Chapter 20.22 — VOLUNTARY LOT MERGERS

Voluntary lot mergers also known as lot combinations involve the elimination of lot lines through the combination of two or more contiguous lots into a single parcel. They are typically pursued with development projects to comply with Zoning and Building Codes with the creation of new buildings that cross existing lot lines.

(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)

Two (2) or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land, or these regulations enacted pursuant thereto, shall not merge by virtue of the fact that such contiguous parcels for units are held by the same owner; and no further proceeding under the provisions of the Subdivision Map Act or these regulations shall be required for the purpose of sale, lease, or financing of such contiguous parcels or units or any of them, except as specified in this Chapter.

On and after January 1, 1984, parcels may be merged only in accordance with the authority and procedures prescribed in this ordinance. This exclusive authority does not, however, abrogate or limit the authority of a local agency or a subdivider with respect to the following procedures:

1.

Lot line adjustments.

2.

Amendment or correction of a final or parcel map.

3.

Reversions to acreage.

4.

Exclusions.

Tentative, parcel, or final maps which create fewer parcels.

The City may require merger of a parcel or unit with a contiguous parcel or unit held by the same owner, if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance to the parcels or units of land, and if all of the following requirements are satisfied:

A.

At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

B.

With respect to any affected parcel, one or more of the following conditions exists:

1.

Comprises less than 5,000 square feet in area at the time of the determination of merger.

2.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

3.

Does not meet current standards for sewage disposal and domestic water supply.

4.

Does not meet slope stability standards.

5.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

6.

Its development would create health or safety hazards.

7.

Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

C.

This subdivision shall not apply if one of the following conditions exists:

1.

On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

2.

On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201.

3.

On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

4.

On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.

5.

Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (i) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (ii) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based.

For purposes of paragraphs 3 and 4 above, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity, minimum lot size or density standards.

(ORD-23-0051 § 1(Exh. A), 2023)

The applicant shall submit an application to the Community Development Department 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 of parcel(s). Each parcel proposed for merger shall be described separately.

D.

Site plan or map 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)

20.22.030 - Lot merger plat map requirements.

A lot merger plat shall be drawn to a scale of sufficient size to show full detail, on a minimum sheet size of 8½" x 11", and include the following information:

A.

Boundary information necessary to determine the lot merger. A field survey shall be necessary. After a field survey is performed, traverse calculations, monument notes and boundary establishment explanations must be included. The site plan shall be consistent with the current California Building Code Section 107.2.5 stating a site plan shall have an accurate boundary. A record of survey may be required in accordance with Business and Professions Code section 8762.

B.

Basis of Bearing statement that includes the bearing of a line shown on the plat.

C.

Written legal description of existing and proposed parcel with wet signature and seal of Licensed Land Surveyor (L.S.) or qualified Registered Civil Engineer (R.C.E.).

D.

Engineer's or Surveyor's certificate with seal, address and telephone number, registration or license number of engineer or surveyor who prepared the map.

E.

Title "LOT MERGER NO. _______."

F.

Vicinity Map with north arrow and scale indicated.

G.

Name, address, telephone number, email address and notarized wet signature of property owner(s).

H.

Plat plan with north arrow and scale.

I.

Location, width, names, and purpose of all existing and proposed easements for utilities, drainage and other public purposes, shown by dashed lines, within and adjacent to the subdivision; all existing and proposed utilities including size of gas and water lines and the size and grade of sewer lines, location of manholes, valve lids, fire hydrants, street trees, and streetlights.

J.

Names of the owners and the Assessor numbers of properties adjacent to the parcels involved.

K.

Distinct line type indicating existing boundary and property line(s) to be eliminated as a dashed line with dimensions and keyed to a legend.

L.

Proposed boundary to be shown as a solid line.

M.

The net or total area of the proposed lot(s) and the area of each existing lot.

N.

The dimension of each boundary of each proposed lot.

O.

The location of all existing buildings and structures and their uses, the distance between said buildings and structures, displayed or labeled to one hundredth of a foot, and the minimum distance between each building or structure and the established boundary of the proposed lot on which it is located.

P.

Location of all railroads, drainage courses, all natural or man-made obstacles, and an indication of any physical restrictions or conditions in the subdivision which affect the use of the property.

Q.

A statement of the existing zoning and the proposed use of each lot.

R.

As determined necessary by the Planning Department, dimensions of existing buildings or structures, natural or man-made features and perpendicular distances to the property lines for the purpose of identifying encroachments or indicating setbacks. Such features may include curb cuts, driveways, sidewalks, fences, walls, utility poles, vaults, meters, surface drainage, etc.

S.

A legend that defines line types and symbology.

T.

Utilize legible fonts no smaller than one-tenth of an inch in size.

U.

The legal description shall be entitled "EXHIBIT A" "LEGAL DESCRIPTION" and shall be displayed in a bold font no less than three tenths of an inch in size at the top center of the page.

V.

The plat shall be entitled "EXHIBIT B" "PLAT" and shall be displayed in a bold font no less than three-tenths of an inch in size at the top center of the page.

W.

Show the proposed boundary as a heavy solid line with dimensions.

X.

Indicate the tract lot and block numbers, underlying deed recording information, and the assessor's parcel numbers of properties adjacent to the parcels involved.

Y.

Topographic information with a reference to the source of the information.

(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. A parcel map will be required when merging five or more lots or parcels. An applicant may file for a waiver of the tentative parcel map.

(ORD-23-0051 § 1(Exh. A), 2023)

20.22.040 - Required Findings.

The Community Development Director or stipulated designee shall approve a voluntary if all the following findings can be made:

A.

The combined lots do not create inconsistencies with the Zoning regulations, Building Code, and the General Plan.

B.

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.

C.

Individual water and service laterals, sewer connections in accordance with Long Beach Water's Rules and Regulations, gas, and other utilities are available to the combined lot, or necessary easements are provided to the satisfaction of the Director of Public Works.

D.

All drainage across the adjusted lot line shall be eliminated or necessary easements are provided to the satisfaction of the Director of Public Works.

(ORD-23-0051 § 1(Exh. A), 2023)

The Community Development Director or stipulated designee shall act to approve or disapprove the voluntary lot merger and shall limit review and approval to a determination of whether or not the lot resulting from the merger will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. The Director shall not impose conditions or exactions on its approval of the voluntary merger except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a voluntary lot merger. A local agency shall approve or disapprove a voluntary lot merger pursuant to the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1).

(ORD-23-0051 § 1(Exh. A), 2023)

An approved voluntary 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)

The Community Development Director shall forward the Notice of Merger to the County Recorder. The applicant may record a record of survey or parcel map to finalize the voluntary lot merger at their own discretion if Business and Professions Code section 8762 is not applicable.

(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 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)

The Zoning Administrator may find that a lot tie covenant in lieu of a lot merger is a sufficient legal instrument for combining lots for project(s) that:

A.

Propose one hundred percent (100%) affordable units; or

B.

City affiliated projects.

(ORD-23-0051 § 1(Exh. A), 2023)

CHAPTER 20.24 - CITY-INITIATED LOT MERGERS