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Home My WebLink About2.0_21 CherbourgCITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT November 21, 2024 Agenda Item No. 2 SUBJECT: Three-Year Construction Time Limit Extension in Accordance with Newport Beach Municipal Code (NBMC) 15.02.095 (Addition of Sections 105.3.3, 105.3.4 and 105.3.5), Section 105.3.4, Item 2 PERMITS: XR2024-0878, XR2023-0687, XR2023-2450 SITE LOCATION: 21 Cherbourg APPLICANT: Hootan Ataian PROPERTY OWNER: Hootan Ataian BUILDING INSPECTOR: Richard LeBare, Sr. Building Inspector PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov PROJECT SUMMARY INTERIOR REMODEL OF 2,605 SF & ADDITION OF 634 SF. ADD 275 S.F. LIVING AREA. NEW ROOF OVER LIVING ROOM, DINING ROOM, FAMILY ROOM, AND REDUCE SIZE OF DECK TO 746 SF. ADD 72 S.F. OF LIVING AREA. BUILDING PERMIT HISTORY This project first started with Permit X2020-1573 issued on September 15, 2020, with subsequent permits that have since expired. Currently, only referenced permits above are subject to Newport Beach Municipal Code 15.02.095 with initial three-year construction limit expiration date of September 15, 2023. Permit XR2023-2450 replaces expired permit X2020-1573 which was issued on September 1, 2023. Permit XR2023-0687 is a supplement permit to X2020-1573 to document added scope of work for addition of 275 sf. Permit XR2024-0878 is a supplement permit to X2020-1573 to document added scope of work for new roof over living room, dining room, family room, reduce size of deck to 746 sf. and add 72 sf. of living area. The first inspection was on March 22, 2021, for Footing and Foundation inspection. 1 21 Cherbourg - XR2024-0878 Administrative Hearing, November 21, 2024 Page 2 The last inspection was on April 15, 2024, for Floor Framing and Sheathing inspection. Please refer to Attachment 1 for detailed permit history. Notice of pending Three-Year Construction Limit expiration were sent on April 4, 2024, informing applicant of hearing application requirement. Please refer to Attachment 2 for detailed notice activities. BUILDING OFFICIAL EXTENSION The chief building official granted an extension for a three-year construction time limit on October 4, 2023, with expiration date of September 14, 2024. (Attachment 3) RECOMMENDATION 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 CEQAGuidelines, because this project has no potential to have a significant effect on theenvironment; 3)The hearing officer may grant, or conditionally grant, up to a 180-calendar dayextension, per application for extension, if the officer finds special circumstanceswarrant an extension of time, or the failure to meet the time limit was caused bycircumstances beyond the property owner, applicant, or the contractor’s control. Ifthe 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 ina manner that limits impacts to the surrounding property owners. The hearingofficer shall deny the application if they cannot make the findings set forth inNewport Beach Municipal Code Section 15.02.095 (Addition of Sections 105.3.3,105.3.4, and 105.3.5). PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. ATTACHMENTS Attachment No. 1 – Building Permit History Attachment No. 2 – Three-Year Construction Limit Notice Activities Attachment No. 3 – Building Official Extension 2 Attachment No. 1 Building Inspection History 3 LINKED PERMIT INSPECTION HISTORY REPORT (1212-2020) FOR CITY OF NEWPORT BEACH Plan Check 07/07/2020Application Date:Permit Type:Owner:MARK GERARD OBRIEN TRUST ParcelAddition/Alteration 09/14/2020Work Class:Issue Date:936 460 56 Approved 01/04/2021Expiration Date:Status:Address:21 CHERBOURG NEWPORT BEACH, CAIVR