HomeMy WebLinkAbout02_Breakers Drive Lot Line Adjustment_PA2025-0036CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 24, 2025
Agenda Item No. 2
SUBJECT: Breakers Drive (PA2025-0036)
Lot Line Adjustment
SITE LOCATION: 3150 and 3200 Breakers Drive
APPLICANT: Apex Land Surveying, Inc.
OWNERS: 3200 Breakers Drive: Breakers CDM, LLC
3150 Breakers Drive: Sandra Sholl, trustee of The Sandra Sholl Trust
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235, dkopshever@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Single Unit Residential Detached (RS-D)
•Zoning District: Single-Unit Residential (R-1)
•Coastal Land Use Plan Category: Single Unit Residential Detached (RSD-A) - (0.0
–5.9 DU/AC)
•Coastal Zoning District: Single-Unit Residential (R-1)
PROJECT SUMMARY
A request to adjust the interior lot line between two contiguous properties that are
developed with single-unit dwellings. Approximately 48 square feet of land will be taken
from 3150 Breakers Drive (Parcel 1) and added to the adjacent parcel at 3200 Breakers
Drive (Parcel 2). The adjusted lot line will allow for an in-ground spa originally constructed
over the interior lot line to be located entirely within Parcel 2. There will be no net change
in the number of parcels.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations)
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; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving the Lot Line Adjustment
filed as PA2025-0036 (Attachment No. ZA 1).
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Breakers Drive (PA2025-0036)
Zoning Administrator, July 24, 2025
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DISCUSSION
•The subject properties are located at 3150 Breakers Drive (Parcel 1) and 3200
Breakers Drive (Parcel 2). They are zoned Single-Unit Residential (R-1) and are
categorized as Single Unit Residential Detached (RS-D) by the Land Use Element
of the General Plan.
•The proposed project will adjust the interior boundary between the two properties
to take a portion of land that is 4 feet wide by 12 feet long from Parcel 1 and add it
to Parcel 2. The area of adjustment can be seen in the lot line adjustment exhibit
included as Attachment No. ZA 3.
•An on-grade spa associated with Parcel 2 was permitted in 1980 under plan check
number 924-80. The spa was ultimately built over the property line. The adjusted
boundary will allow the spa to be located entirely within Parcel 2.
•The proposed project was previously approved under PA2015-105, and then
subsequently under PA2022-083, but both of these approvals expired due to
inactivity and therefore a new request has been submitted.
•The minimum required width and lot area for an interior lot in the R-1 Zoning District
is 50 feet wide and 5,000 square feet in area. Both lots will continue to comply with
the general development standards for R-1 properties.
•The total number of parcels will not change because of the project.
•Setbacks applicable to properties within the R-1 Zoning District shall continue to
apply to the adjusted parcels. The proposed adjustment will not create any
nonconformities.
•The properties are located within the Coastal Zone; however, the project does not
require a Coastal Development Permit. The Lot Line Adjustment does not result in a
change to the density or intensity of the properties and is not considered development
under the definition of development provided in Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC).
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305 of the State CEQA (California
Environmental Quality Act) Guidelines under Class 5 (Minor Alterations in Land Use
Limitations). This exemption consists of minor alterations in land use limitations in areas
with an average slope of less than 20 percent, which do not result in any changes in land
use or density, including but not limited to minor lot line adjustments not resulting in the
creation of any new parcel.
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Breakers Drive (PA2025-0036)
Zoning Administrator, July 24, 2025
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The project will adjust a lot line to accommodate an in-ground spa. The project will not
result in a change in use or density and is consistent with the requirements of the Class
5 exemption.
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, is not a hazardous waste site, and is not identified as a historical
resource.
PUBLIC NOTICE
Notice of this application 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.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of the action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
JP/djk
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Lot Line Adjustment No. LA2025-0036 including Exhibits
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LOT
LINE ADJUSTMENT NO. LA2025-0036 TO ADJUST THE
BOUNDARY BETWEEN TWO CONTIGUOUS PARCELS
LOCATED AT 3150 AND 3200 BREAKERS DRIVE (PA2025-0036)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Apex Land Surveying, Inc (Applicant) on behalf of the property
owners, with respect to properties located at 3150 and 3200 Breakers Drive, and legally
described as Lot 10 and Lot 11, respectively, of Tract No. 1026, requesting approval of a
Lot Line Adjustment.
