§ 20.24

The City has a procedure for requiring lot mergers in cases where adjacent properties under common ownership could be merged to better comply with established minimum lot dimensions and areas and be more compatible with surrounding development. Voluntary mergers typically pursued to accommodate new development projects are processed in the same manner as lot line adjustments and are described in Section 20.22. City-initiated mergers require a public hearing before the Zoning Administrator, while voluntary lot line adjustments are ministerial and do not require a public hearing.

(ORD-23-0051 § 1(Exh. A), 2023)

A lot merger shall be prepared by a qualified California civil engineer or a California licensed surveyor in accordance with these regulations. 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)

Refer to Section 20.22.020 for this provisions.

(ORD-23-0051 § 1(Exh. A), 2023)

The applicant shall submit an application to the Community Development Department Services Planning Bureau with the following statement and exhibits:

A.

One copy of a preliminary title report providing the legal description of the properties included in the application dated not more than three (3) months prior to submittal of the application.

B.

Signatures of all record owners included in the application.

C.

Legal description, Exhibit A, and a plat, Exhibit B, of parcel(s). Each parcel proposed for merger shall be described separately.

D.

Site plan legibly drawn to a scale of sufficient size to show full detail, including the information set forth in Section 20.24.030.

(ORD-23-0051 § 1(Exh. A), 2023)

20.24.030 - Lot merger plat map requirements.

Refer to Section 20.22.030 for plat map requirements.

(ORD-23-0051 § 1(Exh. A), 2023)

The subdivider shall file copies of drawings, statements, and other data with the Community Development Department as applicable to the proposed lot merger, including, but not limited to the following:

A.

Easement documents (if any) and reference maps. Applicant(s) must also submit proof that each affected lot was created legally.

The following are legal lots:

1.

Lots created by Parcel Map or Tract Map.

2.

Lots created or intended to be created by metes and bounds or exception clause(s) prior to March 4, 1972.

3.

Lots created by records of survey recorded prior to April 4, 1952.

B.

A Certificate of Compliance or a Parcel Map will be required if any of the affected lots do not meet the above criteria.

(ORD-23-0051 § 1(Exh. A), 2023)

Lot mergers shall be required if the Zoning Administrator, at a public hearing, makes any of the following findings:

A.

Any of the contiguous parcels or units held by the same owner do not conform to the minimum size standards as required by the zoning regulations, and at least one (1) of such contiguous parcels is not developed with a separate building for which a permit has been issued by the City; or

B.

A single project is developed on contiguous lots in such a manner that one (1) or more of these recorded lots could be sold separately from this project but will result in reduction of required parking, setbacks, open spaces, or violation of other development standards as specified in the current zoning regulations.

C.

That the design of the lot merger or the type of improvements is consistent with the Local Coastal Plan (LCP) as it considers projected sea level rise, slope stability, hazards, and potential storm flooding for the life on the project based on available FEMA information.

D.

Lot mergers cannot exceed five or more parcels or lots. Multiple lot mergers to consolidate five or more parcels is not permitted and a parcel map shall be required. The tentative parcel map may be waived. Parcel maps shall be based upon a field survey. Record data parcel maps are not permitted.

(ORD-23-0051 § 1(Exh. A), 2023)

A lot merger may be initiated by the record owner of the lots to be merged or by the Community Development Director.

(ORD-23-0051 § 1(Exh. A), 2023)

The owner(s) of the property to be affected by the merger shall be notified in writing by certified mail and given the opportunity to submit evidence that the property does not meet the criteria to require a merger. Such notice shall specify the date, time, and place when the Zoning Administrator will hold a public hearing on the matter.

(ORD-23-0051 § 1(Exh. A), 2023)

At the conclusion of the hearing, the Zoning Administrator shall require that a lot merger be filed if any of the findings as stated in Section 20.24.030 is made. The Zoning Administrator's decision shall be transmitted to the affected property owners.

(ORD-23-0051 § 1(Exh. A), 2023)

20.24.060 - Recording.

Upon a determination that there has been a lot merger, the Community Development Director shall file a notice of lot merger and a Certificate of Compliance for record with the County Recorder, specifying the names of the record owners and particularly describing the real property involved. A copy of said notice shall be sent to the Director of Public Works for recordation on the official maps of the City.

(ORD-23-0051 § 1(Exh. A), 2023)

Upon recording the deeds reflecting the modified lot lines in a Lot Merger, the applicant shall place tagged, durable monuments at all remaining lot corners in accordance with Sections 8771 and 8772 of the California Business and Professions Code and shall file a Parcel Map or Record of Survey in accordance with Section 8762 of the California Business and Professions Code. See Section 20.08.165 for Monument Standards.

(ORD-23-0051 § 1(Exh. A), 2023)

An approved City initiated lot merger shall expire thirty-six (36) months after its approval if it has not been recorded, except when a time extension has been granted by the Community Development Director or stipulated designee.

(ORD-23-0051 § 1(Exh. A), 2023)

CHAPTER 20.28 - ILLEGAL LOTS AND CERTIFICATES OF COMPLIANCE

20.28.010 - Applicability and criteria for approval.

A.

Applicability. Illegal lots refer to remnant parcels that were not originally created legally through a recorded map procedure consistent with the State of California Subdivision Map Act and applicable City Subdivision Ordinance. These remnant parcels are often nonconforming in terms of meeting lot area and other dimensional requirements such as lot width and length.

B.

A certificate of compliance may be issued for illegal lots which meet any one of the following criteria:

1.

The lot division creating the illegal lot was done prior to April 4, 1975;

2.

The lot division creating the illegal lot after April 4, 1975, was the result of the Planning Commission waiver of parcel map; or

The lot division creating the illegal lot after April 4, 1975, was the result of a lot line adjustment approved by the Zoning Administrator.

C.

A certificate of compliance shall not be issued for any lot or parcel that does not meet the following standards:

1.

Has a legal vehicular and pedestrian access to a public or private street;

2.

The certification of an unrecorded lot line does not create a zoning violation for building setbacks, or a standards variance or modification permit for a lesser setback was approved;

3.

The lot or parcel has a minimum width of twenty-five feet (25'), and a contiguous parcel(s) is held by the same owner and one (1) of the parcels is vacant;

4.

The parcels have been developed to their full development potential under the existing zoning and used as one (1) parcel or lot;

5.

Has water or sewer services that meet the requirements of the Long Beach Water Department Rules and Regulations; and

6.

That issuance of the certificate of compliance is consistent with the Local Coastal Plan (LCP) as it considers projected sea level rise and potential storm flooding for the life on the project based on available FEMA information.

(ORD-23-0051 § 1(Exh. A), 2023)