Westminster planning commissioners initiate amendments to ADU, SB 9, processing and fee rules

The Westminster Planning Commission voted 5-0 on Feb. 5 to initiate a resolution of intention to amend seven sections of the Westminster Municipal Code, including rules for accessory dwelling units (ADUs) and SB 9 two‑unit housing developments, city staff said.

Ken Fichtelman, principal planner for the city, told the commission, "We are here tonight to initiate a request to amend 7 sections of the Westminster zoning code." He said the first three sections to be updated address ADUs, SB 9 housing developments and the city’s affordable housing density bonus and are required to conform to recent changes in state law.

The amendments staff proposed for initiation would affect: section 17.40.135 (residential uses — accessory dwelling units), section 17.40.122 (residential uses — SB 9 two‑unit housing development in the R‑1 district), chapter 17.5 (applications, processing and fees), chapter 17.515 (zoning clearance), chapter 17.52 (development review), chapter 17.57 (affordable housing density bonuses) and chapter 17.62 (general plan, zoning map and zoning code amendments). Fichtelman said the changes are intended both to ensure legal compliance and to clarify permit types, expiration language and which standards apply to particular uses.

Why it matters: Commissioners and members of the public raised concerns that, without an updated code, the city risks having certain local provisions declared void and defaulting to state rules with less local control. Commissioner Rose and others pressed staff about protections for neighborhood character, including lot‑coverage treatment for ADUs and size limits. Staff said they are considering counting ADU area toward lot coverage (the current code exempts the first 800 square feet) and possibly capping ADU size at 1,000 square feet instead of the 1,200 the city currently allows, but that none of those changes are final and all will be returned to the commission and council for review.

Commissioners asked for clarifications staff provided during the discussion: the state currently establishes a minimum ADU allowance (staff repeatedly referenced an 800‑square‑foot baseline), a four‑foot side and rear setback for ADUs, and a potential limit on local discretion if the city’s existing code is declared void. Fichtelman told the commission that the city has at times followed state law directly and that codifying consistent, objective local standards would reduce confusion for applicants and staff.

Staff also proposed process changes: permitting certain code‑text amendment initiations to be started by staff (director level) rather than requiring the full formal initiation step before the Planning Commission or City Council. Fichtelman said this would allow staff to prepare draft text more quickly while still bringing final proposals to the Planning Commission and City Council for public hearings and formal adoption.

During debate commissioners emphasized balancing state compliance with neighborhood quality of life — for example, concerns about parking impacts, exterior lighting, roof drainage and how ADUs could affect lot open space. Fichtelman and other staff responded that objective standards (design, lighting shields, gutters, lot‑coverage counting and size caps) are options staff can draft, but that the scope of what the city can lawfully require is limited by state law and guidance from the Department of Housing and Community Development (HCD).

The commission approved a motion by Vice Chair Anderson, seconded by Commissioner Rose, "to adopt a resolution entitled a resolution of intention of the planning commission of the city of Westminster, California, initiating zoning code amendments" to the seven identified code sections. Roll call votes were recorded as follows: Commissioner Buoy — yes; Commissioner Hamade — yes; Commissioner Rose — yes; Vice Chair Anderson — yes; Chair Wolford — yes. The motion passed five‑zero.

Fichtelman closed by noting that "Environmental review, the initiation of any zoning code amendment is not a project per sequel," and staff confirmed they will prepare formal draft amendments, consult with the city attorney and the Departments referenced in the discussion, and return the proposed code text to the Planning Commission and City Council for public hearings. The commission’s action becomes effective 15 days after the decision date; interested parties may file a written appeal with the city clerk within that 15‑day window.

Next steps: staff will draft the specific code language, perform the required public‑hearing process and return to the Planning Commission and City Council for adoption votes. The commission asked staff to examine options that would limit ADU size and account for ADUs in lot‑coverage calculations while remaining within state law.