HomeMy WebLinkAbout03_1331 Anitgua Newport Beach LLC Residence Lot Merger_PA2024-0018CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 13, 2024
Agenda Item No. 3
SUBJECT: 1331 Antigua Newport Beach LLC Residence Lot Merger (PA2024-0018)
Lot Merger
SITE LOCATION: 600 Seaward Road
APPLICANT: Elyas Sabzehi
OWNER: 1331 Antigua Newport Beach LLC Residence
PLANNER: Laura Rodriguez, Planning Technician
lrodriguez@newportbeachca.gov, or 949-644-3216
LAND USE AND ZONING
General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
Zoning District: R-1-6000 (Single-Unit Residential)
Coastal Land Use Plan Category: RSD-A (Single Unit Residential Detached) – (0.0-
5.9 DU/AC)
Coastal Zoning District: R-1-6000 (Single-Unit Residential)
PROJECT SUMMARY
A lot merger for two properties under common ownership to accommodate future
improvements across the existing interior property line. The front parcel (600 Seaward
Road) is developed with a single-unit residence, while the rear parcel is developed as a
rear yard for the residence on the front parcel.
RECOMMENDATION
1)Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315, under Class 15 (Minor Land Divisions) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving a Lot Merger filed as
PA2024-0018 (Attachment No. ZA 1).
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1331 Antigua Newport Beach LLC Residence (PA2024-0018)
Zoning Administrator, June 13, 2024
Page 2
DISCUSSION
An application was filed by Elyas Sabzehi, on behalf of business entity, 1331 Antigua
Newport Beach LLC Residence, with respect to two properties located at 600
Seaward Road. The lot at 600 Seaward Road is legally described as Lot 171 of Tract
1237, Corona Highlands (front parcel outlined in orange, below). The parcel to be
merged has no site address and is legally described as Lot 11 (rear parcel outlined
in blue, below) of Tract 14795.
Exhibit 1: Lots to be Merged
The applicant proposes a lot merger for two lots under common ownership. The
purpose of the lot merger is to legally merge the two abutting lots into one parcel.
Section 20.18.030 (Residential Zoning Districts General Development Standards)
of the Zoning Code establishes minimum lot area and width requirements. The
proposed merger would result in a 13,066-square-foot parcel that is in conformance
to the minimum 6,000-square foot interior lot area standard of the Zoning Code. Also,
the proposed merger would create one approximately 65-foot-wide parcel, exceeding
the minimum 60-foot interior lot width standard of the Zoning Code.
Lot 11 (Rear Parcel)
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1331 Antigua Newport Beach LLC Residence (PA2024-0018)
Zoning Administrator, June 13, 2024
Page 3
Properties along Seaward Road consist of lots varying in shapes and sizes. The
proposed lot merger will not create an excessively large lot in comparison to many
of the existing lots in the area. There are many existing lots in the surrounding
development that are similar to the proposed lot area, such as 604 Seaward Road
and 552 Seaward Road, which are also single-unit residential developments.
The two abutting lots have historically been utilized as one, single-unit residential
development. The existing primary structure on 600 Seaward Road is on the parcel
legally described as Lot 171 of 1237, Corona Highlands. Accessory structures such
as planters, block wall and fencing, and patios are located on the rear parcel; legally
described as Lot 11 of Track 14795.
The lot merger application does not include nor propose any change in the density
or intensity of land use and, therefore, is not considered development as defined in
Newport Beach Municipal Code (NBMC) Chapter 21.70 (Definitions). For this reason,
a coastal development permit is not required.
Legal access to the site is provided from Seaward Road and will remain
unchanged with the lot merger.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15315, Class 15 (Minor Land Divisions)
of the State CEQA (California Environmental Quality Act) Guidelines. Class 15 exemption
includes the division of property in urbanized areas zoned for residential, commercial, or
industrial use into four or fewer parcels when the division is in conformance with the
General Plan and zoning; no variances or exceptions are required; all services and
access to the proposed parcel to local standards are available; the parcel was not
involved in a division of a larger parcel within the previous two years; and the parcel does
not have an average slope greater than 20%. This exemption includes a minor lot merger
not resulting in the creation of any new parcel that complies with the conditions specified
above.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-way
and waterways), including the applicant, and posted on the subject property at least 10
days before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
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1331 Antigua Newport Beach LLC Residence (PA2024-0018)
Zoning Administrator, June 13, 2024
Page 4
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Laura Rodriguez, Planning Technician
DL/lr
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Exhibits
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Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF NEWPORT BEACH, CALIFORNIA,
APPROVING A LOT MERGER FOR TWO LOTS UNDER
COMMON OWNERSIP BOTH LOCATED AT 600 SEAWARD
ROAD (PA2024-0018)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Elyas Sabzehi (Applicant), with respect to the property at
600 Seaward Road, legally described Lot 171 of Tract 1237 (Property). The parcel
to be merged to the east has no site address and is legally described as Lot 11 of
Tract 14795 (Rear Property).
2.The Applicant proposes a lot merger and requests to waive the parcel map
requirement for two lots under common ownership. The merger would combine the
two legal lots into a single parcel (Project).
3.The subject properties are located within the Single-Unit Residential (R-1-6000)
Zoning. The General Plan Land Use Element category is Single Unit Residential
Detached (RS-D).
4.The subject properties are located within the R-1-6000 Single Unit Residential
Coastal Zoning District. The Coastal Land Use Plan (CLUP) category is Single Unit
Residential Detached (0.0 – 5.9 DU/AC) (RSD-A).
5.The Project does not include nor propose any change in the density or intensity of
land use and is therefore not considered development as defined in Newport Beach
Municipal Code (NBMC) Chapter 21.70 (Definitions). For this reason, a coastal
development permit is not required.
6.A public hearing was held on June 13, 2024, online via Zoom. A notice of time, place,
and purpose of the hearing was given in accordance with the NBMC. Evidence,
both written and oral, was presented to and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This Project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
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2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division
is in conformance with the General Plan and Zoning; no variances or exceptions are
required; all services and access to the proposed parcels are available; the parcel
was not involved in a division of a larger parcel within the previous two years; and
the parcel does not have an average slope greater than 20%. This exemption
includes a minor lot merger not resulting in the creation of any new parcel that
complies with the conditions specified above.
3. The exceptions to this categorical exemption under Section 15300.2 are not
applicable. The Project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have
a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, and is not a hazardous
waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.68.030 (Lot Mergers), the following findings and facts in
support of such findings are set forth:
Finding:
A. 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.
Facts in Support of Finding:
1. The Project is consistent with the purpose and intent of NBMC Title 19
(Subdivisions), identified in NBMC Subsection 19.04.020 (Purpose and
Applicability). The lot merger will not result in the creation of additional parcels by
removing the interior lot line between them and will ensure all development is
contained within the property.
2. The future development on the proposed parcel will be subject to NBMC Title 20
(Planning and Zoning), which is intended to promote orderly development, protect
neighborhood character, and preserve public health, safety, and general welfare
of the City.
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Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
1. The two lots to be merged are under common fee ownership, as evidenced by the
Preliminary Title Report submitted with the application.
Finding:
C. 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.
Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the Property and Rear
Property both as Single Unit Residential Detached (RS-D), which applies to a range
of single-family residential dwelling units. Additionally, both parcels are located within
the Single-Unit Residential (R-1-6000) zoning district, consistent with the surrounding
area. The R-1-6000 Zoning District is intended to provide areas appropriate for a
detached single-family residential dwelling unit located on a single lot that is 6,000
square feet or greater in area.
2. The CLUP designates both the Property and Rear Property as Single Unit
Residential Detached (0.0-5.9 DU/AC) (RSD-A), which provides for density ranging
from 0.0-5.9 dwelling units per acre. The single-unit residential land use will remain
and the merger is consistent with the land use designations of the CLUP.
3. Section 20.18.030 (Residential Zoning Districts General Development Standards)
of the Zoning Code establishes minimum lot area and width requirements. The
proposed merger would result in a 13,066-square-foot parcel that is in conformance
to the minimum 6,000-square foot interior lot area standard of the Zoning Code. Also,
the proposed merger would create one approximately 65-foot-wide parcel, exceeding
the minimum 60-foot interior lot width standard of the Zoning Code.
4. The Property and Rear Property are not located within a specific plan area.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access
as a result of the merger.
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Fact in Support of Finding:
1. No adjoining parcels will be deprived of legal access as a result of the merger. The
Rear Property is landlocked. Legal access from the merged parcels is provided from
Seaward Road and will remain unchanged if the parcels are merged.
Finding:
E. The merged lots 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 these findings, the review authority may
consider the following:
i. Whether the 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.
ii. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
iii. Whether the merged lots would be conforming or in greater conformity with the
minimum lot width and area standards for the zoning district.
Facts in Support of Finding:
1. Any future development on the merged lots will be required to meet all applicable
development standards and, therefore, will not 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.
2. The Project will create a parcel that is consistent with the character or general
orientation of adjacent and/or adjoining lots. Although the current configuration is
two lots, the property is used like a single parcel with one single-family residence.
As a result, the proposed merger will not result in a visible change in the character
of the neighborhood and will continue to allow the property to be used for single-
family purposes.
3. The Project will create a parcel similar in size and configuration to those in the
vicinity and neighborhood, and conforms to the minimum lot width and area
standards for the zoning district.
In accordance with Section 19.08.30.(A)(3) (Waiver of Parcel Map Requirement –
Activities Eligible for Waiver) of the NBMC, the Zoning Administrator may approve a
waiver of the parcel map requirement in cases where no more than three parcels are
eliminated. The following finding and facts in support of such findings are set forth:
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Finding:
F. The proposed division of land complies with requirements as to area, improvement
and design, flood water drainage control, appropriate improved public roads and
property access, sanitary disposal facilities, water supply availability,
environmental protection, and other applicable requirements of this title, the Zoning
Code, the General Plan, and any applicable Coastal Plan or Specific Plan.
Facts in Support of Finding:
1. Approval of the Project would remove the existing interior lot line, and allow the
property to be used as a single site. The proposed lot would comply with all design
standards and improvements required for new subdivisions by NBMC Title 19
(Subdivisions), the General Plan, and the Coastal Land Use Plan.
2. The Property and Rear Property are not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project
categorically exempt from the California Environmental Quality Act pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no
potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves PA2024-
0018, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated for reference.
3. This action shall become final and effective 10 days after the adoption of this
Resolution unless within such time an appeal or call for review is filed with the
Director of Community Development in accordance with the provisions of Title 19
(Subdivisions), of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF JUNE 2024.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1.The Project shall be in substantial conformance with the approved lot merger
exhibits stamped and dated with the date of this approval (except as modified by
applicable conditions of approval).
2.The Project is subject to all applicable City ordinances, policies, and
standards unless specifically waived or modified by the conditions of approval.
3.The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this lot merger.
4.Prior to the issuance of building permits, for any construction to cross the
existing interior lot line between the two lots proposed to be merged, recordation
of the Lot Merger documents with the County Recorder shall be required.
5.All easements shall be plotted, and all easement documents must be
provided upon final map review.
6.Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval
by either the current business owner, property owner, or the leasing agent.
7.This approval shall expire and become void unless exercised within 24 months
from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code.
8.To the fullest extent permitted by law, the applicant shall indemnify, defend and
hold harmless the City, its City Council, its boards and commissions, officials,
officers, employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs, and expenses (including without
limitation, attorney’s fees, disbursements, and court costs) of every kind and
nature whatsoever which may arise from or in any manner relate (directly or
indirectly) to City’s approval of 1331 Antigua Newport Beach LLC
Residence Lot Merger, PA2024-0018 This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit,
attorney’s fees, and other expenses incurred in connection with such claim,
action, causes of action, suit, or proceeding whether incurred by the applicant,
City, and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of the City's costs, attorney’s fees, and damages that
the City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed
to the City pursuant to the indemnification requirements prescribed in this
condition.
