Westminster City Council
SUBJECT
Title
First Amendment to Agreement with De Novo Planning Group to Complete Required Environmental Work Associated with the Amendment of Development Standards Within the Mixed Use (MU) Zone.
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From: Steven Mendoza, Interim Community Development Director
Requested by: Administration
Prepared by: Ken Fichtelman, Principal Planner
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RECOMMENDED ACTION
Recommendation
Approve Amendment No. 1 to the agreement with De Novo Planning Group, in an amount not to exceed $58,000, to perform all required environmental work pursuant to CEQA and implement the recommendations of the Mixed-Use Development Report.
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BACKGROUND
On January 24, 2024, the City Council approved an agreement with Economic & Planning Systems (“EPS”) to conduct an economic analysis to support redevelopment in Westminster’s Mixed-Use (MU) Districts. The analysis aimed to further the goals and the objectives of the City’s three-year strategic plan through evaluating the opportunities and policies to expand residential mixed-use development opportunities in the City’s MU districts. The Mixed-Use Zoning Analysis Report (hereafter referred to as “the report”) was completed in summer of 2024 and presented at the regular City Council meeting on September 11, 2024. A key goal of the report was to understand the appropriate residential density and other regulatory considerations that are needed to foster housing development within the City’s MU districts, while still fostering commercial investment. The recommendations provided in the report were designed to enable the City to attract vertical and horizontal mixed-use developments and help the City meet its Regional Housing Needs Allocation (RHNA) targets. After hearing the recommendations of the report and questioning both staff and the consultants regarding the findings, the City Council directed staff to implement the recommendations of the report, including upzoning the mixed-use zone for higher density residential development, expanding the zone to additional properties, and amending development standards to allow for the increased density.
Work on the zoning text amendment required to implement the recommendations of the report has been underway. Due to the increase in allowable residential density that the proposed zoning code text would allow, it is also necessary to provide an addendum to the Environmental Impact Report (EIR) which was previously prepared for the implementation of the MU zone to ensure that the document adequately assesses the environmental impact of the increased density and expanded applications of the MU zone.
The EIR for the implementation of the MU zone was prepared by De Novo Planning Group. Due to their familiarity with the original document and their involvement with both the development of the report and the implementation of the Mixed-Use zoning as a part of the 6th Cycle Housing Element, De Novo Planning Group has been tasked with producing the addendum to the EIR pursuant to the California Environmental Quality Act (CEQA) to ensure that it adequately assesses the environmental impacts of the proposed changes to the Mixed-Use zoning district.
The total amount for the required environmental work will be $175,900. Of this total, $117,900 is currently contractually obligated to De Novo Planning Group through the contract to develop the City’s 6th Cycle Housing Element. An amendment to the existing contract, in the amount of $58,000, will provide the required funds to complete the required environmental work.
FISCAL IMPACT
Execution of the Agreement will result in a disbursement of $58,000 from the Planning (61050) contractual account 43090 for services provided during the 2025-2026 fiscal year. Sufficient funds were included in the FY 2025-26 budget. No adjustment is needed.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Per direction given by the City Council at its regular meeting on September 11, 2024, work has commenced on a zoning text amendment to implement the recommendations of the Mixed-Use Zoning Analysis Report. To complete the required environmental analysis of the amendment, a contract amendment has been prepared to provide the necessary funding to bridge the difference between previously contractually obligated funds and the actual cost of the environmental work.
ATTACHMENTS
1. First Amendment to Agreement with De Novo Planning Group Including a New Scope and Original Agreement
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager