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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
March 8, 2022
Agenda Item No. 11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Tonee Thai, Acting Deputy Community Development Director/Chief
Building Official, tthai@newportbeachca.gov
PHONE: 949-718-1867
TITLE: Ordinance No. 2022-8: An Amendment Authorizing Staff to Extend
the Time to Complete Construction for One -Unit and Two -Unit Family
Dwellings
ABSTRACT:
On April 23, 2019, the City Council adopted Ordinance 2019-8, setting a three-year time
limit to complete construction of one -unit and two -unit family dwellings. Any extension of
time would have to be applied for and heard by a hearing officer through a public hearing.
Since the adoption of the ordinance, the COVID-19 pandemic has disrupted supply lines
for certain building materials and affected labor availability, causing delays in completing
construction within three years. For the City Council's consideration is an amendment to
the Newport Beach Municipal Code (NBMC) to grant the Building Official authority to
extend projects subject to the three-year time limit up to an additional 365 calendar days.
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. 2022-8, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Section 15.02.095 of the Newport Beach Municipal Code
Authorizing an Extension of the Time Limit to Complete Construction for an
Additional Year, and pass to second reading on March 22, 2022.
Ordinance No. 2022-8: An Amendment Authorizing Staff to Extend the Time to
Complete Construction for One -Unit and Two -Unit Family Dwellings
March 8, 2022
Page 2
DISCUSSION:
On April 23, 2019, the City Council adopted Ordinance No. 2019-8, establishing a
three-year time limit for completing construction projects of one -unit and two -unit
family dwellings. Commercial and multifamily residential projects are not subject to
the ordinance. The ordinance provides a process to extend the time of completion
by filing an application with the City Clerk, which would be heard by a hearing officer
at a noticed public hearing. The hearing officer may grant an extension of up to
180 calendar days, if they find 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. It should be noted that a property owner may request
additional extensions of time, but it would be the hearing officer's responsibility to
make the finding to grant the extension for each request.
After Ordinance No. 2019-8 took effect in June 2019, the COVID-19 pandemic caused
disruptions in the construction industry. Due to disruptions in the supply chain, some
construction material deliveries continue to be delayed. Impacts to labor have also
affected the timing of project completion. As a result, certain construction projects that
could have been completed before the three-year time limit have been unintentionally
delayed to a point an extension is now needed to complete them.
Approximately 165 one -unit and two -unit dwelling projects are expected to be subject
to the three-year time limit to complete construction (Attachment C) in June 2022. All
of the 165 projects will require an extension of time for completion. After June, it is
estimated that an average of 25 projects per month would be subject to the three-year
time limit for completion and will require further extensions of time.
Cost to Property Owner
Pursuant to Ordinance No. 2019-8, if the property owner would like to request an
extension of the time limit to complete their project beyond the three-year limit, they
would file an application, accompanied by the filing fee, with the City Clerk to have the
request heard by a hearing officer.
Draft Ordinance
Due to the high number of projects that are subject to the three-year time limit, and in
order to facilitate a more efficient process, staff proposes that an amendment be
considered. The proposed ordinance (Attachment A) gives the Building Official authority
to review the status of the project and only grant an extension of time if it is determined
the extension is necessary to complete the project. The Building Official has authority to
extend the time limit to complete the project by up to 365 calendar days. If the Building
Official determines that a 365 -day extension of time will not result in the completion of the
project, then the applicant would have to apply for an extension with a hearing officer.
11-2
Ordinance No. 2022-8: An Amendment Authorizing Staff to Extend the Time to
Complete Construction for One -Unit and Two -Unit Family Dwellings
March 8, 2022
Page 3
The hearing officer will hold a public hearing and may grant additional time not greater
than 180 calendar days. If the project is not completed in the time granted by the hearing
officer, then the applicant may reapply for another extension.
FISCAL IMPACT:
Subject to City Council approval, and in an effort to fully recover the City's costs related
to the review process of extension requests, the proposed ordinance includes a fee to be
accompanied with the application for the first, one-year extension to the Building Official,
as well as a fee to be accompanied with the application for subsequent extension requests
to the hearing officer. The cost to the applicant will be set on a per application basis
through the forthcoming user fee study update that will be before the City Council for
consideration in April 2022. The fee for the first one-year extension request to the Building
Official will include the estimated staff time associated with the review of that application.
