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Westminster adopts urgency ordinance raising minimum density in housing overlay to 30 units per acre
Summary
The council voted 5‑0 to impose a temporary moratorium ending when a formal zoning amendment is adopted; the change aims to prevent lower‑density projects from reducing the city's housing inventory and impairing its ability to meet RHNA obligations.
The Westminster City Council on Aug. 13 adopted an urgency ordinance (4/5 vote required) to impose a temporary moratorium on approving housing developments within the city’s housing overlay at densities below 30 dwelling units per net acre.
Interim Director of Community Development Sherry Vander Dussen told the council staff had received inquiries from multiple parties proposing housing projects in overlay areas at densities closer to 18‑20 units per acre — substantially below the densities assumed in the city’s adopted housing element. Because state law allows a housing application to vest under the rules in place when an application is filed, staff said the council needed an immediate, temporary measure to prevent lower‑density proposals from locking in standards that would reduce the available high‑density inventory the city counted on for its regional housing needs allocation (RHNA).
To address the concern, the council adopted an urgency ordinance that sets a 30‑units‑per‑net‑acre minimum in the housing overlay while staff processes a formal zoning‑code amendment. The staff presentation said the formal amendment will be heard at the planning commission on Aug. 20 and returned to council for final action in September; if adopted then, the permanent change would be in effect by October. The urgency ordinance passed unanimously (5‑0).
Why it matters: The change is meant to preserve projected housing capacity the city relied on when it adopted its housing element. Staff described the ordinance as a short‑term measure to prevent applicants from vesting under lower densities and thereby reducing the city’s ability to meet RHNA targets.
Next steps: Staff will present a formal zoning code amendment to raise the minimum density in the overlay to 30 dwelling units per acre at the planning commission (Aug. 20) and at a council meeting in September; the urgency ordinance will expire once the permanent ordinance is effective.
