HomeMy WebLinkAbout05-25-2023_HO_Minutes
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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, MAY 25, 2023
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:01 a.m.
Present Steven Graham, Hearing Officer
Staff Present: Tonee Thai, Chief Building Official
Chris Sanchez, Principal Building Official
Marshall Shelton, Senior Building Inspector
II. PUBLIC HEARING ITEMS
ITEM NO. 1 Second Extension Request to the Three-Year Construction Limit Extension
(X2019-0033, X2021-2124, XR2022-2351, XR2023-0555)
Site Location: 410 Via Lido Nord
Project Summary
Request for a second extension of the three-year construction limit for Building Permit No. X2019-
0033, X2021-2124, XR2022-2351, XR2023-0555, 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 for a new 3,107-square-foot single-
family dwelling with an attached 400-square-foot garage. The applicant intends to request an
extension until June 19, 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:
Dane Berman, Project Manager
Christopher McClary, Prime Contractor
MINUTES OF THE MEETING OF THE
NEWPORT BEACH HEARING OFFICER 05/25/2023
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Tonee Thai, Chief Building Official for the City of Newport Beach
Chris Sanchez, Principal Building Inspector for the City of Newport Beach
Marshall Shelton, Senior Building Inspector for the City of Newport Beach
Hearing Officer Graham indicated that no other members of the public were in attendance, and he
reviewed the terms of his authority, process, and ground rules for the hearing.
Chief Building Official Thai reviewed the project location and scope of work, permit and inspection
history, permit expiration notices, and extension dates. He indicated that the first inspection took
place on March 30, 2021.
Senior Building Inspector Shelton indicated that the project is progressing reasonably and diligently
toward completion. The electrical meter release inspection is today, and the completion is about 90
percent.
Mr. McClary, the primary contractor/builder, expressed an understanding of the three-year permit
limit, thought the term should begin with the first inspection, noted the owner lived in the dwelling
until December 2020, and stated that the first inspection was a pre-grade on March 20, 2021. The
permit was transferred to the builder’s name in March or so, plumbing and appliances were just
delivered, and the panel release and final inspection are next. He stated that the owner is a good
guy and changes his mind a lot regarding some details of the plans. The builder indicated he has
cooperated with the City, and the builder is looking to complete the job in a timely manner.
Hearing Officer Graham noted the project construction history using the historical Google street
images. Hearing Officer Graham noted that in February 2020, the old house was present. In January
2021, the project site appeared to be an empty lot. In May 2022, Hearing Officer Graham indicated
there was now a structure on the project site, the roof was loaded up, and by January 2023, the
exterior was looking good.
Hearing Officer Graham then asked the applicant what else was left to complete on the project. Mr.
Sanchez and Mr. Berman noted the project is at the final stage and detailed the remaining tasks to
bring the project to completion, including the installation of an elevator, glass, and handrails.
Mr. Sanchez and Mr. Berman noted that there are no neighbor complaints explained the parking
mitigation efforts, and asked for a 40-to-60-day extension to complete the project.
There was no public comment on this matter.
Action:
Hearing Officer Graham granted a 90-day permit extension with no additional conditions in light of
the applicant’s diligent progress and the fact that there is no need to add any mitigation conditions
since the neighboring property is also under construction. A written hearing order will be issued within
10 days.
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ITEM NO. 2 Three-Year Construction Limit Extension (X2018-0369, XR2023-0381) at 11:32
a.m.
Site Location: 3811 River Avenue
Project Summary
Request for an extension of the three-year construction limit for Building Permit No. X2018-0369,
XR2023-0381 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 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.
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 Graham indicated that no members of the public were in attendance, the hearing is
for a further permit extension beyond the Building Official’s authority, the terms of his authority, and
the hearing process and ground rules.
The following people announced their attendance:
Jeff Barrett, Property Owner
Mike DeClark, General Contractor
Steven Lane, Principal Building Inspector
Jason Rudenick, Building Inspector II
Tonee Thai, Chief Building Official
Chief Building Official Thai reviewed the project scope of work and permit history and announced an
error on the Staff Report that stated the issuance date for permit Building Permit No. X2018-0734
should read March 14, 2018. He explained that the permits expired due to no activity on the project
site to qualify for field inspection in more than 180 days.
Building Inspector Rudenick reported many inspections over the last six months that started one year
ago and noted reasonable and diligent progress towards completion, about 98 percent to project
completion, and delays related to public utilities issues.
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NEWPORT BEACH HEARING OFFICER 05/25/2023
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Mr. DeClark stated that they are trying to wrap up the project and reviewed the public utilities
challenges and final task items.
Mr. Barrett concurred with Mr. DeClark and noted a work shortage, timeliness, sickness, and limited
access to the property during COVID.
Mr. DeClark noted the challenges related to COVID, thought the project could be done as soon as a
week and as late as a month, depending on Public Works, and noted the work related to the brick
building having zero structural integrity, the removal of the temporary construction fencing,
scaffolding, and port-a-potty, upcoming permits for landscaping and block wall, six workers per day
on the job site who park where there is availability, and mitigation efforts of their footprint.
Hearing Officer Graham noted the construction progression from a Google historical street view.
Public comments were received from the following:
Thomas Miller noted the longevity of the project and project activity that involved the police and asked
for the City to assist in getting the project completed. A follow-up email noted the possibility of hearing
from other neighbors, his inability to attend the hearing, an excessive five-year project duration,
project pace, blocked driveways, and horn noise at 6/6:30 a.m. and asked that if the City grants an
extension that it be a final extension.
Laurie Morris compared neighboring project timelines to this project and noted the differences, noted
the reasons/examples why she thought the builder has no regard for the peace and quiet and
enjoyment of the neighborhood, a missing permit for road cutting, and opposed the permit extension.
Mr. DeClark noted that a permit was secured from the Public Works Department for the street cutting
and sewer work, and cones were used, he took over the project at the start of COVID in 2022 and is
unaware of project activity pre-COVID. He testified that all the work is done with the appropriate
permitting, other neighboring construction projects, potential blame for parking by neighbors that may
not be associated with this project, and a high reputation.
Mr. Barrett thought the neighbors would be happy with the property improvements and expressed
understanding of their displeasure with the construction's longevity.
Mr. DeClark noted the obstacles to completion and thought a three-month period was a reasonable
amount of time to complete the work.
Action: Hearing Officer Graham conditionally granted a three-month permit extension from the
issuance of the order with no progress reports required and a condition to abide by the parking
ordinances of the City of Newport Beach while working on the project.
III. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None
IV. ADJOURNMENT
The hearing was adjourned at 12:03 p.m.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH HEARING OFFICER 05/25/2023
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The agenda for the Hearing Officer was posted on May 25, 2023, at 5:15 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 May 25, 2023, at 5:20 p.m.
Steven P. Graham, Hearing Officer