The fee for the hearing will include the administrative staff time of scheduling a hearing
officer, the estimated time of the hearing officer, and the public notice that is required.
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 densityor 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).
ATTACHMENTS:
Attachment A —Ordinance No. 2022-8
Attachment B — Redlined Ordinance
Attachment C — Expiring Permits Chart
11-3
Attachment A
Ordinance No. 2022-8
11-4
ORDINANCE NO. 2022- 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
15.02.095 OF THE NEWPORT BEACH MUNICIPAL CODE
AUTHORIZING AN EXTENSION OF THE TIME LIMIT TO
COMPLETE CONSTRUCTION FOR AN ADDITIONAL
YEAR
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 property in the City has
increased substantially over the past eight years, which has resulted in increased impacts to
residents from construction related noise, loss of on -street parking, and traffic;
WHEREAS, on April 23, 2019, the City Council adopted Ordinance No. 2019-8 setting
a three-year time limit from the issuance of the first or original building permit for one -unit or
two -unit dwellings to complete construction;
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human
Services announced a nationwide public health emergency, in response to the COVID-19
outbreak;
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
broader spread of COVID-19;
WHEREAS, due to the impacts caused by COVID-19 disrupting the supply lines for
products and materials, and the health impacts to skilled workforce, some construction
projects may take longer than three years to complete; and
WHEREAS, it is in the interest of the residents of 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.
11-5
Ordinance No. 2022 -
Page 2 of 7
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Section 105.3.4 of Section 15.02.095 of the Newport Beach Municipal
Code is hereby amended to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section 105.3.3, may
be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension
by filing with the Building Official, in writing and on a form provided by the Building Official,
an application for extension which sets forth: (i) the address of the project site; (ii) the name
of the applicant and property owner; (iii) when the first or original building permit was issued;
(iv) the length of time extension requested, which shall not be greater than three hundred
and sixty-five (365) calendar days; (v) how many previous extensions have been granted;
(vi) the basis for the requested extension; (vii) the new end project date if the application is
approved; (viii) a brief description of the improvements that are the subject of the application;
and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be
submitted no later than forty-five (45) calendar days prior to the expiration of the building
permit. The application for extension to the Building Official shall be accompanied the fee
set forth in the City's master fee schedule.
c) Within forty-five (45) days of a request for extension, the Building Official may ministerially
grant, conditionally grant or deny a request for extension for a period not to exceed three
hundred sixty-five (365) calendar days. The Building Official shall only grant an extension if
he/she determines adequate progress has been made towards completion of construction
and the request for extension is necessary for its completion. The decision of the Building
Official shall be final and non -appealable.
11-6
Ordinance No. 2022 -
Page 3 of 7
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by
the Building Official, a property owner, or authorized agent of the property owner, may
request an additional extension by filing with the City Clerk, in writing and on a form provided
by the City Clerk, an application for extension which sets forth: (i) the address of the project
site; (ii) the name of the applicant and property owner; (iii) when the first or original building
permit was issued; (iv) the length of time extension requested, which shall not be greater
than one hundred and eighty (180) calendar days, (v) how many previous extensions have
been granted; (vi) the basis for the requested extension; (vii) the new end project date if the
application is approved; (viii) a brief description of the improvements that are the subject of
the application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be
submitted no later than forty-five (45) calendar days prior to the expiration of the building
permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing
and noticing fee identified in the City's master fee schedule.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection 2), a Hearing Officer,
designated by the City Manager, shall hear and decide whether a second application for
extension, or third application for extension, shall be granted, conditionally granted, or
denied. The City Council shall hear and decide whether any additional application for
extension shall be granted, conditionally granted or denied. The applicable hearing body
shall be referred to herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City Manager shall
appoint a Hearing Officer with the requisite qualifications and experience to consider the
application for extension. The Hearing Officer shall not be a City employee and the
employment, performance evaluation, compensation and benefits of the Hearing Officer, if
any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision
by the Hearing Officer.
