Westminster City Council
SUBJECT
Title
Public Hearing - First Reading of Case No. 2025-0183, A Request to Amend Section 17.400.135 Residential Uses - Accessory Dwelling Units of the Westminster Municipal Code.
End
publichearing
• Staff Report
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
End
From: Steven Mendoza, Interim Community Development Director
Requested by: Administration
Prepared by: Ken Fichtelman, Principal Planner
____________________________________________________________
RECOMMENDED ACTION
Recommendation
The Planning Commission recommends that the Mayor and City Council consider and 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. 2025-0183) AMENDING TITLE 17 OF THE WESTMINSTER MUNICIPAL CODE, CHAPTER 17.400.135 RESIDENTIAL USES - ACCESSORY DWELLING UNITS,” read by title only and waive further reading.
end
BACKGROUND
On September 27, 2016, Governor Brown signed Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 into law, which amended the Government Code to make it easier for property owners to develop second units, referred to as Accessory Dwelling Units (ADUs) on residential properties. These first laws allowed ADUs on nearly all residential properties and limited the ability of local government to impose development standards such as parking, setbacks, and unit size.
On December 18, 2019, the Westminster City Council adopted an urgency ordinance to implement both AB 2299 and SB 1069 and to apply permissible development standards to the development of ADUs. On March 24, 2021, the City adopted a permanent ordinance to replace the urgency ordinance and comply with changes to state law that had passed since the adoption of the urgency ordinance. However, since the passage of that ordinance, the state has passed additional bills which have further reduced the ability of local governments to regulate development standards for ADUs and which have modified the number of ADUs which a property is entitled to. As the Westminster Municipal Code (WMC) has not been updated to reflect these new laws, the WMC is currently out of compliance with state law and must be updated to reflect these changes. Additionally, the 6th Cycle Housing Element, which was approved by the City Council and certified by the California Department of Housing and Community Development, contains Program 5 which requires the City to update its ADU code section to be compliant with state law.
The Planning Commission initiated the amendment at their regular meeting held on February 5, 2025.
The Planning Commission, at their regular meeting held on September 3, 2025, voted 3-0 (Commissioners Anderson and Wolbert absent) to recommend approval of the proposed zoning text amendment to the City Council. Planning Commission Resolution No. 25-018 and the draft meeting minutes are provided as Attachments 2 and 3 to the staff report.
Staff has made several edits to the code text language, which was presented to and approved by the Planning Commission to correct typographical errors and remove statutory references. These changes are shown in red in the proposed ordinance (Attachment 1). The changes made do not materially affect the proposed ordinance.
Analysis
Key Modifications to ADU law:
• SB 1211, passed in 2024, increased the quantity of detached ADUs that lots with an existing multi-family dwelling can have. Multi-family developed lots may now construct up to eight (8) units, not to exceed the number of units currently on the lot.
• AB 2221 and SB 897, passed in 2022, combined to increase the minimum height a city must allow for a detached ADU if the unit is located within a half mile of a major transit stop or high quality transit corridor to 18 feet (20 feet if necessary to match the roof pitch of an existing residence) and for an attached ADU to 25 feet or as high as a primary dwelling unit may be per the underlying zoning. A city may still limit an ADU to two stories, regardless of the maximum height allowed per the underlying zone.
The majority of the changes proposed in the new ordinance were made to satisfy state requirements found within Chapter 13 of Division 1 of Title 7 of the Government Code. Staff did amend how lot coverage applies to ADUs to limit the overall lot coverage that could be obtained on single-family properties. Please see Attachment 4 for a copy of the City’s current ADU code section. Due to the reorganization and comprehensive changes to the existing code section, a red-lined code section has not been provided. The redlines would be so substantial as to be largely meaningless.
The table below is a summary of key code modifications proposed in the ordinance:
|
Key Modifications to ADU Ordinance |
|
Code Criteria |
Current Code |
Proposed Code |
|
Number of Units Allowed for Existing Multi-Family Developments |
Two (2) Detached ADUs |
Up to Eight (8) units but not to exceed the number of existing units on site |
|
Two Story ADUs |
Not allowed unless proposed with new single-family residence. This standard conflicts with state law and is not currently being enforced. |
Attached ADUs have same height as allowed by underlying zoning, up to two-stories. |
|
Height for Single-Family ADU projects |
16 feet max This standard conflicts with state law and is not currently being enforced. |
-Up to 20 feet for detached ADUs -Up to the height of the underlying zone, not to exceed two stories, for attached ADUs. |
|
Code Criteria |
Current Code |
Proposed Code |
|
Junior Accessory Dwelling Unti (JADU)- Where Allowed |
Allowed within a residential or mixed-use zone. |
Allowed only on single-family zoned properties. |
|
Lighting |
Not Mentioned |
Language added to prevent exterior lighting on ADUs from spilling onto adjacent properties. Flood lighting not permitted. |
|
Lot Coverage |
ADUs of 800 square feet or less are exempt from lot coverage calculations. |
All ADUs will count towards lot coverage. |
At the Planning Commission’s meeting held on February 5, 2025 the Commission asked staff to consider regulations which would limit the size of ADUs and the impact of ADUs on adjacent properties. Towards this goal, code text which excluded ADUs of 800 square feet or less from lot coverage calculations has been removed. While this will not limit the size of an ADU on a property, it could limit the size of future or concurrent residential additions to a property. Code text has also been included that mandates that any and all exterior lighting be contained within the subject property and not spill onto adjacent properties. The City Council may also recommend limiting the maximum size of an ADU. Per Government Code §66321(b)(2)(B), a local government may adopt a maximum square footage of 1,000 square feet for an ADU that provides more than one bedroom. The code text attached to the draft ordinance currently contains the current 1,200 square foot maximum that was previously approved by the City Council. The City Council may, through a motion for approval, adopt the 1,000 square foot maximum allowed by state law.
Environmental Review
Per Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city implementing state ADU laws.
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
As required by State law and Program 5 of the approved and certified 6th Cycle Housing Element, the proposed zoning text amendment brings the City’s Accessory Dwelling Unit code text into compliance with State ADU laws (Government Code Sections 66310 through 66339). The draft ordinance also contains development standards that seek to lessen the impact of ADUs on residential neighborhoods while complying with state law.
ATTACHMENTS
1. Proposed Ordinance
2. Planning Commission Resolution No. 25-018
3. Draft Planning Commission Minutes - September 3, 2025
4. WMC §17.400.135 Residential Uses- Accessory Dwelling Units
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager