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HomeMy WebLinkAbout11-16-2023_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, NOVEMBER 16, 2023 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:02 a.m. Present Steven P. Graham, Hearing Officer Staff Present: Tonee Thai, Chief Building Official Steven Lane, Principal Building Inspector II. PUBLIC HEARING ITEMS ITEM NO. 1 Second Request Extension for a Three-Year Construction Limit (X2015-3753, XR2023-0545) Site Location: 4615 Brighton Road Project Summary Request for a second 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 September 2, 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-day extension, per application for extension, if the officer finds special circumstances that 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). The following people announced their attendance: Tonee Thai, Chief Building Official for the City of Newport Beach Steven Lane, Principal Building Inspector for the City of Newport Beach Robert Dougherty, Superintendent Brian Munzell, Property Owner’s Representative MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 11/16/2023 Page 2 of 3 Hearing Officer Graham stated that the first hearing took place on August 31, 2023, at which time a 180- day extension was granted. He summarized the August 31, 2023, hearing order, read the hearing order, and outlined the rules and procedures for the hearing. Chief Building Official Thai provided an updated project inspection timeline and extension history. He testified that the project is progressing and noted the City’s support in granting the maximum extension authorized under the City’s code. Since the last inspection was on October 11, 2023, an unidentified speaker (presumably Mr. Dougherty) stated that the project has been progressing and has received no complaints. Chief Building Official Thai stated that public notice was provided, and no correspondence by any of the neighboring property owners was received. He further testified that no violations to the conditions of approval set by Hearing Officer Graham on August 31, 2023, are known by the City. Hearing Officer Graham stated for the record that no members of the public are present at the hearing. Mr. Dougherty utilized the packet that included recent photographs of the project site to provide a detailed room-by-room status update and expressed his intentions and goals to complete the remainder of the project tasks. Hearing Officer Graham indicated that granting an extension would bring the project deadline to May 26, 2024, and asked if the project would be done by that time. Mr. Dougherty stated that everything is being done to complete the project on time. Mr. Munzell expressed reasonable expectations that the project would be done on time. Mr. Munzell testified that the owners aggressively want to see the project completed. In response to Hearing Officer Graham’s question about the green roof structure, Mr. Dougherty stated that the green roof structure is on the same property, what they are doing right now is a 20,000-square-foot room addition, lots have been combined to create one lot, and an extensive water management system was created in the backyard. Mr. Munzell indicated that $75 million has been invested into the project so far and that if the extension was not granted, the applicant would suffer significant financial loss. Chief Building Officer Thai explained the consequences if the Hearing Officer does not grant the permit extension. He testified that if the extension was not granted, the City’s Attorney’s office would issue a letter to the applicant and would need to work through and complete a settlement agreement with the City or go to court. Hearing Officer Graham added that work on the project would cease, and everything would need to be removed, if the permit extension was not granted. Action: Hearing Officer Graham noted that a significant amount of progress has been made since the August 31, 2023 hearing. He found that special circumstances exist due to the project’s unique shape, size, geographical position, significant design elements and custom fabrication elements. He granted the full 180-day second extension followed by a written order in 10 business days, included a note on the record that this extension is the final extension permissible by the hearing officer and further extensions are required to go to the City Council, and maintained the conditions of approval from the previous hearing order. Hearing Officer Graham encouraged the applicant to do everything possible to complete the project within the 180-day extension time period and be cognizant of the deadlines for filing a request before the City Council. He imposed the same conditions on approval as the prior hearing, which included compliance with the ordinances of the City of Newport Beach related to parking, noise, and workdays and times. MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 11/16/2023 Page 3 of 3 III. PUBLIC COMMENTS ON NON-AGENDA ITEMS None IV. ADJOURNMENT The hearing was adjourned at 11:05 a.m. The agenda for the Hearing Officer was posted on October 26, 2023, at 1:05 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 October 31, 2023, at 4:26 p.m. Steven P. Graham, Hearing Officer