§ 20.18

A.

An application for an urban lot split shall be filed by the property owner or an agent of the property owner with the Planning Bureau on the city's approved form, subject to a fee in an amount established by City Council resolution. An application shall be completed to the satisfaction of the Planning Bureau to be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after an application is submitted;

B.

An application shall include an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. An affidavit shall not be required of an applicant that is either a "community land trust" (as defined by Rev. & Tax Code § 4 02.1 (a)(11 )(C)(ii)) or a "qualified nonprofit corporation" (as defined by Rev. & Tax Code § 214.15);

C.

An application for an urban lot split shall meet the requirements set forth in this Chapter;

D.

The City shall act upon an application for an urban lot split without a discretionary review, public hearing, or Site Plan Review Committee Review, within fifty (50) calendar days after a complete application for an urban lot split is filed. The time limit specified in this chapter may be extended by mutual consent of the applicant and the City;

E.

The Zoning Administrator shall ministerially approve or deny the application for an urban lot split. The decision shall be final, and the Zoning Administrator shall state in written findings the reasons for approval or denial.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

The Planning Bureau shall transmit copies of the urban lot split and other required information to each of the following: Department of Public Works, Building & Safety Bureau, Fire Department, Energy Resources Department, Water Department, any other concerned utilities, and to such other agencies that it determines may be affected or may have an interest in the proposed subdivision;

B.

These departments or agencies shall submit their written reports, corrections, and recommendations within the time specified by the Planning Bureau. Such time limit shall not be more than fifteen (15) working days from the date of the transmittal letter.

(ORD-23-0051 § 1(Exh. A), 2023)

20.18.040 - Concurrent processing with other ministerial permits.

A.

No development, including but not limited to grading or vegetation removal, shall commence on any lot, prior to, concurrent, or subsequent to an urban lot split, unless a valid building permit has been issued for the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit;

B.

A building permit shall not be issued for development on a parcel where an urban lot split is proposed, until the urban lot split is accepted and the map is recorded by the County of Los Angeles, unless the proposed project would conform to the Subdivision Ordinance and the City's policies and ordinances implementing Cal. Gov't Code Sections 65852.2, 65852.21, and 65852.22 without recordation of the urban lot split.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

An urban lot split shall be prepared by a qualified California registered civil engineer or a California licensed surveyor in accordance with the Subdivision Regulations and the Subdivision Map Act. Civil engineers with licenses prior to January 1, 1982 (with a license number before 33966) are authorized to practice all land surveying and engineering surveying.

(ORD-23-0051 § 1(Exh. A), 2023)

20.18.060 - Coastal zone.

A.

An application for an urban lot split in the coastal zone shall be processed in conformance with Section 21.25.902 of the Long Beach Municipal Code, subject to separate fees established by City Council resolution;

B.

The proposed subdivision shall be consistent with the policies of the City's certified Local Coastal Program and the Coastal Act;

C.

A parcel map shall not be submitted for processing or approval from the Department of Public Works until procedures outlined in Division IX of Chapter 21.25 of the Long Beach Municipal Code has been completed.

(ORD-23-0051 § 1(Exh. A), 2023)

The proposed subdivision shall conform to the following standards:

A.

An urban lot split shall be prepared in accordance with requirements set forth in Section 20.12.030 of the Subdivision Regulations, Cal. Gov't Code Sections 66410 et. Seq., 66444—66450 and the applicable sections of this Chapter;

B.

An urban lot split shall not be approved except in conjunction with a concurrently submitted application for building permits for a two (2) unit residential development pursuant to Cal. Gov't Code Section 65852.21 and subject to the provisions of Chapter 21.31 and Section 20.18.040 as applicable;

C.

Development on the resulting parcels shall be limited to the residential development approved in the concurrently submitted building permit applications;

D.

The parcel shall be located entirely within a Single-Family (R-1) Zoning District;

E.

The site shall not be located within a City Historic District, on a designated Historic Landmark property, or included on the State Historic Resources Inventory;

F.

The urban lot split will subdivide an existing parcel to create no more than two (2) new parcels;

G.

The parcel proposed for subdivision shall not result in more than two (2) dwelling units of any type per parcel involved in an urban lot split, including principal dwelling units, ADUs and JADUs, and residential development permitted by Cal. Gov't Code Section 65852.21;

H.

One (1) principal unit is required per parcel;

I.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner shall have previously subdivided an adjacent parcel under the provisions of this Chapter or Cal. Gov't Code Section 66411.7. Adjacent means situated near or close by. Adjacent includes real property across alleys, streets, public waterways or other public property;

J.

The parcel proposed for subdivision shall not have been established through a prior exercise of an urban lot split as provided for by this Chapter or Cal. Gov't Code section 66411.7;

K.

The land uses proposed for the parcels created by the urban lot split shall be residential uses only (no mixed-use or commercial or other non-residential uses);

L.

Rental terms of any unit created by the subdivision shall not be less than thirty (30) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one (1) thirty (30) day period occupancy by the same tenant;

M.

