HomeMy WebLinkAboutDecision Letter
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
BUILDING AND FIRE BOARD OF APPEALS
APPEAL OF CHIEF BUILDING OFFICIAL’S DETERMINATION
RE 1113 KINGS ROAD
DECISION
The City of Newport Beach Board of Appeals (“Board”) heard the appeal of Greg Reed (“Appellant”) of the City’s Chief Building Official's (“Building Official”) determination
regarding the unpermitted construction at 1113 Kings Road (“Property”) at a noticed public
hearing conducted in the Newport Beach Civic Center, Corona del Mar Conference Room (100 Civic Center) on September 10, 2024, at 3:30 p.m.
Appellant appealed the Building Official's determination that Appellant must first apply
for a building permit before replacement of existing wrought iron guardrail with a wooden fence, pursuant to the current California Building Code.
The Board reviewed the evidence submitted by the Appellant, City of Newport Beach
staff, and the public, and heard testimony. The Board finds that:
• The Property had permitted construction of a wrought iron guardrail on the west
side of the Property located on top of a retaining wall;
• The Appellant replaced the permitted wrought iron guardrail on the west side of
Property with a wooden fence without first applying for a City building permit; and
• The applicable California Building Code, Section 105.1, as adopted and amended
by the City, is as follows:
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building
official and obtain the required permit. Having fully considering the matter, the Board finds that California Building Code
Section 105.1 requires application for a building permit for construction of the wooden fence on top of the existing retaining wall. Accordingly, the Board affirms the Building Official's
determination requiring application for a building permit for the construction of the wooden
fence on top the existing retaining wall on the west side of the Property. Pursuant to NBMC 15.80.060(G), the decision of the Board is subject to judicial review pursuant to California
Code of Civil Procedure Section 1094.5.
Vote: Unanimous
1113 KINGS ROAD - BUILDING AND FIRE BOARD OF APPEALS – September 10, 2024 PARTICIPANTS Board of Appeals Members Present: Khosrow Nourmohammadi, Chair; Charles Allen, Vice Chair; Dirk Bondy, Member; Bill Caskey, Member; Kenneth Kasdan, Member;
J.R. Walz, Member
Appellant: Michael Shonafelt, Appellant’s representative
City Staff: Tonee Thai, Deputy Community Development Director/Chief Building Official;
Joseph Meeks, Deputy City Attorney;
Jaime Murrillo, Deputy Community Development Director – Planning; Monique Navarrete, Senior Code Enforcement Officer
Other Participants: Jim Mosher, Member of Public; Gus and Fawzia Azadian,
Neighbor
____________________________ ______________________
Khosrow Nourmohammadi, Chair Date