§ 20.36

The official body or designated official having the authority by local ordinance to approve, conditionally approve, or disapprove tentative maps and other subdivision related proceedings. Depending on the type of map or related subdivision request, this includes the Community Development Director, the Director of Public Works, the Zoning Administrator, the Planning Commission, and the City Council.

(ORD-23-0051 § 1(Exh. A), 2023)

"Airspace subdivision" is a three-dimensional subdivision of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied by a building or portion thereof. Airspace subdivisions divide property ownership into three-dimensional spaces, often stacked upon one another. An airspace subdivision differs from a common interest subdivision development in that the owners of the airspace lots are not required to share interest in a common area within the map boundaries.

(ORD-23-0051 § 1(Exh. A), 2023)

A certificate prepared and recorded by the City which indicates that the division of certain real property complies with applicable provisions of the Subdivision Regulations and the Subdivision Map Act in cases where there is no adequate public record that a parcel of land was legally created. A recorded certificate of compliance completes the public record that the parcel is recognized as a separate legal parcel.

(ORD-23-0051 § 1(Exh. A), 2023)

"Common interest subdivision" includes subdivided land which includes a separate interest in real property combined with an interest in common with others. Common interest subdivisions include community apartments, condominium projects, planned developments and stock cooperatives consistent with the Davis-Stirling Common Interest Development Act.

(ORD-23-0051 § 1(Exh. A), 2023)

A community apartment is a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located therein as defined in Section 4104 of the California Civil Code and referenced in Section 11004 of the California Business and Professions Code.

(ORD-23-0051 § 1(Exh. A), 2023)

An estate in real property consisting of an undivided interest in common in a portion of a real property together with a separate interest in airspace in a residential, industrial, or commercial building on such real property. A condominium, may include, in addition, a separate interest in other portions of such real property as defined in Section 4125 of the California Civil Code.

(ORD-23-0051 § 1(Exh. A), 2023)

A description of a survey map of a condominium project which refers to monumentation of the ground. A condominium plan is also a three-dimensional description of a condominium project, one or more dimensions of which may extended for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest.

Conversion Definitions (terms used in Chapter 20.32).

A.

"Conversion project, residential unit use to residential unit use" means an existing multi-family residential rental property used exclusively for residential purposes, proposed for conversion to a residential condominium, residential stock cooperative, or community apartment project to be used exclusively for residential purposes, through recordation of a tract or parcel map.

B.

"Conversion project, commercial/industrial use to commercial/industrial use" means an existing commercial or industrial property used exclusively for commercial purposes or for manufacturing or other industrial activities, proposed for conversion to a condominium or stock cooperative which is to be used exclusively for commercial or industrial purposes through recordation of a tract or parcel map.

C.

"Conversion project, residential unit use to commercial/industrial use" means an existing multi-family residential rental property used exclusively for residential purposes, proposed for conversion to a condominium or stock cooperative, other than a residential condominium or residential stock cooperative, which is to be used exclusively for commercial or industrial purposes, through recordation of a tract or parcel map.

D.

"Conversion project, commercial/industrial use to residential unit use" means an existing commercial or industrial property used exclusively for commercial purposes or for manufacturing or other industrial activity, proposed for conversion to a residential condominium, residential stock cooperative or community apartment to be used exclusively for residential purposes through recordation of a tract or parcel map.

E.

"Existing building" means a building that a certificate of occupancy has been issued prior to filing of a tentative map.

F.

"Median rent" means that rent or one-forty-eighth of median income as established by the United States Department of Housing and Urban Development or as recognized by the California Department of Housing and Community Development for the statistical unit for which Long Beach is a part for the most recent time period available.

G.

"Multi-family" means any building or complex of buildings containing two (2) or more dwelling units.

H.

"Owner" means the owner of any rental project and any person or persons acting in behalf of and with the consent of the owner.

I.

"Project" means the building or building complex being converted.

J.

"Tenant" means a person or family occupying a dwelling unit; or a person(s) or a firm operating commercial or industrial activities with the permission of the property owner (or a manager authorized to grant permission to occupy a rental property) by a rental or lease agreement.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.050 - Contiguous parcels.

Contiguous parcels refer to a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land. If lots are part of a subdivision, they are considered contiguous even if separated by roads, streets, utility easements, or railroad rights-of-way.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.055 - Covenants, Conditions & Restrictions (CC&Rs).

"Covenants, Conditions & Restrictions (CC&Rs)" is a legal document that is filed with the County ClerkRecorder and made an official part of the real estate records that run with the land. The CC&Rs provide the power and legal authority to form a homeowner's association and administer and enforce rules on a group of homes or condominium complex. When living in a home or condominium that is restricted by CC&Rs, an owner agrees to certain additional restrictions to be part of a shared community. For example, most homeowner associations have smoking restrictions, parking and noise level rules, aesthetic guidelines, and development restrictions on changes to units.

(ORD-23-0051 § 1(Exh. A), 2023)

"Dedication" is a transfer of land by its owner to public ownership, to be used for public purpose.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.065 - Drainage facility.

"Drainage facility" means any device or structure which may be used to control the flow of water, including but not limited to, pipes, ditches, berms, channels, gutters, curbs, walls, pavement, and appurtenant safety devices.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.070 - Environmental clearance.

An environmental review procedure processed in accordance with the applicable guidelines and procedures pursuant to the California Environmental Quality Act.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.075 - Parcel map.

A parcel map involving a subdivision of four (4) or fewer parcels is the recording instrument for all subdivisions for which a (tentative) parcel map is required unless waived as provided in these subdivision regulations. Certain project types listed in Section 20.06.020 A. may be processed with a tentative and parcel map rather than a final/tract map regardless of the number of lots proposed.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.080 - Final tract map.

A final tract map is the recording instrument for a tract map involving a subdivision of five (5) or more lots, or five (5) or more condominium, community apartment, to stock cooperative units, prepared pursuant to these regulations and applicable provisions of the Subdivision Map Act for recordation in the office of the County Recorder.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.085 - Flag lot.

"Flag lot" means a lot predominantly situated behind another lot and having access to a street by means of a narrow portion of the flag lot extending out to the street. Flag lots have a general configuration in the shape of an "L".

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.090 - Freeway regional corridor.

Regional corridors emphasize traffic movement and are designed for intraregional and intercommunity mobility with limited access points. These linkages are designed to serve multiple types of modes of transportation and discourage on-street parking. A divided highway for through traffic with full control of access and with grade separations at intersections and declared to be such in compliance with the California Streets and Highways Code.

(ORD-23-0051 § 1(Exh. A), 2023)

A street lying adjacent and approximately parallel to and separated from a freeway or regional corridor and which affords direct access to abutting properties.

(ORD-23-0051 § 1(Exh. A), 2023)

A hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure, or shifting of earth.

(ORD-23-0051 § 1(Exh. A), 2023)

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.

(ORD-23-0051 § 1(Exh. A), 2023)

A land surveyor is any person who is authorized to practice land surveying and is licensed by the State of California.

(ORD-23-0051 § 1(Exh. A), 2023)

The right to occupy and use a building or portion of a building for a designated term. It often contains a right to use common parking or other facilities on the same or adjacent parcels.

(ORD-23-0051 § 1(Exh. A), 2023)

The right to occupy and use a parcel of land, or a portion thereof, with or without a building or buildings on it for a designated term. It usually contains all parking and other facilities within the lease area. A division of land for purposes of leasing is a subdivision as defined in these regulations.

(ORD-23-0051 § 1(Exh. A), 2023)

A form of stock cooperative where the ownership corporation is a nonprofit corporation established with state or federal financial assistance as defined in Section 1103.4 of the California Business and Professions Code, and also meets the criteria of Section 11003.2 and Sections 817 and 817.1 of the Civil Code, as applicable.

(ORD-23-0051 § 1(Exh. A), 2023)

A parcel of land, the boundaries of which have been established in conformance with the State Subdivision Map Act and these regulations, and is identified on a recorded parcel map or final/tract map, a record of survey in accordance with the applicable laws, or a certificate of compliance approved by the City and recorded with the Los Angeles County Recorder.

(ORD-23-0051 § 1(Exh. A), 2023)

"Lot area" means the total horizontal area within the lot lines of a lot typically expressed in square feet or acres. Land area displayed in acreage shall be shown to three decimal places.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.145 - Lot area, net.

Net area is the total area within the property lines of the development site, excluding the following:

Street rights-of-way;

Easements for flood control;

3.

Water areas such as Alamitos Bay or Los Cerritos Channel.

(ORD-23-0051 § 1(Exh. A), 2023)

An adjustment of the boundary between four (4) or fewer adjacent legal lots where the land taken from one (1) lot is added to an adjacent lot, and where a greater number of lots than originally existed is not thereby created.

Multiple lot line adjustments submitted sequentially or concurrently, when five or more parcels exist, circumventing the Subdivision Map Act will not be allowed. A subdivision map will be required in these instances.

(ORD-23-0051 § 1(Exh. A), 2023)

In accordance with Subdivision Map Act Section 66499.20.3, the consolidation of two (2) or more contiguous recorded lots into a single parcel.

Multiple mergers submitted sequentially or concurrently, when five or more parcels exist, circumventing the Subdivision Map Act will not be allowed. A subdivision map will be required in these instances.

(ORD-23-0051 § 1(Exh. A), 2023)

A residential unit erected in a proposed project which is temporarily used as a sales office and example of housing floor plan finishes.

(ORD-23-0051 § 1(Exh. A), 2023)

"Monument," sometimes referred to as "survey monument," is a durable, permanent marker set by a land surveyor to mark or reference a point on a property or land line which is permanently marked or tagged with the certificate number of the land surveyor setting it.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.175 - Owner.

Any person, persons, corporation or other legal entity who is the owner of record with the Los Angeles County Recorder's office. Also any person or persons acting with the authorization of the owner on behalf of the owner.

(ORD-23-0051 § 1(Exh. A), 2023)

20.36.180 - Own your own.

"Own your own" colloquial form of common interest (see Section 20.36.030).

(ORD-23-0051 § 1(Exh. A), 2023)