HomeMy WebLinkAbout02_06-29-23 Staff_Report_X2019-0148_313 Fullerton Ave
CITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT
June 29, 2023 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: X2019-0148
SITE LOCATION: 313 Fullerton Avenue APPLICANT: Guy Harden PROPERTY OWNER: HARDEN GUY T TR
BUILDING INSPECTOR: Jaime Molina, Building Inspector
PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867,
tthai@newportbeachca.gov
PROJECT SUMMARY CONVERT EXISTING 816 SF GARAGE TO HABITABLE TO CREATE AN ACCESSORY DWELLING UNIT WITH TOTAL AREA OF 1,486 SF.
BUILDING PERMIT HISTORY Currently, only referenced permit above is subject to Newport Beach Municipal Code 15.02.095 with initial three-year construction limit expiration date of June 1, 2022.
• The permit was issued on February 5, 2019.
• The first inspection was on August 14, 2019.
• The last inspection was on April 20, 2023.
• Please refer to Attachment 1 for detailed permit history.
• Notice of pending Three-Year Construction Limit expiration were 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 April 22, 2022, with expiration date of June 1, 2023. (Attachment 3).
313 Fullerton Ave - X2019-0148 Administrative Hearing, June 29, 2023 Page 2
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