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HomeMy WebLinkAbout1.0_Staff_Report_X2015-3753_4615 Brighton Rd_FINAL VERSIONCITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT November 16,2023 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: X2015-3753, XR2023-0545 SITE LOCATION: 4615 Brighton Road APPLICANT: Scott DeMarois for PMC Consulting PROPERTY OWNER: SHILOH LLC BUILDING INSPECTOR: Richard La Bare, Sr. Building Inspector PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov PROJECT SUMMARY NEW SINGLE-FAMILY DWELLING WITH TWO LEVELS OF BASEMENT CONSISTING OF 19,322 SF OF HABITABLE SPACE, 2,514 SF STORAGE, 2,241 SF OPEN COVERED SPACE, AND 1,101 SF GARAGE. This is a second hearing request for additional extension. Applicant requested nine months, which exceeds the maximum 180 days permitted per NBMC 15.02.095. The first hearing was conducted on August 31, 2023. BUILDING PERMIT HISTORY •This project first started with Permit X2015-3753 issued on October 4, 2016, withsubsequent permits that has since expired. Referenced permits are subject to Newport Beach Municipal Code 15.02.095 with initial three-year construction limit expiration date of June 1, 2022. •Permit XR2023-0545 is an expansion of scope permit to install radiant floor heatingsystems. •The first inspection was on December 5, 2016. •Please refer to staff report of the hearing conducted on August 31, 2023, for permitinspection history prior to August 1, 2023 (Attachment 2). •The last inspection was on October 11, 2023, as of date of this staff report. 1 4615 Brighton Road – X2015-3753 Administrative Hearing, November 16, 2023 Page 2 • Please refer to Attachment 1 for detailed permit history since last hearing on August 31, 2023. PREVIOUS EXTENSIONS The chief building official granted an extension for a three-year construction time limit on April 27, 2022, with expiration date of June 1, 2023. (Attachment 3, Part of 1st Hearing staff report) Hearing officer granted maximum 180 days extension with expiration date of November 28, 2023, based on public hearing conducted on August 31, 2023. (Attachment 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-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 after August 31, 2023 Attachment No. 2 – 1st Public Hearing Order Attachment No. 3 – 1st Public Hearing Staff Report 2 Attachment No. 1 Building Inspection History after August 31, 2023 3 4 5 6 7 8 9 10 11 12 13 14 Attachment No. 2 1st Public Hearing Order 15 Finance Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3141 PH | 949 644-3073 FAX newportbeachca.gov October 4th, 2023 PMC CONSULTING 76 Mercantile Way #721 Ladera Ranch, CA 92694 Re: Three Year Construction Time Limit Extension Hearing Results Dear Appellant: Attached please find the Hearing Officer’s findings regarding your appeal of Three Year Construction Time Limit Extension. If you require further information, please call 949-644-3141. Sincerely, Evelyn Tseng Revenue Manager 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING BEFORE THE ADMINISTRATIVE HEARING OFFICER FOR THE CITY OF NEWPORT BEACH, CALIFORNIA IN RE 4615 Brighton Road APPLICATION FOR PERMIT EXTENSION (NBMC 15.02.095) FINDINGS OF FACT AND STATEMENT OF DECISION OF THE ADMINISTRATIVE HEARING OFFICER Hearing Officer: Steven Graham Pacifico Date: August 31, 2023 Time: 1:20 p.m. INTRODUCTION 1. This matter involves an extension of time to complete construction for work under building permits issued for 4615 Brighton Road ("Subject Property") in the City of Newport Beach under Section 105.3.4 of the Newport Beach Administrative Code (a locally amended version of the California Building Code) as codified at Newport Beach Municipal Code ("NBMC") Section 15.02.095. Steven Graham Pacifico ("Hearing Officer"), sitting as the Hearing Officer under NBAC Section 105.3.4, heard this matter on August 31, 2023, at 1:20 p.m. (the "Hearing"). The Hearing Officer is a licensed attorney in the State of California and serves as Hearing Officer under contract with the City of Newport Beach ("City"). Pursuant to NBAC Section 105.3.4, the Hearing Officer shall hear and decide whether this application for extension should be granted, conditionally granted, or denied. 2. The City is a charter city and municipal corporation existing under the laws of the State of California. The City was represented at the Hearing by Tonee Thai, Chief Building Official ("City Representative"). Also in attendance from the City was Principal Building Inspector Steven Lane. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING 3. Byran Munzell, owner's representative, Robert Dougherty, a superintendent of the project, Scott Demarois, a superintendent of the project, and Bill Coughlin, a permit consultant, appeared in support of the application for an extension of time. Collectively, the owner's representative project superintendents and the permit consultant are referred to as the "Applicant." 4. A member of the public, Christine Lawry, was present at the Hearing and asked how the project would affect the neighboring properties. 5. The following Findings of Fact, Conclusions of Law, and Decision and Order are based on the evidence presented during the Hearing. 6. The Hearing Officer considered the testimony of all witnesses at the Hearing and all documents made part of the administrative record. The mere fact that a witness's testimony or document may not be specifically referred to below does not and shall not be construed to mean that said testimony or document was not considered. 7. Pursuant to the Administrative Hearing Rules and Procedures of the City of Newport Beach, the Hearing was digitally recorded. 8. The documents presented to the Hearing Officer during the hearing are attached hereto as Exhibit A and form the administrative record of the hearing. ISSUES 8. Pursuant to Section 105.3.4 of the NBAC, the issue to be determined by the Hearing Officer is whether to grant, or conditionally grant, up to a one hundred and eighty (180) calendar day extension, based on a finding that either (i) special circumstances warrant an extension of time or (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. FINDINGS OF FACT AND CONCLUSIONS OF LAW 9. This matter is before the Hearing Officer consistent with Section 105.3.4 of the NBAC. 10. The City of Newport Beach adopted the 2019 California Building Code by reference under Ordinance No. 2019-17 as the Newport Beach Administrative Code, codified at Newport Beach Municipal Code Section 15.02.010, which reads in part, "The City Council adopts and 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING incorporates by reference, as though set forth in full in this section, Chapter 1, Division II of the 2019 Edition of the California Building Code as published by the International Code Council." 11. The City of Newport Beach adopted certain additions, amendments, and deletions to the 2019 California Building Code, pursuant to its authority under California Health and Safety Code Section 17958.5. 12. One such addition is the addition of Sections 105.3.3, 105.3.4, and 105.3.5 to the Newport Beach Administrative Code, codified at Newport Beach Municipal Code Section 15.02.095. Section 105.3.3 reads: "For any one-unit or two-unit dwelling for which a tentative and final tract map is not required, the maximum allowable time to complete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accordance with Section 105.3.4. For building permits issued on or after June 1, 2019, the time limit to complete construction shall begin on the date of issuance of the first or original building permit. For building permits issued prior to June 1, 2019, the time limit to complete construction shall be three (3) years from June 1, 2019. Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of Section 15.02.095. Time limits set forth herein shall not be extended by 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING issuance of a subsequent building permit(s) for the same project." (emphasis added). 13. Permit No. X2015-3753 was issued by the City of Newport Beach on October 4, 2016. Permit XR2023-0545 was an expansion of scope permit to install radiant floor heating systems. Collectively, all original, expired, and replacement permits are referred to as the "Permits." The Permits were set to expire under NBAC 105.3.3 on June 1, 2022. 14. The City implemented a new permitting system in July 2022. The permit's extended three-year construction limit expiration date, June 1, 2023, did not transfer over to the system. As a result, subsequent expiration notification was not sent, and permit status was not updated until the error was corrected by City staff. Notice of pending three-year construction limit expiration was sent on March 30, 2022. 15. The Permits may be extended up to one-year beyond the initial three-year deadline by application to the City Building Official. (NBAC 105.3.4(1)). 16. The City's Chief Building Official granted an extension for a three-year construction time limit on April 27, 2022, with an expiration date of June 1, 2023. 17. Section 105.3.4 provides that if a project is not completed within the timeframe authorized by the Building Official, the property owner or their authorized agent may seek further extension from the City's Hearing Officer. The property owner or applicant may seek two extensions from the Hearing Officer which shall not exceed 180 days each. To grant the extension the Hearing Officer must find that either (i) special circumstances warrant an extension of time or (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. Any approval of an extension should include conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The Applicant filed a request for an extension with the City Hearing Officer seeking an extension for the full 180 days possible under the code. 18. The City Representatives presented uncontroverted evidence that there has been consistent and diligent progress made toward the completion of the project under the Applicant. The City 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING Representatives could not estimate how much additional time would be needed to complete the project. City Representatives indicated that the scale of the project, a roughly 25,000 square foot structure, and its proximity to cliffs overlooking the Pacific Ocean added to the project's complexity, making the delays in project completion understandable. There was no objection from the City Representatives to the Hearing Officer granting an extension from the City. 19. The Applicant, through testimony of Superintendent Dougherty, provided uncontroverted evidence that the project has not ceased operation and has consistently moved towards completion. Applicant, through testimony of Superintendent Dougherty, stated the circular atrium and its location underground on the cliff's edge make the project very complex. Additionally, Applicant indicated delays in project completion resulted from shipping delays due to the COVID-19 pandemic and port delays in receiving shipments of stone and brass. 20. The Applicant, further stated that a change in the architect was another reason for the delay in project completion. 21. Applicant, through the testimony of Superintendent Dougherty, denied causing any parking- related issues to the neighboring properties as a result of ongoing construction. Applicant denied causing excessive noise levels in violation of City code as a result of ongoing construction. Permit consultant Coughlin indicated that the project is beyond the point of causing excessive noise, and most of the remaining work is interior. 22. The Applicant anticipated completion of the project within 9-12 months. Superintendent Dougherty indicated that eighty to ninety percent of the exterior stone is completed, and several walls on the interior have been drywalled. 23. There was no testimony from the public at the hearing concerning the request for an extension. DECISION AND ORDER 24. The Applicant has presented sufficient evidence to establish that "special circumstances warrant an extension of time." The Subject Property's unique shape, size, geographical position, and incorporation of various elements requiring custom fabrication warrant a special circumstance for which a time extension may be granted. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING 25. The Hearing Officer conditionally grants a 180-day extension and informed the Applicant that if they sought another extension, evidence as to the completion of the exterior of the project would be critical to determining whether any potential additional extension would be warranted. 26. Bearing in mind the impact on the neighboring properties, the Hearing Officer imposes the following condition of approval on the grant of an extension: a) Any employee, agent, or contractor of the project must comply with the City's parking ordinance. b) Any employee, agent, or contractor of the project must comply with the City's noise ordinance. c) Any employee, agent, or contractor of the project is permitted to work only during the hours/days permitted by the City's Administrative Code. 27. Under NBAC 105.3.4 this decision is final and not appealable to any City body. 28. Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Orange County Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4. There may be other time limits which also affect your ability to seek judicial review. Dated: October 3, 2023 /s/ Steven Graham Pacifico Administrative Hearing Officer 22 Attachment No. 3 1st Public Hearing Staff Report 23 CITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT August 31, 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: X2015-3753, XR2023-0545 SITE LOCATION: 4615 Brighton Road APPLICANT: Scott DeMarois for PMC Consulting PROPERTY OWNER: SHILOH LLC BUILDING INSPECTOR: Richard La Bare, Sr. Building Inspector PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867, tthai@newportbeachca.gov PROJECT SUMMARY NEW SINGLE-FAMILY DWELLING WITH TWO LEVELS OF BASEMENT CONSISTING OF 19,322 SF OF HABITABLE SPACE, 2,514 SF STORAGE, 2,241 SF OPEN COVERED SPACE, AND 1,101 SF GARAGE. BUILDING PERMIT HISTORY •This project first started with Permit X2015-3753 issued on October 4, 2016, withsubsequent permits that has since expired. Referenced permits are subject to Newport Beach Municipal Code 15.02.095 with initial three-year construction limit expiration date of June 1, 2022. •Permit XR2023-0545 is an expansion of scope permit to install radiant floor heatingsystems. •The first inspection was on December 5, 2016. •The last inspection was on August 1, 2023. City implemented a new permitting systemin July 2022. The permit’s extended three-year construction limit expiration date,June 1, 2023, did not transfer over to the new system. As a result, subsequent expiration notification was not sent, and permit status was not updated until error wascorrected by staff. •Please refer to Attachment 1 for detailed permit history. 