Chapter 19.76 — LOT LINE ADJUSTMENTS

This chapter is intended to allow for lot line adjustments. A lot line adjustment for purposes of this chapter is 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. (Ord. 2009-30 § 1 (Exh. 1 § 9 (part)), 2009)

A. Application. An application for a lot line adjustment shall be filed in accordance with the requirements contained in Title 20 of this Code relating to the filing of an application. The owners of the fee interest of all parcels involved shall sign the application form.

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

C. Community Development Department Review. An application for a lot line adjustment
shall be initially reviewed by the Community Development Department in accordance with
Title 20 of this Code.

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

E. Street Frontage Orientation. An application filed for a lot line adjustment that proposes a
change in the street frontage and/or orientation of any lot shall require the concurrent filing
of a zone change application to establish appropriate street side setbacks deemed to be
compatible with those of adjacent properties, and shall be subject to notice and public
hearing by the Planning Commission and the City Council. In approving or conditionally
approving such lot line adjustment application and zone change, the Planning Commission
and City Council shall make required findings as set forth below.

F. 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 applicable to lot line adjustments and the
Zoning Administrator as set forth in Section 19.12.050.

G. Public Hearings. Lot line adjustments shall require a public hearing. Procedures for
noticing and conduct of hearings shall be in accordance with Title 20 of this Code.

H. 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.

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City of Newport Beach, CA § 19.76.020 NEWPORT BEACH CODE § 19.76.020

I. Required Findings. In approving, conditionally approving, or denying a lot line adjustment,
the Zoning Administrator, Planning Commission and/or the City Council shall make the
following findings:

1. 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 this title.

2. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.

3. 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.

4. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a
result of the lot line adjustment.

5. 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.

6. That the final configuration of a reoriented lot does not result in any reduction of the
street side 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 side setbacks for the reoriented lot. The Planning Commission and City Council
in approving the zone change application shall determine that the street side setbacks
are appropriate, and are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks.

J. Conditions of Approval. The Zoning Administrator, Planning Commission, and/or the City
Council may condition a lot line adjustment 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.

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

L. Effective Date, Appeals, and Calls for Review. Decisions on lot line adjustments shall not
become effective for ten (10) days after being granted. Appeals or calls for review shall be
made in accordance with the provisions for appeal or call for review of tentative parcel
maps, as set forth in Section 19.12.060. 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. The lot line
adjustment shall only become effective when the lot line adjustment instrument specifying
the owners of the fee interest and particularly describing the real property is approved by
the City in writing and the instrument is filed for recordation with the County Recorder.

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City of Newport Beach, CA § 19.76.020 SUBDIVISIONS § 19.76.020

M. 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.

N. Expiration and Amendments. Expiration of and amendments to lot line adjustment
approvals shall be in accordance with Sections 20.93.050 and 20.93.055.
(Ord. 2009-30 § 1 (Exh. 1 § 9 (part)), 2009; Ord. 2013-11 §§ 205—208, 2013; Ord. 2015-9
§ 44, 2015)

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City of Newport Beach, CA § 19.80.010 SUBDIVISIONS § 19.80.020