If the parcel is within the Coastal Zone, the appropriate Coastal approval shall be obtained as required by Section 20.18.060, Division IX of Chapter 21.25, and the Coastal Act prior to approval and recordation of the final parcel map;

N.

The owner shall not have withdrawn rent or price-controlled accommodations from rent or lease on this parcel within fifteen (15) years prior to the date of application for the proposed project;

O.

The proposed housing development shall not require the demolition or alteration (defined as demolition or alteration of more than 25% of the existing exterior walls) 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 public agency rent or price control.

3.

Housing that has been occupied by a tenant in the last three years.

(ORD-23-0051 § 1(Exh. A), 2023)

A proposed urban lot split subdivision shall not be approved if any of the following apply:

A.

The site is located within wetlands, as defined in US Fish and Wildlife Service Manual, Part 660, PW 2 (June 21, 1993);

B.

The site is located on a hazardous waste site that is listed per Cal. Gov't Code section 65962.5 or designated by Cal. Health & Safety Code section 25356;

C.

The site is located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law;

D.

Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Cal. Gov't Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact;

E.

The site is located within a special flood hazard area for the 100-year flood (any Zone A or Zone V), unless one of the two below conditions is satisfied:

1.

The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or;

2.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

F.

The site is located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the

development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations;

G.

The site is located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan;

H.

The site is located within habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code);

I.

The site is located on lands under conservation easement;

J.

The proposed housing development would result in fewer dwelling units than would otherwise be allowed on the site by the General Plan Land Use Element, in accordance with the State's No Net Loss requirements.

(ORD-23-0051 § 1(Exh. A), 2023)

An urban lot split shall be prepared in accordance with requirements set forth in Chapter 20.12 of the Long Beach Municipal Code, Cal. Gov't Code Sections 66410 et. Seq., 66444- 66450, and this Chapter. The map shall contain the following supplemental information to establish compliance with the construction plans and all provisions of this Code and applicable State law:

A.

Preliminary title report of the property and shall be no more than ninety (90) days old from the time of application submittal;

B.

The size of each sheet shall be 18 by 26 inches or 460 by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or 025 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish

this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown:

1.

The County subdivision map number. Such number must be obtained from the Los Angeles County Engineer.

2.

The boundaries of the subdivision, defined by legal description, with sufficient information to locate the property and to determine its position with respect to adjacent named or numbered subdivisions, if any. The boundary shall be based upon a field survey. Record data parcel maps are prohibited.

3.

Total area (in acreage and square feet) of each proposed lot.

4.

The directions of flow of all watercourses and flood-hazard control areas within and adjacent to the property involved per Federal Emergency Management Agency (FEMA) Flood Insurance Rate (FIRM) maps, and the proposed method of providing storm water, drainage, and erosion control.

5.

A mapping of the flood zones from the current FEMA for tidal and fluvial flooding including the following:

a.

Projected sea level rise and storm flooding for the life of the project based upon the most current sciencebased projection of sea level rise including a one hundred (100) year storm and wave run up.

b.

Projected coastal erosion based upon a detailed assessment of site geology, sea level rise, and waves.

c.

Projections of flooding shall be based on site and/or near shore bathymetry.

6.

The location and extent of any known jurisdictional wetland areas or other sensitive habitat areas such as rare and endangered plant species or riparian vegetation;

7.

The location of the site's scenic landscape features and scenic corridors, shorelines, ridgelines, and skylines, as defined in the City's General Plan, Local Coastal Program, and State law, and an assessment of the visibility of any future development from or within scenic corridors;

Legal description of the parcel;

9.

Lot width of each proposed lot;

10.

Public right-of-way frontage of each proposed lot;

11.

Curve radii as applicable;

12.

Location and dimensions of existing established and proposed property lines. The existing property lines shall be based upon found monuments;

13.

Zoning District;

General Plan Land Use Placetype;

15.

The location and use of all existing and proposed structures;

16.

The Basis of Bearings shall be based on the California Coordinate System. Mapping shall comply with the California Public Resource Code;

17.

All required zoning setbacks for the existing and proposed lots;

18.

The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;

19.

The location of all proposed new water, gas, sewer, storm drain, lines, pipes, or systems;

The location of any proposed and/or existing easement, including but not limited to, access or public utilities to serve a lot created by the subdivision;

21.

The location and species name of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;

22.

Existing and proposed topographic information shall be provided and shall be tied to the City's datum. Contour lines shall have the following intervals:

a.

Two (2) foot contour interval for ground slope between ground level and ten (10) percent; and

b.

Five (5) foot contour interval for ground slope exceeding ten (10) percent.

23.

Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys and private alleys adjoining the parcel;

24.

Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;

25.

Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);

26.

Location of existing or proposed vehicular access to the public right-of-way;

27.

Location of existing or proposed pedestrian pathway access to the public right-of-way; and

28.

If in the Coastal Zone, location of environmentally sensitive areas, coastal waterways, public parkland, or a coastal bluff edge under penalty of perjury under the laws of California, that:

a.

The urban lot split shall contain a declaration that:

i.