2.The Applicant proposes to adjust the interior lot line between two contiguous properties
that are developed with single-unit dwellings. Approximately 48 square feet of land will be
taken from 3150 Breakers Drive (Parcel 1) and added to the adjacent parcel at 3200
Breakers Drive (Parcel 2). The adjusted lot line will allow for an in-ground spa originally
constructed over the interior lot line to be located entirely within Parcel 2. There will be no
net change in the number of parcels (Project).
3.The properties are categorized as Single Unit Residential Detached (RS-D) by the General
Plan Land Use Element and are located within the Single-Unit Residential (R-1) Zoning
District.
4.The properties are located within the Coastal Zone. The properties are categorized as
Single Unit Residential Detached (RSD-A) - (0.0 – 5.9 DU/AC) by the Coastal Land Use
Plan and are located within the R-1 (Single-Unit Residential) Coastal Zoning District. The
Project does not require a Coastal Development Permit, as it does not result in a change
to the density or intensity of the properties and is therefore not considered development
under the definition of development provided in Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC).
5.The Project was previously approved under PA2015-105, and then subsequently under
PA2022-083. Both of these approvals expired due to inactivity.
6.A public hearing was held on July 24, 2025, 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 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA
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Zoning Administrator Resolution No. ZA2025-###
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01-25-19
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 Class 5 exemption applies to projects which are minor alterations in land use
limitations in areas with an average slope of less than 20%, which do not result in any
changes in land use or density; including minor lot line adjustments, side yard and
setback variances not resulting in the creation of any new parcel. The Project will adjust
a lot line to accommodate an in-ground spa. The Project will not result in a change in
use or density and is consistent with the requirements of the Class 5 exemption.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 19.76.020 (Procedures for Lot Line Adjustments) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
A. Approval of the lot line adjustment will not, under the circumstances of the 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 line adjustment is consistent with the legislative
intent of the title.
Facts in Support of Finding:
1. The purpose and intent of Chapter 19.76 (Lot Line Adjustment) of the NBMC is to allow
for lot line adjustments. A lot line adjustment is defined as a minor boundary adjustment
involving four or fewer adjacent lots or parcels where the land taken from one parcel is
added to an adjacent parcel with the original number of parcels remaining unchanged
after the adjustment. The Project will modify the interior boundary between two
contiguous parcels to take a portion of land that is 4 feet wide by 12 feet long from Parcel
1 and add it to Parcel 2. The adjusted boundary will allow for an on-grade spa originally
built over the property line in 1980 to be located entirely within Parcel 2. There will be
no change to the overall number of lots. The project is consistent with the definition of a
lot line adjustment and the overall purpose and intent of Chapter 19.76 of the NBMC.
2. The Project does not negatively impact surrounding landowners as the adjustment
affects a small portion of an interior property line between two contiguous parcels.
3. Public improvements and infrastructure currently exist within the neighborhood and the
Project will not result in the need for additional improvements and/or facilities.
Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as before
the adjustment.
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Zoning Administrator Resolution No. ZA2025-###
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01-25-19
Fact in Support of Finding:
1.Fact 1 in support of Finding A is hereby incorporated by reference.
Finding:
C.The lot line adjustment is consistent with applicable zoning regulations except that
nothing herein shall prohibit the approval of a lot line adjustment as long as none of the
resultant parcels is more nonconforming as to lot width, depth, and area than the parcels
that existed prior to the lot line adjustment.
Facts in Support of Finding:
1.The Project will adjust a 12-foot-long portion of the interior boundary line between the
subject properties. The area of adjustment is located towards the middle of the lots,
approximately 57 feet north of the front property line and 73 feet south of the rear
property line. The lot depth and overall lot width of the resulting parcels are unaffected
by the Project.
