Loading...
HomeMy WebLinkAbout04-27-2023_HO_MinutesNEWPORT BEACH HEARING OFFICER MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH CORONA DEL MAR CONFERENCE ROOM (BAY E-1st FLOOR) THURSDAY, APRIL 27, 2023 REGULAR MEETING-11:15 A.M I. CALL TO ORDER-The meeting was called to order at 11:15 Rm. Present Staff Present: Rodell R. Fick, Hearing Officer Tonee Thai, Chief Building Official Marshall Shelton, Building Inspector Chris Sanchez, Principal Building Inspector Steven Lane, Principal Building Inspector Rick LaBare, Senior Building Inspector II. PUBLIC HEARING ITEMS ITEM NO.1 Three-Year Construction Limit Extension (X2014-3172) Site Location: 87 Linda Isle, Council District 5 Chief Building Official Thai provided a brief project description stating that the project started on April 6, 2016, which is prior to the implementation of Newport Beach Municipal Code (NBMC) Section 15.02.095, so the start date is revised to June 1, 2019 as per the Code. He noted that the project is progressing, permits expired and renewed with a change to the contractor, July 26, 2016, was the first inspection, November 21, 2022, was the last inspection on record, and the City's notification, outreach, and support efforts to the contractor and homeowner. Chief Building Official Thai indicated that he would provide factual clarification as per NBMC 15.02.095 during the hearing and the City has no recommendation on the extension which is solely at the discretion of the Hearing Officer. Building Inspector Shelton noted needing to review the records to clarify inspection dates, he entered the project following another inspector, and was unclear of the contractor at the project start. Principal Building Inspector Sanchez noted Don Taylor conducted two inspections prior to Building Inspector Shelton. Building Inspector Shelton indicated that he became the primary inspector who followed Don Taylor at the time the slot cut footings were created on the north side of the garage and provided an overview of the garage and front of house plans to his recollection without reviewing the plans. He noted being an inspector for 26 years and the project timeline is subject to many variables. Principal Building Inspector Sanchez explained that the City rotates inspectors every three years, noted Don Taylor's retirement and visiting the project site a few times, and indicated it is a large project that has been going on for a long time. The Hearing Officer opened the public hearing. Mr. Pirverdian, contractor, indicated that the owner let the original contractor go due to shady behavior, the new contractor had to redo areas previously completed, and the project was prolonged due to changes and material shipping delays and broken goods received. He noted the support he received from the City of Newport Beach, roadblocks along the way, being close to final inspections, and an illness that incapacitated him for two months. Mr. Pirverdian indicated that he entered the project mid to late 2016, the job site was inactive and limited workers were at the site, and contractors were disappearing during COVID-19. Page 1 of 4 MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 04/27/2023 When asked the status of the project, Mr. Pirverdian indicated that everything is in the house except for a couple of countertop pieces, the shower glass, and the handrails, the house is painted, the walls are closed, and final inspections are next. He stated that changes are being made now at the request of Building Inspector Shelton and a shipment of doors is pending from overseas with no exact delivery date, but a hopeful arrival mid to !ate June. Leann Benvenuti, Linda Isle Board Member, expressed frustration on behalf of the Board and residents for the longevity of the project and homeowner interactions, noted surrounding construction done in less time, the plan submittal in 2013 and final approval in 2014, changes to the plan, efforts by a neighbor to be friendly to the homeowner, the Board's role in rule violations, 107 homes in the community, and residents who think the request for extended time should be denied. Debbie Hartunian, Linda Isle Board Member, indicated that the homeowner does not respond to summons, fines are building up, and there is no communication. Mr. Pirverdian stated that meeting dates with the Board were changed and cancelled without notification to the contractor and, although he missed one meeting that he could not attend, he attended all the others and noted subjective discrepancies and plan changes that can take months to approve. He acknowledged that house construction and timelines are unique to the project and plans and noted the neighboring homes that were mentioned were under construction for resale. The group discussed the obstacles related to determining a completion date, possibility of another extension request, consequences of an extension denial, supplies and work required to complete the project and pass inspection, and time for finishing the work. There were no final thoughts from City staff and Inspectors. In response to Mr. Fick's Inquiry, Mr. Pirverdian itemized the remaining finishing inspections to complete the project and Building Inspector Shelton indicated that he responds to requests for inspection by the next day. Chief Building Official Thai indicated that the goal of the City is to provide a level of customer service and assistance to the contractor, homeowner, and neighborhood by responding promptly when an inspection is requested, the permit life is set by a City Ordinance and determined by the City Council, the City Council approved a fast track to get the project going again after setbacks and disruptions due to COVID-19 which expires in 2024, the Building Official can extend the permit date set by City Council up to a year providing the findings are the same, and normal extension processes have resumed since the ending of the Emergency Order. In response to Mr. Flck's question, Mr. Pirverdian noted approximately 30 employees, five employees working on the project site today, and subcontractors hired for the glass work, railings, flooring, plumbing, and finishing touches. Mr. Fick thanked everyone in attendance, closed the public hearing, and noted his decision and report will be out in ten days and delivered by the City to the contractor who agreed to forward it to the Association. Chief Building Official Thai reported that the extension expiration is May 1, 2023, and indicated that if a project is not completed within three years it is in violation