HomeMy WebLinkAbout01_Staff Report_6 Via Cristallo_XR2022-2015CITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT
June 01, 2023 Agenda Item No. 1
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: XR2022-2015, XR2022-2016, XR2022-2017
SITE LOCATION: 6 Via Cristallo
APPLICANT: Ronald and Deborah Hardaway
PROPERTY OWNER: RONALD HARDAWAY
BUILDING INSPECTOR: David Reed, Building Inspector II
PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov
PROJECT SUMMARY
The scope of work for the permit is to add 1,097 sq. ft., remodel 3,255 sq. ft., enclose 41 sq.
ft. of 2nd floor deck at bathroom #5, and add 97 sq. ft. to extend master bathroom and kitchen.
BUILDING PERMIT HISTORY
•This project first started with Permit X2013-2927 issued on 10/17/2013 withsubsequent permits that has since expired. Currently, only referenced permits aboveare subject to Newport Beach Municipal Code 15.02.095 with initial 3 yearsconstruction limit expiration date of 06/01/2022
•Subsequent permits X2016-1488, X2016-3185, X2018-2887, X2019-1202, X2020-1680, X2020-1820 were all change of contractor permits and all are expired.
•The permit was issued on 10/17/2013.
•The first inspection was on 05/13/2015.
•The last inspection was on 11/03/2022.
•Please refer to Attachment 1 for detailed permit history.
•Notice of pending Three-Year Construction Limit expiration were sent on 04/26/2022.
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6 Via Cristallo Administrative Hearing, June 01, 2023 Page 2
•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
01/30/2023, with expiration date of 05/31/2023. (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 the
environment;
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 by
circumstances beyond the property owner, applicant, or the contractor’s control. Ifthe officer makes the findings to grant an extension, then the officer shall considerwhether conditions are necessary to ensure the timely completion of the project ina 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).
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
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Attachment No. 1
Building Inspection History
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OWNER-J3UltPER OEClA.RATlON I hereby affirm under penalty of perjury that I am exempt from the Contractors' State License Law for the reason(s} lndicaled below by the checkmark(s) I have placed next to the applicable item{s) Section 7031.5, eusiness am! Professions Code: Any oity or county that requires a permit to consln.ic:t, alter. improve. demolls� or repair any structuxe, prior to Its issuance, also requires the ap;pilcant for the permit to file a signed statement ihat he or she is Jicensed ;:mrsuant to the provistons of the, Contractors' Slate Uconse Law {Chapter 9 (cummencing wilh Sec!ion 7000) of Divlslon 3 of the Buslnei;is and Professions Code) or that he or she is exempt from Mcensure and the basis for the alleged exemption. Any violation of Section 703i,5 by any appflcant for a permit subje,cts the appiicant to a civil pena1ty of not more than five hundrod dollars ($500).