2.Setbacks applicable to properties within the R-1 Zoning District shall continue to apply to
the adjusted parcels in the same way that they applied to the previous parcel configuration.
3.The subject properties are located within the Bluff (B) Overlay District. NBMC Sections
20.28.040 (Bluff (B) Overlay District) and 21.28.040 (Bluff (B) Overlay District) establish
development areas for the purpose of regulating the placement and location of
structures. The existing spa is in what both NBMC Section 20.28.040 and 21.28.040
define as Development Area A. Spas and hot tubs are considered accessory structures
and accessory structures are allowed in Development A.
4.The resulting parcels will comply with all applicable regulations of Title 20 (Planning and
Zoning) of the NBMC and there will be no change in allowed land uses density, or
intensity on the properties.
Finding:
D.Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a
result of the lot line adjustment.
Fact in Support of Finding:
1.Legal access to the subject properties is taken from Breakers Drive and will not be
affected by the Project.
Finding:
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Zoning Administrator Resolution No. ZA2025-###
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01-25-19
E.That the final configuration of the parcels involved will not result in the loss of direct
vehicular access from an adjacent alley for any of the parcels that are included in the lot
line adjustment.
Facts in Support of Finding:
1.Vehicular access to both properties is currently provided from Breakers Drive. The final
configuration of the subject properties will not result in the loss of the existing direct
vehicular access.
2.There are no alleys located within or near the subject parcels.
Finding:
F.That the final configuration of a reoriented lot does not result in any reduction of the
street site setbacks as currently exist adjacent to a front yard of any adjacent key unless
such reduction is accomplished through a zone change to establish appropriate street
site setbacks for the reoriented lot. The Planning Commission and City Council in
approving the zone change application shall determine that the street site setbacks are
appropriate and are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks.
Fact in Support of Finding:
1.The project will not reorient the lots and no revised or reduced setbacks are required.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15305 under Class 5 (Minor Alterations in Land Use Limitations) 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 Lot Line
Adjustment No. LA2025-0036, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by 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 NBMC.
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Zoning Administrator Resolution No. ZA2025-###
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01-25-19
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF JULY 2025.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
1.The project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
2.Prior to the Recordation of the Lot Line Adjustment, the Applicant shall submit the Lot Line
Adjustment exhibits to the Public Works Department for final review and approval. All
applicable fees shall be paid.
3.This approval shall expire and become void unless exercised within twenty-four (24)
months from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of Section 20.54.060 (Time Limits and
Extensions) of the NBMC .
4.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 Breakers Drive including, but not limited to Lot
Line Adjustment No. LA2025-0036 (PA2025-0036). 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 which 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.
10
Attachment No. ZA 2
Vicinity Map
11
VICINITY MAP
Lot Line Adjustment No. LA2025-0036
(PA2025-0036)
3150 and 3200 Breakers Drive
Subject Properties
12
Attachment No. ZA 3
Lot Line Adjustment No. LA2025-0036
including Exhibits
13
(LEGAL DESCRIPTION)
THIS DESCRIPTION HAS BEEN PREPARED BY ME
OR UNDER MY DIRECTION
PROPOSED LEGAL DESCRIPTION:
REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 11 OF TRACT NO. 1026, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 12, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BEING A RE-SURVEY OF SAID TRACT NO. 1026 SHOWING CORRECTIONS OF BEARINGS AND DISTANCES.
TOGETHER WITH THAT PORTION OF LOT 10 OF SAID TRACT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 10, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 10 NORTH
27°43'58" EAST 57.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE NORTH
27°43'58" EAST 12.00 FEET; THENCE PERPENDICULAR TO SAID SOUTHEASTERLY LINE NORTH 62°16'02" WEST 4.00 FEET; THENCE
PARALLEL TO SAID SOUTHEASTERLY LINE SOUTH 27°43'58" WEST 12.00 FEET; THENCE PERPENDICULAR TO SAID SOUTHEASTERLY
LINE SOUTH 62°16'02" EAST 4.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.168 ACRES
PARCEL 2:
LOT 10 OF TRACT NO. 1026, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 12, PAGE 35 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BEING A RE-SURVEY OF SAID TRACT NO. 1026 SHOWING CORRECTIONS OF BEARINGS AND DISTANCES.
