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NEWPORT BEACH HEARING OFFICER MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
CORONA DEL MAR CONFERENCE ROOM (BAY E-1st FLOOR)
THURSDAY, JUNE 27, 2024
REGULAR MEETING – 8:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 8:00 a.m.
Present: Hearing Officer Jamaar M. Boyd-Weatherby
Staff Present: Tonee Thai, Chief Building Official
Chris Sanchez, Principal Building Inspector
II. PUBLIC HEARING ITEMS
ITEM NO. 1 Three-Year Construction Limit Extension (X2019-1744, U2024-5088)
Site Location: 101 Bayside Place
Project Summary
The scope of work for the project is to construct a new 5,857 sq. ft. single-family residence with a
basement and attached 2,022 sq. ft. garage, 778 sq. ft. mechanical rooms, 1,904 sq. ft. deck, and
shoring.
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).
Hearing Officer Boyd-Weatherby began the hearing by reviewing the meeting ground rules and
swearing in the speakers who would testify. He noted that the findings will be based on the
testimony provided.
Chief Building Official Thai provided a brief project description stating the scope of work, building
permit and inspection history, previous extensions, stop work order issue date, staff
recommendation, and terms for an extension by the hearing officer. He introduced Principal
Building Inspector Chris Sanchez.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH HEARING OFFICER 06/27/2024
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Dayne Mossel, applicant, recapped the project timeline, challenges, and work plan that took about
26 months before construction began, approximately early 2022. He noted the challenges related
to COVID-19, a construction timeline of 24 months to date, no complications or hold backs since
getting out of the ground, parking arrangement impacts, zero work Saturday zone, a good
relationship with the neighbors, current house condition and state of work, an unknown timeline
for utility installation, and no anticipated setbacks to complete the house in the next 12 months.
Chief Building Officer Thai clarified that 180 days is the maximum extension by a hearing officer
permitted by the Newport Beach Municipal Code.
Mr. Mossel stated that 180 days is sufficient time to complete the project. He reviewed the unique
characteristics of the property, noted that one subcontractor works at a time, and relayed that they
are doing their best to finish and are close to finals with the only hold up from the utility company
as they wait in the que.
Action: Hearing Officer Boyd-Weatherby stated that the matter is under submission and a final
order will be received as soon as possible.
ITEM NO. 2 Three-Year Construction Limit Extension (X2018-3856 and XR2023-0561)
Site Location: 515 36th Street
Project Summary
The scope of work for the project is to construct a new 4,082 sq. ft. duplex with attached 422 sq.
ft. garage.
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).
Hearing Officer Boyd-Weatherby stated that formal rules of evidence do not apply at the hearing,
relevant evidence is admissible, yelling and inferences to questions is discouraged, and the staff
report will be included in the record. He swore in the speakers who would testify.
MINUTES OF THE MEETING OF THE
NEWPORT BEACH HEARING OFFICER 06/27/2024
Page 3 of 4
Chief Building Official Thai provided a brief project description stating the scope of work, building
permit and inspection history, permit expiration notification, previous extensions, staff
recommendation, terms for an extension by the hearing officer, and a stop work order.
Bill Chow, applicant, stated that the project started in early 2023 once a construction loan was
secured and noted the project timeline, issues with the first contractor, work after hiring Mr. Chow
in October 2023, impacts from the parking arrangements, completed framing and first inspection,
next steps, and work stopped on June 12. He asked for an extension to complete the project and
noted the owner purchased the property with the approved plans and pulled the permit upon
receipt of the title, the challenge to build the sea wall and framing, one year to complete the
project, replacement vinyl windows to be able to complete the project in six months, continuous
work since October, language barrier by the owner, penalties from the construction loan that start
mid-2025, and ease of the construction that remains.
In reply to Hearing Officer Boyd-Weatherby’s question, Principal Building Inspector Sanchez
stated that the vinyl windows need to meet the u-factor. Mr. Chow compared the timeline for using
vinyl versus aluminum windows, suggested hiring a different architect to make a quick
modification, and noted the property purchase date by the current owner and that the permits
were pulled by the owner.
Chief Building Official Thai clarified that changing the window material from aluminum to vinyl is
feasible, but the vinyl windows must have a higher efficiency than what is specified for the
aluminum and plan changes need to be done by the same design team. He relayed that staff
could have a same day turnaround, but the timeline by the architect is unknown.
Mr. Chow stated that the construction of the project can be completed in five months, but noted
no control over City inspections and the time it takes for changes to the plan by the architect. He
indicated that he would talk to the owner about changing the window material, did not order the
vinyl windows prior to talking with the City, and being unaware of no local vendor to make
aluminum with the necessary u-factor.
Action:
Hearing Officer Boyd-Weatherby took the project under submission and stated he will provide a
written response and final order as soon as possible.
III. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None
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MINUTES OF THE MEETING OF THE
NEWPORT BEACH HEARING OFFICER 06/27/2024
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IV. ADJOURNMENT
The hearing was adjourned, and the time was 9:45 a.m.
The agenda for the Hearing Officer was posted on June 13, 2024, at 03:40 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 13, 2024, at 04:00 p.m.
Jamaar M. Boyd-Weatherby, Hearing Officer