HomeMy WebLinkAbout1.0_101 Bayside PlCITY OF NEWPORT BEACH
ADMINISTRATIVE HEARING
STAFF REPORT
December 19, 2024
Agenda Item No. 2
SUBJECT:
Three-Year Construction Time Limit Extension in Accordance with
Newport Beach Municipal Code (NBMC) 15.02.095 (Addition of
Sections 105.3.3, 105.3.4 and 105.3.5), Section 105.3.4, Item 2
PERMITS: X2019-1744 and U2024-5008
SITE LOCATION: 101 Bayside Place
APPLICANT: Dayne Mossel
PROPERTY
OWNER: CA CDM LLC
BUILDING
INSPECTOR: Jason Rudenick, Sr. Building Inspector
PREPARED BY: Tonee Thai, Chief Building Official - 949-718-1867,
tthai@newportbeachca.gov
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.
BUILDING PERMIT HISTORY
This project first started with Permit X2019-1744 issued on June 19, 2020. The permits
above are subject to Newport Beach Municipal Code 15.02.095 with initial three-year
construction limit expiration date of June 19, 2023.
The first inspection was for a pre-grade meeting on June 25, 2020.
The last inspection was for Final Electrical on October 25, 2024.
Please refer to Attachment 1 for detailed permit history.
Notice of pending Three-Year Construction Limit expiration were sent on October 15,
2024.
Please refer to Attachment 2 for detailed notice activities.
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101 Bayside Place - X2019-1744
Administrative Hearing, December 19, 2024
Page 2
PREVIOUS EXTENSIONS
The chief building official granted an extension for a three-year construction time limit on
June 04, 2023, with expiration date of June 19, 2024. (Attachment 3)
The hearing officer granted a 180 days extension to the three-year construction time limit
after conducting a public hearing on June 27, 2024, with expiration date of December 16,
2024. (Attachment 3)
RECOMMENDATION
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).
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
ATTACHMENTS
Attachment No. 1 – Building Permit Inspection History
Attachment No. 2 – Three-Year Construction Limit Activities
Attachment No. 3 – 1st Public Hearing and Building Official Extensions
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Attachment No. 1
Building Permit Inspection History
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LINKED PERMIT INSPECTION HISTORY REPORT (X2019-1744)
FOR CITY OF NEWPORT BEACH
Combo Residential 06/03/2019Application Date:Permit Type:Owner:CA CDM LLC
ParcelNew06/19/2020Work Class:Issue Date:052 013 21
Issued 04/23/2025Expiration Date:Status:Address:101 BAYSIDE PL
NEWPORT BEACH, CA 92625IVR Number: 233779
Scheduled
Date Inspection Type Inspection No. Inspection Status Primary Inspector Reinspection
Required?CompleteActual
Start Date
Inspection Location: 101 BAYSIDE PL
Permit: X2019-1744
06/25/2020 06/25/2020 Call Inspector for
Pre-Grade Meeting
X2019-1744-A0027
07838
Approved No Complete
07/30/2020 07/30/2020 Erection Pads X2019-1744-A0027
20024
Partial Pass No Incomplete
08/27/2020 08/27/2020 Footings and
Foundation
X2019-1744-A0027
30740
Partial Pass No Incomplete
01/11/2021 01/11/2021 Erection Pads X2019-1744-A0027
80706
Partial Pass No Incomplete
01/20/2021 01/20/2021 Erection Pads X2019-1744-A0027
84416
Partial Pass No Incomplete
01/28/2021 01/28/2021 Erection Pads X2019-1744-A0027
87618
Partial Pass No Complete
01/28/2021 Masonry
Pre-Grout/Wall Steel
X2019-1744-A0027
87617
Partial Pass No Incomplete
06/30/2021 06/30/2021 Other - MISC X2019-1744-A0028
51265
Approved No Complete
08/02/2021 08/02/2021 Slab On Grade X2019-1744-A0028
65548
Correction No Complete
08/12/2021 08/12/2021 Footings and
Foundation
X2019-1744-A0028
70501
Approved No Complete
09/01/2021 09/01/2021 Footings and
Foundation
X2019-1744-A0028
78761
Partial Pass No Incomplete
09/01/2021 Footings and
Foundation
X2019-1744-A0028
78768
Partial Pass No Complete
09/01/2021 Soil Pipe X2019-1744-A0028
78770
Correction No Complete
09/16/2021 09/16/2021 Slab On Grade X2019-1744-A0028
83591
Partial Pass No Incomplete
10/18/2021 10/18/2021 Masonry
Pre-Grout/Wall Steel
X2019-1744-A0028
97174
Correction No Complete
10/18/2021 Soil Pipe X2019-1744-A0028
97173
Partial Pass No Complete
11/03/2021 11/03/2021 Masonry
Pre-Grout/Wall Steel
X2019-1744-A0029
04247
Approved No Complete
11/03/2021 Slab On Grade X2019-1744-A0029
04249
Partial Pass No Incomplete
02/23/2022 02/23/2022 Slab on Deck X2019-1744-A0029
48643
Approved No Complete
03/14/2022 03/14/2022 Masonry
Pre-Grout/Wall Steel
X2019-1744-A0029
56881
Approved No Complete
Page 1 of 4100 Civic Center Dr, Newport Beach, CA 92660November 27, 2024 4
LINKED PERMIT INSPECTION HISTORY REPORT (X2019-1744)
Combo Residential 06/03/2019Application Date:Permit Type:Owner:CA CDM LLC
ParcelNew06/19/2020Work Class:Issue Date:052 013 21
Issued 04/23/2025Expiration Date:Status:Address:101 BAYSIDE PL
NEWPORT BEACH, CA 92625IVR Number: 233779
Scheduled
Date Inspection Type Inspection No. Inspection Status Primary Inspector Reinspection
Required?CompleteActual
Start Date
03/14/2022 Slab On Grade X2019-1744-A0029
56879
Partial Pass No Incomplete
04/07/2022 04/07/2022 Area Drains X2019-1744-A0029
68807
Partial Pass No Complete
04/12/2022 04/12/2022 Slab On Grade X2019-1744-A0029
70900
Correction No Complete
04/14/2022 04/14/2022 Slab On Grade X2019-1744-A0029
72244
Partial Pass No Complete
05/23/2022 05/23/2022 Sewer X2019-1744-A0029
88041
Partial Pass No Complete
05/23/2022 Soil Pipe X2019-1744-A0029
88038
Approved No Complete
06/14/2022 06/14/2022 Fireplace Throat X2019-1744-A0029
97757
Partial Pass No Complete
06/27/2022 06/27/2022 Other - Building X2019-1744-A0030
02933
Partial Pass No Incomplete
08/17/2022 08/17/2022 Floor Framing &
Sheathing
iBLD-004643-2022 Correction Danny Rodriguez Yes Complete
08/18/2022 08/18/2022 Other - Building iBLD-005067-2022 Not Ready for
Inspection
Danny Rodriguez Yes Complete
08/19/2022 08/19/2022 Floor Framing &
Sheathing
iBLD-005250-2022 Correction Chris Sanchez Yes Complete
Reinspection of iBLD-004643-2022
09/15/2022 09/15/2022 Floor Framing &
Sheathing
iBLD-008779-2022 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-005250-2022
10/25/2022 10/25/2022 Roof Framing,
Sheathing & Bldg
Height
iBLD-013746-2022 Partial Pass Rick La Bare Yes Incomplete
11/01/2022 11/01/2022 Roof Framing,
Sheathing & Bldg
Height
iBLD-014632-2022 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-013746-2022
11/07/2022 11/07/2022 Roof Framing,
Sheathing & Bldg
Height
iBLD-015633-2022 Cancelled Rick La Bare Yes Complete
Reinspection of iBLD-014632-2022
11/10/2022 11/10/2022 Floor Framing &
Sheathing
iBLD-016087-2022 Approved Rick La Bare No Complete
Reinspection of iBLD-008779-2022
11/10/2022 Rough
HVAC/Mech/Fireplace
iBLD-016086-2022 Partial Pass Rick La Bare Yes Incomplete
04/17/2023 04/17/2023 Shear and Hold
Downs
iBLD-013429-2023 Correction Rick La Bare Yes Complete
04/18/2023 04/18/2023 Shear and Hold
Downs
iBLD-013793-2023 Not Ready for
Inspection
Rick La Bare Yes Complete
Reinspection of iBLD-013429-2023
Page 2 of 4100 Civic Center Dr, Newport Beach, CA 92660November 27, 2024 5
LINKED PERMIT INSPECTION HISTORY REPORT (X2019-1744)
Combo Residential 06/03/2019Application Date:Permit Type:Owner:CA CDM LLC
ParcelNew06/19/2020Work Class:Issue Date:052 013 21
Issued 04/23/2025Expiration Date:Status:Address:101 BAYSIDE PL
NEWPORT BEACH, CA 92625IVR Number: 233779
Scheduled
Date Inspection Type Inspection No. Inspection Status Primary Inspector Reinspection
Required?CompleteActual
Start Date
04/26/2023 04/26/2023 Insulation/Densglass iBLD-014921-2023 Partial Pass Mehrdad Maghsoodloo Yes Incomplete
05/05/2023 05/05/2023 WQ-Best
Management
Practices
iBLD-016361-2023 Partial Pass Rick La Bare Yes Incomplete
05/24/2023 05/24/2023 Area Drains iBLD-019084-2023 Partial Pass Mehrdad Maghsoodloo Yes Incomplete
06/28/2023 06/28/2023 Shear and Hold
Downs
iBLD-023903-2023 Correction Rick La Bare Yes Complete
Reinspection of iBLD-013793-2023
06/29/2023 06/29/2023 Other - Building iBLD-024422-2023 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-005067-2022
08/30/2023 Rough
HVAC/Mech/Fireplace
iBLD-032920-2023 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-016086-2022
08/30/2023 Shear and Hold
Downs
iBLD-033377-2023 Partial Pass Rick La Bare Yes Complete
Reinspection of iBLD-023903-2023
09/05/2023 09/05/2023 Rough Electric
Residential
iBLD-033549-2023 Cancelled Chad Shelton Yes Complete
09/05/2023 Rough Plumbing &
Pan Test
iBLD-033403-2023 Cancelled Chad Shelton Yes Complete
09/14/2023 09/14/2023 Insulation/Densglass iBLD-035526-2023 Partial Pass Jason Rudenick Yes Incomplete
Reinspection of iBLD-014921-2023
09/14/2023 Rough Electric
Residential
iBLD-035074-2023 Cancelled Jason Rudenick Yes Complete
Reinspection of iBLD-033549-2023
09/15/2023 09/15/2023 Complete Framing iBLD-035076-2023 Cancelled Rick La Bare Yes Complete
10/10/2023 10/10/2023 Rough Electric
Residential
iBLD-038842-2023 Correction Rick La Bare Yes Complete
Reinspection of iBLD-035074-2023
10/10/2023 Rough Plumbing &
Pan Test
iBLD-038841-2023 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-033403-2023
10/11/2023 10/11/2023 Complete Framing iBLD-039131-2023 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-035076-2023
10/11/2023 Gas Pipe Rough iBLD-039368-2023 Approved Rick La Bare No Complete
10/11/2023 Rough Electric
Residential
iBLD-039367-2023 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-038842-2023
10/11/2023 Rough
HVAC/Mech/Fireplace
iBLD-039132-2023 Partial Pass Rick La Bare Yes Complete
Reinspection of iBLD-032920-2023
10/11/2023 Rough Plumbing &
Pan Test
iBLD-039369-2023 Approved Rick La Bare No Complete
Reinspection of iBLD-038841-2023
Page 3 of 4100 Civic Center Dr, Newport Beach, CA 92660November 27, 2024 6
LINKED PERMIT INSPECTION HISTORY REPORT (X2019-1744)
Combo Residential 06/03/2019Application Date:Permit Type:Owner:CA CDM LLC
ParcelNew06/19/2020Work Class:Issue Date:052 013 21
Issued 04/23/2025Expiration Date:Status:Address:101 BAYSIDE PL
NEWPORT BEACH, CA 92625IVR Number: 233779
Scheduled
Date Inspection Type Inspection No. Inspection Status Primary Inspector Reinspection
Required?CompleteActual
Start Date
10/17/2023 10/17/2023 Insulation/Densglass iBLD-039856-2023 Partial Pass Rick La Bare Yes Incomplete
Reinspection of iBLD-035526-2023
10/27/2023 10/27/2023 Vapor Barrier/Exterior
Lath/Veneer Lath
iBLD-041462-2023 Approved Jaime Molina No Complete
12/13/2023 12/13/2023 Complete Framing iBLD-048676-2023 Approved Jason Rudenick No Complete
Reinspection of iBLD-039131-2023
12/13/2023 Fireplace Throat iBLD-048677-2023 Approved Jason Rudenick No Complete
12/13/2023 Insulation/Densglass iBLD-048679-2023 Approved Jason Rudenick No Complete
Reinspection of iBLD-039856-2023
12/13/2023 Rough Electric
Residential
iBLD-048680-2023 Approved Jason Rudenick No Complete
Reinspection of iBLD-039367-2023
12/13/2023 Sewer iBLD-048238-2023 Approved Jason Rudenick No Complete
01/09/2024 01/09/2024 Drywall Fire Caulk iBLD-000876-2024 Approved Jason Rudenick No Complete
02/27/2024 02/27/2024 Other - Plumbing iBLD-007218-2024 Approved Jason Rudenick No Complete
02/27/2024 Shower Lath iBLD-007217-2024 Approved Jason Rudenick No Complete
04/24/2024 04/24/2024 Final Plumbing iBLD-015615-2024 Partial Pass Jason Rudenick Yes Incomplete
10/17/2024 10/17/2024 Other - Building iBLD-040537-2024 Approved Jason Rudenick No Complete
Reinspection of iBLD-024422-2023
10/25/2024 10/25/2024 Final Electrical iBLD-041655-2024 Partial Pass Jason Rudenick Yes Incomplete
Page 4 of 4100 Civic Center Dr, Newport Beach, CA 92660November 27, 2024 7
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Attachment No. 2
Three-Year Construction Limit Activities
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PERMIT ACTIVITY REPORT (X2019-1744)
FOR CITY OF NEWPORT BEACH
Activity CommentsActivity NumberActivity NameActivity TypeCreated Date Created By
10/15/2024
Generic Activity 3yr Hearing ACT-004043-2024 Talked with Dayne GC,
dropped of Expiration letter
and Hearing App.
Jason Rudenick
Generic Activity ACT-004042-2024 Talked with Dayne GC,
dropped of Expiration letter
and Hearing App.
Jason Rudenick
10/23/2024
Generic Activity Hearing Application
delivered
ACT-004142-2024 Jason hand delivered 2nd
Hearing application, request
for additional 6 months.
Jason Rudenick
11/05/2024
Generic Activity Hearing App ACT-004312-2024 Hearing app received and pd.
On SL's desk 11/4/24.
Jason Rudenick
Generic Activity APPLICATION SUBMITTED ACT-004315-2024 2ND HEARING APPLICATION
ROUTED TO CITY CLERK
AND FINANCE ON
11/05/2024.
Tonee Thai
04/24/2024
Generic Activity Hearing Officer App ACT-001726-2024 Jason dropped of Hearing
Officer App to GC, he
understands the Hearing
process and deadlines. He is
to complete the application
with supporting docs, drop
off and pay fee.
Jason Rudenick
Generic Activity Hearing Officer App ACT-001727-2024 Dropped of Hearing Officer
Application to GC onsite.
