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NEWPORT BEACH HEARING OFFICER MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH CORONA DEL MAR CONFERENCE ROOM (BAY E-1ST FLOOR) THURSDAY, JANUARY 18, 2024 REGULAR MEETING – 1:45 P.M. I. CALL TO ORDER – The meeting was called to order at 1:45 P.M. Present: Paul Early, Hearing Officer Staff Present: Tonee Thai, Chief Building Official II. PUBLIC COMMENTS ON NON-AGENDA ITEMS - None III. PUBLIC HEARING ITEMS ITEM NO. 1 Three-Year Construction Limit Extension (X2018-3317)
Site Location: 3 Rocky Point Road Project Summary Request for an extension of a three-year construction limit for Building Permit No. X2018-3317 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 NEW 8,885 SF SINGLE-FAMILY DWELLING WITH ATTACHED 1,140 SF GARAGE AND 1,391 SF OF DECK. The applicant intends to request an extension until April 5, 2024, 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). Hearing Officer Early reviewed the meeting outline and process. The following people announced their attendance in this order: Tonee Thai, Chief Building Official
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Steven Lane, Principal Building Inspector
Chief Building Official Thai provided a brief project description stating the scope of work, first hearing, building permit and inspection history, previous extensions, recommendation, and allowable extension terms by the hearing officer.
Sosi Bardakjian clarified that no inspections took place in the last 10 days, reviewed the project history, noted a lot of work happened during the last three-month extension, the construction and
landscaping is done, the delivery of the elevator is awaited, and a mailbox permit, front grass and a tree is needed. Additionally, he noted that the open items from the last time are almost complete, finals being signed off are anticipated, AC and fire sprinkler need to be renewed, and the transformer installation will take 25 days once the City signs off. Hearing Officer Early clarified that the last extension was not quite 180 days, but more than 90 days.
Mr. Bardakjian relayed the specific work needed to install the mailbox, right of way grass, concrete, elevator, and street tree. He noted that an inspection is needed for the AC and sprinkler, 25 days will pass before the power is sourced from the transformer, and the drywall inspection is signed
off. Julie Bass expressed frustration for the time to complete the project compared to a neighboring
house and inquired about the number of extensions allowed and noted parking space availability and double parking. Mr. Bardakjian noted parking inconveniences and a busy street during construction on the house across from the applicant and during the street repaving. Additionally, he relayed that the house across the street was a simple and traditional remodel, his project is from the ground up and custom, and no significant construction remains. Hearing Officer Early explained the impact to the project if the extension is not granted and the building permit expires. In response to his questions, there was no opposition from the City to the request, but Chief Building Official Thai wanted to add on-going progress as a condition.
Hearing Officer Early stated that the last inspection was immediately following the last hearing, and, at his request, discussion ensued about the work and progress between September 14 and
now, and the use of subcontractors where needed. In response to Hearing Officer Early’s question, Ms. Bass stated there has been no issues with
noise or debris. In response to Ms. Bass’ question, Hearing Officer Early indicated that certain findings are required to grant an extension unlike in many other jurisdictions where the permit would die. He noted the project length, being close to the finish line, multitasking, and a few finishing touches to complete the project. Mr. Bardakjian concurred with the remaining work, noted hearing fees, relayed an interest in completing the project as soon as possible, and stated there are no funding issues. Ms. Bass expressed concern about inspections. Hearing Officer Early received confirmation from staff that there are no delays caused by staffing issues. Chief Building Officer Thai clarified that
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inspections must be scheduled by logging it into the City’s system and most take place the next day or the following business day.
In reply to Hearing Officer Early’s inquiry, Mr. Bardakjian stated having documentation to support the elevator delays and noted her efforts to get a sooner hearing officer date to avoid an
interruption to the construction. Hearing Officer Early stated that if the permit extension request returns, he will not be as optimistic
and advised the applicant to supply hard evidence of what caused the delay. He clarified the extension dates from the last hearing officer and the maximum allowable days, and suggested the applicant not wait for the extension to end before submitting an extension request if more time is suspected. Action:
Hearing Officer Early took the project under submission and stated he will provide an answer and a written response in a couple of days. IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS - None V. ADJOURNMENT - The hearing was adjourned at 2:21 p.m.
The agenda for the Hearing Officer was posted on January 9, 2024, at 2:40 p.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 January 9, 2024, at 3:00 p.m.
Paul Early, Hearing Officer