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HomeMy WebLinkAboutZA2026-012 - APPROVING A CONDOMINIUM CONVERSION, TENTATIVE PARCEL MAP, AND COASTAL DEVELOPMENT PERMIT FOR TWO-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 3036 BREAKERS DRIVE AND 3047 OCEAN BOULEVARD (PA2025-0144)Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL February 27, 2026 Attn: Jason Bartusick jason@bartusick.com Subject: Coastal Development Permit, Condominium Conversion, Tentative Parcel Map (PA2025-0144) 3036 Breakers Drive and 3047 Ocean Boulevard 3036 Breakers LLC, Residential Condominiums Dear Mr. Bartusick, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on February 26, 2026 and is now within the required City appeal period until March 12, 2026. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ____________________________ Laura Rodriguez, Assistant Planner cc: Gregg Ramirez gbrplanning@outlook.com RESOLUTION NO. ZA2026-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDOMINIUM CONVERSION, TENTATIVE PARCEL MAP, AND COASTAL DEVELOPMENT FOR TWO-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 3036 BREAKERS DRIVE AND 3047 OCEAN BOULEVARD (PA2025-0144) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by property owners Jason Bartusick and Jennifer Bartusick (Applicant) concerning property located at 3036 Breakers Drive and 3047 Ocean Boulevard and legally described as Lot 4 of Tract Map No. 1026 (Property). 2. The Applicant requests a condominium conversion and tentative parcel map to convert an existing duplex into two residential condominiums and allow an airspace subdivision of the units for individual sale. The Property is currently developed with two detached, two-story dwelling units. The unit addressed as 3036 Breakers Drive is under renovation pursuant to building permit no. XR2024-0792 to meet condominium standards while the unit addressed as 3047 Ocean Boulevard was originally constructed in accordance with condominium standards. No waivers of Title 19 (Subdivisions) of the Newport Beach Municipal Code (NBMC) are proposed. A coastal development permit (CDP) is required because the Property is in the coastal zone (Project). 3. The Property is categorized as Two Unit Residential (RT) by the General Plan Land Use Element and is located within the Two-Unit Residential (R-2) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential (RT-C) (10.0-19.9 DU/AC) and it is located within the Two-Unit Residential (R-2) Coastal Zoning District. 5. A public hearing was held on February 26, 2026, online via Zoom. A notice of the 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) under Sections 15301, Division 6, Chapter 3 Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2026-012 Page 2 of 12 2. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. In this case, the Project will convert an existing duplex into residential condominiums and. improvements are limited to remodeling, with no expansion or intensification of use. Therefore, the Class 1 exemption is applicable. SECTION 3. REQUIRED FINDINGS. Condominium Conversion In accordance with Section 19.64.070 (Standards for Condominium Conversions) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The minimum number and the design and location of off-street parking spaces shall be provided in conformance with the provisions of the off -street parking regulations contained within Title 20 of this Code, in effect at the time of approval of the conversion. Fact in Support of Finding: 1. The Project is located on a sloping property between Breakers Drive and Ocean Boulevard. The unit addressed as 3036 Breakers Drive is located on the lower level of the property and is also developed with two separate attached garages that are intended to serve each unit. 2. Pursuant to NBMC 20.40.040 (Off-Street Parking Spaces Required) a two-unit dwelling is required to provide four parking spaces. The parking configuration for each unit may consist of one parking space in a garage and one parking space covered or in a garage. The minimum interior parking dimensions required for single car/tandem parking are 10 feet wide by 20 feet deep (35 feet deep tandem) and 20 feet wide by 20 feet deep for a two-car garage per NBMC 20.40.090 (Parking Standards for Residential Uses). In this case, the garage serving 3047 Ocean Boulevard consists of a two-car tandem parking configuration and the garage serving 3036 Breakers, allows parking for two vehicles, side by side. The four parking spaces meet the number of spaces and interior parking dimensions as required (two per unit) per NBMC Chapter 20.40 (Off-Street Parking). Finding: B. Each dwelling unit within a building shall have a separate sewer connection to the City sewer. Fact in Support of Finding: 1. A special inspection was completed on November 26, 2025, by the City’s Building Division. The special inspection and subsequent report, henceforth referred to as the Zoning Administrator Resolution No. ZA2026-012 Page 3 of 12 special inspection report, confirmed that both units are served by separate sewer connections. Finding: C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line. Fact in Support of Finding: 1. The special inspection report confirmed that there is an approved cleanout installed at the property line for each sewer lateral. Additionally, Condition of Approval No. 13 requires each unit maintain separate sewer laterals and cleanouts. Finding: D. Each unit shall maintain a separate water meter and water meter connection. Fact in Support of Finding: 1. The special inspection report confirmed that each unit is served by its own water meter and piping. Additionally, Condition of Approval No. 7 requires each unit shall maintain separate water connections. Finding: E. The electrical service connection shall comply with the requirements of Chapter 15.32 (Underground Utilities) of the Newport Beach Municipal Code. Fact in Support of Finding: 1. The existing duplex was constructed with an electrical service connection that was determined to be in compliance with the requirements of the NBMC Chapter 15.32 (Underground Utilities). Finding: F. The applicant for a condominium conversion shall request a special inspection from the Building Division for the purpose of identifying any building safety violations. The applicant shall correct all identified safety violations prior to the approval of a fina l map for the condominium conversion. Fact in Support of Finding: 1. The special inspection report noted that the unit addressed as 3036 Breakers Drive does not fully comply with the minimum standards of the uniform housing code adopted by the City at