Planning commission recommends Westminster update code to align with SB 9, allows up to four units on R‑1 lots

The Westminster Planning Commission voted 3‑0 on Sept. 3 to recommend that the City Council adopt a zoning text amendment (Case 2025‑0176) to revise municipal code provisions implementing SB 9 and related state guidance.

Alice, Associate Planner for the planning division, told the commission that “SB 9 ... first became law on Jan. 1, 2022,” and that the city must update local code language to match later clarifications from the state Housing and Community Development Department (HCD). Alice said the update responds to HCD guidance and a subsequent legislative update cited in staff materials as SB 450.

The proposal would allow a maximum of four units on an R‑1 single‑family lot without a lot split (two primary units plus an ADU and a JADU), and a maximum of two units per subdivided lot after an SB 9 lot split (for a total of four units on the original lot). Under the recommended changes, SB 9 units would be subject to the underlying R‑1 zone'height and coverage standards (two stories / 35 feet and 40 percent maximum lot coverage), replacing an existing 16‑foot height limit that the staff said conflicted with state law. Alice also explained that the city currently enforces a one‑space‑per‑unit parking requirement and that the 60‑day application timeline required by state law is already met by the city's plan‑check process.

At public comment, resident Terry Raines raised formatting and citation concerns about the draft code and staff materials, saying commissioners had not been provided a redline version and that the staff report contained errors. “Expecting commissioners or the city council to trust that staff's vague summaries in the staff report accurately reflect the totality of the proposed amendments is ludicrous,” Raines told the commission. The city attorney advised the commission that his office had reviewed the draft and found no legal errors that would prevent the planning commission from recommending approval; the attorney said typographical or formatting corrections could be addressed prior to final codification.

Vice Chair Buie moved that the planning commission recommend approval of Case 2025‑0176 to the City Council and adopt the draft resolution; Chair Hamadi seconded. The motion passed on a roll call vote of 3‑0 (Commissioner Tran: yes; Vice Chair Buie: yes; Chair Hamadi: yes). The planning commission's action was a recommendation to the City Council; final adoption of the code changes would occur at a future City Council hearing.

The draft ordinance amendments identified in staff materials would modify chapter 16.12 and section 17.400.122 of the Westminster Municipal Code to implement state SB 9 requirements and HCD technical guidance. Staff recommended that the commission find the amendment exempt from CEQA under the government code provisions that apply to SB 9 implementing ordinances.

The planning commission's recommendation sends the zoning text amendments to the City Council for consideration and final action. The staff report and draft resolution will be placed on a City Council agenda for subsequent review and potential adoption.