11-7
Ordinance No. 2022 -
Page 4 of 7
Within seven (7) calendar days of the City Clerk's receipt of an application for extension, the
City Manager or his/her designee shall notify the applicant of the name of the Hearing Officer
in accordance with Section 1.08.080. If the applicant wishes to challenge the designated
Hearing Officer, the applicant shall have seven (7) calendar days from the date of service of
the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer,
which sets forth the basis for disqualification. A Hearing Officer may only be disqualified for:
(i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be
disqualified after a showing of good cause under the laws of the State of California.
The City Manager will review any request for disqualification and make a decision as to
whether a Hearing Officer shall be disqualified. The City Manager's decision shall be final. If
the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new
Hearing Officer in accordance with the procedures in this subsection.
c) The applicant shall be notified of the time and place set for the hearing of the application,
in accordance with Section 1.08.080, at least ten (10) calendar days prior to the date of the
hearing. All hearings on an application to be heard by the review authority shall be noticed
in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the
subject of the application, at least ten (10) calendar days in advance of the hearing. The
notice shall contain: the address of the project site; the length of time extension requested;
the new end project date if the application is approved; the name of the applicant and
property owner; a brief description of the improvements; the date, time, and place of the
hearing; and a statement informing the person they have the ability to attend the hearing and
provide comments, and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least
ten (10) calendar days before the scheduled hearing. The size, location and number of
sign(s) shall be posted as determined by the City Manager or his/her designee. The applicant
shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove
all sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this
subsection shall not invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given.
11-8
Ordinance No. 2022 -
Page 5 of 7
b) The review authority shall only consider evidence and testimony, presented by the
applicant or any other interested person, relevant to whether: (i) special circumstances
warrant an extension of time; (ii) the failure to meet the time limit was caused by
circumstances beyond the property owner's, applicant's or their contractor's control; and (iii)
any approval should contain conditions to ensure timely completion of the project in a manner
that limits impacts on surrounding property owners. Any documents submitted by City staff
shall constitute prima facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and eighty
(180) calendar day extension, per application for extension, if it finds special circumstances
warrant an extension of time or the failure to meet the time limit was caused by circumstances
beyond the property owner's, applicant's or their contractor's control. If the review authority
makes the findings to grant an extension, the review authority shall consider whether
conditions are necessary to ensure timely completion of the project in a manner that limits
impacts on surrounding property owners. The review authority shall deny the application if it
cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer or chair
of the review authority announces the date, time, and place to which the hearing will be
continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on a final
decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the
decision shall be final and effective on the date the decision is made, unless otherwise
specified by the review authority. The review authority shall provide the City Clerk with its
final decision within three (3) calendar days of the date of decision and the City Clerk shall
mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of
the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or extending
a building permit if the extension is a term of an enforceable settlement agreement between
the City and the property owner or a term of a court order/judgment.
11-9
Ordinance No. 2022 -
Page 6 of 7
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall
not seek judicial review related to any application for extension until the person has first
exhausted all administrative procedures set forth in Section 15.02.095.
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 notaffect 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,
Division 6, 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.
11-10
Ordinance No. 2022 -
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 8th day of March, 2022, and adopted on the 22nd day of March,
2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AAJ C. HARP, CITY ATTORNEY
ATTACHMENT B
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 property 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 of 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.
WHEREAS, on April 23, 2019 the City Council adopted Ordinance No. 2019-8
settina a three vear time limit from the issuance of the first or oriainal buildina permit for
one -unit or two -unit dwelling to complete construction;
WHEREAS, on January 31, 2020, the Untied States Secretary of Health and Human
Services announced a nationwide public health emergency, in response to the COVID-19
outbreak;
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
broader spread of COVID-19;
WHEREAS, due to the impacts caused by COVID-19 disrupting the supply lines for
products and materials, and the health impacts to skilled workforce, some construction
projects may take longer than three years to complete; and,
WHEREAS, it is in the interest of the residents of 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:
11-12
Section 1: The Ghapter titled and hoarding ferfollowing Section of Newport Beach
Municipal Code Chapter 15.02 are is hereby amended +^ ro-a,- ass fellows:
Chapter 15.02 --ADMINISTRATIVE CODE* ^nnnIN' ISTR TIVE CODE*
15.02.0 10 AdeptieR AdmiRistpative
. . AmeRdMeRt to SeGtieR 101.1.
