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HomeMy WebLinkAbout06-29-2023_HO_MInutes Page 1 of 5 NEWPORT BEACH HEARING OFFICER MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH CORONA DEL MAR CONFERENCE ROOM (BAY E-1st FLOOR) THURSDAY, JUNE 29, 2023 REGULAR MEETING – 9:00 A.M. I. CALL TO ORDER – The meeting was called to order at 9:04 a.m. Present Steven Graham, Hearing Officer Staff Present: Tonee Thai, Chief Building Officer Steven Lane, Principal Building Inspector David Reed, Building Inspector II II. PUBLIC HEARING ITEMS ITEM NO. 1 Three-Year Construction Limit Extension (XR2023-0288, XR2023-1174) Site Location: 4 Geneve Project Summary Request for an extension of a three-year construction limit for Building Permit No. XR2023-0288, XR2023-1174, 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 an addition of 1,463 square feet, reconstruction of 6,670 square feet, and a new 588 square feet attached garage to the existing single-family dwelling, demolition of an existing pool, and construction of a new pool. The applicant intends to request an extension until August 1, 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). The following people announced their attendance in this order: Tonee Thai, Chief Building Official for the City of Newport Beach MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 06/29/2023 Page 2 of 5 Steven Lane, Principal Building Inspector for the City of Newport Beach David Reed, Building Inspector II for the City of Newport Beach Jean Moriarty, Attorney for the Harbor Ridge Association (First Name Not Provided) Raymond, Representative for the owner of 11 Geneve Bobby Dadvar, Construction Manager and Partner, Property Owner’s Representative Domonique Piotrowska, Representative for a potential buyer Hearing Officer Graham indicated the hearing is for a construction time limit extension and that no other members of the public are in attendance, and he reviewed the terms of his authority and the process and ground rules for the hearing. Chief Building Official Thai reviewed the scope of work, permit and inspection history, notice to the applicant, and recommendation by the City to grant or conditionally grant the extension up to 180 days. The first permit was issued on May 30, 2019. The first inspection of the project was on October 31, 2019. The last inspection of record was on May 31, 2022. The Chief Building Official granted an extension on the three-year construction time limit on May 31, 2022, with an expiration date of June 1, 2023. Hearing Officer Graham asked Chief Building Officer Thai about when permits were issued by the City and why Permit No. X2020-1504 expired. Chief Building Official Thai stated that Permit No. X2020-1504 expired on November 27, 2022, due to inactivity of 180 days/lack of inspections. Chief Building Official Thai indicated that Permit No. XR2023-0288 was re-issued on February 1, 2023. Hearing Officer Graham asked Building Inspector Reed to confirm the date of the last inspection of the project. Building Inspector Reed confirmed that the last inspection took place on May 31, 2022, and was conducted by him. Building Inspector Reed deferred to the project manager for the percentage of project completion, provided a brief project update together with Mr. Dadvar, and noted that the delay might result in redoing work done previously. Ms. Moriarty had no comment when given time to speak. Mr. Raymond indicated that he is in attendance to hear the outcome and obtain some details about the project. Ms. Piotrowska expressed an interest in understanding the project direction and the financial aspect of the project. Hearing Officer Graham expressed an interest in Mr. Dadvar’s understanding of why the work stopped for 18 months to two years during the extension period and what can be done to accelerate the project. Mr. Dadvar noted three completed projects in the Harbor Ridge community and other current projects and reviewed the project history and application dates. Mr. Dadvar testified that the Harbor Ridge Homeowners Association (“HOA”) requires that the applicant notify the neighbors and obtain their signature before a remodel or construction project begins. Mr. Dadvar indicated that back in 2019, he notified five neighbors. Subsequently, the time allowed for an objection to the proposed construction passed. A neighbor then complained to the HOA, claiming they were unaware of the proposed construction. MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 06/29/2023 Page 3 of 5 Mr. Dadvar provided Hearing Officer Graham with a copy of a one-page lawsuit filed on September 6, 2022, in the Orange County Superior Court (Case No. 30-2020-001156626) between the property owner and HOA and others. He indicated that the lawsuit is unresolved and access to the project site was blocked by the HOA, which deterred project progress. Mr. Dadvar also provided a document related to the egress and ingress agreement and a maintenance indemnity agreement. He noted that two and half years had passed before the HOA gave him permission to use the driveway, with pressure from the insurance company, and a stop work order was issued until the matter was resolved. Mr. Dadvar testified that the windows are ready for installation and are being stored at the warehouse. He further testified that the HOA obtained an injunction for the roof construction over two years ago, and he believes it is still in effect. Additionally, he stated that a trial date is set for November and that nine to ten months are needed to finish the project. Mr. Dadvar testified that work would begin once the extension is granted, but a corner of the project cannot be worked on and may be removed until it is allowed by the HOA. He also stated that the project is financially secure and financing is not an issue. Mr. Dadvar