Number: 126946 Scheduled Date Inspection Type Inspection No. Inspection Status Primary Inspector Reinspection Required?CompleteActual Start Date Inspection Location: 21 CHERBOURG Permit: REV20-1509 10/02/2020 10/02/2020 Legacy Inspection REV20-1509-A002 746074 Correction Chelsea Crager No Complete 10/19/2020 10/19/2020 Legacy Inspection REV20-1509-A002 752394 Correction Stefan Chiose No Complete Permit: X2020-1573 03/22/2021 03/22/2021 Footings and Foundation X2020-1573-A0028 09770 Not Ready for Inspection No Complete 10/19/2021 10/19/2021 Other - MISC X2020-1573-A0028 97894 Approved No Complete 12/15/2021 12/15/2021 Other - MISC X2020-1573-A0029 21601 Approved No Complete Permit: X2022-0743 06/01/2022 06/01/2022 Footings and Foundation X2022-0743-A0029 92042 Partial Pass No Incomplete Permit: XR2023-2450 01/05/2024 Water Quality BMP’s iWQ-000768-2024 Approved Jonathan Munoz No Complete 11/03/2023 11/03/2023 Footings and Foundation iBLD-042585-2023 Cancelled Rick La Bare Yes Complete 11/16/2023 11/15/2023 Water Quality BMP’s iWQ-044714-2023 Requested Jonathan Munoz No Complete 11/29/2023 11/29/2023 Soil Pipe iBLD-046401-2023 Approved Rick La Bare No Complete 12/07/2023 12/07/2023 Slab on Deck iBLD-047336-2023 Correction Rick La Bare Yes Complete 12/12/2023 12/12/2023 Slab on Deck iBLD-047998-2023 Cancelled Rick La Bare Yes Complete Reinspection of iBLD-047336-2023 01/10/2024 01/10/2024 Footings and Foundation iBLD-001039-2024 Correction Rick La Bare Yes Complete Reinspection of iBLD-042585-2023 01/10/2024 Slab on Deck iBLD-001038-2024 Correction Rick La Bare Yes Complete Reinspection of iBLD-047998-2023 01/11/2024 01/11/2024 Footings and Foundation iBLD-001665-2024 Approved Rick La Bare No Complete Reinspection of iBLD-001039-2024 04/04/2024 04/04/2024 Erection Pads iBLD-012939-2024 Correction Rick La Bare Yes Complete 04/08/2024 04/08/2024 Erection Pads iBLD-013155-2024 Correction Rick La Bare Yes Complete Reinspection of iBLD-012939-2024 04/15/2024 04/15/2024 Floor Framing & Sheathing iBLD-014185-2024 Correction Rick La Bare Yes Complete 04/16/2024 04/16/2024 Other - Building iBLD-014531-2024 Partial Pass Rick La Bare Yes Incomplete Page 1 of 1100 Civic Center Dr, Newport Beach, CA 92660October 31, 2024 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Attachment No. 2 Three-Year Construction Limit Notice Activities 23 PERMIT ACTIVITY REPORT (X2020-1573) FOR CITY OF NEWPORT BEACH Activity CommentsActivity NumberActivity NameActivity TypeCreated Date Created By 10/04/2023 Generic Activity APPLICATION SUBMITTAL ACT-002234-2023 INITIAL APPLICATION INITIATED ON 09/01/2023. COMPLETE APPLICATION FORWARDED TO BUILDING OFFICIAL AFTER MEETING WITH NEW OWNER (HOOTAN ATAIAN) ON 10/03/2023. Tonee Thai Generic Activity Building Official Extension Approved ACT-002235-2023 Extension request approved for 365 days until 09-14-2024. Meeting with new owner (Hootan) and his superintendent on 10/03/2023. Hootan noted that he recently purchased the property from previous owners who were note able to complete the job due to their personal matters. He intends to complete the project but will need additional time as the project was left unattended by previous owner. Tonee Thai 08/31/2023 EXPIRED - CODE ENFORCEMENT Ok to renew David Reed 09/12/2023 Generic Activity ACT-001995-2023 After leaving another message with new GC ( Hootan) I brought the 3 year application to an inspection today at 27 Montpellier. I gave the application to Hootans project manager ( Armando ) I informed Armando of the immediacy of turning this application in ( 9-15-23 deadline) and what missing items are required on the application. Armando stated he would