Planning commission backs ADU code updates including height and lighting rules, forwards to City Council

The Westminster Planning Commission voted unanimously on Sept. 3 to recommend that the City Council adopt zoning code amendments to bring the city's accessory dwelling unit (ADU) rules into alignment with state law (Case 2025‑0183).

Staff summarized state changes that must be reflected in local code, noting the state's ADU statutes have evolved since the city's original ADU ordinance. A staff presenter identified multiple changes driven by recent state law: allowing detached ADUs on existing multifamily properties (with limits tied to the number of existing units), permitting attached ADUs to match the height of the underlying zone (allowing two‑story attached ADUs), and allowing detached ADU heights up to 20 feet depending on lot context. Staff also explained the city may adopt a lower maximum ADU size (for example, 1,000 square feet) than the state maximum of 1,200 square feet and said the commission could recommend such a limit to the City Council.

On design and neighborhood impacts, staff proposed that ADUs generally count toward lot coverage (to avoid large additions that circumvent coverage limits) and recommended exterior lighting be required to be shielded so light does not spill onto adjacent properties. Staff described the lighting restriction as a “quality of life” provision intended to prevent constant light intrusion onto neighbors during nighttime hours.

Resident Terry Raines again urged care on formatting and statutory citations in the draft materials and listed multiple alleged errors and incorrect statute references in the staff report and draft ordinance. Raines provided handwritten comments to commissioners and said redline comparisons were not provided. “There are far too many for me to comment on,” Raines said, and recommended staff supply corrected and properly formatted text to avoid confusion.

The city attorney told the commission the draft amendments had been reviewed by legal counsel (including outside counsel) and that the office found the material legally sufficient for the commission to recommend approval; the attorney said typographical and citation fixes could be corrected prior to final codification.

Chair Hamadi moved that the planning commission recommend approval of Case 2025‑0183 to the City Council and adopt the draft resolution; Vice Chair Buie seconded. The motion passed on a roll call vote of 3‑0 (Commissioner Tran: yes; Vice Chair Buie: yes; Chair Hamadi: yes). The commission's vote forwards the proposed ADU code amendments to a future City Council agenda for final action.

Staff listed the chapters to be amended as chapter 17.400.135 of the Westminster Municipal Code and recommended the commission find the ordinance adoption exempt from CEQA under the government code provisions that apply to ADU implementing ordinances. The commission also discussed whether to recommend a 1,000‑square‑foot maximum ADU size to the council; staff confirmed the option is available and that council consideration would be required to adopt such a lower cap.