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Westminster Planning Commission recommends updating density bonus rules to conform with state law
Summary
The commission voted 5-0 to recommend repeal and re-adoption of Chapter 17.57 to bring the city's density bonus provisions into compliance with California law, changing review authority, removing findings, and adding requirements to ensure affordable units are built concurrently and match market-rate unit amenities.
Alice, an associate planner, presented a zoning text amendment (case 2025-0223) to repeal and re-adopt Chapter 17.57 of the Westminster Municipal Code and amend related code sections to align the city's density bonus rules with state law. She explained that the city's current code (adopted in 2010) no longer complies with California Density Bonus Law and requires updates. "Our code no longer complies with state law and requires a code update," Alice said.
Key changes described by staff include: adopting state law by reference in the density bonus chapter; changing review authority so the density bonus approval follows the highest review authority of the project (for projects requiring staff-level review, density bonus approval would also be at staff level); eliminating the separate findings requirement; and adding development requirements to ensure affordable units are constructed concurrently with market-rate units and have equivalent amenities. Alice noted the amendment also clarifies submittal requirements such as the number, percentage, and income levels of the affordable units.
Commissioners asked for clarification on whether projects that qualify for ministerial approval would be processed without a public hearing; staff said review authority must match the project's highest review body and that state law prevents adding additional discretionary steps that the statute does not require. One commissioner raised concerns about public visibility for projects approved at the staff level and referenced SB 79 as an example that has prompted public concern about taller development near neighborhoods; staff replied the city maintains a projects list on its planning page and will update it.
Staff said the amendment is categorically exempt from CEQA. No members of the public spoke in person; one written comment was provided to the commission. Commissioner Anderson moved to recommend approval to City Council; Chair Hamadi seconded. The motion passed unanimously on roll call.