!, .as owner of the property, or my employees with wages as their sole compensation, will do U alt of or U portions of ihe work, and ttie structure ls not intended or offered for sale (Section 7044, iness and Professlons Code: The Corttrac\ors' State License Law does not apply tu oo m.,ner of property who, through employees' or persona! effort, builds or improves the property, provided that the provements are not nnl.ended or offered fo, sale. If,. however, the building or improvement ls sold within one year of completion, the Owner-iBu.ilder will have the burden of proving that it was not built or pro:!¢ i-0rctbe �uxpose of sale),
as o�r'il:l', �the property, am excluslve!y contracting with Hcensed Contractors lo construct the project (Sectio 7044, B slness nd Professions Code: The Contractors' State License Law does not to afl,;OV\11\!lli,QJ property who builds or improves thereon, and who contracts for the projec!s Wl�th ·. ·ztrac. !. rsu, . to the Contractors' State License Lsw). l am eia'l'fpt from tlcensure under the Contractors' State License law for the following reason: . . _ . ""'-'"'-·· . ....,,c.+---,--=-----,,-,--c------------------
ny signa� below I acknowledge that, except for my personal residence in which I m;;st ave , slood for t lea one year prio to completion of the improvements, covered by lliis permit, l cannot legall a struoture that_! have bullt as an owner--0u1lder if it has not bee, ons cte ·nits e 1k ty bY. · .ed contractors. I understand thate copy of the applicable !aw, $action 7044 ofthe Business and 1TT>ssion� Coe.f, �,s avail.able upon request when this. . Ucatio u · at th ov,, 'eb site:http:Jiw¼wJeginfo.ca,govlcalaw.htmL . <7 <?/ of•n·ope•,ty Owner or AuthorizedAgent ::--c-L---!,(7'�'-1�---.l:��::.._----1--------------------Date& t:__:-C.,-(L ,.. z{ eNSE0€0;1ffRAC1'.0R'S PECLARAHON by aft'fm ,ien:tlir penally of perfmy thal ! am licensed under provisions of Chapter S (commendng w h Section 7000) ,of DMs!on 3 of lhe Business and Professions Code, and my license is in full force effect. lloense Class ___________ license No _____________ Dale _______ ConiractorSignatme _______________ _
f.if1L.P�ETO,,,SECU8E WORKERS" OOMPENSATIONi COVERAGE 1$ UN!..AWFUl., ANO SHAU.. SUBJEC'T AH EMPl.OYER ;o CR!MIN:AL PEW>J.T!ES l\00 CIVIL flNES UP TO ONE HUNORE:O THOUSAND OOLLARS {!!i100,JlO!l), !14 AOOffiOM TO THECOl,tPENSATtON, PAMAGl:aS AS PROVIPEO FOR JN se;;;TlON 310!; Of Tfil"i .LABOR COOE. lNTER;;ST, ANO ATTORNEY'S FEEa af@ri\:i ttn1l,gr penalty of perjury one or the following declarations:
LC C . . . g I have and wm maintain a certificate of consent to self-insure for workers' compensation, issued bJI' the Dlrector of lndustr[al Relations as provided for by Sec!lon 3700 of the Labor Gode, for th iormance of the \Vork for which this permit is issued, Polfcy No. ____________ _
have and wm maintafn workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit ls .issued, My workers' com:pensatio, ranee carrier ano poUcy number are:
-.PoilcyNumber _______________________ E;(plratlon Date -------�----------�-------------------.,--------------------------Phone# _____________________ _
certify that, in the performance of the work for which this rmit is iss,ued, i shall oot empk)y any person ln any marm� so as to become subject 10 the ¼'Ork.en,' compensation laws of California, and agre, if I should become subject to !h pensa o provf · of Section 3700 of the Labor Code, l shall forthwith comply with those provisions.
a!uxe of Applicant <"-=---+"v.,,-'°;.��;.,,��..,.-:...,,---_�_7--_____________________ Date,£-? ,.. � ec.:now REG.ARPINO'° NSTRUC ON L NG AGENCY affirm under penalty of perjury that iliere is a coostruclic,n !em;Hng gency for the perforrmm� of the work for v,hich tnh; permit is issued (Section 3097, Civil Code}. der's Name _______________________ Lender's Address -----------------------------------.... i; my signah.ir,,, below, I certify to each of fue following: !am the property owner or authurized to act on the property owner's behalf.I have read thls application and tl1e information l have provided is correcti agree to comply with an applicabJe city and county ord.inances and. st e laws relating to bul!din:g construclion,I au.thortre representatives of this city or county toe ntifJ rnperty for inspection purposes. iatvre of Pro ert: Owner or Authorized A· ent Print Pro .e owner·s or Authorized
ACTION DATE SY i D\ECtAMTION or: COMPUANC WITH CODEOF FEDERAL ' REGULATIONS i>ART 6:t OF TITLE 40AN0 AQMO RlllE 1403
PERMIT EXPIRED
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PER.MIT CANCELLED All required alarms, latches gates and f.ences which serve as part: of a poo.!/spa barrier, shaU
PERMIT l:Xnf!W.JIEO Q!vID be ln place prl.orto approval to fiU pool/spa & shall remain in place & be maintained for the
PERMIT FINAL I ssros NOTJHCATION ts Ml"l aPPHrnArn TO life ofthe pool.
