Westminster planning commission recommends denial of ordinance to set 30‑unit minimum in housing overlay

The Westminster Planning Commission voted 5-0 on Aug. 20 to recommend denial of a proposed zoning-code amendment that would raise the minimum residential density in the city’s housing overlay from 20 to 30 dwelling units per acre.

The recommendation comes after a staff presentation explaining the amendment is intended to align the city’s zoning with its certified housing element and recent City Council action. Staff said the change would codify an Aug. 13 City Council urgency ordinance that temporarily prohibits approvals of housing-overlay projects with densities under 30 units per acre.

A staff member told the commission the proposed code amendment would amend section 17.25.035 of the Westminster Municipal Code and that the proposal is exempt from CEQA under the “common-sense” exemption. “From the staff perspective, that moratorium is in place. That is not the purview of the city council or this commission, and we are not moving forward with any approval of that,” the staff member said, adding the commission was being asked to consider a permanent ordinance.

During public comment, resident Terry Raines criticized staff materials and the City Council’s urgency ordinance, raising procedural and transparency concerns. “Minutes should be presented at the next meeting, not 3 to 4 months or even a year later,” Raines said, and questioned the legal basis for the council’s moratorium.

Commission discussion focused on legal risk, procedural transparency and the relationship between the proposed minimum and the city’s Regional Housing Needs Assessment (RHNA) obligations. A commissioner said there are penalties if a city is “too far under our RHNA numbers,” and staff explained one consequence could be having a shortfall added to the next RHNA allocation.

Several commissioners argued the packet lacked materials shown in the presentation (maps the staff referenced were not in commissioners’ packets), and one commissioner said they opposed raising the minimum. “Me personally, I’m not in favor of this resolution whatsoever. I think the city council is going in the wrong direction, and I would not like to recommend this to the city council,” Commissioner Wolbert said.

Commissioner Wolbert moved to recommend denial of the proposed ordinance to the City Council on the finding that it would be detrimental to the public interest, health, safety, convenience or welfare of the city; Commissioner Anderson seconded. The roll call vote was 5-0 in favor of the motion. The staff confirmed the item will be transmitted to City Council with the commission’s recommendation of denial for the Sept. 10 council meeting.

Staff also told the commission that the city is preparing other planning items: a sign-code survey remains open for roughly three more weeks, accessory-dwelling-unit code amendments and SB 9-related items are scheduled for Sept. 3, and an ADU workshop is planned before a future meeting. Staff said a developer seeking building permits must first obtain a sewer connection from Midway City before pulling Westminster building permits.

The commission adjourned with the item scheduled to appear before City Council on Sept. 10 with the Planning Commission’s recommendation of denial.