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HomeMy WebLinkAbout01_Staff Report_410 Via Lido Nord_X2019-0033 CITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT May 25, 2023 Agenda Item No. 1 SUBJECT: Three-Year Construction Time Limit Extension in Accordance with Newport Beach Municipal Code (NBMC) 15.02.095 (Addition of Sections 105.3.3, 105.3.4 and 105.3.5), Section 105.3.4, Item 2 PERMITS: X2019-0033, X2021-2124, XR2022-2351, XR2023-0555 SITE LOCATION: 410 Via Lido Nord APPLICANT: Jeff Miller PROPERTY OWNER: 410 VIACON LLC BUILDING INSPECTOR: Marshall Shelton PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov» PROJECT SUMMARY: The scope of work for the permit is for a NEW 3,107 SQ. FT. SINGLE- FAMILY DWELLING WITH ATTACHED 400 SQ. FT. GARAGE. BUILDING PERMIT HISTORY: Permit X2021-2124 replaces permit X2019-0033 due to change of contractor. Permit XR2022-2351 issued on 09/01/2022 for additional scope of work added for firepit, heaters, and kitchenette at roof deck. Permit XR2023-0555 issued on 03/09/2023 for added site retaining wall. The original permit was issued on January 3, 2019. The first inspection was on March 30, 2021. The last inspection was on April 21, 2023. Please refer to Attachment 1 for detailed permit history. Notice of pending 3-Year Construction Limit expiration were sent on March 30, 2022. Please refer to Attachment 2 for detailed notice. 1 BUILDING OFFICIAL EXTENSION The chief building official granted an extension for a three-year construction time limit on April 20, 2023, with expiration date of June 1, 2023. (Attachment 3) RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; 3) The hearing officer may grant, or conditionally grant, up to a 180-calendar day extension, per application for extension, if the officer finds special circumstances warrant an extension of time, or the failure to meet the time limit was caused by circumstances beyond the property owner, applicant, or the contractor’s control. If the officer makes the findings to grant an extension, then the officer shall consider whether conditions are necessary to ensure the timely completion of the project in a manner that limits impacts to the surrounding property owners. The hearing officer shall deny the application if they cannot make the findings set forth in Newport Beach Municipal Code Section 15.02.095 (Addition of Sections 105.3.3, 105.3.4, and 105.3.5). PUBLIC NOTICE Notice of this 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. Attachments: Attachment No. 1 – Building Permit History Attachment No. 2 – Notices of Pending Permit Expiration Attachment No. 3 – Building Official Extension 2 3 4 5 Attachment No. 1 Building Inspection History 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Attachment No. 2 Notices of Pending Permit Expiration 79 80 81 82 83 84 85 86 87 88 89 Attachment No. 3 Building Official Extension 90 91 92 93 94 95 96 97 98 99 100 101 102 103