believed that the delay was justified by the lawsuit and the lack of driveway access. Hearing Officer Graham stated that under the Newport Beach Municipal Code, if he does not grant the request for an extension, all work must cease, and a new permit cannot be issued. Hearing Officer Graham asked Mr. Dadvar what the finanical cost to him would be if the extension were not granted. Mr. Dadvar testified that the property owner would have approximately a two- and-a-half-million-dollar loss if the project did not move forward. Hearing Officer Graham, asked some general questions about the project construction site. Mr. Dadvar stated that workers park in a cul-de-sac where anyone can park or on Ridgeline Drive. Complaints from the neighbor at 6 Geneve included parking, dust, and trash, but there are no complaints about noise or working outside acceptable hours. Mr. Dadvar further testified that no portable toilets are on the project site, and the project site is fully fenced with a temporary construction grey fencing, has no vapor wrap, and is in the framing stage. Ms. Moriarty testified that the property owner’s HOA application was approved in October of 2019 and that the permits that were pulled and the plans provided to the City were different than the ones provided to the HOA and that was the basis of the preliminary injunction, and restrictions limited to the pool, jacuzzi, side wall, and three-foot popout. She testified that she was unaware of any injunction that sought or was granted to stop all work at the property. She indicated that a trial date is set for November 27, 2023, and a case resolution would not impact the proposed construction activity. She believes the delay in project completion was about money. She stated that Mr. Dadvar’s property access was not blocked, and he could not build within the three-foot, right-of-way easement area owned by the HOA until a maintenance indemnity agreement was created. In response, Mr. Dadvar testified that the restriction to build in that 3-foot area prevented the driveway from being finished, which restricted access to the project site. Ms. Moriarty clarified the project site is subject to an association right-of-way easement, which precluded changing the existing construction and modifying the driveway area. She thought Mr. Dadvar applied for the ability to modify the easement approximately a year to a year and a half ago, and the maintenance indemnity agreement was finalized in January 2023. She listed challenges along the way and noted that other owners have done similar activities in the easement area without an authorization letter or an agreement required by the City. MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 06/29/2023 Page 4 of 5 Hearing Officer Graham encouraged disputes be resolved to move the project along. He expressed concern that no significant progress was made during the previous extension period, and a subsequent hearing for more time without progress will be more difficult. Building Officer Thai confirmed that work can commence upon the Hearing Officer’s oral findings, and the permit will be extended in the system by the end of the business day. Action: A written hearing order will be issued within 10 days and will grant the maximum allowable extension of 180 days based on special circumstances in light of the dispute with the adjacent property owner and the pending litigation between the property owner and the HOA. The following conditions were imposed on the project: monthly progress reports to the Hearing Officer and Building Official that will be public record. The monthly progress reports shall include a short summary of the work that has been done since the extension was granted and the anticipated timeline for completion. Work must be done during the hours and days allowed by the Newport Beach Municipal Code; dust control must be in accordance with City standards. Trash, and debris must be picked up on a daily basis and shall not leave the project site. The project site must be kept free and clear of trash, debris, and rubbish and must appear as a well-run and managed construction site. Construction toilets cannot be visible from the road. Minimal parking disruptions to neighbors is required, and the project shall comply with the City’s noise ordinance. III. HEARING CLOSED The hearing was closed at 10:00 a.m. ITEM NO. 2 Three-Year Construction Limit Extension (X2019-0148) at 1:46 p.m. 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. 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, MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 06/29/2023 Page 5 of 5 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 were in attendance: Tonee Thai, Chief Building Official Jim Carlson, architect Chief Building Official Thai stated that the applicant submitted a written request to continue the item to a later date and the City concurred and rescheduled a tentative date of July 26, 2023 at 1:30 p.m. Hearing Officer Graham held the public hearing open until July 26 at 1:30 p.m. and requested the City reissue a notice for the new hearing date in the same manner as the original hearing date. He reviewed the process for sending a public comment, requested the architect raise his concerns at the hearing in July, directed emails to the building department for specific questions in the packet, and reviewed his function. Action: The continuation requested by the applicant was granted and the discretion was given to the City to charge the applicant for the public hearing notice. III. PUBLIC COMMENTS ON NON-AGENDA ITEMS None IV. ADJOURNMENT The hearing was adjourned at 1:54 p.m. The agenda for the Hearing Officer was posted on June 21, 2023, at 5:30 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 June 21, 2023, at 5:20 p.m. Steven P. Graham, Hearing Officer