HomeMy WebLinkAbout01_06-29-23 Staff_Report_X2019-0854_4 GeneveCITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT
June 29, 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: X2019-0854, XR2023-0288, XR2023-1174
SITE LOCATION: 4 Geneve APPLICANT: Elyas Raeisi PROPERTY OWNER: ELYAS NAFCHI
BUILDING INSPECTOR: David Reed, Building Inspector II
PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov
PROJECT SUMMARY
ADD 1,463 SF, RE-CONSTRUCT 6,670 SF, AND NEW ATTACHED 588 SF GARAGE TO EXISTING SINGLE-FAMILY DWELLING. DEMOLISH EXISTING POOL AND CONSTRUCT NEW POOL.
BUILDING PERMIT HISTORY
This project first started with Permit X2019-0854 issued on May 30, 2019, 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 June 1, 2022.
• Permit X2020-1504 is a replacement permit to X2019-0854 to document a change of engineer for the permit.
• Permit XR2023-2088 replaces expired permit X2020-1504 that was issued on June 26, 2020.
• Permit XR2023-1174 replaces expired permit X2019-0867 - construction of new pool.
• Permit X2019-0855 is a permit to demolish existing pool and has since expired on November 27, 2022.
• The first permit for the project was issued on May 30, 2019.
• The first inspection was on October 31, 2019.
• The last inspection was on May 31, 2022.
4 Geneve - X2019-0854, XR2023-0288 Administrative Hearing, June 29, 2023 Page 2
• Please refer to Attachment 1 for detailed permit history.
• Notice of pending Three-Year Construction Limit expiration sent on March 23, 2022.
• 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
May 31, 2022, with expiration date of June 1, 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 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). 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
Attachment No. 1
Building Inspection History
Attachment No. 2
Three-Year Construction Limit Notice Activities
Attachment No. 3
Building Official Extension
GALUPPO LAW GROUP Lynn T. Galuppo (State Bar No. 204096) 2 19800 MacArthur Blvd., Suite 1000 Irvine, CA 92612 3 Telephone: (949) 379-9600 lynn@galuppolawgroup.com
LAW OFFICES OF LEE E. BURROWS, APC 5 Lee E. Burrows (State Bar No. 170448) 46 Corporate Park, Suite 110 6 . Irvine, CA 92606 Telephone: (949) 546-9948 7 lee@.burrows.la w
8 Attorneys for Plaintiffs ELY AS P. RAEISI NAFCHI and RAEISI DEVELOPMENT, INC. 9
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JAlVIS-ORANGE COUNTY
EL YAS P. RAEISI NAFCHI, an individual and 13 RAEISI DEVELOPMENT, INC., a California corporation, 14
15
16 vs.
Plaintiffs,
17 HARBOR RIDGE ASSOCIATION, a nonprofit California Corporation, et al.18
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Defendants.
Before the Hon. Raymond J. Ikola (Ret.)
SUPPLEMENTAL MEDIATION BRIEF DAMAGE ANALYSIS AND SETTLEMENT DEMAND OF PLAINTIFFS ELYAS RAEISI-NAFCHI AND RAEISI DEVELOPMENT, INC.
[Evidence Code Sections 1119, 1152 and 1154]
Location: Zoom Video Date: June 8, 2022 Time: 10:00 a.m.
24 TO THE DEFENDANTS AND THE MEDIATOR, THE HONORABLE RAYMOND J.
25 IKOLA (RET.):
26 Plaintiffs ELYAS RAEISI-NAFCHI and RAEISI DEVELOPMENT, INC. (collectively
27 "Plaintiffs") hereby submit the following as their Damage Analysis and Settlement Demand for
28 Mediation on June 8, 2022. The contents herein and as discussed at the mediation are privileged and
PLAINTIFFS' CONFIDENTIAL .SUPP. JvIEDIATION BRIEF ON DAt\{AGES AND SETTLEMENT DEMAND