1 24 4615 Brighton Road – X2015-3753 Administrative Hearing, August 31, 2023 Page 2 •Notice of pending three-year construction limit expiration was sent on March 30, 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 27, 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 theenvironment; 3)The hearing officer may grant, or conditionally grant, up to a 180-calendar dayextension, 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 bycircumstances 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 inNewport 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 2 25 Attachment No. 1 Building Inspection History 3 26 4 27 5 28 6 29 7 30 8 31 9 32 10 33 11 34 12 35 13 36 14 37 15 38 16 39 17 40 18 41 19 42 20 43 21 44 22 45 23 46 24 47 25 48 26 49 27 50 28 51 29 52 30 53 31 54 32 55 33 56 34 57 35 58 36 59 37 60 38 61 39 62 40 63 41 64 42 65 43 66 44 67 45 68 46 69 47 70 48 71 49 72 50 73 51 74 52 75 53 76 54 77 55 78 56 79 57 80 58 81 59 82 60 83 61 84 62 85 63 86 64 87 65 88 66 89 67 90 68 91 69 92 70 93 71 94 72 95 73 96 74 97 75 98 76 99 77 100 78 101 79 102 80 103 81 104 82 105 83 106 84 107 85 108 86 109 87 110 88 111 89 112 90 113 91 114 92 115 93 116 94 117 95 118 96 119 97 120 98 121 99 122 100 123 101 124 102 125 103 126 104 127 105 128 106 129 107 130 108 131 109 132 110 133 111 134 112 135 113 136 114 137 115 138 116 139 117 140 118 141 119 142 120 143 121 144 122 145 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617 640 618 641 619 642 620 643 621 644 622 645 623 646 624 647 625 648 626 649 627 650 628 651 629 652 630 653 631 654 632 655 633 656 634 657 635 658 636 659 637 660 638 661 639 662 640 663 641 664 642 665 643 666 644 667 645 668 646 669 647 670 648 671 649 672 650 673 651 674 652 675 653 676 654677 655 678 656 679 657 680 658 681 659 682 660 683 661 684 662 685 663 686 664 687 665 688 666 689 667 690 668 691 669 692 670 693 671 694 672 695 673 696 674 697 675 698 676 699 677 700 678 701 679 702 680 703 681 704 682 705 683 706 684 707 685 708 686 709 687 710 688 711 689 712 690 713 691 714 692 715 693 716 694 717 695 718 PERMIT ACTIVITY REPORT (X2015-3753) FOR CITY OF NEWPORT BEACH Activity CommentsActivity NumberActivity NameActivity TypeCreated Date Created By 08/07/2023 Generic Activity HEARING APPLICATION ROUTED ACT-001740-2023 HEARING APPLICATION ROUTED TO CITY CLERKL AND FINANCE FOR PROCESSING. Tonee Thai Generic Activity HEARING APPLICATION SUBMITTAL ACT-001739-2023 HEARING APPLICATION SUBMITTED ON 08/02/2023. EnerGov implementation (06/11/2022) did not carry over the 06/01/2023 3-Year Construction Limit extension date that was approved in PermitPlus on 04/27/2022. Applicant was not notified nor did EnerGov expire the permit. Instructed SL to have the contractor apply for a hearing and permit to submit request after 45 days min date due to City error. Tonee Thai Generic Activity HEARING NOTIFICATION ACT-001742-2023 RECEIVED CONFIRMATION FROM FINANCE THAT APPLICANT HAS BEEN NOTIFIED OF HEARING DATE AND TIME, 08/31/2023 AT 1:15 P.M. Tonee Thai Generic Activity HEARING DATE 08/31/2023 ACT-001741-2023 Tonee Thai 100 Civic Center Dr, Newport Beach, CA 92660 Page 1 of 1August 09, 2023 696 719 Attachment No. 3 Building Official Extension 697 720 ,_:,·.·,,::,,.'.·.':.;) ·-t�\�\:�l ..n,:l;/ , � f ,!,�C>}\,,"'1} CITY OF NEWPORT BEACl-1 COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION 100 Civic Center Drive I P.O. Box 1768 I Newport Beach, CA 92658-8915 www.newportbeachca.gov I (949) 644-3200 l"hree Year Construction Time Limit Extension Building Official Application Project Address: 4615 BRIGHTON RD Receipt No.: Permit No.: Street Address: ·City:· State:·Zip Code:20 Ftedonda Email: robert@jcdyer.com Irvine •Phone: PROJECT INFORMATION Length of extension requested: -1·8· �AtflS- \ 2 vt-<..�N: �<:> 949-300-i 091 CA 92620 I Hf;/?JfBY .. 9!;:RJIF.Y THATTflJlA�Q.VE; $Tf\Tf;1y1gNT/S .TRIJ..E.. Relatlonshi t Department Action: )z('Approved □Denied •······ Conditions ,� ... "'V\'.,.,.-�1•4,., ."-7',l..=\•"'= cr,..J l<)(o•-Ot·�'Z,o"'e..-3 '"'1.4"',e 11.-, .11 of Approval rl;i; ... v-, ,;;,q,-,.,--V ,-, ,...... \l"'f'"'< .,...,. n I'< Vl4':>1.".::>(f1cr"N.f\-t-- or G")lTl:.,71'.l'Plcn,( (-S c'I M').l'1't,"'1) '?e::,'f ·\,-e-�N.«"."".> O'"F-"F't�'l?. ... , Comments: Building Inspector Reviewed: Building Official ·l,> \pproval: Building0fficial3YearExtension Valid Until 04/22/2025 Ordinance 2022-8 / NBMC 15.02.095 Date: t( l'tf /� Date: t?-( lz7 lzz_ 698 721