Westminster City Council
SUBJECT
Title
Public Hearing – Case No. 2025-0166, A Request to Adopt an Urgency Ordinance and Introduce for First Reading a Non-Urgency Ordinance to Amend Section 17.250.035 Housing (H) Overlay of the Westminster Municipal Code.
End
publichearing
• Staff Report
• Comments or Presentation from Applicant (If Applicable)
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
End
From: Adolfo Ozaeta, Assistant City Manager
Requested by: Administration
Prepared by: Ken Fichtelman, Principal Planner
___________________________________________________________
RECOMMENDED ACTION
Recommendation
A. The Planning Commission recommends that the City Council uphold the denial of the approval of Case No. 2025-0166; OR
B. Adopt an Urgency Ordinance entitled “AN URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A ZONING TEXT AMENDMENT (CASE NO. 2025-0166) AMENDING TITLE 17 OF THE WESTMINSTER MUNICIPAL CODE, CHAPTER 17.250.035 – HOUSING (H) OVERLAY;” and
C. Introduce for first reading an Ordinance entitled “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING A ZONING TEXT AMENDMENT (CASE NO. 2025-0166) AMENDING TITLE 17 OF THE WESTMINSTER MUNICIPAL CODE, CHAPTER 17.250.035 – HOUSING (H) OVERLAY,” read by title only and waive further reading.
end
BACKGROUND
The City Council adopted Ordinance No. 2593 on December 14, 2022, which added Mixed-Use Zoning of MU 36 and MU 40, allowing a maximum of 36 and 40 dwelling units per acre, respectively (Chapter 17.260). This Ordinance also added a Housing Overlay which imposed a minimum 20 dwelling units per acre requirement on all housing inventory sites in the mixed-use zones (Section 17.250.035). When the City Council adopted the Housing Element in March of 2023, Program 3 required the completion of rezoning all sites identified in the Site Inventory of the Housing Element (Appendix A) to establish new mixed-use regulations for multifamily dwellings to include a minimum density of 20 units per acre. However, the Housing Element anticipated a yield of 85 percent of maximum density for the new mixed-use sites in determining that there would be adequate site capacity to satisfy the City’s Regional Housing Needs Assessment (“RHNA”). Applying an 85 percent maximum to the MU 36 and MU 40 zoning districts would provide for 31 and 34 dwelling units per acre, respectively.
The City has received inquiries about developing properties within the Housing Overlay sites at densities closer to 20 dwelling units per acre, which is less than 60 percent of the maximum density. If properties within the Housing Overlay sites are allowed to develop at densities as low as 20 dwelling units per acre, there will be a substantial shortfall of housing inventory sites to accommodate the City’s portion of the RHNA allocation. This shortfall would require the City to reopen the Housing Element and designate new sites within the City to accommodate the net loss of RHNA units.
On August 13, 2025, the City Council adopted an Urgency Ordinance that imposes a moratorium on approving any housing development of less than 30 units per acre on any site within the Housing Overlay. The Urgency Ordinance is effective for 45 days from adoption. Thus, the Urgency Ordinance is set to expire on September 27, 2025. Thus, staff has prepared this zoning code amendment which would codify the minimum density of 30 units per acre within the Westminster Municipal Code.
On August 20, 2025, the Planning Commission held a public hearing regarding the proposed zoning text amendment and voted 5-0 to recommend denial of the ordinance to the City Council (See Attachments 3 and 4).
ANALYSIS
To ensure that the housing inventory sites are developed at a density closer to what was anticipated in the Housing Element, staff is recommending that the Housing Overlay be amended to prohibit any housing development of less than 30 dwelling units per acre. This will ensure that the density of any development within the Housing Overlay is in line with the density numbers that were included within the 6th Cycle Housing Element.
The Housing Overlay sites are all within the MU 36 and MU 40 zones (See Attachment 4). The Council may recall that efforts are underway to increase the permitted densities in these districts. The anticipated density increase is further justification to establish a minimum density standard.
It is important to note that no minimum density requirements would be placed on sites outside the Housing Overlay. Some of the sites excluded from the Overlay are within MU districts. Properties covered by Specific Plans and within other zoning districts, such as R-1 through R-5, are also outside the Housing Overlay. Thus, adoption of the Urgency Ordinance will leave ample opportunity for all types of development throughout the community.
Language has been included in the proposed code text which would allow the City to place the Housing Overlay to include sites within the City which are not in the mixed-use zone but could provide for a substantial amount of housing. Currently, per the current code language, the Housing Overlay is only able to be placed on sites which have been designated as housing sites in the Housing Element. This will enable the City to ensure that, as new and substantial sites are made available for housing, the future housing needs of the City and its residents are being met.
Urgency Ordinance
In addition to the consideration of the traditional ordinance, an Urgency Ordinance for the proposed zoning code amendment has been attached for the Council’s consideration. At the August 13, 2025, City Council meeting, the Council approved a moratorium which prohibited any housing development project in the Housing Overlay that had a density of less than 30 units per acre. That moratorium is set to expire on September 27. The earliest a second reading of the non-urgency ordinance could occur would be September 24, 2025, and the ordinance would not go into effect until the 31st day after that date, or October 25, 2025. This would leave at least a 28 day span where a property owner or developer could submit an application for a development to try to “lock-in” their development rights, as the development standards that a city can enforce vest at the time of application. To avoid this scenario, and to protect the City’s RHNA obligations, adoption of the Urgency Ordinance would immediately implement the proposed changes to the Housing Overlay. Pursuant to Government Code section 36937(b), an ordinance takes effect immediately for the immediate preservation of the public peace, health or safety, provided it contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council.
It is important to note that there are no material changes between the proposed Urgency Ordinance and the Proposed Ordinance, with both ordinances raising the minimum density for development within the Housing Overlay to 230 units per acre. Both ordinances contain the same amendment to Chapter 17.250.035 with the only differences being several additional Whereas clauses in the urgency ordinance and the immediate effective date of the Urgency Ordinance.
Ten Day Report - Per Government Code Section 65858(d).
Whenever a City adopts a 45-day prohibition on development under Government Code 65858 (a "moratorium"), part of the procedure is that there be a written report describing the measures taken to alleviate the condition which led to the adoption of the moratorium. Here, as is evidenced by this public hearing, staff has prepared this permanent ordinance for consideration both the Planning Commission, and now the City Council. If the City Council takes no action, the moratorium will expire of its own accord. If the City Council approves the ordinance on an urgency basis, then the moratorium would expire the moment the ordinance becomes effective.
FISCAL IMPACT
The proposed amendment will not have a direct fiscal impact on the City.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The proposed zoning code amendment imposes a minimum density within the Housing Overlay which approximates that densities for those properties which were reported to the state as a part of the 6th Cycle Housing Element. It does not change permitted uses or development standards or provide for any change in development capacity beyond that which currently exists.
ATTACHMENTS
1. Proposed Ordinance
2. Proposed Urgency Ordinance
3. Planning Commission Resolution No. 25-016
4. Draft Planning Commission Minutes – July 2, 2025
5. Map of Housing Overlay Sites
6. WMC §17.250.035 Housing (H) Overlay
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager