Chapter 19.68 — MERGER OF CONTIGUOUS LOTS

The provisions of this chapter are intended to provide for the merger of parcels as authorized by California Government Code Section 66499.20.3. These provisions are intended to be consistent with the Subdivision Map Act and shall be so construed. (Ord. 2009-30 § 1 (Exh. 1 § 8 (part)), 2009; Ord. 2023-22 § 879, 2023)

A. Old Lots. Any lot of record on August 2, 1943, may be used as a development site even when of less area or width than that required by the provisions of this Code.

B. Lots in R-BI District. On any site of less than five thousand (5,000) square feet which
existed prior to March 10, 1976, a two-family dwelling may be constructed; provided, that
there shall be not less than one thousand (1,000) square feet of land area for each family
unit.
(Ord. 2009-30 § 1 (Exh. 1 § 8 (part)), 2009; Ord. 2023-22 § 880, 2023)

A. Application. Mergers of contiguous lots involving four or fewer parcels under one fee ownership may be initiated by the owner of the fee interest. An application for a lot merger shall be filed in a manner consistent with the requirements contained in Title 20 of this Code relating to the filing of an application. Application for merger of contiguous parcels shall be made on forms provided by the Community Development Department and shall include such items as may reasonably be required to make the necessary findings. An application shall be accompanied by a fee set by resolution of the City Council.

B. Required Plans and Materials. In addition to the other application materials required by
Title 20 of this Code, an application for a lot merger shall be accompanied by an exhibit
showing the lots to be merged, the property lines of the adjoining parcels, and structures on
and adjacent to the lots to be merged.

C. Community Development Department Review. An application for a lot merger is hereby
initially reviewed by the Community Development Department in accordance with Title 20
of this Code.

D. Zoning Administrator. Application for lot merger shall be approved, conditionally
approved, or denied by the Zoning Administrator unless referred to the Planning
Commission pursuant to this section.

E. Referral to Planning Commission. The Zoning Administrator may determine that an
application should properly be heard by the Planning Commission and may refer the matter
to the Planning Commission for hearing and original determination on the merits. The
procedure for notice and hearings held by the Planning Commission on such applications
shall be in accordance with the same provisions as set forth in this section.

F. Public Hearings. Lot mergers shall require a public hearing before the Zoning
Administrator. Procedures for noticing and conduct of hearings shall be in accordance with

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City of Newport Beach, CA § 19.68.030 NEWPORT BEACH CODE § 19.68.030

Title 20 of this Code.

G. Investigation. The Zoning Administrator shall cause to be made such investigation of facts
bearing upon such application as will serve to provide all information necessary to assure
that the action on each application is consistent with the intent of this section and sound
planning practices.

H. Required Findings. All of the following findings shall be made prior to approval of a lot
merger:

1. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title; and 2. The lots to be merged are under common fee ownership at the time of the merger; and 3. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan; and 4. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger; and 5. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district.

   I. Conditions of Approval. The Zoning Administrator may condition a lot merger to account for the impacts including, among other things, public improvements as well as the payment of drainage and other fees required for subdivisions by this title.

   J. Rendering of Decision. After the conclusion of the hearing on any application for a lot merger, the Zoning Administrator or Planning Commission shall render a decision within ten (10) days unless otherwise stipulated by the applicant and the Zoning Administrator or Planning Commission.

   K. Effective Date, Appeals, and Calls for Review. Decisions on lot mergers shall not become effective for ten (10) days after being granted. Appeals or calls for review shall be made in

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City of Newport Beach, CA § 19.68.030 SUBDIVISIONS § 19.68.030

accordance with the provisions for appeal of tentative parcel maps, as set forth in Section 19.12.060(B). Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing.

L. Instrument Filed for Record Upon Lot Merger Approval. Upon approval of a lot merger,
the applicant shall file a document, approved by the City in writing, specifying the names
of the record owners of the fee interest and particularly describing the real property with a
site map for recordation with the County Recorder.

M. Waiver of Concurrent Parcel Map. In accordance with Section 19.08.030, the Zoning
Administrator may approve a waiver of the parcel map requirement in conjunction with the
lot merger where no more than three parcels are eliminated. If a merger involves the
elimination of more than three parcels, tentative and final parcel maps shall be required.

N. Expiration and Amendments. Expiration of and amendments to lot merger approvals shall
be in accordance with the permit implementation, time limits, and extension provisions
contained in Title 20 of this Code.
(Ord. 2009-30 § 1 (Exh. 1 § 8 (part)), 2009; Ord. 2013-11 §§ 199—203, 2013; Ord. 2013-17
§ 1, 2013; Ord. 2015-9 § 43, 2015)

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City of Newport Beach, CA § 19.72.010 SUBDIVISIONS § 19.72.050