Chapter 16.36 — MERGER OF LOTS

• A. The Director is authorized to accept applications for the merger of two contiguous lots or units of land with a contiguous lot, or units of land held by the same owner if any one of the contiguous lots or units of land held by the same owner does not conform to the standards for minimum lot size under the Zoning Regulations applicable to the lots or units of land if all of the following requirements are satisfied:

  1. At least one of the affected lots 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 lot or unit;

  2. With respect to any affected lot, one or more of the following conditions exists:

     • a. The lot comprises less than 5,000 square feet in area at the time of the determination of merger,

     • b. The lot was not created in compliance with applicable laws and ordinances in effect at the time of its creation,

     • c. The lot does not meet current standards for sewage disposal and domestic water supply,

     • d. The lot does not meet slope stability standards,

     • e. The lot has no legal access which is adequate for vehicular and safety equipment access and maneuverability,

     • f. The lot development would create health or safety hazards, or

     • g. The lot is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

• B. For purposes of determining whether contiguous lots are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded as provided by Section 16.36.030 (Notice of Intent to Determine Status).

• C. The provisions of this chapter shall not apply if any one of the following conditions exist:

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

  2. On July 1, 1981, one or more of the contiguous lots or units of land is timberland as defined in Government Code Section 51104, or is land devoted to an agricultural use as defined in Government Code Section51201;

  3. On July 1, 1981, one or more of the contiguous lots or units of land is located within

Downloaded from https://ecode360.com/LO4963 on 2026-07-06

City of Los Alamitos, CA

SUBDIVISIONS

§ 16.36.010

§ 16.36.050

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 City;

4. On July 1, 1981, one or more of the contiguous lots 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 City.

• D. For purposes of subsections (C)(3) and (C)(4) of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

A merger of lots becomes effective when the City causes to be filed for record with the Orange County Recorder a notice of merger specifying the names of the record owners and particularly describing the real property.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Prior to recording a notice of merger, the City shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected lots may be merged pursuant to the standards in this chapter, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the Orange County Recorder on the date that notice is mailed to the property owner.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the City a request for a hearing on determination of status.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 16.36.040 (Request for Hearing on Determination of Status), the City shall fix a time, date, and place for a hearing to be conducted by the Council, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following the City's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the City and its determination.

• B. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 16.36.010 (Authority to Merge Lots). A

Downloaded from https://ecode360.com/LO4963 on 2026-07-06

City of Los Alamitos, CA

LOS ALAMITOS CODE

§ 16.36.050

§ 16.36.090

determination of merger shall be recorded within 30 days after conclusion of the hearing, as provided for in Section 16.36.040 (Request for Hearing on Determination of Status). (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this chapter.

• B. At the conclusion of the hearing, the Council shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 16.36.010 (Authority to Merge Lots). A determination of merger shall be recorded within 30 days after conclusion of the hearing, as provided for in Section 16.36.040 (Request for Hearing on Determination of Status).

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. If, within the 30-day period specified in Section 16.36.040 (Request for Hearing on Determination of Status) the owner does not file a request for a hearing in accordance with Section 16.36.040 (Request for Hearing on Determination of Status), the City may, at any time thereafter, make a determination that the affected lots are to be merged or are not to be merged.

• B. A determination of merger shall be recorded as provided for in Section 16.36.020 (Recordation of Notice) no later than 90 days following the mailing of notice required by Section 16.36.030 (Notice of Intent to Determine Status).

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

If, in accordance with Section 16.36.060 (Hearing—Evidence—Determination of Status) or 16.36.070 (Failure to Request Hearing—Determination of Merger), the City determines that the subject property shall not be merged, the City shall cause to be recorded in the manner specified in Section 16.36.020 (Recordation of Notice) a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. The failure of the City to comply with the requirements of this chapter for the merger of contiguous lots or units of land held in common ownership shall render void and ineffective any resulting merger or recorded notice of merger, and no further proceedings under the provisions of this chapter shall be required for the purpose of sale, lease, or financing of those contiguous lots or units, or any of them, until such time as the lots or units of land have been lawfully merged by subsequent proceedings initiated by the City which meet the requirements of this chapter.

Downloaded from https://ecode360.com/LO4963 on 2026-07-06

City of Los Alamitos, CA

SUBDIVISIONS

§ 16.36.090

§ 16.36.090

• B. The failure of the City to comply with the requirements of any prior law establishing requirements for the merger of contiguous lots or units of land held in common ownership shall render voidable any resulting merger or recorded notice of merger. From and after the date the City determines that its actions did not comply with the prior law, or a court enters a judgment declaring that the actions of the City did not comply with the prior law, no further proceedings under the provisions of this chapter shall be required for the purpose of sale, lease, or financing of such contiguous lots or units, or any of them, until such time as the lots or units of land have been lawfully merged by subsequent proceedings initiated by the City which meet the requirements of this chapter.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Downloaded from https://ecode360.com/LO4963 on 2026-07-06

City of Los Alamitos, CA

SUBDIVISIONS

§ 16.38.010

§ 16.38.050