The purpose and intent of this chapter is to facilitate housing development and redevelopment through the consolidation of multiple adjacent parcels. Lot consolidation intends to incentivize development to support higher-density multifamily residential developments, particularly for lower income households. As a main incentive for lot consolidation, this chapter allows developers an increase in permitted density for projects that propose to build the maximum number of residential units allowed on a site.

(Ord. No. 863, § 3(K), 10-3-24)

Lot consolidation shall mean the merging of two (2) or more contiguous parcels into fewer parcels through the elimination or modification of shared property lines.

(Ord. No. 863, § 3(K), 10-3-24)

Lot consolidation applications shall be subject to review and approval by the planning commission in accordance with article 12 of the Lomita Municipal Code. Unless state law specifies otherwise, the planning commission shall be the final authority for all applicable discretionary and administrative permits requesting additional units and incentives pursuant to this chapter. The decisions of the planning commission shall be final unless a written appeal is filed pursuant to article 70, zoning ordinance administration, of the Lomita Municipal Code.

(Ord. No. 863, § 3(K), 10-3-24)

Incentives pertaining to lot consolidation apply only to development proposing the consolidation of two (2) or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land. All parcels are eligible for the incentives in this chapter provided that the resulting lot, subsequent to consolidation, meets the minimum standards listed in section 11-1.53.09.

(Ord. No. 863, § 3(K), 10-3-24)

After consolidation completion, with respect to any contiguous lots, parcels, or units of land under this chapter, such lots, parcels, or units of land shall be treated as a single lot under the provisions of the Lomita Municipal Code.

(Ord. No. 863, § 3(K), 10-3-24)

Property shall be considered as contiguous lots, parcels, or units of land only if such lots, parcels, or units of land are adjoining, but not if separated by roads, streets, alleys, railroad rights-of-way, or other features deemed to be similar by the community and economic development director.

(Ord. No. 863, § 3(K), 10-3-24)

The community and economic development director, or their authorized representative, shall determine that projects proposing to consolidate lots meet all minimum standards in section 11-1.53.09 prior to scheduling a public hearing for review by the planning commission. Projects proposing buildout beyond the development incentives granted in this chapter, or land uses that require separate entitlements, shall apply for the applicable discretionary permits concurrently. The application will be reviewed against the required findings in this chapter, section 11-1.53.11, as well as the required findings for all necessary discretionary and administrative permits.

(Ord. No. 863, § 3(K), 10-3-24)

Whenever the community and economic development director or planning commission determines that real property has been consolidated pursuant to this chapter, the director, within thirty (30) days of such decision, shall cause to be filed for record with the county recorder a notice of such consolidation specifying the names of the recorded owner(s) and describing the real property affected by the consolidation.

(Ord. No. 863, § 3(K), 10-3-24)

In order to qualify for incentives, a lot consolidation request under section 11-1.53.02 of this chapter must adhere to the minimum standards specified in section 11-1.53.09(A) and (B) and result in a lot that satisfies all criteria outlined in table 11-1.53.A: Minimum standards for lot consolidation.

Table 11-1.53.A: Minimum Standards for Lot Consolidation

(A)

Consolidating lots with different zoning. In the event two (2) or more parcels with dissimilar zoning districts are proposed to be consolidated, resulting in a single parcel, the rezoning of the new parcel shall be made concurrently with the submittal of a lot consolidation request with a determination made by the planning commission in relation to supporting congruency with the surrounding zoning districts. If the consolidated single-zoned parcel would not result in greater neighborhood compatibility, including zoning districts with contrasting development standards or other potential negative influencing factors, the planning commission shall determine the resulting zoning district for the consolidated lot.

(B)

Term of affordability and resale.

(1)

An applicant entitling a rental project shall enter into an affordable housing agreement and restrictive covenant with the city which shall ensure any additional units awarded pursuant to this ordinance shall be rented to low-, very low-, and extremely low-income households at an affordable housing cost, as that term is defined in Health and Safety Code § 50052.5, for not less than thirty (30) years or a longer period of time as may be required by other project funding sources. Household income and rents for the low, very low-, and extremely low-income units must be reported annually to the community development department. For purposes of this chapter, low-income households shall be defined by Health and Safety Code § 50079.5, very low-income households shall be defined by Health and Safety Code § 50105, and extremely low-income households shall be defined by Health and Safety Code § 50106. The restrictive covenant shall be recorded against the property prior to the issuance of the first building permit.

(2)

An applicant for a for-sale residential project shall enter into an equity sharing agreement and restrictive covenant with the city, which shall ensure that all additional units allowed pursuant to this chapter shall be sold to low-, very low-, and extremely low-income households at an affordable housing cost. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of a public funding source or law. The restrictive covenant shall be recorded against the property prior to the issuance of the first building permit. The following requirements apply to the equity sharing agreement:

a.

Upon resale, the seller of the unit shall retain the value of any documented improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subparagraph section 11-1.53.09(B)(2)(b), and its proportionate share of appreciation, as defined in subparagraph section 11-1.53.09(B)(2)(c).

b.

For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the lower income household, plus the amount of any down payment assistance or mortgage assistance provided by the city, if any. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

c.

For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. No. 863, § 3(K), 10-3-24)

Reserved.

(Ord. No. 863, § 3(K), 10-3-24)

In order to grant the incentives for lot consolidation, the planning commission shall make the following findings:

(A)

The project meets the minimum standards for lot consolidation (section 11-1.53.09) and proposes development accommodating the allowed maximum density.

(B)

In granting an increase in allowable density, fifty (50) percent or more of the additional units are affordable at low-, very low, or extremely low-income levels in congruence with Health and Safety Code § 50052.5 and an agreement with the city is established ensuring the unit's continued affordability for thirty (30) years or longer.

(C)

In granting an increase in building height, a reduction in required building setbacks, a reduction in parking requirements, an increase in maximum FAR, and/or any other deviations from development standards required per the Lomita Municipal Code, the planning commission shall find that such increase and/or decrease will not result in any adverse impacts to adjacent properties due to an encroachment of building elements that would substantially reduce a property's access to light and air, the privacy enjoyed by the adjacent residents, or otherwise reduce the reasonable use of the property.

(D)

The parcels involved in a lot consolidation must be legal lots, free of future development deed restrictions, and can separately be constructed in conformity with the Lomita Municipal Code and health and safety codes in effect at time of application submittal.

(E)

If deemed necessary, an impact study must show that the proposed increase in density or number of units on site does not cause a significant impact to the city's sewer and water infrastructure systems.

(Ord. No. 863, § 3(K), 10-3-24)