Each lot created by the urban lot split shall be used solely for residential dwellings;

ii.

That no more than two residential dwelling units may be permitted on each lot. As used in this Subsection residential dwelling unit includes a unit created pursuant to Cal. Gov't Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Cal. Gov't Code Section 65852.2, or a junior accessory dwelling unit as defined in Cal. Gov't Code Section 65852.22.

iii.

That rental of any dwelling unit on a lot created by the urban lot split shall not be less than 30 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 30-day period occupancy by the same tenant.

(ORD-23-0051 § 1(Exh. A), 2023)

The proposed subdivision shall conform to the following requirements:

A.

The two (2) new parcels shall be of approximately equal lot area;

B.

One (1) parcel shall not be smaller than forty (40) percent of the lot area of the original parcel;

C.

Both newly created parcels shall be no smaller than 1,200 square-feet each;

D.

All easements required for the provision of public services and facilities shall be provided to the satisfaction of the Director of Public Works;

E.

Each parcel shall be served by a separate water service meter, a separate sewer connection, and gas connection if required;

F.

Each parcel shall drain to the street or to a developed drainage easement;

G.

Both newly created parcels shall conform to the minimum lot width requirements in Chapter 21.31 and Chapter 20.08 of the Long Beach Municipal Code. Lot width exceptions shall meet the requirements set

forth in Section 20.08.020;

H.

Lot width means the horizontal distance between the midpoints of the side lot lines, measured at right angles to the line measuring lot depth;

I.

Each of the proposed parcels shall have public right-of-way frontage (public street or alley) abutting the original parcel;

J.

A flag lot, or a lot with a narrow projecting strip of land extending to or along a public right-of-way frontage, shall not be permitted;

K.

Lot depth shall be measured at average distance between the front and rear lot line of the newly created lot;

L.

Only within the Coastal Zone, rights-of-way as required for access along all natural and man-made watercourses and bodies of water that includes the beach, bay, and tidelands as necessary for flood control, maintenance, and improvement shall be dedicated to the satisfaction of the Director of Public Works;

M.

New lot lines shall be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may be not be straight but shall follow the appropriate natural course;

N.

Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets;

O.

Lot lines shall be contiguous with existing zoning boundaries;

P.

The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Zoning Ordinance;

Q.

Lot lines shall not render an existing structure as nonconforming in any respect (e.g. setbacks, open yard, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

An approved urban lot split shall expire thirty-six (36) months after its approval, except when a time extension has been granted by the Zoning Administrator or meets the terms allowed by Cal. Gov't Code Section 66452.6.

(ORD-23-0051 § 1(Exh. A), 2023)

20.18.130 - Revisions and amendments of an urban lot split.

A.

Where an applicant desires to revise or amend an approved urban lot split map, the applicant may file a revised urban lot split map, prior to the expiration of the approved urban lot split map. A revised urban lot split map shall be subject to additional fees in an amount established by City Council resolution;

B.

Revisions and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Subdivision Map Act;

C.

Failure to record a final map before the urban lot split expires shall cause the urban lot split parcel map approval to become null and void with no further action required on the part of the City. Any pending building permit application that proposes more than two (2) principal structures on the original parcel shall become null and void with no further action required on the part of the City, unless the applicant revises the permit application to comply with the Zoning Regulations and the requirements in Cal. Gov't Code Sections 66444—66450;

D.

Once an urban lot split has expired, no further subdivision action shall take place until a new tentative map is approved.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

The applicant shall apply for a parcel map with the Department of Public Works prior to approval and recordation of the urban lot split;

B.

Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant on each property title in the form prescribed by the City of Long Beach City Attorney which shall run with the land and provide the following:

1.

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this Chapter; and

2.

A prohibition on the conversion of nonresidential uses of any units developed or constructed on either resulting parcel, and a prohibition against renting or leasing the units for fewer than thirty (30) consecutive calendar days.

C.

The urban lot split shall be subject to the map provisions in Chapter 20.16.

D.

An urban lot split in the Coastal Zone shall complete the requirements set forth in Section 20.18.060.

E.

Upon the approval of the parcel map, the applicant or the property owner shall submit the map to the County Recorder for recordation. The map shall be accepted and recorded by the County prior to issuance of any building permits by the City, except as otherwise provided by this Chapter.

(ORD-23-0051 § 1(Exh. A), 2023)

Any applicant with the owner's consent or record owner of the subject property may withdraw an urban lot split parcel map at any time prior to the recordation of the urban lot split. Notice of withdrawal shall be provided to the Zoning Administrator in writing. Upon receipt of such notice, the urban lot split shall be considered officially withdrawn, with no further action required on the part of the City. Any building permit application that proposes more than two (2) principal structures on the original parcel shall be null and void with no further action on the part of the City, or such permit(s) may be revised by the applicant to comply with the Zoning Regulations and requirements in Cal. Gov't Code Sections 66444—66450.

(ORD-23-0051 § 1(Exh. A), 2023)

CHAPTER 20.20 - LOT LINE ADJUSTMENT