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HomeMy WebLinkAbout01_ 06-28-23 Staff Report_1119 Dolphin Terrace_X2019-1576 CITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT June 28, 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: X2022-1551, X2022-1552 and X2022-1576 SITE LOCATION: 1119 Dolphin Terrace APPLICANT: Narendra Gupta PROPERTY OWNER: Dolphin LLC BUILDING INSPECTOR: Marshall Shelton, Sr. Building Inspector PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov PROJECT SUMMARY NEW 9,476 SF SINGLE-FAMILY DWELLING WITH BASEMENT AND ATTACHED 835 SF GARAGE. NEW 353 FEET LONG BY 10 FEET MAX HEIGHT RETAINING WALLS. BUILDING PERMIT HISTORY This project first started with Permit X2022-1551 issued on May 17, 2019, with subsequent permits that have since expired. Currently, only referenced permits above are subject to Newport Beach Municipal Code 15.02.095 with initial three-year construction limit expiration date of June 1, 2022. Permit X2022-1551 replaces expired permit X2019-1576 to document a change of contractor for the permit. Permit X2022-1552 replaces expired permit X2019-1577 to document a change of contractor for the permit. • The first permit was issued on May 17, 2019. • The first inspection was on June 26, 2019. • The last inspection was on May 31, 2023. 1 1119 Dolphin Terrace - X2022-1551 Administrative Hearing, June 28, 2023 Page 2 • Please refer to Attachment 1 for detailed permit history. • Notice of pending Three-Year Construction Limit expiration sent on March 30, 2022. • Please refer to Attachment 2 for detailed notice activities. BUILDING OFFICIAL EXTENSION The chief building official granted an extension for a three-year construction time limit on May 4, 2022, 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 meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. ATTACHMENTS Attachment No. 1 – Building Permit History Attachment No. 2 – Three-Year Construction Limit Notice Activities Attachment No. 3 – Building Official Extension 2 3 4 Attachment No. 1 Building Inspection History 5 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 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Attachment No. 2 Three-Year Construction Limit Notice Activities 117 118 119 120 121 122 123 124 125 126 Attachment No. 3 Building Official Extension 127 128 129 130 131 132