EXCEPTING THEREFROM THAT PORTION OF LOT 10 OF SAID TRACT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 10, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 10 NORTH
27°43'58" EAST 57.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE NORTH
27°43'58" EAST 12.00 FEET; THENCE PERPENDICULAR TO SAID SOUTHEASTERLY LINE NORTH 62°16'02" WEST 4.00 FEET; THENCE
PARALLEL TO SAID SOUTHEASTERLY LINE SOUTH 27°43'58" WEST 12.00 FEET; THENCE PERPENDICULAR TO SAID SOUTHEASTERLY
LINE SOUTH 62°16'02" EAST 4.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.170 ACRES
SHEET 1 OF 1
S
T
ATE
OF CAL I F O R NIA
PAUL
D O M INICK
C
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A
FT
Exp. 12/31/26
No. 8516PROFESSIONALLAND
S
U
R
V
EYOR
OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS
REFERENCE NUMBERS
_______________________________________________
PAUL D. CRAFT, P.L.S. 8516,
LICENSE RENEWAL DATE: 12/31/26
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2025-0036
OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS
REFERENCE NUMBERS
EXHIBIT " A "
14
N
2
7
°
4
3
'
5
8
"
E
14
1
.
3
2
'
N
2
7
°
4
3
'
5
8
"
E
14
0
.
7
1
'
N
2
7
°
4
3
'
5
8
"
E
1
3
7
.
7
3
'
N57°31'32"W
104.84'
N61°33'09"W56.93'
52.00'
4.93'
Δ 10°21'00"
R=265.00'
L=47.87'
57
.
0
0
'
TRUE POINT
OF BEGINNING
POINT OF
BEGINNING
7
2
.
3
2
'
L1
L3
LOT 10
LOT 11TRACT NO.
1026
M.M. 33/37-38
R.S.B. 12/35
OCEAN BOULEV
A
R
D
LOT A
L
O
T
1
2
L
O
T
9
52.66'
52.18'
BREAKERS DRIVE
TO IRIS AVENUE
L2
L4
EXHIBIT " B "
(MAP)
THIS MAP HAS BEEN PREPARED BY ME
OR UNDER MY DIRECTION
SHEET 1 OF 1
S
T
ATE
OF CAL I F O R NIA
PAUL
D O M I NICK
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Exp. 12/31/26
No. 8516PROFESSIONALLAND
S
U
R
V
E
YOR
LINE LEGEND
EXISTING BOUNDARY LINE TO REMAIN
EXISTING BOUNDARY LINE TO BE REMOVED
NEW PARCEL LINE
Line Table
Line #
L1
L2
L3
L4
Direction
N27°43'58"E
N62°16'02"W
S27°43'58"W
S62°16'02"E
Length
12.00'
4.00'
12.00'
4.00'
__________________________________
PAUL D. CRAFT, P.L.S. 8516,
LICENSE RENEWAL DATE: 12/31/26
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2025-0036
OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS
REFERENCE NUMBERS
15
N2
7
°
4
3
'
5
8
"
E
1
4
1
.
3
2
'
N
2
7
°
4
3
'
5
8
"
E
14
0
.
7
1
'
N
2
7
°
4
3
'
5
8
"
E
13
7
.
7
3
'
N57°31'32"W
104.84'
N61°33'09"W56.93'
52.00'
4.93'
Δ 10°21'00"
R=265.00'
L=47.87'
57
.
0
0
'
TRUE POINT
OF BEGINNING
POINT OF
BEGINNING
72
.
3
2
'
L
1
L
3
LOT 10
LOT 11TRACT NO.
1026
M.M. 33/37-38
R.S.B. 12/35
OCEAN BOULEV
A
R
D
LOT A
L
O
T
1
2
L
O
T
9
52.66'
52.18'
BREAKERS DRIVE
TO IRIS AVENUE
L2
L4
L
1
L2
L4
L3
SPA
EX
I
S
T
I
N
G
R
E
S
I
D
E
N
C
E
SEE DETAIL "A"
DETAIL "A"
1"=10'
6.8'
7.0'
0.
