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HomeMy WebLinkAbout01-26-2023_HO_MinutesPage 1 of 4 NEWPORT BEACH HEARING OFFICER MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH CORONA DEL MAR CONFERENCE ROOM (BAY E-1st FLOOR) THURSDAY, JANUARY 26, 2023 REGULAR MEETING – 2:30 P.M. I. CALL TO ORDER – The meeting was called to order at 2:32 p.m. Present Stephen P. Graham, Hearing Officer Staff Present: Tonee Thai, Chief Building Official Chris Sanchez, Principal Building Inspector Chad Shelton, Building Inspector II II. PUBLIC HEARING ITEMS ITEM NO. 1 112 Kings Place Three-Year Construction Limit Extension (X2018-3347) Site Location: 112 Kings Place, Council District 2 Tonee Thai, Chief Building Official, provided a brief project description stating that the project is for a single-family dwelling addition of 277 square feet of living area and 42 square feet of garage with interior alterations of 7,600 square feet. It also includes the construction of a new detached 390 square foot patio cover with gas, electrical, an outdoor barbeque and to construct an eight feet high entry gate. Permit numbers were disclosed. Additionally, he stated that the project was first started with a legacy permit issued on March 11, 2008, and with subsequent permits that have since expired, the current permit numbers disclosed are subject to the Newport Beach Municipal Code Section 15.02.095 with an initial three-year construction limitation expiration date of June 1, 2022. Mr. Thai reported that all major inspection items are documented under the initial permits included with the package. The first inspection was on April 10, 2019, and the last inspection on record is September 20, 2021. All the information between the two dates can be found under Attachment 1 which includes the inspection type, reason, date, and status. The Notice of Pending Three Year Construction Limit expiration was sent out on March 30, 2022 and is under Attachment 2. The initial building official extension was granted on March 20, 2022 with an expiration date of December 31, 2022. Mr. Marshall Lally asked for clarification of the project inclusions and received confirmation of a 390 square foot patio covered, gas, electrical, and an outdoor patio. Applicant Anthony Ferro of Baldwin Builders on behalf of the property owner, Joseph Del Signore, stated that in September 2022 the current contractor was removed by the owner for failure to complete the project due to missed timelines and goals. The first extension was expiring at the end of September 2022. The Applicant was brought in September 2022 to establish how the project can get approved for final inspection. A three month extension started on October 1, 2022 and ended on December 31, 2022 with the ability to extend it up to six more months for the final inspection. He noted asking for six to eight months to get to final inspection after walking the property to procure contracts with subcontractors to complete the work, locate the materials and have them brought to the site and accommodate for a limited workforce during the holidays. Furthermore, Mr. Ferro stated he needs to schedule the existing subcontractors to come back and finish the work they started. He also mentioned the increased time frame of when materials will be delivered, backorders, .and noted tremendous leaps and bounds, HVAC in place, six to eight weeks lead time for the lighting controls to arrive, the front of the property cleaned up, railing issues almost complete, pool decking final inspection pending the permit issue getting resolved, all interior items almost installed, painting in progress, a handful of materials left to install, waiting on shower tiles and doors, hardware on exterior doors ordered and on the way, pool safety issues being resolved by a contractor, HVAC being installed now, exterior work including the pool area, minor house front items, and the gate, and an electrical subcontractor coming back out after surgery who cannot be substituted. He also noted three to four weeks lost during the holidays because workers did not want to show DocuSign Envelope ID: 92A140BE-16C6-46F5-A4BC-9ED4E98D0921 MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 01/26/2023 Page 2 of 4 up to work, using as many crews as he can, premiums offered to move the project to completion, and his request for a full extension of 180 days to June 30, 2023. In response to Mr. Graham, the applicant confirmed joining the project in September 2022 and the Building Official confirmed that permit number XR2022-2503 is the code used for the replacement of the contractor. The applicant stated that he consulted with Mr. Shelton and Mr. Sanchez from the start to identify expectations and obtain guidance to get the project to the end, he had no documents to add to the administrative record, and three to four months is a realistic time frame to complete the project because everyone is ready to install once the permit issue is resolved. In response to Mr. Graham’s questions, Mr. Ferro relayed that the lighting controls were ordered in mid- November 2022 and are still being manufactured, all other items can be obtained locally or are on-site, the project would have taken nine to eleven months to complete with local procurement if he had been hired to do the job from the permit issuance in 2019 and 14-16 months in reality without factoring in the COVID-19 pandemic and would have provided an 18-month estimate. Mr. Ferro described the supply and labor challenges related to COVID-19. In response to Mr. Graham’s question, Mr. Del Signore stated that there have not been any issues with the subcontractors getting paid by the previous contractor, stated the reasons why the permit should be extended, noted many things had to be redone from the previous contractor, the pandemic, the status of the property, being taken advantage of by the previous contractor, the house was built in 2008 and unoccupied, and the house burning down in December 2011 from a faulty fireplace installation by the previous contractor. Mr. Del Signore did not have any documents to add to the record and reported four contractors on the project. Mr. Graham detailed the contractor history as follows and Mr. Del Signore confirmed the timeline to be true: Contractor 1 – started in 2008 and terminated in 2011 as result of the fire Contractor 2 - started in 2014/2015 and terminated in 2016/17 or later for piecemealing the project Contractor 3 – started with Don Bergeron in December 2018/19 (year corrected by Mr. Lally*) and terminated in 2022 for failure to complete the project Contractor 4 – Mr. Ferro Mr. Del Signore stated that he has about $20 million invested in this project including the original acquisition of the property. *Mr. Lally corrected the start date of the third contractor to 2017 and restated a conversation by Mr. Bergeron about the permit process that used the phrase “tip-toed” around to come to a conversation with the City about how to go forth beginning in December 2017. Mr. Lally stated that Mr. Bergeron started working on the project in April 2019. The Hearing Officer opened the public hearing. One member of the public, Mr. Lally, spoke and stated that the Public Notice requested an extension to March 31, 2023 and was curious of the change to June 2023, shared backyard property photos, expressed an indifference on the project length, shared his satisfaction with the appearance of the house front now that it is cleaned up, and inquired of a plan if the project is not done by June 2023. Mr./Ms. Lally indicated their family has been living in the neighboring house since 1977 and he since 1980, explained the effect on their life over the fifteen-year project and a lawsuit, and questioned if the HVAC will be installed without impeding on the side yard setback. In response to Mr. Graham’s questions, Mr. Thai stated that if Mr. Graham does not make the findings that the code requires to grant the permit extension, the City will move over to Code Enforcement and issue a stop letter, all work on the property will stop, the project is dead according to the ordinance, and the property owners remedy to get relief will come from the Superior Court with the possibility of an order for the City to extend the permit, the applicant to complete the project, or the project to be torn down with a demolition permit. DocuSign Envelope ID: 92A140BE-16C6-46F5-A4BC-9ED4E98D0921 MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 01/26/2023 Page 3 of 4 Mr. Lally stated that he is not trying to stop the finishing of the construction or appeal granting the extension, he supports the extension, and the lights are on all night long, which does not bother them, as per Ms. Lally. Mr. Ferro explained that the lights are on as a deterrent to home invasions and noted a solid line of hedges between the neighboring properties. Mr. Ferro stated that the extension was requested until March 31, 2023 because the applicant can only request three months at the most. Mr. Thai stated that the staff report does not include the permit extension application and Mr. Graham recommended that future applications be included in the back up. Mr. Thai stated that the Hearing Officer can grant up to a 180-day period, he has granted six months (180 days) so far, the limit of his authority as the Building Official is 365 days, and the reason for not warranting an extension was to honor the ordinance minimum extension period practice. Mr. Ferro stated that the first three-month extension was for the previous contractor and confirmed that no work has been done in January 2023. Mr. Del Signore left the meeting. Mr. Jim Mosher inquired about the appeal process and Mr. Graham stated that the last paragraph of every order he issues describes the appeal rights, he will make sure that how he is interpreting the ordinance is correct, and orders he issues are public record and appealable to the Superior Court, noted the findings he is required to make for a warranted extension, and acknowledged the importance of considering the effect his decisions have on the community. Mr. Lally stated that past inquiries have not led to clear accountability for the project’s completion. Mr. Graham thought the owner has a strong incentive to finish the project. There were no other public comments. Action: Mr. Graham stated that there are a couple of things he wants to consider, he is inclined to grant an extension, but is not sure of the extension date because he wants the project done, and Mr. Farro will receive the order by next week. Mr. Graham took the matter under submission. III. PUBLIC COMMENTS ON NON-AGENDA ITEMS None IV. ADJOURNMENT The hearing was adjourned at 3:25 p.m. DocuSign Envelope ID: 92A140BE-16C6-46F5-A4BC-9ED4E98D0921 MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 01/26/2023 Page 4 of 4 The agenda for the Hearing Officer was posted on January 19, 2023, at 1:00 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 January 19, 2023, at 1:00 p.m. Steven P. Graham, Hearing Officer DocuSign Envelope ID: 92A140BE-16C6-46F5-A4BC-9ED4E98D0921