HomeMy WebLinkAbout02_Staff Report_3811 River Ave, X2018-0369
CITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT May 25, 2023 Agenda Item No. 2
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: XR2023-0381, XR2023-0379, XR2023-0374, XR2023-0375, XR2023-0377 SITE LOCATION: 3811 River Avenue APPLICANT: Mike DeClark PROPERTY OWNER: Jeff Barrett
BUILDING INSPECTOR: Jason Rudenick
PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov
PROJECT SUMMARY
The scope of work for the permit is for INTERIOR REMODEL AND REROOF OF A SINGLE-FAMILY DWELLING. The applicant intends to request an extension until November 30, 2023, to complete the construction.
BUILDING PERMIT HISTORY This project first started with Permit X2018-0369 issued on 02/07/2018 with subsequent
permits that has since expired. Referenced permits above are subject to Newport Beach
Municipal Code 15.02.095 with initial three-year construction limit expiration date of May
31, 2023.
Permit XR2023-0381 replaces expired permit X2018-0369 issued on 02/07/2018 for
interior remodel and reroof.
Permit XR2023-0379 replaces expired permit X2018-0734 issued on 03/14/2023 to
remove and place exterior sidings of entire house.
Permit XR2023-0374 replaces expired permit X2020-1786 issued on 09/04/2020 for
additional scope to add stairs.
Permit XR2023-0375 replaces expired permit X2019-2388 issued on 09/24/2019 for
additional scope to add 400 sq. ft. roof deck.
Permit XR2023-0377 replaces expired permit X2018-1919 issued on 06/21/2019 to infill
2nd floor Foyer area, enclosed existing balcony at rear (+238 sq. ft), and interior remodel.
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The initial permit was issued on 02/07/2018.
The first inspection was on 02/08/2018.
The last inspection was on 05/10/2023.
Please refer to Attachment 1 for detailed permit history.
Notice of pending Three-Year Construction Limit expiration sent on 03/30/2022.
Please refer to Attachment 2 for detailed notice.
BUILDING OFFICIAL EXTENSION
The chief building official granted first extension for a three-year construction time limit on
May 26, 2022, and second extension on February 13, 2023, with expiration date of May 31, 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 dayextension, 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 bycircumstances beyond the property owner, applicant, or the contractor’s control. Ifthe officer makes the findings to grant an extension, then the officer shall considerwhether conditions are necessary to ensure the timely completion of the project ina manner that limits impacts to the surrounding property owners. The hearing
officer shall deny the application if they cannot make the findings set forth inNewport 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 ExtensionAttachment No. 4 – Public Comments
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Attachment No. 1
Building Inspection History
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Attachment No. 2
Notices of Pending Permit Expiration
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Attachment No. 3
Building Official Extension
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Attachment No. 4
Public Comments
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Schank, Deborah
Subject:FW: 3811 River Ave. Permit extension (Hearing 5/25 @ 11:30 a.m.)
‐‐‐‐‐Original Message‐‐‐‐‐
From: Lori Morris <lorirmorris@gmail.com>
Sent: May 10, 2023 5:20 PM
To: Thai, Tonee <tthai@newportbeachca.gov>
Subject: Re: 3811 River Ave. Permit extension
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello Mr. Thai,
I was given your email address in regards to the ongoing remodel of 3811 River Ave.
Most of my neighbors work at the time this meeting will take place so we will be sending emails for you to review.
December 2017, this “remodel” began without a city permit, which resulted in a “Stop Work” notice, this speaks
volumes about the progress so far.
My husband and I have lived on 39th St. For over 30 years and have watched as many of our neighbors either remodeled
their homes or did a complete tear down and rebuild many homes around us. None, have ever taken over 5 1/2 years to
complete, in fact most are done in quick fashion and without complaints from neighbors. None have received as many
renewals of expired work permits or violations as 3811 River Ave.
I feel this property owner has no regard for the peace and quiet enjoyment of our neighborhood. This in fact has played
out with having no parking plan for numerous different trades, weeks of absolutely no work at all being done at said
property, not keeping the property clean and safe (see notice of just one of those violations), pages and pages of
permits for work that have expired and been renewed numerous times and as I’ve stated before, the stop work notices
and violations attached to this remodel.
One example is this past Friday May 5th. 2023, 2 men without and delineator’s, cones, vests, or flag person, began saw
cutting through 39th St. Without notice and to my knowledge without permits. Thankfully the city responded and
stopped them before they completely tore up the street to break into our city sewer line.This was not an emergency as
no one lives at 3811 River Ave.
Once again operating outside the norms of of city code and public works.
Please, look back through the numerous pages of all permits and violations attached to this remodel and do not, yet
again, extend the time to finish.
I believe November 30th, 2023 will come and go as all other expiration dates previously, and this project will not be
finished.
Thank You in advance,
Robert and Lori Morris
Sent from my iPhone
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