4
'
2.2'
4.
1
'
TRUE
POINT OF
BEGINNING
EXHIBIT " C "
(MAP)
THIS MAP HAS BEEN PREPARED BY ME
OR UNDER MY DIRECTION
SHEET 1 OF 1
S
T
ATE
OF CAL I F O R NIA
PAUL
D O M INICK
C
R
A
FT
Exp. 12/31/26
No. 8516PROFESSIONALLAND
S
U
R
V
E
YOR
LINE LEGEND
EXISTING BOUNDARY LINE TO REMAIN
EXISTING BOUNDARY LINE TO BE REMOVED
NEW PARCEL LINE
Line Table
#
L1
L2
L3
L4
Direction
N27°43'58"E
N62°16'02"W
S27°43'58"W
S62°16'02"E
Length
12.00'
4.00'
12.00'
4.00'
__________________________________
PAUL D. CRAFT, P.L.S. 8516,
LICENSE RENEWAL DATE: 12/31/26
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LA 2025-0036
OWNERS EXISTING PARCEL NUMBER PROPOSED PARCELS
REFERENCE NUMBERS
8.8'
9.0'
16
From: Jim Mosher <jimmosher@yahoo.com>
Sent: July 23, 2025 10:00 AM
To: CDD
Subject: Comments on ZA Item 2 (7/24/2025 meeting)
Regarding Item 2 ( Breakers Drive Lot Line Adjustment, PA2025-0036) on the July 24,
2025, Newport Beach Zoning Administrator agenda:
As I likely commented when this item was twice previously on the agenda, I believe
more explanation is needed for the "fact' in Section 1.4 of the resolution concluding "The
Project does not require a Coastal Development Permit, as it does not result in a
change to the density or intensity of the properties and is therefore not considered
development under the definition of development provided in Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code (NBMC)."
With exception of a typo ("another" in place of "any other") and the omission of a final
clause including "timber operations," I believe the definition of "development" in NBMC
Subsection 21.70.020.D is identical that found in California Public Resources Code
Section 30106.
This Project seeks approval of a lot line adjustment, and that lot line adjustments are
development under these definitions was decided by the California Court of Appeals
in La Fe, Inc. v. County of Los Angeles (1999) 73 Cal.App.4th 231. In that case, which
involved a lot line adjustment referred to the Coastal Commission by the County of Los
Angeles, the court found that even though the Commission had found the proposed
adjustment "changed the density and intensity of the use of the land," that was not
necessary to conclude the adjustment was "development" under the Coastal
Act. According to the La Fe, Inc. court: "A lot line change constitutes a "division of land."
The key point is that section 30106 applies to a "division of land" and such occurred
here." The NBMC Title 21 definition of "development" also includes "division of land"
(albeit with the typo of "another" in place of "any other').
Subsequent appeals court rulings regarding what constitutes development under the
Coastal Act, such as Gualala Festivals Committee v. California Coastal Com'n (2010)
183 Cal. App. 4th 60, cite La Fe, Inc for the proposition that "lot line adjustment is
development."
Again, the question is not whether the Project "results in a change to the density or
intensity of the properties" (even though it might be argued it does), but rather whether a
lot line adjustment
is a "division of land."
If the Planning Division has reason to believe that La Fe, Inc conclusion regarding that
question is no longer good law, or that this particular lot line adjustment is, for some
reason, not a "division of land," it would be helpful to cite its source.
In the absence of that, while I don't believe there are likely to be any Coastal Act issues
with the present proposal, I don't think the possibility that there could be can be
dismissed with a seemingly incorrect assertion that the Project does not fit the Act's and
the NBMC's definition of "development."
-- Jim Mosher
Zoning Administrator - July 24, 2025 Item No. 2a - Additional Materials Received Breakers Drive Lot Line Adjustment (PA2025-0036)