. . AFneRdFneRt to SeGtiGR 101.4.3.
■ ■. ■ AFneRdFneRt to SeGtuE)R 101.4.4.
15.02.0 50 AmeRdrneRt to SeGtiGR 102.6.
■_. Added ■
■ ■ . ArneRdrneRt to SeGtiOR■
■ ■•■ ArneRdrneRt to SeGtien 105.2.
■ ■.■ ArneRdrneRt to SeGtien 105.3.2.
15.0 2.095 Addition■105.3.4
11-13
Ordinance No. 2019-8
Page 2 of 7
* Prior ordinance history: Ords. 90-8, 92-15, 93-19, 95-38, 97-7, 97-31, 99-14, 2001-22, 2004-2, 2005-
5, 2006-11, 2007-19, 2010-23, 2011-5, 2013-24 and 2016-17.
Section 2: Section 105.3.4 of Section 15.02.095 is hereby amended in
1 02nay is hereby added to Chapter 15.02 of Title 15 ofthe Newport Beach
Municipal Code to read as follows:
15.02.095 Addition of Section 105.3.3, 105.3.4 and 105.3.5.
Section 105.3.4 is added amended to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section
105.3.3, may be extended as follows:
11-14
U.—F--
extension
FeF building permits issued
OR or after june
1, 2019, the
7.
. .
■ .
time limit to Gemplete
Section 105.3.4 is added amended to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section
105.3.3, may be extended as follows:
11-14
Ordinance No. 2019-8
Page 3 of 7
1. Application for Extension.
a) A property owner, or authorized agent of the property owner, may request a
onetime extension by filina with the Buildina Official. in writina and on a form
provided by the Building Official, an application for extension which sets forth: (i)
the address of the project site; (ii) the name of the applicant and property owner;
(iii) when the first or original building permit was issued; (iv the length of time
extension requested, which shall not be greater than three hundred and sixty-five
(365) calendar days; U how many previous extensions have been granted, if
any; the basis for the requested extension; (vii) the new end project date if
the application is approved; (viii) a briefdescription of the improvements that are the
subject of the application; and (ix) any other information requested by the City.
a -)b) If after item a) has been exhausted and the construction is not completed,
then a A -property owner, or authorized agent of the property owner, may request
an extension by filing with the City Clerk, in writing and on a form provided by the
City Clerk, an application for extension which sets forth: (i) the address of the
project site; (ii) the name of the applicant and property owner; (iii) when the first or
original building permit was issued; (iv) the length of time extension requested,
which shall not be greater than one hundred and eighty (180) calendar days; (v)
how many previous extensions have been granted, if any; (vi) the basis for the
requested extension; (vii) the new end project date if the application is approved;
(viii) a brief description of the improvements that are the subject of the application;
and (ix) any other information requested by the City.
b3c)_Unless authorized by the Building Official in writing, an application for
extension shall be submitted no later than forty-five (45) calendar days prior to the
expiration of the building permit.
E) An application for extension filed with the City Clerk shall be accompanied
by the fill a hearing and noticing fee identified inthe City's master fee schedule.
2. Scheduling and Noticing
a) A Hearing Officer, designated by the City Manager, shall hear and decide
whetheraR iRitiala second application for extension, or cid -third application
for extension, shall be granted, conditionally granted, or denied. The City Council
shall hear and decide whether any additional application for extension shall be
granted, conditionally granted, or denied. The applicable hearing body shall be
referred toherein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City
Manager shall appoint a Hearing Officer with the requisite qualifications and
experience to consider the application for extension. The Hearing Officer shall not 11-15
Ordinance No. 2019-8
Page 4 of 7
be a City employee and the employment, performance evaluation, compensation
and benefits of the Hearing Officer, if any, shall not be conditioned, either directly
or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk's receipt of an application for
extension, the City Manager or his/her designee shall notify the applicant of the
name of the Hearing Officer in accordance with Section 1.08.080.
