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NEWPORT BEACH HEARING OFFICER MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
NEWPORT COAST CONFERENCE ROOM (BAY E-2ND FLOOR)
THURSDAY, DECEMBER 14, 2023
REGULAR MEETING – 1:30 P.M.
I. CALL TO ORDER – The meeting was called to order at 1:30 P.M.
Present Steven P. Graham, Hearing Officer
Staff Present: Chris Sanchez, Principal Building Inspector
II. PUBLIC HEARING ITEMS
ITEM NO. 1 Second Extension Request to the Three-Year Construction Limit (X2019-1953,
X2019-1954, XR2023-1013)
Site Location: 6 Inverness Lane
Project Summary
The first hearing was conducted on June 1, 2023. This is the second extension request to the
three-year construction limit for Building Permit No. X2019-1953 (first permit issued for the project
to construct a new 10,701 square feet single-family dwelling with a basement and attached 1,685
square foot garage); X2019-1954 (permit issued for a 5-foot high by 273-foot long retaining wall
located inside property line), XR2023-1013 (added scope of work, new open roof patio, barbeque,
fire pit, and site retaining wall at front yard inside), 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 first inspection was on October 8, 2019. The last inspection was on
November 9, 2023. The Chief Building Official granted an extension for a three-year construction
time limit on May 17, 2022, with an expiration of June 21, 2023. The Hearing Officer granted a
maximum 180-day extension with an expiration date of December 18, 2023, based on a public
hearing conducted on June 1, 2023. The applicant intends to request an extension until June 18,
2024, to complete project 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 that 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
MINUTES OF THE MEETING OF THE
NEWPORT BEACH HEARING OFFICER 12/14/2023
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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:
Wilber Smith, Property Owner
Matt Gillett, General Contractor with Up Right Construction
Chris Sanchez, Principal Building Inspector for the City of Newport Beach
Principal Inspector Sanchez provided a brief project description stating the scope of work, a second
hearing request for an extension beyond the 180-day allowance, existing building permits, and
inspection history. Principal Inspector Sanchez noted that no public comments were received in
connection with the second request for an extension. Principal Inspector Sanchez commented that
since the first extension, progress has been made at the project site. Principal Inspector Sanchez
stated that cabinets and flooring were being installed, some site drainage work was being
performed, and exterior walls were being installed.
Mr. Smith stated that he was expecting to move in within the next 60 days. He testified that plants
and appliances were being put in. Mr. Smith recounts that a pipe broke this past Saturday and
flooded two levels of the project site. Mr. Smith testified that the impact of the pipe burst is that
several areas inside the project site will need to be ripped out, preventing the project from being
completed in a six-month timeframe. Mr. Smith sought advice from the City and indicated he was
open to doing what was necessary to move the project to final. He indicated that he anticipated
the yard work and outside work completion by the end of January 2024 and stated that the inside
work requires new lead times for replacement items. Mr. Smith testified that the floor supplier
quoted a four-month timeline for replacement flooring. Mr. Smith relayed that he does not know if
the water went through the electrical system or if blow dryers are in place, and he expressed
concern about black mold.
Hearing Officer Graham recalled that the first extension was granted to the applicant in light of
some unusual soil/rock issues, and the backyard barbeque area had to be redesigned. Principal
Inspector Sanchez recommended that Mr. Smith get the project to final and then pull a permit for
water damage later without tearing it all apart.
Mr. Gillett stated that nothing can be touched on the inside of the project site until the insurance
company gets in touch.
Hearing Officer Graham reviewed photographs of the water damage, the property damage report,
and moisture mapping depicting the water damage.
Hearing Officer Graham expressly stated that he could not grant any further extension and that any
subsequent request for extension would be directed to the City Council for evaluation and
determination.
Action
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NEWPORT BEACH HEARING OFFICER 12/14/2023
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Hearing Officer Graham found that special circumstances exist in light of the pipe burst, which resulted
in significant damage to the interior of the project site. He granted the full 180-day extension effective
immediately, followed by a written order within 10 days.
III. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
IV. ADJOURNMENT
The hearing was adjourned at 1:45 p.m.
The agenda for the Hearing Officer was posted on November 28, 2023, at 2:30 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 November 30, 2023, at Time 3:15 p.m.
Steven P. Graham, Hearing Officer