Definitions. For purposes of this section, the following definitions shall apply:
"Unit"
means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 17.400.122, an accessory dwelling unit, or a junior accessory dwelling unit.
"Urban lot split"
means a lot split of a single-family residential R1 zoned lot into two parcels that meets the requirements of this section.
(Ord. 2580U § 2, 2022; Ord. 2627, 11/12/2025)
The city shall ministerially approve a parcel map for a lot split that meets the following requirements:
A. 
The parcel is located within a single-family residential R1 zone.
B. 
The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Cal. Govt Code § 65913.4, as that section read on September 16, 2021.
C. 
The proposed lot split would not require demolition or alteration of any of the following types of housing:
1. 
Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
2. 
Housing that is subject to any form of rent or price control by the city;
3. 
A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
4. 
Housing that has been occupied by a tenant in the last three years.
D. 
The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel.
E. 
Both newly created parcels shall not be smaller than 1,200 square feet in area.
F. 
The lot split does not create more than two units on a parcel.
G. 
The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Cal. Pub. Res. Code § 5020.1, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
(Ord. 2580U § 2, 2022; Ord. 2627, 11/12/2025)
A. 
An application for an urban lot split shall be considered and approved or denied within 60 days from the date the city receives a complete application. If an application is not approved or denied within this time, the application shall be deemed approved.
B. 
If the city denies an application, it shall provide a full set of written comments to the applicant within the time frame set forth above with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(Ord. 2627, 11/12/2025)
Standards and Requirements. The following requirements shall apply to an urban lot split and any development on a lot created through an urban lot split:
A. 
The lot split shall conform to all applicable objective requirements of the Subdivision Map Act and Title 16 of the Westminster Municipal Code, except as the same are modified by this section.
B. 
Each resulting lot shall have direct access to the public right-of-way. This may be by way of direct lot frontage or through an access easement. Shared driveways shall have a minimum width of 20 feet.
C. 
No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
D. 
Except for those circumstances described in Subsection C above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential R1 zone.
E. 
The development of any new dwelling unit on each lot, or the modification/expansion of any existing dwelling unit must comply with the requirements set forth in Section 17.400.122.
F. 
The applicant shall provide easements for the provision of public services and facilities as required, and any proposed public services and facilities easement(s) must be shown on the Tentative and Final Parcel Map.
G. 
The applicant shall provide easements for the provision of pedestrian and/or vehicular access as required, and any proposed access easement(s) must be shown on the Tentative and Final Parcel Map.
H. 
Parking shall be required at the rate of one space per unit.
(Ord. 2580U § 2, 2022; Ord. 2627, 11/12/2025)
The city shall not: (1) require any of the following; or (2) deny an application based upon any of the following:
A. 
The city shall not require dedications of rights-of-way or the construction of off site improvements for the parcels being created as a condition of issuing a parcel map.
B. 
The city shall not require the correction of legal nonconforming zoning provisions as a condition for the lot split.
C. 
The city shall not deny an application solely because it proposes adjacent or connected structure provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.
D. 
The city shall not impose objective subdivision standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(Ord. 2580U § 2, 2022; Ord. 2627, 11/12/2025)
The following land use restrictions apply to any lot created through an urban lot split, and an applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney stating the following land use restrictions:
A. 
The applicant shall intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
B. 
The uses shall be limited to residential uses.
C. 
Any rental of any unit created by the lot split shall be for a minimum of 31 days.
D. 
The maximum number of units to be allowed on each parcel is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, existing accessory dwelling units, existing junior accessory dwelling units, or units allowed pursuant to Section 17.400.122.
(Ord. 2580U § 2, 2022; Ord. 2627, 11/12/2025)
The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(Ord. 2580U § 2, 2022; Ord. 2627, 11/12/2025)
This section shall not apply to:
A. 
Any parcel which has been established pursuant to a lot split in accordance with this section; or
B. 
Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, "acting in concert" shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot.
(Ord. 2580U § 2, 2022; Ord. 2627, 11/12/2025)