Edwin C. Kisiel, Esq.
1205 Victory Walk
Laguna Beach, CA 92651
(949) 549-9650
[email protected]
November 17, 2025
City of Laguna Beach
City Council
Attn: Ann McKay
505 Forest Avenue
Laguna Beach, CA 92651
Re: Public Comment – DR Efficiency Ordinance – Lot Line Adjustment Code
Dear City Council:
I am reaching out to recommend further amendment to Laguna Beach Municipal Code (L.B.M.C.) § 21.08.030, Lot Line Adjustment, in order to reduce the City’s litigation exposure, as part of the Design Review Efficiency Ordinance under discussion at the November 18, 2025 meeting. There is significant litigation exposure due to how the current LBMC § 21.08.030 is drafted in conflict with state law, a fact that has been recognized multiple times by City Council on recent occasions.
The way the current LBMC § 21.08.030 is drafted, it imposes requirements in excess of what is permitted under the Subdivision Map Act, including Gov. Code § 66412(d). Gov. Code § 66412(d) applies to “lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency.”
Laguna’s Lot Line Adjustment Code is Inconsistent with State Law Cal. Gov. Code § 66412(d) requires that for lot line adjustments, “A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances” (emphasis added). Second, recognizing that exaction of impact fees or conditions on approval of a project can rise to the level of an unconstitutional Fifth Amendment taking of property, “An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements” (emphasis added). See also, Nollan v. Cal.
Coastal Comm., 483 U.S. 825, 837 (1987) (stating that “unless the permit condition serves the same governmental purpose as the development ban, the building restriction is not a valid regulation of land use but ‘an out-and-out plan of extortion’”). Finally, under Cal. Gov. Code § 2 66412(d), “No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment.”
Under LBMC § 21.08.030, last amended in 1991 (well before the date of the 2016 letter), “a lot line adjustment between two or more existing building sites, or between parcels of land contained within an existing building site, where the land taken from one building site is added to an adjacent building site, or where interior parcel lines are eliminated for the purpose of consolidation, and where a greater number of parcels than originally existed is not thereby created” is exempt from requirements for subdivision maps provided that the action is approved by City Council, observing nine specific requirements. The first requirement is that “[t]he project site described in the proposal consists of legal building sites.” As explained below, this building site requirement is inconsistent with and in violation of state law.
City Council’s Recognition of the Inconsistency with State Law City Council has recognized the inconsistency, and in the recent past, disregarded the requirement that a lot line adjustment be between only building sites as inconsistent with and superseded by state law. One recent example is the 2023 action (Lot Line Adjustment 2023- 0323) for 2900 and 2920 Alexander Road in Laguna Beach. That action proposed to combine two lots designated as a building site with a lot designated as a non-building site. The staff report contained the following discussion, informed by consultation with the City Attorney, which was adopted by the City Council’s Resolution 23.060 approving that lot line adjustment:
Pursuant to Laguna Beach Municipal Code (LBMC), Section 21.08.030(a) specifies that in addition to other requirements, a lot line adjustment application is required to "consist of legal building sites as defined in Title 25 of the Municipal Code." However, the California Subdivision Map Act, which governs lot line adjustment applications, provides that a lot line adjustment is available for "four or fewer existing adjoining parcels" (Government Code Section 66412(d); emphasis added). Also, as confirmed by the City Attorney, California courts have held that local governments cannot impose requirements on lot line adjustments in excess of what is provided by the Subdivision Map Act. That is, the Subdivision Map Act supersedes conflicting provisions of municipal ordinances. In this regard, the Subdivision Map Act does not require that the parcels subject to a lot line adjustment application be legal building sites.
The Subdivision Map Act compels the City to process the proposed lot line adjustment application without regard to the building site status of the affected parcels. However, the Subdivision Map Act specifies that conditions or exactions may be imposed "to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances."
Pursuant to Municipal Code Section 21.08.030 and in accordance with Government Code Section 66412(d) and other applicable laws, lot line adjustments are exempt from the requirements of the Subdivision Map Act, provided that the City Council approves the adjustment and observes the following requirements:
a) The project site described in the proposal consists of legal building sites as defined in Title 25 (Zoning) of this code. As indicated above, this provision of the Municipal Code, 3 which restricts lot line adjustment applications to parcels that are building sites, is inconsistent with and preempted by the Subdivision Map Act, and, therefore, does not apply. (emphasis added)
The City Council took the same approach in two other recent lot line adjustment actions.
This includes approval of Lot Line Adjustment 21-10961 for 1202 Noria, to merge a nonbuilding site with a building site. The City’s staff report acknowledged that “[t]he subject property consists of one legal building site and one non-building site. The proposed lot combination conforms to the required findings for lot combinations.” This was approved by City Council resolution 22.070. Also, the City Council approved Lot Line Adjustment 20-7681 for 741 Barracuda, to merge a non-building site with a building site. The City’s staff report also indicated that the “provision of the Municipal Code, which restricts lot line adjustment applications to parcels that are building sites, is inconsistent with and preempted by the Subdivision Map Act, and therefore does not apply.” Furthermore, in these approvals, the City Council had expressed a position that it would remove the offending building site prerequisite in forthcoming revisions to the Municipal Code. The Design Review Efficiency Ordinance provides City Council with the perfect vehicle to accomplish this.
Recent Litigation
This inconsistency with state law has resulted in recent litigation and will continue to present a litigation risk until the inconsistency is corrected. In October 2025, the City settled the case of Winner v. City of Laguna Beach, Case No. 30-2025-01503637-CU-WM-WJC with a landowner who applied for a lot line adjustment. This lawsuit alleged that the City’s application of the offending building site requirement to a proposed lot line adjustment in conjunction with a housing development project currently before the Design Review Board was a violation of state law. Unless the City Council takes action to modify LMBC 21.08.030 in alignment with state law by removing the building site prerequisite for lot line adjustments, the City is at significant risk from future litigation.
Conclusion
Implementing the recommended amendment to LBMC § 21.08.303 to remove the building site prerequisite for lot line adjustments as part of the Design Review Efficiency Ordinance would bring Laguna Beach into compliance with state law, reducing significant litigation exposure. I may be reached at [email protected] or (949) 549-9650 for further discussion on this matter. Thank you for your consideration of my comments and recommendation.
Kind regards,
Edwin C. Kisiel, Esq.