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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, MAY 30, 2024 REGULAR MEETING – 8:00 A.M. I. CALL TO ORDER – The meeting was called to order at 8:00 a.m. Present Paul Early, Hearing Officer Staff Present: Tonee Thai, Chief Building Official Steve Lane, Principal Building Inspector II. PUBLIC HEARING ITEMS ITEM NO. 1 Three-Year Construction Limit Extension (X2019-2581; X2019-2582; X2019-2583; X2021-2899) Site Location: 401 Avocado Avenue Project Summary
Proposed scope of work is for a new 16,118 sq. ft. single-family dwelling with a basement and attached 3,007 sq. ft. garage and attached 749 sq. ft. accessory dwelling unit. Work also includes
accessory structures and site retaining walls within property lines. 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 began the meeting by explaining the hearing procedures. He indicated that this is the first hearing officer’s extension for this project and administrative extensions have likely come before it. Jake Winkle, contractor and owner’s representative, stated that a one-year extension has been requested to complete the construction based on detailed job log forecasting, described the project, and provided an update. He indicated that the requirement to improve and upgrade the
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sewer and storm drain resulted from the encroachment permit process, the project averages about 50 people from different trades per day, and the work is consistent. He offered access to
project logs and tours of the project. Chief Building Official Thai provided a brief project description stating the scope of work, building
permit and inspection history, previous extensions, recommendation, and allowable extension terms by the hearing officer. He agreed that work on the project has been slow and on-going.
Principal Building Inspector Lane indicated no nuisance issues or enforcement of actions and could not forecast if the project could be completed in 180 days. Mr. Winkle noted six to eight months of collaboration with Mike Sinacori on the utility upgrades in the public easement, stated that the City wants to wait until the dryer summer months to fix the storm drain, and relayed the impact to the timeline and impossibility of getting to final the home with open permits. Additionally, he clarified that the work progress has not been slow and small infractions were addressed within 24 hours.
Hearing Officer Early clarified that 180 days will not be enough to complete the project and may affect the conditions or future extensions, so a full understanding of the project is needed for a
complete record. Mr. Winkle noted a significant punch list phase while the client is living in the house. In reply,
Hearing Officer Early clarified that the permit final is the issue and not occupancy. Hearing Officer Early took public comment from: Tom Mueller, neighbor on Avocado, noted on-going disruptions and nuisances from surrounding construction projects during early morning hours and the police department has been notified. Kathleen Flynn concurred with Mr. Mueller. Malcolm concurred with the construction disruptions, expressed concern for parking on Avocado Avenue, and suggested restricting parking to one side and allowing residents to park in front of
their homes. He thought the contractor had been very responsible. Mosea of 420 Avocado Avenue expressed concern for parking and noise and asked for some
consideration. Donna Kendall, at 420 Avocado Avenue, complained about the air quality, dust, trash, and traffic
from the construction. Mr. Winkle expressed doubt that the project can be completed in one year. In reply to Hearing Officer Early, Principal Building Inspector Lane stated that City regulations related to parking are as per the Newport Beach Municipal Code (NBMC), dust control is regulated by the permit, there is one recorded complaint for dust on March 29, 2021, and the allowable construction times. Mr. Winkle appreciated the public comments, relayed dust and debris control mitigation efforts, and remediated complaints from neighbors, favored a park pass policy, relayed confidence the
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project will be complete in a year, disruptions to the neighborhood during the construction process, a willingness to not work on Saturdays, and the impact to the project timeline with a
reduction in workers. He noted that they are trying to make this process as painless as possible, offered his contact information to accommodate reasonable requests, and relayed his openness to constructive criticism, solutions, and accountability.
In reply to public comment, Mr. Winkle stated that he takes total ownership of his projects and noted the challenges working with subcontractors and limited options for parking on a public
street. Ms. Kendall thought the project should be finished within the extended 180 days. Hearing Officer Early stated that if the extension is not granted the project will likely be stretched out and not ended. Furthermore, he noted that if there is an end in sight we want to get there while protecting the public concerns, he only has control over this property, and there will be no City codes or policies written. He collected photos for consideration from a public commenter.
Chief Building Official Thai stated that public parking on Avocado Avenue falls under standard parking regulations with no special construction parking and other projects have included parking
regulations in the conditions to accommodate affected neighbors. Hearing Officer Early relayed the general rule that no one living on public streets has a right to
park in front of their house. Hearing Officer Early declined Mr. Winkle’s offer to tour the property. By invitation of Hearing Officer Early, Mr. Winkle reiterated his voluntary offer to stop working on Saturdays. Ms. Kendall questioned how the project concerns were not anticipated and welcomed the relief on Saturday even if it means the project takes longer. Mr. Winkle offered for the neighbors to contact him on his cell phone with concerns and supported
adding conditions for parking but expressed concern for enforcement of all construction projects and reserving spots.
Mr. Mueller credited Mr. Winkle’s immediate response to an alarm siren and expressed concern for the extended project timeline with no work on Saturday.
Hearing Officer Early stated that conditions could come back as permit or code issues if not addressed that could impact subsequent extensions. Mr. Winkle questioned the effectiveness of parking restrictions. Ms. Kendall noted that Saturday work is prohibited in Corona del Mar Village. Action: Hearing Officer Early stated he will prepare the results and get it out as early as possible next week. III. PUBLIC COMMENTS ON NON-AGENDA ITEMS
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None
IV. ADJOURNMENT
The hearing was adjourned at 8:57 a.m. The agenda for the Hearing Officer was posted on May 8, 2024, at 12:30 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 May 9, 2024, at 02:20 p.m.
Paul Early, Hearing Officer