Westminster City Council
SUBJECT
Title
Public Hearing - Case No. 2025-0223 - A request to approve Zoning Text Amendments to repeal and readopt Chapter 17.570 Affordable Housing Density Bonuses and amend Section 17.500.010 Authority for Land Use and Zoning Decisions relating to Density Bonus Law (Government Code Section 65915 et seq.), and amend Section 17.700.010 Definitions of Specialized Terms and Phrases of the Westminster Municipal Code
End
• Staff Report
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
From: Steven A. Mendoza, Interim Community Development Director
Requested by: Administration
Prepared by: Alice Tieu, Associate Planner
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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 ZONING TEXT AMENDMENTS (CASE NO. 2025-0223) TO REPEAL AND READOPT CHAPTER 17.570 AFFORDABLE HOUSING DENSITY BONUSES AND AMEND SECTION 17.500.010 AUTHORITY FOR LAND USE AND ZONING DECISIONS RELATING TO DENSITY BONUS LAW (GOVERNMENT CODE SECTION 65915 ET SEQ.), AND AMEND SECTION 17.700.010 DEFINITIONS OF SPECIALIZED TERMS AND PHRASES OF THE WESTMINSTER MUNICIPAL CODE,” read by title only and waive further reading.
end
BACKGROUND
The California Density Bonus Law, Government Code Sections 65915-65918, was originally enacted in 1979 and allows developers to develop housing units at a density in excess of the maximum density allowed by zoning in exchange for the development of affordable housing units or senior housing. The law allows a developer to deed restrict a certain number of units in a residential development to be affordable based on very low-, low-, and moderate-income household categories. The number of density bonus units granted is dependent on the percentage of affordable units provided. The more affordable units and the lower the income level served, the greater the density bonus. Density Bonus Law also requires that cities grant incentives and waivers, whereby developers can request to have development standards waived when providing affordable housing.
Since its initial passage, the State Density Bonus Law has been amended through a series of legislative updates which have further reduced barriers to developments by offering higher percentages of density bonus and incentives, including the ability to stack density bonuses. If a developer meets the requirements of Density Bonus Law, cities must approve the project ministerially. Density Bonus Law also requires that cities provide applicants with submittal requirements and procedures to ensure timely processing of the application.
Westminster’s density bonus regulations are found in Westminster Municipal Code (WMC) Chapter 17.570 Affordable Housing Density Bonuses (Attachment 3) and were last updated in 2010. The proposed code update will ensure that the City’s density bonus provisions comply with all applicable state housing laws.
The Planning Commission, at its regular meeting of November 5, 2025, voted 5-0 to recommend approval of the proposed zoning text amendments to the City Council. Planning Commission Resolution No. 25-020 and the meeting minutes are provided as Attachments 2 and 3 in this report.
ANALYSIS
The State’s Density Bonus Law, which stipulates project eligibility and requirements for density bonuses, will be adopted by reference in the proposed ordinance. By adopting state law by reference, the City will not have to amend its density bonus code section in the event the state further amends or revises the Government Code sections relating to Density Bonus Law. In addition, the City’s zoning code facilitates the implementation of State Density Bonus Law by outlining applications and procedures along with other City requirements.
The proposed text amendment will accomplish the following:
1) Changes the Review Authority and Eliminates Findings for Approval
Currently, a density bonus project requires Planning Commission recommendation and City Council approval. Under the proposed code, amended to reflect state law, density bonus projects will be considered and approved by the review authority reviewing the associated residential development. For example, if a residential development project requires staff level review and approval, then the density bonus, along with the project, will also be reviewed and approved by staff. In addition, the proposed code will eliminate required findings for approval since a city must approve a density bonus if the project meets state law. In addition, the review authority may no longer include conditions of approval to grant a density bonus. These changes streamline the development process and eliminate barriers to obtaining density bonuses as required by state law and as required per Goal H-2, Housing Development - Assist in the development of new housing, including affordable, special needs and market-rate housing, and Goal H-3, Removal of Constraints - Remove or reduce constraints to the maintenance, improvement, and development of housing, of the Westminster 6th Cycle Housing Element.
2) Adds Specific Development Requirements
Chapter 17.570 currently does not have specific development requirements for density bonus projects. The proposed text amendment adds a new section with requirements to ensure that affordable units are designed concurrently and consistently with market-rate units in the project. These requirements include, but are not limited to, the following:
a) Affordable dwelling units must be constructed concurrently with market-rate units unless the body approving the underlying project and the developer agree to an alternative project schedule.
b) The affordable units must have the same amenities as the market-rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development.
c) If the project contains for-sale units, then the affordable dwelling units must also be for-sale units.
3) Clarifies Submittal Requirements and Procedures
The City’s current density bonus code includes general information about the application process and submittal requirements. However, the proposed code will include more details for clarification. This includes the addition of an application content section that lists specific information the applicant must submit in order for staff to determine project eligibility for a density bonus. For example, the number, percentage, and income level of affordable units must be provided.
A draft version of the City Council ordinance with all proposed text changes has been provided in Exhibit A of Attachment 1. As Chapter 17.570 is being replaced in its entirety, a red-lined copy has not been provided. Exhibit A also shows text changes to WMC Section 17.500.010 and Section 17.700.010 to ensure that our processes and definitions are consistent with Chapter 17.570 and state law. These changes are shown as red strikethroughs for deletions and blue underlined text for added text.
Environmental Review
The Zoning Text Amendments are categorically exempt from CEQA pursuant to the commonsense exemption set forth in Guidelines Section 15061(b)(3) that CEQA only applies to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity will have a significant effect, the activity is not subject to CEQA. The proposed amendments do not change the density, intensity, or allowed uses or would have other effects on the environment. The changes are not for any specific project and therefore will not impact any environmental resource of hazardous or critical concern, will not create cumulative impacts, or impacts to scenic highways, hazardous waste sites, or historical resources.
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 City’s current density bonus laws were adopted 15 years ago. Since that time, the State’s Density Bonus Law has changed by further eliminating barriers to the development of housing. The City’s density bonus code provisions, including application procedures and processes, must therefore be aligned with current state requirements. The proposed text amendments will update the City’s density bonus provisions and bring the City Code to fully comply with state law. Staff recommends that the City Council uphold the Planning Commission’s approval of Case 2025-0223 and introduce the ordinance for first reading.
ATTACHMENTS
1. Draft Ordinance for Approval of the Zoning Text Amendment
2. Planning Commission Resolution No. 25-020
3. Draft Planning Commission Minutes for the Meeting of November 5, 2025
4. WMC Chapter 17.570 Affordable Housing Density Bonuses
5. Government Code § 65915 et seq.
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager