Chapter 20.28 — ILLEGAL LOTS AND CERTIFICATES OF COMPLIANCE

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:

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

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:

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

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;

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;

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

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

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)

When an illegal lot is eligible for a certificate of compliance but the design or improvement does not comply with the provisions of these regulations or other local ordinances, the City may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

(ORD-23-0051 § 1(Exh. A), 2023)

When an illegal lot is substandard in size or has limited access, a deed restriction shall be recorded to restrict the type of land use and its density.

(ORD-23-0051 § 1(Exh. A), 2023)

For illegal lots created prior to April 4, 1975, no building permit shall be issued for the property until the current property owner:

A.

Provides a separate sewer connection to the public sewer or obtains necessary easements to the satisfaction of the Director of Public Works;

B.

Eliminates all cross-lot drainage and cross-lot conveyance of gas and water service laterals, or obtains necessary easements to the satisfaction of the Director of Public Works; and

C.

Agrees to repair all damaged off-site improvements including curb, gutter, sidewalk, and alley adjoining the site to the satisfaction of the Director of Public Works.

The owner shall furnish a copy of the above conditions and requirements to the prospective buyer prior to the close of any escrow involving the sale or lease of condominium or other common interest units on the

parcel.

(ORD-23-0051 § 1(Exh. A), 2023)

The request shall be made in writing on a form provided by the Community Development Department along with the following data:

A.

A title report containing a legal description of the property, a chain of title, and easement information;

B.

A plot plan legibly drawn to scale to show dimensions of the property, locations of existing and including, but not limited to, proposed buildings, setbacks of all existing and proposed buildings to property lines, pedestrian and vehicular access points, locations of utility lines and easements, and other information to determine compliance with established standards in Section 20.24.010; and

C.

A document verifying that the division was lawfully created prior to April 4, 1975.

(ORD-23-0051 § 1(Exh. A), 2023)

Where the request complies with the provisions of this Section, a certificate of compliance, or a conditional certificate of compliance, shall be issued by the Community Development Department.

(ORD-23-0051 § 1(Exh. A), 2023)

Following issuance of the certificate of compliance, the Community Development Department shall record the certificate with the County Recorder.

(ORD-23-0051 § 1(Exh. A), 2023)

After issuance of a certificate of compliance, the Community Development Department shall transmit a copy of such certificate to the Director of Public Works and this new recorded lot or division shall be shown on the official maps of the City of Long Beach.

(ORD-23-0051 § 1(Exh. A), 2023)

A certificate of compliance shall be issued and recorded for any illegal lot created after April 4, 1975 if the filing of a (final) parcel map for such lot is waived or a lot line adjustment for the lot is approved by the Zoning Administrator.

(ORD-23-0051 § 1(Exh. A), 2023)