this time. The unit is under renovation pursuant to building permit no. XR2024- Zoning Administrator Resolution No. ZA2026-012 Page 4 of 12 0792 to upgrade and correct any deficiencies. Condition of Approval No. 2 requires the Applicant to correct all identified safety violations prior to approval of the final parcel map. Additionally, the Applicant is also required to have a second special inspection report to verify that the unit meets the minimum standards of the uniform housing code adopted by the City. 2. There is an open building permit, XR2023-1365, for the unit addressed as 3047 Ocean Boulevard. XR2023-1365 permitted a 440-square-foot addition and a 500-square-foot interior remodel. It is pending final inspection. However, no violations were noted for this unit in the special inspection report. Finding: G. Permanent lot stakes and tags shall be installed at all lot corners by a licensed surveyor or civil engineer unless otherwise required by the City Engineer. Fact in Support of Finding: 1. Condition of Approval No. 9 requires the installation of permanent lot stakes prior to the recordation of the final parcel map. Finding: H. For residential conversions, the project shall be consistent with the adopted goals and policies of the General Plan, particularly with regard to the balance and dispersion of housing types within the City. Facts in Support of Finding: 1. The Property is categorized as RT by the Land Use Element of the General Plan. The existing duplex is consistent with the RT land use category, which is intended to provide areas appropriate for the development of two-unit dwelling units such as duplexes and townhomes. Therefore, the Project is consistent with the adopted goals and policies of the Land Use Element and other Elements of the General Plan. 2. The Project involves a two-unit dwelling being converted into residential condominiums for individual sale. The density will not be affected. Finding: I. The establishment, maintenance, or operation of the use or building applied for shall 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 neigh borhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Zoning Administrator Resolution No. ZA2026-012 Page 5 of 12 Fact in Support of Finding: 1. The Project will convert an existing duplex into residential condominiums for individual sale. The Project is not anticipated to negatively impact surrounding landowners and will not in itself be detrimental to the health, safety, peace, comfort, and general welfare of people residing or working in the neighborhood . Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the following findings are set forth: Finding: J. The proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Property is categorized as RT by the Land Use Element of the General Plan . The tentative parcel map is for two-unit residential condominium purposes. The special inspection report demonstrates that the existing duplex does not meet current condominium requirements since one of the units, 3036 Breakers Drive, is under renovation. However, the proposed subdivision and improvements are consistent with the density of the RT General Plan Land Use category. Additionally, Condition of Approval No. 2 requires the Applicant to correct all identified safety violations prior to the approval of the final map. 2. The Property is not located within a specific plan area. Finding: K. The site is physically suitable for the type and density of development. Facts in Support of Finding: 1. While the lot features a substantial downslope from Ocean Boulevard to Breakers Drive, the Property is physically suitable for a duplex and has been developed with a duplex since 1965. 2. The Property is accessible by pedestrians from Ocean Boulevard. Vehicular access is currently available from Breakers Drive and will not change as a result of the Project. Zoning Administrator Resolution No. ZA2026-012 Page 6 of 12 Finding: L. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The Property is located in a developed residential area. While the Property is abutting Corona del Mar State Beach, the Property that does not contain any sensitive vegetation or habitat on-site. The Property is also not considered one of the twenty -eight Environmental Study Areas within the City. 2. The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines. The key consideration of Class 1 is whether the Project involves a negligible or no expansion of use. In this case, the Project will not increase the density of the Property and will not create a significant effect on the environment. Finding: M. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. Fact 1 in Support of Finding I is hereby incorporated by reference. 2. All improvements associated with the Project shall comply with the applicable Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the Applicant per Section 19.28.010 (General Improvement Requirements) of the NBMC and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval shall be complied with. Finding: N. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision -making body may approve a map if it finds that alternate easements, for access or use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the Zoning Administrator Resolution No. ZA2026-012 Page 7 of 12 public. This finding shall apply only to easements of record or to easements established by the judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easement s for access through or use of property within a subdivision. Fact in Support of Finding: 1. There are no existing public easements located on the Property. Finding: O. The subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The Property is not subject to the Williamson Act because they are not designated as an agricultural preserve and are less than 100 acres in area. 2. The Property is developed for residential use and located in the R-2 Zoning District, which permits residential use. Finding: P. In the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision -making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support in Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land. 2. The Property is not located within a specific plan area. Finding: Q. Solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Zoning Administrator Resolution No. ZA2026-012 Page 8 of 12 Fact in Support of Finding: 1. The Project and any future improvements are subject to Title 24 of the California Building Code which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The City’s Building Division enforces Title 24 compliance through its plan check and inspection process. Finding: R. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. Fact in Support of Finding: 1. The Project is consistent with the R-2 Zoning District, which allows up to two dwelling units on the Property. No changes are proposed to the number of units on the Property. Therefore, the Project will not affect the City in meeting its regional housing n eeds. Finding: S. The discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: 1. As conditioned, wastewater discharge into the existing sewer system shall comply with the Regional Water Quality Control Board (RWQCB) requirements. Finding: T. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: 1. The Property is located within the coastal zone. Therefore, a CDP is required in conjunction with the proposed tentative parcel map and condominium conversion application. The Project complies with the certified Local Coastal Program (LCP) and public access and recreation policies of Chapter 3 of the Coastal Act. 2. Facts in support of Findings U and V for the CDP are hereby incorporated by reference. Zoning Administrator Resolution No. ZA2026-012 Page 9 of 12 Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings, and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: U. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Property is developed with an existing duplex. While the Project is not proposing new construction, a CDP is required pursuant to Section 21.52.035.2(G) (Projects Exempt from Coastal Development Permit Requirements – Other Existing Structures) of the NBMC, because the subdivision is considered “development” as defined in Chapter 21.70 (Definitions) of the NBMC. 2. The Project will convert an existing duplex into two residential condominiums. The existing development conforms to all applicable development standards, including floor area limit, setbacks, height, and off-street parking. The Project is also consistent with the density of the R-2 Coastal Zoning District. Finding: V. Conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Property is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. While the Property is abutting Corona del Mar State Beach, public recreation and access to the beach is available from the Corona del Mar Main Beach ramp, which is accessible from Ocean Boulevard. This ramp will not be affected by this Project. The Project will not involve a change in land use, density or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the Property was designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existi ng public access opportunities within proximity of the Property. 2. The Property is approximately 515 feet north of the ocean. The Property is abutting Ocean Boulevard, which is identified as a Public View Road, and identifies three public viewpoints. The first public viewpoint, Lookout Point, is approximately 630 feet west of the Property. The second public viewpoint is approximately 640 feet east of the Property. Lastly, the third public viewpoint, Inspiration Point , is approximately 1,260 Zoning Administrator Resolution No. ZA2026-012 Page 10 of 12 feet east of the Property. The Project will not affect public views since it is not directly abutting these three viewpoints. While the roofline of the existing duplex may be visible from these viewpoints, the Project is not proposing additional floor area or raising the structural height of the building that would obstruct these public viewpoints. Therefore, existing views of the water would not be affected as a result of the Project. 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 under Sections 15301 under Class 1 (Existing Facilities) 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 the condominium conversion, tentative parcel map, and coastal development permit filed as PA2025-0144 subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. The action for the coastal development permit shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or a call for review is filed with the Community Development Director by the provisions of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. 4. This action for the tentative parcel map 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 by the provisions of Title 19 (Subdivisions), of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF FEBRUARY, 2026. Zoning Administrator Resolution No. ZA2026-012 Page 11 of 12 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 2. The Applicant is required to correct all identified safety violations prior to approval of a final map for the condominium conversion. 3. The Applicant shall obtain a building permit for the condominium conversion. The building permit for the condominium conversion shall not receive final inspection until after the recordation of the parcel map. 4. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this approval. 5. 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) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. 6. 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 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 3036 Breakers, LLC Residential Condominiums including, but not limited to, Condominium Conversion, Tentative Parcel Map, and Coastal Development Permit filed as PA2025-0144. 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 the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Zoning Administrator Resolution No. ZA2026-012 Page 12 of 12 Building Division 7. The Project shall maintain separate utilities (water, electrical and gas). Public Works Department 8. A parcel map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 9. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prio r to completion of construction project. 10. All improvements shall be constructed as required by Ordinance and the Public Works Department. 11. An encroachment permit shall be required for all work activities within the public right - of-way. 12. The decorative sidewalk within the Ocean Boulevard right of way shall be removed and a standard concrete sidewalk per City Standard 180 shall be installed. 13. Each unit shall maintain its individual water service/meter and sewer lateral/cleanout. 14. Prior to the recordation of the Final Parcel Map, the Applicant shall process and obtain a waiver of City Council Policy L-6 from the Planning Commission for the non-compliant stairs, railings, planters, and chains located within the Ocean Boulevard right-of way; or all non-compliant improvements shall be removed within the Ocean Boulevard right-of- way. 15. In case of done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way shall be required at the discretion of the Public Works Inspector.