CEF:T/FICATE OF ... 1· 1 PROPOSED OEMAt,l;J)fON./,7 OCCUPANCY /550£0 ·l SIGNATURE:
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Inspection Items for X2016-3185 07:24 04/05/2017
Sec Item Id Description Appr Req Items Action Inheritable * 1 150 DAYS EXPIRATION LETTER No 0 0 No * 2 EXPIRATION LETTER No 0 0 No * 3 EXTENSION LETTER No 0 0 No * 7 EXPIRATION LETTER-NoWk No 0 0 No Started * 2200 PREGRADE MEETING No 0 0 No * 2210 SOIL PIPE No 0 0 No * 2220 SEWER No 0 0 No * 2230 UNDERGROUND WATER PIPE No 0 0 No * 2240 UNDERGROUND GAS PIPE No 0 0 No * 2250 UNDERSLAB/FLOOR No 0 0 No MECHANICAL * 2260 UFER GROUND No 0 0 No * 2270 UNDERGROUND ELECTRICAL No 0 0 No * 2280 . ROUGH GRADE APPROVAL No 0 0 No * 2290 WQ-BEST MANAGEMENT No 0 0 No PRACTICES * 2300 ERECTION PADS No 0 0 No * 2310 FOUNDATION/ SETBACKS./FTGS No 0 0 No * 2320 FOOTINGS/FOUNDATIONS No 0 0 No * 2330 SLAB ON GRADE No 0 0 No *2340 AREA DRAINS No 0 0 No *2350 OTHER PLUMBING No 0 0 No *2360 MASONRY PRE-GROUT/WALL No 0 0 No STEEL * 2370 SLAB ON DECK No 0 0 No *2380 PLUMBING No 0 0 No *2390 GAS PIPE No 0 0 No *2400 HVAC No 0 0 No * 2410 HOOD No 0 0 No *2420 FIREPLACE THROAT No 0 0 No *2425 OTHER MECHANICAL No 0 0 No * 2430 UNDER FLOOR PLUMBING No 0 0 No * 2440 UNDER FLOOR ELECTRICAL No 0 0 No * 2450 ROUGH ELECTRIC No 0 0 No RESIDENTIAL *2460 ROUGH CONDUIT WALLS No 0 0 No COMM'L * 2470 ROUGH WIRING CEILINGS -No 0 0 No COMM'L *2480 ROUGH ELECTRICAL SERVICE No 0 0 No * 2490 FLOOR FRAMING & SHEATHING No 0 0 No * 2500 ROUGH WALL FRAMING -No 0 0 No COMM'L * 2510 ROOF FRAMING, SHEATHING & No 0 0 No HT * 3003 EXT SHEAR & HOLD DOWNS No 0 0 No * 2520 COMPLETE FRAMING No 0 0 No * 2530 OTHER ELECTRICAL No 0 0 No * 2540 INSULATION/DENSGLASS No 0 0 No * 2550 DRYWALL No 0 0 No * 2560 SUSPENDED CEILING No 0 0 No * 2570 SHOWER LATH No 0 0 No * 2580 EXTERIOR LA TH / VENEER LA TH No 0 0 No * 2590 PLASTER-SCRATCH No 0 0 No * 2600 OTHER BUILDING No 0 0 No * 2610 GAS PRESSURE TEST No 0 0 No *3002 FINAL PLUMBING No 0 0 No * 3001 FINAL MECHANICAL No 0 0 No *3000 FINAL ELECTRICAL No 0 0 No *2620 FINAL BUILDING No R 0 No
Total Rows: 52
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Attachment No. 2
Three-Year Construction Limit Notice Activities
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Attachment No. 3
Building Official Extension
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