and the project must stop, be teared out and put back the way it was, at which time an appeal can be filed with the Superior Court. Action: Pending ITEM N0.2 At 1 :45 p.m. or soon thereafter-Three-Year Construction Limit Extension (X2019-0582) Site Location: 324 Hazel Drive Council District 6 Page 2 of 4 MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 04/27/2023 Present: Chad Tillner -homeowner, Dave Pedersen -Landscape Architect, Vin Shervini -Geotechnical Engineer, Michael Ason -Structural Engineer, Debbie Schank -Administrative Assistant Chief Building Official Thai provided a project summary stating that the scope of work for the permit is for a repair of a retaining wall with Cason for a single-family home that was first issued on May 28, 2019 and first inspected on November 18, 2019. He noted that the last inspection was on November 17, 2022, Attachment 1 outlines the dates, and ample notification for the three-year construction time limit was provided and can be found in Attachment 2. Chief Building Official Thai stated that prior to the hearing he granted a couple of extensions with an expiration date of May 31, 2023, which is the maximum amount of time allowed under the ordinance to make up for lost time during the COVI0-19 pandemic shut down. Chief Building Official Thai relayed the reason for this hearing is to allow additional time beyond the limit and noted his authority to grant extensions is temporary and will expire soon at which time projects going past three years will go to the Hearing Officer. Building Inspector LeBare stated he has been the primary inspector on the project since the repair to the Caisson. He indicated that he last visited the site on November 17, 2022, at which time the plans were adjusted to reflect the slope mediation, landscape issues, and repairs to the deck, which were outside the permit scope of work. The Hearing Officer opened the public hearing. Chad Tillner, petitioner, indicated that the properly is on the side of Buck Gully and stated that after a heavy rain he noticed the slate from the hillside had sluffed off. After gaining the opinion of an engineer to install Cason, he began the process to apply for permits with the City in 2017. Mr. Tillner noted a retaining wall in place from long ago that eroded over 40-50 years, the permit to install the retaining wall on the Canyon side was 30 inch in diameter and about 30 feet into the earth, that equipment was craned over the house, permits were approved by the end of May 2019, and drilling began March 2020 when the dril!er was available. Due to caring for his ailing mother from July/August 2018 to February 2020, Mr. Tillner acknowledged that his judgement and clarity was impacted, drilling presented challenges with hard blue stone making it difficult to drill, special drill bits were made to cut through the blue stone; and drilling was completed by the end of 2020 with some concrete pores still needed. He relayed project complications and supply system slowdowns related to COVID~19, the contractor shared in December 202 that he was moving to Portugal, the concrete work finished in the first few months of 2021, and the driller moved onto a more urgent project nearby that Mr. Tillner did not want to cause a delay. In the meantime, he relayed the reason for the delay and first extension request in 2022 to allow time for owls that nested under his deck to vacate before welding at the top of the post and final sign off. Mr. Tillner relayed that the driller noticed a superficial amount of dirt on the hillside had eroded about one to two yards which was not enough to jeopardize the structure, but thought it was a good idea to install wood cribbing to stabilize the hillside in place and that no permit was needed, which the City thought otherwise. Dave Pedersen referenced a picture of the wood laid on the existing grade to help the sluffing of the soil which he suspected is the part that requires a permit because it "may be a combustible material," so he produced a Fuel Modification Plan for the fire department's approval. Mr. Tillner reported that in February 2023 he received from the City four check lists of required documentation at which time he engaged experts to satisfy the items on the list. He stated that no progress was made on the project during the first and second extensions in construction for the owls and the extensions were submitted on the same day or within 24 hours of each other. Additionally, he shared that what is remaining on the project is the required documentation and paperwork. Dave Pedersen confirmed that what remains on the project is paperwork. Page 3 of 4 MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 04/27/2023 Mr. Tinner expected six months' time to complete the paperwork and clarified that he asked for a one-year extension before understanding the process. He stated being unsure of the time needed by the experts and the City to approve the paperwork. Mr. Fick reminded Mr. Tillner that there wi!I be no lag time from City staff for inspections. Mr. Tillner noted that the extension requested is for paperwork approval and not inspections and it is not a "next day" item. The group discussed the paperwork required and time estimates to bring the project to compliance, the idea of removing the wood on the hillside to move the project forward, and the unknown timing of the Plan Checker. Chief Building Official Thai clarified that the timeline established was for the original plans approved, any cause for delay or confusion is due to construction work in the field that expanded beyond the original scope of work, the papeiwork Includes a plan check revision process that demonstrates compliance with code requirements and fire hazards, and plan checks are subject to a 15 working day turn around. Mr. Ti!lner noted the challenge of satisfying dueling concerns for geotechnlcal concerns of erosion and fire hazards and explained the function of the cribbing wall to prevent erosion year after year. Mr. Fick thanked everyone in attendance, closed the public hearing, received Exhibits A and B as part of the record, and announced he will likely notify the City of a decision within a week who will distribute the Notice and Decision. Action: Pending Ill. PUBLIC COMMENTS ON NON-AGENDA ITEMS None IV. ADJOURNMENT The hearing was adjourned before 3 p. m. The agenda for the Hearing Officer was posted on April 20, 2023, at 5:15 p.m. on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the c· 's website on April 20, 2023, at 5:20 p.m. Page4 of4