Long Beach Municipal Code Ch. 20.36 Definitions

Footnotes:

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State Law reference— Statutory authority definitions contained in the Subdivision Map Act, Gov. Code § 66414.

A. Whenever any words or phrases used in these regulations are not defined in this Section but are defined elsewhere in the Subdivision Map Act or other regulation of the City, such definitions shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.

B. For purposes of these regulations, the following words and phrases shall be construed as defined in this Section.

(ORD-23-0051 § 1(Exh. A), 2023)

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)

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)

"Covenants, Conditions & Restrictions (CC&Rs)" is a legal document that is filed with the County Clerk-Recorder 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)

"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)

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)

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)

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)

"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)

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)

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

1. Street rights-of-way;

2. 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)

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)

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

(ORD-23-0051 § 1(Exh. A), 2023)

"Parcel" is created by a parcel map. A lot is created by a lot line adjustment or final/tract map. Lettered lots are for nonbuilding sites.

(ORD-23-0051 § 1(Exh. A), 2023)

A map showing a subdivision for which a tentative or final tract map is not required which is prepared in accordance with these regulations and with applicable provisions of the Subdivision Map Act, for recordation in the office of the County Recorder.

(ORD-23-0051 § 1(Exh. A), 2023)

"Plat map" is a document drawn to scale, prepared by a Licensed Surveyor of qualified Engineer, showing the divisions of a piece of land. The plat map is the graphical representation of the legal description. The plat map is recorded as an Exhibit B with the legal description, Exhibit A. The plat map gives the legal description of pieces of real property, lot, street, and block number. The map shows the land subdivided into lots showing the location and boundaries of individual parcels with the streets, alleys, easements. The plat map shall be based upon a field survey. Boundary location and determination is the practice of land surveying according to Section 8726 of the California Business and Professions Code and as such, plat maps must include the signature and seal of a licensed land surveyor pursuant to Section 8761(d) of the California Business and Professions Code. Boundaries shown on plat maps that are not previously shown on a subdivision map, record of survey or official map must have a record of survey filed pursuant to Section 8762 of the California Business and Professions Code.

Plat maps, as part of a conveyance document, must be accompanied by a written legal description. Plat maps will not be accepted for recordation without a legal description.

(ORD-23-0051 § 1(Exh. A), 2023)

"Planned development" means a real property development other than a community apartment project, a condominium project, or a stock cooperative where a separate interest is created in a lot, parcel, area, or space and may have the following features:

A. Common area that is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

B. Common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Civil Code Section 5650(a).

C. Planned development subdivisions often are developed in conjunction with a Planned Unit Zoning Process to tailor property development standards for the unique characteristics of the project (see Section 21.31.300 of the Zoning Regulations).

(ORD-23-0051 § 1(Exh. A), 2023)

"Public Resources" refers to the natural systems and features in the community that provide environmental benefits to residents. These natural systems and features include geographical, biological, geological, and other resources, and encompass elements including air and water quality, wildlife habitat, scenic and agricultural lands, watersheds, Native American scared lands, and historic features. It is the goal of the California Environmental Quality Act (CEQA) to evaluate the impacts of new projects on these public resources.

(ORD-23-0051 § 1(Exh. A), 2023)

A qualified subdivision map preparer is either a California registered civil engineer or a licensed land surveyor who is legally allowed to prepare subdivision related maps. 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)

A reservation is a portion of the acreage of a subdivision that is reserved for public use; not applicable to alley widening or widening of abutting streets which are not designated as highways.

(ORD-23-0051 § 1(Exh. A), 2023)

A tentative map showing a revised arrangement of the streets, alleys, easements or lots, or a modification of the boundary of the property for which a tentative map was previously approved by the City.

(ORD-23-0051 § 1(Exh. A), 2023)

"Right-of-way" means any easement or land owned by the City and used or designated for use as a street, parkway, alley, utility corridor, walkway, promenade, or bike path, and the surfaces thereof, and includes any right-of-way to be dedicated in the future.

(ORD-23-0051 § 1(Exh. A), 2023)

A paved surface or leveled area separated from the street and used as a pedestrian walkway. Public sidewalks are typically located along streets, within the right-of-way or easement, separated by a curb, planter, or both from the street, and designated for preferential use by pedestrians.

