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NEWPORT BEACH HEARING OFFICER MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
CORONA DEL MAR CONFERENCE ROOM (BAY E-1st FLOOR)
WEDNESDAY, JULY 26, 2023
REGULAR MEETING – 1:30 P.M.
I. CALL TO ORDER – The meeting was called to order at 1:45 p.
Present Michael Reiter, Hearing Officer
Staff Present: Tonee Thai, Chief Building Official
II. PUBLIC HEARING ITEMS
ITEM NO. 1 Three-Year Construction Limit Extension (X2019-0148)
Site Location: 313 Fullerton Avenue
Project Summary
Request for an extension of a three-year construction limit for Building Permit No. X2019-0148
and related permits outlined in Newport Beach Municipal Code (NBMC) Section 15.02.095
(Administrative Code - Addition of Sections 105.3.3, 105.3.4, and 105.3.5). The scope of work for
the permit is to CONVERT 816 SF GARAGE TO HABITABLE SPACE TO CREATE 1,486 SF
ACCESSORY DWELLING UNIT (ADU). The applicant intends to request an extension until
December 15, 2023, to complete the construction.
Recommended Action
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).
The following people announced their attendance in this order:
Tonee Thai, Chief Building Official
Steven Lane, Principal Building Inspector
Jaime Molina, Building Inspector II
Jim Carlson, architect and neighbor
MINUTES OF THE MEETING OF THE
NEWPORT BEACH HEARING OFFICER 07/26/2023
Page 2 of 2
Terry Harden, owner
Chief Building Official Thai reviewed the scope of work, permit and inspection history, notice to
the applicant, and recommendations by the City.
Terry Harden, owner, indicated being unaware of a time limit on the permit, noted additions to the
project for the ADU, solar, and utilities, reviewed the project history and delays. and explained the
challenges with securing custom work contractors. She believed the project is close to being
complete, and noted an interest in completing the project so she can access the grant funding
and cash being held in escrow. She reviewed the remaining work items and noted confusion with
fire protection requirements, project revisions during COVID and additions, the supply chain,
leveling up the framing, and new roofing that caused delays. Ms. Harden reviewed her relationship
with Mr. Carlson, a car vandalization incident, and concern areas in a letter from him and assumed
she can complete the project in the next three months if she can turn on the electricity, utilities,
and power but asked for a six-month extension, estimated the project is 90% complete, and
relayed items needed to get a certificate of occupancy. She utilized photos of the project and
noted when they were taken.
Mr. Carlson indicated that he did not vandalize Ms. Harden’s car, relayed an interaction with her
when he inquired about the project completion, and noted a history of her calling the police. He
relayed his community engagements, project observations, support for the project completion,
and experience with ADUs and suggested a three-month extension. Additionally, Mr. Carlson
noted a neighbor’s struggle to get out of the garage relative to the location of Ms. Harden’s trash
cans. In response, Ms. Harden stated that the area the neighbor noted as a challenge is her
property which she uses as a parking spot for the ADU and will have a fence added.
Action: Hearing Officer Reiter took the hearing under advisement and planned to issue an order
with notification sent by mail.
III. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None
IV. ADJOURNMENT
The hearing was adjourned at 2:05 p.m.
The agenda for the Hearing Officer was posted on July 20, 2023, at 11:22 a.m. on the
digital display board located inside the vestibule of the Council Chambers at 100 Civic
Center Drive and on the City’s website on July 20, 2023, at 11:52 a.m.
Michael Reiter, Hearing Officer