HomeMy WebLinkAbout12-14-2023_Order After Hearing_6 InvernessFinance Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3141 PH | 949 644-3073 FAX newportbeachca.gov
December 21, 2023 Uprite Construction
2211 Michelson Dr., Suite 500
Irvine CA, 92612
Re: 6 Inverness Ln., Uprite Construction
Dear Appellant:
Attached please find the Hearing Officer’s findings regarding your appeal of administrative
citation.
If you would like to appeal the decision made by the Hearing Officer, you may contact the
Orange County Superior Court to obtain a review by filing a petition in accordance with the
timelines and provisions set forth in California Government Code Section 53069.4. To
contact, please call (657) 622-5800 or visit their offices at 700 W Civic Center Dr, Santa
Ana, CA 92701.
If you need additional information from the City, please call 949-644-3141.
Sincerely,
Michael Gomez Deputy Finance Director
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00074948.1
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
BEFORE THE
ADMINISTRATIVE HEARING OFFICER
FOR THE
CITY OF NEWPORT BEACH, CALIFORNIA
IN RE Three-Year Construction Time Limit Extension (NBMC 15.02.095) PROPERTY ADDRESS: 6 Inverness Lane
FINDINGS OF FACT AND STATEMENT OF DECISION OF THE ADMINISTRATIVE HEARING OFFICER Hearing Officer: Steven P. Graham Date: December 14, 2023 Time: 1:30 p.m.
INTRODUCTION
1. This matter involves the request for an application for extension of building permits under
Newport Beach Municipal Code (“NBMC”) Section 15.02.095 which added Sections 105.3.3,
105.3.4, and 105.3.5 to the Newport Beach Administrative Code. Administrative Hearing
Officer Steven P. Graham (“Hearing Officer”), sitting as the Hearing Officer under NBAC
Section 105.3.4(3)(b) heard this matter on the date and time noted above (the “Hearing”). The
Hearing Officer is a licensed attorney in the State of California and serves as Hearing Officer
under contract with the City of Newport Beach (“City”). Pursuant to NBAC Section 105.3.4 the
Hearing Officer is required to provide an impartial and independently reasoned decision to either
grant, conditionally grant, or deny the application for extension.
2. City is a charter city and municipal corporation existing under the laws of the State of California.
The City was represented at the Hearing by Principal Building Inspector Chris Sanchez (“City
Representative”).
3. The Applicant was represented by Wilbur Smith, Property Owner, and Matt Gillett, General
Contractor Representative (collectively the “Applicant Representatives”).
4. There were no members of the public present at the hearing and no written public comments
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00074948.1 2
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
were received.
5. The following Findings of Fact, Conclusions of Law, and Decision and Order are based on the
evidence presented during the Hearing.
6. The Hearing Officer considered the testimony of all witnesses at the Hearing and all documents
made part of the administrative record. The mere fact that a witness’s testimony or document
may not be specifically referred to below does not and shall not be construed to mean that said
testimony or document was not considered.
7. Pursuant to the Administrative Hearing Rules and Procedures of the City of Newport Beach, the
Hearing was digitally recorded.
8. The documents presented to the Hearing Officer during the hearing form the administrative
record of the hearing including the staff report and any written documents submitted by the
public and the Applicant.
ISSUES
9. Pursuant to Section 105.3.4 of the NBAC, the issue to be determined by the Hearing Officer is
whether to grant, or conditionally grant, up to a one hundred and eighty (180) calendar day
extension, based on a finding that either (i) special circumstances warrant an extension of time
or (ii) the failure to meet the time limit was caused by circumstances beyond the property
owner’s, applicant’s or their contractor’s control.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
10. This matter is before the Hearing Officer consistent with Section 105.3.4 of the NBAC.
11. The permits subject to this Hearing for the Subject Property are stated in the hearing of the staff
report as X2019-1953, X2019-1954, XR2023-1013 (collectively, the “Permit”). The Permit was
previously extended by the Hearing Officer and was set to expire December 18, 2023.
12. The Applicant Representatives provided uncontroverted testimony and photographic evidence
of significant water damage to the almost completed project as a result of a water pipe break.
13. The Applicant Representatives, through uncontroverted testimony and evidence, showed that
the project was nearing completion and that the delays in the project were due to special
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00074948.1 3
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
circumstances and circumstances beyond the Applicant’s control resulting from the water pipe
break.
DECISION AND ORDER
14. The Applicant has presented sufficient evidence to establish a basis for extension under either
special circumstances and circumstances beyond the Applicant’s control.
15. There was no evidence presented that warrants the imposition of any conditions.
16. The Permits are hereby extended for 180 days from December 18, 2023.
17. Under NBAC 105.3.4, this decision is final.
18. Any person aggrieved by an administrative decision of a Hearing Officer on an administrative
citation may obtain review of the administrative decision by filing a petition for review with the
Orange County Superior Court in accordance with the timelines and provisions as set forth in
California Government Code Section 53069.4. There may be other time limits which also affect
your ability to seek judicial review.
Dated: December 14, 2023
Administrative Hearing Officer