Section 66451.10 of the California Subdivision Map Act stipulates that two (2) or more contiguous lots, parcels or units of land which have been legally created shall not be deemed merged by virtue of the fact that such contiguous parcels or units are held by the same owner. Any or all lots, parcels or units of land which may have been merged pursuant to state or local law prior to the adoption of this Article, but for which a notice of merger was not recorded, are hereby deemed to be unmerged and separate parcels. Upon request of an owner, the planning director shall schedule a hearing before the planning commission; and if determined that a parcel is unmerged pursuant to this Article, a certificate of merger must be filed.

(Ord. No. 414, § 2, 6-1-87)

[Lot Merger:] Merging of two (2) or more contiguous parcels which are under the same ownership for the purpose of construction on or across the existing lot lines between the contiguous parcels, or where one of the parcels does not conform to current standards for minimum lot area or dimensions.

(Ord. No. 414, § 2, 6-1-87)

Whenever two (2) or more contiguous lots, parcels or units of land which have been legally created under the provision of the California Subdivision Map Act and other applicable provisions of the City of Lomita Municipal Code are held by the same owner, such lots, parcels or units of land shall be merged where all of the following requirements are satisfied:

(a)

At least one (1) of the affected parcels 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 parcel or unit.

(b)

With respect to any affected parcel, one (1) or more of the following conditions exist:

(1)

Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.

(2)

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(3)

Does not meet current standards for sewage disposal and domestic water supply.

(4)

Does not meet slope stability standards.

(5)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

(6)

Its development would create health or safety hazards.

(7)

Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

The above subsections shall not apply if any of the conditions as stated in Section 66451.11(b), (A), (B), (C), (D) or (E) of the Subdivision Map Act exist.

(Ord. No. 414, § 2, 6-1-87)

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

(Ord. No. 414, § 2, 6-1-87)

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 they are separated by roads, streets, alleys, railroad rights-of-way or other features deemed to be similar by the planning director or if they are zoned for different uses.

(Ord. No. 414, § 2, 6-1-87)

Whenever the director finds that the real property can be merged pursuant to this Article, the director shall mail by certified mail to the current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing should he feel that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner.

(Ord. No. 414, § 2, 6-1-87)

The planning commission shall hold a public hearing if requested by the property owner on a merger pursuant to section 11-1.55.06. The property owner shall state his objections to the merger and present the evidence upon which he relies. If the planning commission finds that the conditions constituting the merger have not occurred, or that a variance can be granted pursuant to Article 70 of the Lomita Zoning Ordinance, then it shall determine that no merger has occurred and instruct the director not to file a notice of merger. The decision by the planning commission may be appealed to the city council as specified in Article 70 of the Lomita Municipal Code.

(Ord. No. 414, § 2, 6-1-87; Ord. No. 733, § 2(pt. 2), 9-7-10)

Whenever the director of planning or planning commission determines that real property has merged 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 merger specifying the names of the recorded owner(s) and describing the real property affected by the merger.

(Ord. No. 414, § 2, 6-1-87)

Should the director of planning or the planning commission determine that the subject property shall not be merged, a release of the notice of intention to determine status shall be recorded with the county recorder's office and a clearance letter shall be sent to the current owner of record.

(Ord. No. 414, § 2, 6-1-87)