(ORD-23-0051 § 1(Exh. A), 2023)

Sequentially is defined as any readjustment or merger of a parcel which had been previously adjusted or merged in the past five years.

(ORD-23-0051 § 1(Exh. A), 2023)

An exhibit depicting the existing and proposed conditions of a property. 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. Boundary location and determination is the practice of land surveying according to Section 8726 of the California Business and Professions Code and as such, site plans must include the signature and seal of a licensed land surveyor pursuant to Section 8761(d) of the California Business and Professions Code. Boundaries shown on site plans that are not previously shown on a subdivision map, record of survey or official map must have a record of survey filed pursuant to Section 8762 of the California Business and Professions Code. Site plans shall include the information set forth in Section 20.24.030.

(ORD-23-0051 § 1(Exh. A), 2023)

An area having special flood, mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map (FHBM) or a Flood Insurance Rate Map.

(ORD-23-0051 § 1(Exh. A), 2023)

A stock cooperative is a corporation as defined in Section 11003.2 of the California Business and Professions Code formed or utilized primarily for the purpose of holding title to improve real property in which all or substantially all shareholders have a right of exclusive occupancy of a portion of the real property, which right is transferable only with the transfer of shares of stock in the corporation.

(ORD-23-0051 § 1(Exh. A), 2023)

"Street" means a way for vehicular traffic, whether designated as a street, highway, road, avenue, boulevard, lane, place, way, or other name. "Street" does not include a path or alley. Unless otherwise indicated, the term street shall refer to both public and private streets. Public streets are forms of right-of-way.

(ORD-23-0051 § 1(Exh. A), 2023)

A person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for the subdivider or for others.

(ORD-23-0051 § 1(Exh. A), 2023)

Any improved or unimproved real property, or any portion thereof, shown on the latest section map of the City of Long Beach as a unit or as contiguous units, which is divided into two (2) or more lots for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements, or railroad rights-of-way. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. Subdivision includes a condominium project, a community apartment project, or the conversion of five (5) or more existing dwelling units to a stock cooperative.

(ORD-23-0051 § 1(Exh. A), 2023)

The Subdivision Map Act of the State of California, Section 66410 et seq., Division 2 of Title 7 of the California Government Code or as hereafter amended.

(ORD-23-0051 § 1(Exh. A), 2023)

"Surveyor" is used synonymously with land surveyor.

(ORD-23-0051 § 1(Exh. A), 2023)

A map prepared in accordance with the provisions of these regulations and the applicable provisions of the Subdivision Map Act for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it. Such map need not be based on an accurate or detailed final survey of the property. A tentative map shall be required prior to the approval of a final tract or parcel map.

(ORD-23-0051 § 1(Exh. A), 2023)

Generally, a tentative map for the subdivision of a parcel, site, or piece of land into five or more lots or units, unless any of the circumstances described in Section 20.06.020(A) apply where the subdivision can be accommodated with a parcel map.

(ORD-23-0051 § 1(Exh. A), 2023)

Traffic-control devices are signs, signals, pavement markings, and other officially authorized devices.

(ORD-23-0051 § 1(Exh. A), 2023)

A unit consists of a separate interest in a space defined in a condominium plan which may consist of air, earth, or water (example includes parking space, space in a marina and mobile home park space) in combination with an undivided interest in common areas established in a condominium.

(ORD-23-0051 § 1(Exh. A), 2023)

The complete or partial abandonment or termination of the public right to use a street, highway, or public service easement.

(ORD-23-0051 § 1(Exh. A), 2023)

A vesting tentative map is similar to regular Tentative Maps except that the approval confers a vested right to proceed with development in substantial compliance with the ordinance, policies, and standards in effect at the time the vesting map application is deemed complete per Government Code Section 65493.

(ORD-23-0051 § 1(Exh. A), 2023)

A parcel map with a waiver of a tentative map (no bonds, must be monumented prior to approval). A certificate of compliance shall be recorded with the map.

(ORD-23-0051 § 1(Exh. A), 2023)