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Attachment No. ZA 2
Vicinity Map
12
VICINITY MAP
Lot Merger (PA2024-0018)
600 Seaward Road
600 Seaward Rd
APN 459-141-48
APN 459-141-48
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Attachment No. ZA 3
Exhibits
14
OWNERS EXISTING PARCELS
AP NUMBERS
PROPOSED PARCELS
REFERENCE
EXHIBIT "A"
LOT LINE ADJUSTMENT
LLA No. PA2024-0018
(Legal Description of Lots to be Adjusted)
459-141-48
459-141-48
PARCEL A
PARCEL A
PARCEL 1:
ALL OF LOT 171 AND THAT PORTION OF LOT 172, LYING NORTHWEST OF THE SOUTHWESTERLY
PROLONGATION OF THAT PORTION OF THE NORTHWEST LOT LINE SHOWN AS HAVING A DISTANCE OF 82
FEET OF TRACT NO. 1237, CORONA HIGHLANDS, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40, PAGES 19 AND 20 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
LOT 11 OF TRACT NO. 14795, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 716, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL A:
LOT 11 OF TRACT NO. 14795 AS PER MAP RECORDED IN BOOK 716, PAGES 37 AND 38 OF MISCELLANEOUS
MAPS, TOGETHER WITH ALL OF LOT 171 AND THAT PORTION OF LOT 172, LYING NORTHWEST OF THE
SOUTHWESTERLY PROLONGATION OF THAT PORTION OF THE NORTHWEST LOT LINE SHOWN AS HAVING A
DISTANCE OF 82 FEET OF TRACT NO. 1237, BOOK 40, PAGES 19 AND 20 OF MISCELLANEOUS MAPS, ALL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
This document was prepared by me or under my direction.
Print Name/Title:
My License Renews:
Date:
WILLIAM ROLPH, PRINCIPAL
SEPTEMBER 30, 2025
APRIL 8, 2024
1331 ANTIGUA
NEWPORT BEACH LLC
SHEET 1 OF 1 SHEETS
EXISTING PARCELS
REFERENCE
PARCEL 1
PARCEL 2
EXISTING PARCELS
PROPOSED PARCEL
1331 ANTIGUA
NEWPORT BEACH LLC
15
10' WIDE WATER
EASEMENT FOR
CITY OF NEWPORT
BEACH WATER
LINE
PARCEL 1 PARCEL 2SE
A
W
A
R
D
D
R
I
V
E
℄
25'25'
PARCEL A
5' WIDE AT&T ESMT
EXHIBIT "B"
LOT LINE ADJUSTMENT
LLA No. PA2024-0018
(Map)
LEGEND
LOT LINE TO BE REMOVED
LOT LINE TO REMAIN
SHEET 1 OF 1 SHEETS
CURVE DELTA RADIUS LENGTH
C1 90°00'00" 18.00' 28.27'
CURVE DATA TABLE
LINE BEARING LENGTH
L1 N22°14'50"W 18.00'
L2 N67°45'10"E 18.00'
LINE DATA TABLE
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS EXHIBIT IS THE CENTERLINE OF
SEAWARD DRIVE BEING N23°12'20"W PER TRACT TRACT NO. 1237, BOOK
40, PAGES 19 AND 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
OWNERS EXISTING PARCELS
AP NUMBERS
PROPOSED PARCELS
REFERENCE
459-141-48
459-141-48
PARCEL A
PARCEL A
ALFA IDG, LLC
ALFA IDG, LLC
EXISTING PARCELS
REFERENCE
PARCEL 1
PARCEL 2
16
10' WIDE WATER
EASEMENT FOR
CITY OF NEWPORT
BEACH WATER
LINE
G
8" D.I.P. WATER MAIN
5' WIDE AT&T ESMT
BASEMENT RETAINING WALL
PER STRUCTURAL PLAN
6" STEPS
(5 EACH)
PROPOSED
CURB
6" STEP
5'
M
I
N
.
