16.02 — GENERAL PROVISIONS

This title shall be referred to and may be cited as the "Westminster Subdivision Ordinance." (Prior code § 8118.3; Ord. 2198 § 2, 1993)

Pursuant to the provisions of the California Government Code referred to in this title as the Subdivision Map Act, and to the relevant provisions of the Streets and Highways Code, the Public Resources Code, and the Business and Professions Code, and to all other regulations provided by law, the regulations, requirements and controls contained in this title shall apply to all divisions of land, including subdivisions, parts of subdivisions, lot divisions, reversions to acreage, lot combinations and consolidations, and lot line adjustments. (Prior code § 8111; Ord. 2198 § 2, 1993)

No person, firm, corporation, partnership or association shall offer to sell, or contract to sell, or sell any parcel or parcels of real property, or offer to finance or lease any parcel or parcels, or finance or lease a residential lot, or commence construction of any building or structure for sale thereon, or to allow occupancy thereof; and no building permit, certificate of use and/or occupancy or other official evidence of authority for the use of the premises shall be valid unless the lot, parcel or parcels in question are shown in the county recorder's office as part of one of the following:

1. A subdivision tract map filed and approved in compliance with the Subdivision Map Act; or

2. A lot or parcel created by the division, combination or reversion of a lot or lots in compliance with the Subdivision Map Act, and/or local ordinances, which were established on or before March 4, 1972, and which is or are shown on a parcel map or record of survey map; or

3. The lot or parcel is a legal lot as defined in Title 17 of this code. (Ord. 2198 § 2, 1993)

Conditional exceptions to the standards and requirements of this title may be authorized by the planning commission in the case of land divisions by tract map and lot divisions by parcel map; and by the city engineer in the case of lot line adjustments and lot consolidations, if exceptional or special circumstances exist. Such circumstances may include, but are not limited to, limited property size, unusual property shape, unique industrial, commercial or residential development problems, extreme topography, dominating drainage problems, adverse environmental effects or the impracticability of employing a comprehensive plan or layout by reason of prior existing development of contiguous properties.

(Ord. 2198 § 2, 1993)

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City of Westminster, CA

WESTMINSTER CODE

§ 16.02.050

§ 16.02.090

The planning commission, in the case of land divisions by tract map and parcel map; and the city engineer in the case of lot line adjustments and lot consolidations, shall deny the divisions of land if the divisions do not comply with the provisions of this title, after considering any approved exceptions as provided in this title. The planning commission or city engineer shall also deny the divisions if they do not meet the provisions of State law regarding subdivisions, divisions of land, planning and environmental considerations or fail to comply with the city's General Plan. (Ord. 2198 § 2, 1993)

No application for a parcel map, subdivision map or lot line adjustment shall be filed within one year from the final denial of a substantially identical application which has been denied other than by denial without prejudice. The dismissal, withdrawal or denial without prejudice of any application shall not prevent it from being refiled at any time. (Ord. 2198 § 2, 1993)

The planning commission is designated as the advisory agency, as the same is referred to in the Subdivision Map Act, and is charged with the duties and powers prescribed by State law and the ordinances of the city.

(Ord. 2198 § 2, 1993)

The words and phrases used in this title shall have the meanings respectively ascribed to them by Title 17 of this code. Whenever any words or phrases used are not defined in Title 17, but are defined in the Subdivision Map Act or other State laws, such definitions are incorporated by reference.

(Prior code § 8112; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)

Violation of any regulation of this title shall be deemed a misdemeanor, punishable in accordance with the provisions of Chapter 1.12 of this code. (Prior code § 8118; Ord. 2198 § 2, 1993)

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City of Westminster, CA

SUBDIVISIONS

§ 16.04.010

§ 16.04.030