immediately call Hootan to take care of this David Reed 09/26/2024 Generic Activity HEARING SCHEDULED FOR 11/21/2024 @ 9 A.M. ACT-003769-2024 Tonee Thai Generic Activity HEARING APPLICATION SUBMITTED ACT-003768-2024 HEARING APPLICATION ROUTED TO CITY CLERK AND FINANCE. Tonee Thai 09/07/2023 100 Civic Center Dr, Newport Beach, CA 92660 Page 1 of 2October 31, 2024 24 PERMIT ACTIVITY REPORT (X2020-1573) Activity CommentsActivity NumberActivity NameActivity TypeCreated Date Created By Generic Activity ACT-001981-2023 Received in the office the 3 year construction time limit application on 9-1-23. I reviewed it on9-5-23 . i called and left a message for the submitter (Hootan) that we would require more info as to the reason for extension and the homeowners signature on the application David Reed 09/09/2024 Generic Activity phone call to Hootan GC ACT-003427-2024 (Previous communications under Activities on XR2023-2450) Asked what was the status of application because deadline is 9/14/2024. He stated they inquired but I never responded. I sent them the application in this email, "I see how it got lost. Our conversation about 21 CHERBOURG was piggybacked on the Point Loma Pool and extra drain line permit. That one was a simple reissue and get a permit for the drain. If I ever leave you hanging on a question pester me until I answer… We’re going to end up with downtime on this one we could have avoided if this application had been followed up on. Here’s the link for the application get it back to me ASAP please: https://www.newportbeach ca.gov/home/showpublished document/71737/638570031 999600000" Rick La Bare 100 Civic Center Dr, Newport Beach, CA 92660 Page 2 of 2October 31, 2024 25 PERMIT ACTIVITY REPORT (XR2023-2450) FOR CITY OF NEWPORT BEACH Activity CommentsActivity NumberActivity NameActivity TypeCreated Date Created By 10/04/2023 Generic Activity Building Official Extension Approved ACT-002237-2023 SEE PERMIT X2020-1573 Tonee Thai 11/02/2023 Generic Activity 3-YEAR DEADLINE EXTENSIONr ACT-002569-2023 MAILED & EMAILED APPROVED 3-YEAR CONSTRUCTION LIMIT EXTENSION TO PROPERTY OWNER Debi Schank 04/04/2024 Generic Activity email to GC ACT-001432-2024 email to gc informing gc of hearing application required 07/14/2024 Rick La Bare 07/25/2024 Email 3 year Notification ACT-002846-2024 Emailed Armondo about 12 Point Loma and included this notification - GC (Hootan) responded See email in file Rick La Bare 08/05/2024 Email TO Hootan and Armando ACT-003012-2024 Email to owners: "So while I was figuring out what needed to be done on this I found out it cant be reissued twice. I need to talk with Steve about an extension in the morning. Problem is this pool is going to be 3 years only on January 19, 2025; reissuing the permit would extend beyond this date. What is the status on 21 Cherbourg’s extension request. Permit extension requests are required 45 days in advance, and we’re less than 30 days from a STOP WORK notice? Please don’t wait on this. Thanks," Rick La Bare 09/20/2024 Generic Activity emails ACT-003644-2024 see previous communication documented under the activities tab Rick La Bare Generic Activity Posting ACT-003643-2024 Stop Work photos in file Rick La Bare 100 Civic Center Dr, Newport Beach, CA 92660 Page 1 of 2October 31, 2024 26 PERMIT ACTIVITY REPORT (XR2023-2450) Activity CommentsActivity NumberActivity NameActivity TypeCreated Date Created By Generic Activity postings ACT-003642-2024 Application received return for amending and excepted on Wednesday, September 18 Rick La Bare 100 Civic Center Dr, Newport Beach, CA 92660 Page 2 of 2October 31, 2024 27 Attachment No. 3 Building Official Extension 28 29 30 31 32 33