5'
M
I
N
.
PLANTER WALLS
PLANTER WALLS
OUTDOOR KITCHEN
14' MIN.
55' MIN.
EXHIBIT "C"
LOT LINE ADJUSTMENT
LLA No. PA2024-0018
(Site Plan)
LEGEND
LOT LINE TO BE REMOVED
LOT LINE TO REMAIN
SHEET 1 OF 1 SHEETS
CURVE DELTA RADIUS LENGTH
C1 90°00'00" 18.00' 28.27'
CURVE DATA TABLE
LINE BEARING LENGTH
L1 N22°14'50"W 18.00'
L2 N67°45'10"E 18.00'
LINE DATA TABLE
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS EXHIBIT IS THE CENTERLINE OF
SEAWARD DRIVE BEING N23°12'20"W PER TRACT TRACT NO. 1237, BOOK
40, PAGES 19 AND 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
OWNERS EXISTING PARCELS
AP NUMBERS
PROPOSED PARCELS
REFERENCE
459-141-48
459-141-48
PARCEL A
PARCEL A
ALFA IDG, LLC
ALFA IDG, LLC
EXISTING PARCELS
REFERENCE
PARCEL 1
PARCEL 2
17
June 13, 2024, Zoning Administrator Item 3 Comments
These comments on a Newport Beach Zoning Administrator agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. 1331 Antigua Newport Beach LLC Residence Lot Merger
(PA2024-0018)
I do not agree with staff’s Statement of Fact 1.5: “The Project does not include nor propose any
change in the density or intensity of land use and is therefore not considered development as
defined in Newport Beach Municipal Code (NBMC) Chapter 21.70 (Definitions). For this reason,
a coastal development permit is not required.”
It is hard to believe the merger does “not propose any change in the density or intensity of land
use,” since it presumably alters the setbacks, buildable area and potential building on the site in
ways not addressed in the resolution.
Even if there were no change in density or intensity of land use, Title 21’s definition of
“development” is copied from the Coastal Act.
It is very broad, and while it specifically cites a “change in the density or intensity of use of land”
as an instance of development, the California Supreme Court in Pacific Palisades Bowl Mobile
Estates, LLC v. City of Los Angeles,55 Cal.4th 783 (2012) interpreted the qualifying phrase
“including, but not limited to, subdivision in compliance with the Subdivision Map Act ..., and any
other division of land” to include any action implicating the Subdivision Map Act whether the
action changes density or intensity, or not (six of the seven justices rejecting Justice Kennard’s
dissenting opinion that to be “development” a change in density or intensity was required).
Title 21 defines “Merger” as “the process authorized by the Subdivision Map Act to combine two
or more adjacent lots into a single lot of record,” it seems clearly to fall within the sweep of the
Supreme Court’s interpretation of coastal “development.”
And while Section 21.52.035 certified certain exemptions from the broad CDP requirement, lot
mergers is not listed among them.
And if it were to be argued that despite mergers being a “process authorized by the Subdivision
Map Act” they are not “subdivision” or “division of land,” it might be noted the resolution itself
cites CEQA Guidelines Section 15315, Class 15 (Minor Land Divisions) which involves only “the
division of property.” Yet staff regards lot mergers as falling in that class. It is hard to see how
mergers could be a division of land for CEQA purposes but not for Coastal Act ones.
For these reasons, not not believe a lot merger in the Coastal Zone can be completed without
making the findings for a Coastal Development Permit.
I would also question the staff report citing, in the first bullet on page 3, 604 and 552 Seaward
Road, without disclosing they were (likely) created by the same process and without any
Coastal Act findings.
Zoning Administrator - June 13, 2024 Item No. 3a - Additional Materials Received 1331 Antigua Newport Beach LLC (PA2024-0018)