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HomeMy WebLinkAbout08-31-2023_HO_Minutes Page 1 of 3 NEWPORT BEACH HEARING OFFICER MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH CORONA DEL MAR CONFERENCE ROOM (BAY E-1st FLOOR) THURSDAY, AUGUST 31, 2023 REGULAR MEETING – 1:15 P.M. I. CALL TO ORDER - The meeting was called to order at 1:20 p.m. Present Steven Graham, Hearing Officer Staff Present: Tonee Thai, Building Official Steven Lane, Principal Building Inspector II. PUBLIC HEARING ITEMS ITEM NO. 1 Three-Year Construction Limit Extension (X2015-3753, XR2023-0545) Site Location: 4615 Brighton Road Project Summary Request for an extension of a three-year construction limit for Building Permit No. X2015-3753, XR2023-0545, 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 for a new single-family dwelling with two levels of basement consisting of 19,322 square feet of habitable space, 2,514 square feet of storage space, 2,241 square feet of open covered space, and 1,101 square foot garage. The applicant intends to request an extension until July 1, 2024, 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 an 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, for 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 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). The following people announced their attendance in this order: Tonee Thai, Chief Building Official for the City of Newport Beach MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 08/31/2023 Page 2 of 3 Steven Lane, Principal Building Inspector for the City of Newport Beach Christine Lawry, Estate Manager for 4541 Brighton Road Robert Dougherty, Superintendent on the Project Scott BeMarios, Superintendent on the Project Bill Coughlin, Consultant Brian Munzell, Property Owner’s Representative Chief Building Official Thai reviewed the scope of work, building permit, inspection history, notice to the applicant, and recommendations by the City. Principal Building Inspector Lane testified not having visited the project site. He said he reviewed the file and believes the project is well underway. However, he stated that insufficient information exists to determine how close the project is to completion. According to the record, Principal Building Inspector Lane testified that the first inspection took place on December 5, 2016 and that the job appears to be moving ahead consistently. Chief Building Official Thai testified that when the project did not make significant progress, such delay was attributable to the time it took to complete a project phase. He further testified that the findings in granting the Building Official’s extension were due to the project’s scale and complexity, the project location along the coastline, and the shoring process for the basement, which also added to the project’s complexity. Mr. Dougherty clarified that the job has been continuous, with an average of 20 craftsmen onsite at one time and sometimes up to 80 workers. Mr. Dougherty described the uniqueness of each room and project complexity, including scraping and digging through hard rock, and noted shipping delays during COVID-19 with 90 to 120-day delivery timeframes. Hearing Officer Graham asked Mr. Dougherty to explain where all the workers park in light of Mr. Doughtery’s comment that they have up to 80 onsite workers at a time. Mr. Doughtey testified that the workers use public street parking on the non-access side of Camden Road and the nonresidential side of Brighton Road. He further stated that noise levels are monitored and are within the required levels. Mr. Munzell added that seismic vibration is also monitored. Hearing Officer Graham noted the cumulative impact on the neighborhood from construction and the tradeoff necessary for construction to community enjoyment of personal property and expressed concern for how long the project is taking and the effect it will have on the surrounding community. Hearing Officer Graham noted challenges with professionals on other projects and stated that it is incumbent upon the owner to hire adequate professionals for the task and that he must follow the language of the Code that states that any delays must be beyond the control of the owners, contractors, or professionals. Mr. Dougherty shared a status update on the project, including the exterior, tan-colored temporary construction fencing consistent with the requirements of the development code, onsite construction toilets blocked by 8-foot fencing, and changes to the project that have not caused significant delays to the project. Hearing Officer Graham acknowledged that even though the project is probably past the worst of the noise, more noise will come from the construction site than from a typical home construction project. MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 08/31/2023 Page 3 of 3 Mr. Dougherty estimated 9 to 12 months until the project is complete. Hearing Office Graham indicated that he could issue two six-month extensions before the project must go City Council for further consideration. Mr. Coughlin stated that he was brought on the job this year to help streamline anything that needs to be pushed through the City to get permitted so it can get done faster and wrap up the project. Mr. Dougherty stated that the big-ticket item remaining is the interior and exterior flooring. Hearing Officer Graham stated that he would like the project to be completed in six months if an extension is granted. However, if the project requires more time, he will want all the exterior work completed to reduce the impact on the neighborhood and neighbors. Hearing Officer Graham noted that there are time limits on permits and specific findings that need to be made to grant an extension as per the California Building Code as amended by the City Council of the City of Newport Beach, referred to as the Newport Beach Administrative Code. He stated that this project would probably be under the category of special circumstances for an extension and recommended making time a higher priority. Chief Building Official Thai disclosed no complaints were received against this project. Action: Hearing Officer Graham found that special circumstances exist in light of the size and complexity of the project. Hearing Officer Graham granted the full 180-day extension beginning June 1, 2023, and added general conditions for compliance with the ordinances of the City of Newport Beach related to parking, noise, and workdays and times. Chief Building Officer Thai confirmed that the oral decision on the record releases the project to return to work. Hearing Officer Graham suggested taking current pictures of the project to demonstrate progress and document substantial delays in the event of a future hearing and applying for a second hearing. He stated that a written hearing order will be issued within 10 business days. III. PUBLIC COMMENTS ON NON-AGENDA ITEMS IV. ADJOURNMENT -The hearing was adjourned at 2:06 p.m. The agenda for the Hearing Officer was posted on August 22, 2023, at 10:05 a.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 August 22, 2023, at 4:26 p.m. Steven P. Graham, Hearing Officer