11-16
Ordinance No. 2019-8
Page 5 of 7
If the applicant wishes to challenge the designated Hearing Officer, the applicant
shall have seven (7) calendar days from the date of service of the notice to submit
to the City Manager a request, in writing, to disqualify the Hearing Officer, which
sets forth the basis for disqualification. A Hearing Officer may only be disqualified
for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge
may be disqualified after a showing of good cause under the laws of the State of
California.
The City Manager will review any request for disqualification and make a decision
as to whether a Hearing Officer shall be disqualified. The City Manager's decision
shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager
shall designate a new Hearing Officer in accordance with the procedures in this
subsection.
c) The applicant shall be notified of the time and place set for the hearing of the
application, in accordance with Section 1.08.080, at least ten (10) calendar days
prior to the date of the hearing. All hearings on an application to be heard by the
review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project
site that is the subject of the application, at least ten (10) calendar days in
advance of the hearing. The notice shall contain: the address of the project
site; the length of time extension requested; the new end project date if the
application is approved; the name of the applicant and property owner; a
brief description of the improvements; the date, time, and place of the
hearing; and a statement informing the person they have the ability to attend
the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the
application, at least ten (10) calendar days before the scheduled hearing.
The size, location and number of sign(s) shall be posted as determined by
the City Manager or his/her designee. The applicant shall be responsible
for maintaining the sign(s) in a satisfactory condition and shall remove all
sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this
subsection shall not invalidate the actions of the applicable review authority.
3. Conduct of Hearing
a) A hearing shall be held at the date, time, and place for which notice was given.
11-17
Ordinance No. 2019-8
Page 6 of 7
b) The review authority shall only consider evidence and testimony, presented by
the applicant or any other interested person, relevant to whether: (i) special
circumstances warrant an extension of time; (ii) the failure to meet the time limit
was caused by circumstances beyond the property owner's, applicant's or their
contractor's control; and (iii) any approval should contain conditions to ensure
timely completion of the project in a manner that limits impacts on surrounding
property owners. Any documents submitted by City staff shall constitute prima
facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and
eighty (180) calendar day extension, per application for extension, if it finds special
circumstances warrant an extension of time or the failure to meet the time limit was
caused by circumstances beyond the property owner's, applicant's or their
contractor's control. If the review authority makes the findings to grant an
extension, the review authority shall consider whether conditions are necessary to
ensure timely completion of the project in a manner that limits impacts on
surrounding property owners. The review authority shall deny the application if it
cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer
or chair of the review authority announces the date, time, and place to which the
hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on
a final decision until appropriate findings and/or conditions of approval have been
prepared.
f) The review authority shall issue a written decision, setting forth its findings, and
the decision shall be final and effective on the date the decision is made, unless
otherwise specified by the review authority. The review authority shall provide the
City Clerk with its final decision within three (3) calendar days of the date of
decision and the City Clerk shall mail a copy of the final decision to the applicant
within ten (10) calendar days of receipt of the final decision.
4. Judicial Proceeding
Nothing herein shall prohibit the Building Official from issuing a building permit or
extending a building permit if the extension is a term of an enforceable settlement
agreement between the City and the property owner or a term of a court
order/judgment.
11-18
Ordinance No. 2019-8
Page 7 of 7
5. Judicial Review
The decision of the review authority shall not be appealable to any City body. A
person shall not seek judicial review related to any application for extension until
the person has first exhausted all administrative procedures set forth in Section
15.02.095.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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 5: 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, Division 6, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Section 6: 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.
11-19
Ordinance No. 2019-8
Page 8 of 7
Section 7: 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.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 91 day of Apf4 , 2019 , and adopted on the 2-3`�
day of Apf4 , 2-019 , by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Kevin Muldoon, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
11-20
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11-22
Attachment C
Expiring Permits Chart
11-23
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70
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20
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Permit Age
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Age of Permits in Years
11-24