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Home My WebLink About16 - Amending Title 15 of the Newport Beach Municipal Code Setting Time Limits to Complete ConstructionQ �EwP0 cq<iF�P TO: FROM CITY OF NEWPORT BEACH City Council Staff Report March 12, 2019 Agenda Item No. 16 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Samir Ghosn, Deputy Community Development Director/Chief Building Official, sghosn(a-)-newportbeachca.gov PHONE: 949-644-3277 TITLE: Introduction of an Ordinance Amending Title 15 of the Newport Beach Municipal Code Setting Time Limits to Complete Construction ABSTRACT: On February 26, 2019, the City Council directed staff to consider changing the Newport Beach Municipal Code (NBMC) to establish a time limit on completing a construction project. For City Council's consideration staff proposes limiting the duration of time for completion of a construction project to three years with exceptions for special circumstances RECOMMENDATION: a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 of the Newport Beach Municipal Code to Add Section 15.02.095 Setting Time Limits to Complete Construction, and pass to second reading on March 26, 2019. FUNDING REQUIREMENTS: There is no direct fiscal impact related to the adoption of the ordinance. 16-1 Introduction of Ordinance Amending Title 15 of the Newport Beach Municipal Code Setting Time Limits to Complete Construction March 12, 2019 Page 2 DISCUSSION: At the February 26, 2019, City Council meeting the City Council discussed staff's recommendation on addressing impacts to residential street parking due to construction. One of the recommendations proposed by staff was to impose a maximum time limit of five years for construction projects to complete as the City has no current restriction on length of time. The City Council directed staff to return to the City Council with a proposed ordinance of limiting time for construction projects to a maximum of three years for their consideration. Limiting the time of construction does not speed up the enforcement process for violations, but establishes a hard deadline for completion of the project and limits the overall impacts to the surrounding neighbors. The City Council directed further community outreach on staff's other recommendations and return to City Council for further discussion by the end of April 2019. Staff proposes adding NBMC Section 15.02.095 to set a maximum time limit of three years for a construction project to be completed. The proposed ordinance gives the Chief Building Official authority to extend the length of time for special circumstances. These special circumstances may involve large commercial or residential projects that are developed in phases or are complex in nature. Enforcement If the proposed ordinance is adopted and a construction project takes more than three years to complete it may be considered a public nuisance. NBMC Chapter 10.50 addresses public nuisances and establishes an abatement process. Once the abatement process is exhausted with no resolution or completion of construction, the City has the right to use any legal remedies to ensure compliance and completion of construction. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The adoption of the amendment does not authorize new development or change the density or intensity of any potential future development. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2019-8 16-2 Attachment A Ordinance No. 2019-8, Setting Time Limits to Complete Construction 16-3 ORDINANCE NO. 2019- 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY NEWPORT BEACH, CALIFORNIA, ADDING SECTION 15.02.095 TO THE NEWPORT BEACH MUNICIPAL CODE, SETTING TIME LIMITS TO COMPLETE CONSTRUCTION WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures, granted or prescribed by any law of the State of California; WHEREAS, the number of construction projects on private properties in the City has increased substantially over the past five years, which has resulted in increased impacts to residents from construction related noise, loss of on -street parking, and traffic; and WHEREAS, it is in the interest of the residents in the City to place a reasonable time limit on the duration of construction projects, so as to balance the needs of the owner of the project with the health, safety and welfare of the neighbors. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 15.02.095 is hereby added to Chapter 15.02 of Title 15 of the Newport Beach Municipal Code to read as follows: 15.02.095 Added to Section 105.3. Section 105.3.3 is added to read as follows: Section 1053.3 Time Limit on permitted construction. The maximum allowable time to complete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification (s), improvement(s), or alteration(s), shall be limited to three (3) years. For building permits issued on or after the effective date of this ordinance, the time limit to complete construction shall begin on the date of issuance of the first or original building permit. For building permits issued prior to the effective date of this ordinance, the time limit for construction completion shall begin on the date this ordinance becomes effective. 16-4 Ordinance No. 2019 - Page 2 of 3 Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of this section only. Time limits set forth herein shall not be extended by issuance of subsequent building permits for the same project. Exception. The Chief Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and include evidence submitted by the property owner that special circumstances warrant an extension of time, or the failure to meet the time limit was caused by circumstances beyond the property owner's control. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds and determines that the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: Except as expressly modified in this ordinance, all other titles, chapters, sections, subsections, terms, sentences, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. 16-5 Ordinance No. 2019 - Page 3 of 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of March, 2019, and adopted on the 26th day of March, 2019, by the following vote, to -wit: AYES: NAYS: ABSENT: DIANE B. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 16-6