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HomeMy WebLinkAbout06-28-2023_HO_MInutes Page 1 of 5 NEWPORT BEACH HEARING OFFICER MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH CORONA DEL MAR CONFERENCE ROOM (BAY D-1st FLOOR) WEDNESDAY, JUNE 28, 2023 REGULAR MEETING – 9:00 A.M. I. CALL TO ORDER – The meeting was called to order at 9:07 a.m. Present Steven P. Graham, Hearing Officer Staff Present: Tonee Thai, Chief Building Official Chris Sanchez, Principal Building Inspector for the City of Newport Beach Marshall Shelton, Senior Building Inspector for the City of Newport Beach II. PUBLIC HEARING ITEMS ITEM NO. 1 Three-Year Construction Limit Extension (X2019-1576, X2022-1551, X2022- 1552) Site Location: 1119 Dolphin Terrace Project Summary Request for an extension of a three-year construction limit for Building Permit No. X2019-1576, X2022-1551, X2022-1552, and related permits outlined in Newport Beach Municipal Code (NBMC) Section 15.02.095 Administrative Code - Addition of Sections 105.3.3, 105.3.4, and 105.3.5). The scope of work for the permit is for a new 9,476 square-foot single-family dwelling and basement with an attached 835 square-foot garage and a new 10-foot high by 353-foot long retaining wall. The applicant intends to request an extension until December 31, 2023, to complete the construction. Recommended Action 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). MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 06/28/2023 Page 2 of 5 The following people announced their attendance: Narendra Gupta, Property Owner Clark Fritchle, Construction Manager Tonee Thai, Chief Building Official for the City of Newport Beach Chris Sanchez, Principal Building Inspector for the City of Newport Beach Marshall Shelton, Senior Building Inspector for the City of Newport Beach Hearing Officer Graham indicated that the hearing is for a construction time limit extension and that no other members of the public are in attendance, and he reviewed the terms of his authority and the process and ground rules for the hearing. Chief Building Official Thai reviewed the scope of work, permit and inspection history, notice to the applicant, and the work ceasing until the hearing. The last inspection was May 21, 2023. Building Official Thai clarified that Hearing Officer Graham could grant an extension for up to 180 days from the permit expiration date of June 1, 2023. Hearing Officer Graham requested clarification from the Chief Building Official Thai regarding when the clock starts on the 180-day extension, which Hearing Officer Graham is authorized to give in light of the City’s recently passed ordinance. Chief Building Official Thai stated that based on his interpretation of the City’s ordinance, the 180-day extension is calculated from the date the permit expired. Hearing Officer Graham inquired as to why there was a delay in scheduling this hearing. He stated that it looked like the applicant applied back in April for a hearing, and stated that the point of the City’s ordinance was to keep projects moving towards the finish line. Chief Building Official Thai testified that these hearings are typically set for the last week of the month on a Wednesday or Thursday, which, coupled with the public noticing requirement, severely limits the City from conducting too many hearings. Senior Building Inspector Shelton estimated that the project is in the high 90th percentile of completion, and the remaining items have made significant progress. The remaining items revolve around the glass for the guard rails. Mr. Gupta indicated that the project is pretty much complete and was delayed during the general contractor replacement after the previous general contractor left the project when he did not follow the structural engineer’s directions for the glass wall, footings, and slope. He indicated that the City helped get the project going again. Construction Manager Fritchle itemized the remaining tasks, which included finishing the interior staircase and structural glass guardrail. Additionally, he testified that the project still needs to complete an electrical inspection, fire sprinkler inspection, and final building inspection. Construction Manager Fritchle testified that the project would be ready for the three remaining inspections by the week of July 21. Chief Building Official Thai relayed that work could begin once the Hearing Officer’s verbal extension is on record. Public comment was received from: Jill Harman via written comment, stated she and her husband have been directly impacted by the project construction over the last three years. She expressed frustration with the construction. She noted excessive noise, traffic, and rude behavior from construction workers, parking issues, trash MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 06/28/2023 Page 3 of 5 and the port-a-potty in view, and interruptions to power and asked the City to limit an extension to three months. The Hearing Officer stated that all the concerns raised by the public commenter have been addressed as part of the permit extension conditions. Action: Hearing Officer Graham granted a permit extension for 90 days, for an exact date of September 29, 2023, at the close of business, with a condition, effective immediately, that all project site personnel comply with the parking laws of the City of Newport Beach and all work occurs on days and hours as authorized by the Newport Beach Municipal Code and the construction port-a-potty is removed, camouflaged, or moved where it is not visible from the right-of-way by the end of two weeks from the hearing order issuance. He stated that the conditions of approval sufficiently address the public comment received on this item. He indicated that an explanation would be needed if more time was requested, and the hearing order would be issued in 10 days. III. HEARING CLOSED The hearing was closed at 9:36 a.m. ITEM NO. 2 Three-Year Construction Limit Extension (X2013-3404) at 10:45 a.m. Site Location: 157 Shorecliff Drive Project Summary Request for an extension of a three-year construction limit for Building Permit No. X2013-3405 and related permits outlined in Newport Beach Municipal Code (NBMC) Section 15.02.095 (Administrative Code - Addition of Sections 105.3.3, 105.3.4, and 105.3.5). The scope of work for the permit NEW 10,040 SQUARE FEET SINGLE-FAMILY DWELLING WITH BASEMENT & SUB-BASEMENT & 1,900 SQUARE FEET GARAGE, 195 SQUARE FEET MECHANICAL ROOM, 668 SQUARE FEET DECKS, AND 30 SQUARE FEET STORAGE. The applicant intends to request an extension until 09/01/2023, to complete the construction. Recommended Action 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 MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 06/28/2023 Page 4 of 5 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). The following people announced their attendance: James Larocque, On-site Construction Manager Rick La Bare, Senior Building Inspector II Steven Lane, Principal Building Inspector Tonee Thai, Chief Building Official Hearing Officer Graham indicated the hearing is for a construction time limit extension and he reviewed the terms of his authority and the process and ground rules for the hearing. Chief Building Official Thai reviewed the scope of work, permit and inspection history, and notice of the pending three-year construction limit expiration and permit extensions and the work ceasing until the hearing. No public comments were received on the matter. Senior Building Inspector La Bare noted the project’s last inspection on May 8, 2023, and about 95% complete, the remaining items before final inspection, and an estimated completion date of several weeks. On-site Construction Manager Larocque stated that the delay in 2022–23 was caused by Southern California Edison when they cancelled the project, explained the issues related to the transformer pads and easement, and relayed that the transformer was installed on June 9. Furthermore, he described a two- and one-half year delay between 2014 and 2022 for glass manufacturing, as well as structural changes made by the owner and a mostly steel construction. Mr. Larocque thought the relationship with the neighbors is good, most of the work is done, and there are very few workers on the job site, itemized the remaining work, and asked for a 60–90-day extension. Action: Approved. Hearing Officer Graham made a finding that an extension is warranted for the project due to circumstances beyond the control of the owner, granted an extension for 90 days to September 29, 2023, at the close of business, with no conditions imposed. He indicated that a hearing order will be issued in writing within 10 days and the City will release the project back to work today based on the oral order. III. PUBLIC COMMENTS ON NON-AGENDA ITEMS None Page 5 of 5 IV. ADJOURNMENT The hearing was adjourned at 11:09 a.m. The agenda for the Hearing Officer was posted on June 20, 2023, at 4:00 p.m. on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City’s website on June 20, 2023, at 3:50 p.m. Steven P. Graham, Hearing Officer