HomeMy WebLinkAbout01_Staff_Report_6 Inverness Ln_X2019-1953 FINALCITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT
December 14, 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: X2019-1953, X2019-1954, XR2023-1013
SITE LOCATION: 6 Inverness Lane
APPLICANT: Lindsay Lomeli
PROPERTY OWNER: SMITH WILBUR H III TR WPBS TR
BUILDING INSPECTOR: Bill Tuman, 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 for NEW 10,701 SQ. FT. SINGLE-FAMILY DWELLING WITH BASEMENT AND ATTACHED 1,685 SQ. FT. GARAGE.
THIS A SECOND HEARING REQUEST FOR ADDITIONAL EXTENSION. APPLICANT
REQUESTED 6 MONTHS WHICH EXCEEDS THE MAXIMUM 180 DAYS PERMITTED
PER NBMC 15.02.095.
FIRST HEARING WAS CONDUCTED ON JUNE 1, 2023.
BUILDING PERMIT HISTORY
•Building Permit X2019-1953 is the first permit issued the for the project to construct anew single-family dwelling with a basement and attached garage.
•Building Permit X2019-1954 is for a 5-foot high by 237-foot long retaining wall located
inside the property line.
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•Building Permit XR2023-1013 is for added scope of work for new open roof patio,BBQ, firepit, site retaining wall at front yard inside.
•The first inspection was on 10/08/2019.
•Please refer to staff report of the hearing conducted on June 1, 2023, for permitinspection history prior to February 21, 2023 (Attachment 2)
•The last inspection was on 11/09/2023, as of date of this staff report.
•Please refer to Attachment 1 for detailed permit history since last hearing on June 1,2023.
PREVIOUS EXTENSION
The chief building official granted an extension for a three-year construction time limit on 05/17/2022, with expiration date of 06/21/2023. (Attachment 3, Part of 1st Hearing staff report).
Hearing officer granted maximum 180 days extension with expiration date of December 18, 2023, based on public hearing conducted on June 1, 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 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
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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 February 21, 2023 Attachment No. 2 – 1st Public Hearing Order
Attachment No. 3 – 1st Public Hearing Staff Report
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Attachment No. 1
Building Permit History after February 21, 2023
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Attachment No. 2
1st Public Hearing Order
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00074948.1
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
BEFORE THE
ADMINISTRATIVE HEARING OFFICER
FOR THE
CITY OF NEWPORT BEACH, CALIFORNIA
IN RE
6 Inverness 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: June 1, 2023 Time: 10:45 a.m.
INTRODUCTION
1.This matter involves an extension of time to complete construction for work under building
permits issued for 6 Inverness (“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 June 1, 2023 at 1045 a.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.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”). The City Representative was also accompanied by the Principal Building
Inspector and Building Inspector from his office.
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00074948.1 2
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
3.Wilbur H. Smith III, owner of the Subject Property was present at the Hearing and was
accompanied by Jeff Hollenbeck. Collectively, Mr. Smith and Mr. Hollenbeck are referred to as
the “Applicant.”
4.There were no members of the public present at the hearing and no written public comments
were received.
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 form the administrative
record of the hearing including the staff report and any written documents submitted by the
public and the Applicant.
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
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00074948.1 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
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00074948.1 4
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
issuance of a subsequent building permit(s) for the same project.”
(emphasis added).
13.The permits subject to this Hearing for the Subject Property are stated in the hearing of the staff
report as X2019-1953, X2019-1954, XR2023-1013 (collectively, the “Permit”). The Permit was
set to expire under NBAC 105.3.3 on June 21, 2022.
14.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)).
15.The full year extension was granted by the Building Official to June 21, 2023.
16.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. On April 13, 2023, Applicant filed a request for an extension with the City
Hearing Officer seeking an extension for one year.
17.The City Representatives presented uncontroverted evidence that there has been diligent
progress made and the project is nearing completion.
18.There were no in person or written public comments.
19.The Applicant, through testimony of Mr. Smith and Mr. Hollenbeck provided uncontroverted
evidence that the project was nearing completion and that the delays in the project were due to
special circumstances resulting from unique soil conditions, and circumstances beyond the
control of the Applicant such as labor/material shortages as a result of the COVID-19 pandemic.
The Applicant anticipates a move-in date in October 2023.
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00074948.1 5
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
DECISION AND ORDER
20.The Applicant has presented sufficient evidence to establish a basis for extension under either
special circumstances and circumstances beyond the Applicant’s control.
21.There was no evidence presented that warrants the imposition of any conditions.
22.The Permits are hereby extended to December 18, 2023.
23.Under NBAC 105.3.4 this decision is final and not appealable to any City body.
24.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: June 1, 2023 /s/ Steven Graham Pacifico
Administrative Hearing Officer
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Attachment No. 3
1st Public Hearing Staff Report
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CITY OF NEWPORT BEACH ADMINISTRATIVE HEARING STAFF REPORT
June 01, 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: X2019-1953, X2019-1954, XR2023-1013
SITE LOCATION: 6 Inverness Lane
APPLICANT: Lindsay Lomeli
PROPERTY OWNER: SMITH WILBUR H III TR WPBS TR
BUILDING INSPECTOR: Bill Tuman, 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 for NEW 10,701 SQ. FT. SINGLE-FAMILY DWELLING WITH BASEMENT AND ATTACHED 1,685 SQ. FT. GARAGE
BUILDING PERMIT HISTORY
•Building Permit X2019-1915 is the first permit issued the for the project to constructnew single-family dwelling with a basement and attached garage.
•Building Permit X2019-1954 is for a 5-foot high by 237-foot long retaining wall located
inside the property line. This permit is expired.
•Building Permit XR2023-1013 is for added scope of work for new open roof patio,BBQ, firepit, site retaining wall at front yard inside. This permit is currently in theapplied status.
•The first permit was issued on 06/21/2023.
•The first inspection was on 10/21/2019.
•The last inspection was on 02/21/2023.
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•Please refer to Attachment 1 for detailed permit history.
•Notice of pending Three-Year Construction Limit expiration were sent on 03/30/2022.
•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
05/17/2022, with expiration date of 06/01/2023. (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. If
the 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 hearingofficer 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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Attachment No. 2
Three-Year Construction Limit Notice Activities
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Attachment No. 3
Building Official Extension
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