Jason Rudenick
05/17/2024
Generic Activity HEARING SCHEDULED ACT-002071-2024 HEARING SCHEDULED FOR
06/27/2024 AT 8 A.M.
Tonee Thai
05/23/2023
Generic Activity PHONE CALL ACT-001011-2023 S LANE. I spoke to Dayne
explaining that they need to
provide documentation
regarding the cause of their
delays. He sated that he
should have them in our
office by end of day 5/24/23
Steven Lane
05/08/2024
Generic Activity HEARING APPLCATION
SUBMITTAL
ACT-001960-2024 APPLICATION SUBMITTED
ON 05/06/2024.
Tonee Thai
05/09/2024
Generic Activity Application ACT-001962-2024 App fee pd, Packet with TT.
4/10/24 GC was made
aware of missing docs for
file, he is working on list.
Jason Rudenick
100 Civic Center Dr, Newport Beach, CA 92660 Page 1 of 2November 27, 2024 36
PERMIT ACTIVITY REPORT (X2019-1744)
Activity CommentsActivity NumberActivity NameActivity TypeCreated Date Created By
Generic Activity Application Routed ACT-001966-2024 Hearing application routed to
City Clerk and Finance for
processing
Tonee Thai
06/19/2024
Generic Activity Stop work ACT-002419-2024 Posted 6/19/24 Permit
expiration date. Hearing appt
6/27/24 8am. Met with GC
Dayne 714-397-6740 onsite.
Jason Rudenick
06/27/2024
Generic Activity HEARING: 06/27/2024 ACT-002513-2024 07/15/2024: RECEIVED
ORDER - HEARING OFFICER
GRANTED EXTENSION TO
12/016/2024.
Tonee Thai
06/04/2023
Generic Activity Extension Request
Submitted
ACT-001136-2023 3-YEAR DEADLINE
EXTENSION REQUEST
SUBMITTED ON 05/17/2023.
Tonee Thai
Generic Activity Building Official Extension
Approved
ACT-001139-2023 3-YEAR CONSTRUCTION
TIME LIMIT 365 DAYS TOTAL
EXTENSION GRANTED.
PERMIT SHALL EXPIRE ON
06/19/2024 UNLESS AN
ADDITIONAL EXTENSION IS
GRANTED BY HEARING
OFFICER.
Tonee Thai
06/07/2023
Generic Activity 3-YEAR DEADLINE
EXTENSION
ACT-001190-2023 MAILED & EMAILED
APPROVED 3-YEAR
CONSTRUCTION LIMIT
EXTENSION TO PROPERTY
OWNER
Debi Schank
100 Civic Center Dr, Newport Beach, CA 92660 Page 2 of 2November 27, 2024 37
Attachment No. 3
1st Public Hearing and Building Official Extensions
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-1-
FINDINGS OF FACT AND STATEMENT OF DECISION
BEFORE THE ADMINISTRATIVE HEARING OFFICER
FOR THE
CITY OF NEWPORT BEACH, CALIFORNIA
IN RE:
101 BAYSIDE PLACE,
SUBJECT PROPERTY,
APPLICATION FOR PERMIT
EXTENSION UNDER NEWPORT
BEACH MUNICIPAL CODE SECTION
15.02.095.
FINDINGS OF FACT AND STATEMENT OF
DECISION OF THE ADMINISTRATIVE
HEARING OFFICER
Hearing Officer: Jamaar M. Boyd-Weatherby
Date: June 27, 2024
Time: 8:00 a.m.
INTRODUCTION
1. This matter involves an extension of time to complete construction for work under a
building permit issued for 101 Bayside Place (“Subject Property”) in the City of Newport Beach
under Section 105.3.4 of the Newport Beach Administrative Code (a locally amended version of
the California Building Code) as codified at Newport Beach Municipal Code (“NBMC”) Section
15.02.095. Jamaar M. Boyd-Weatherby (“Hearing Officer”), sitting as the Hearing Officer under
NBAC Section 105.3.4 heard this matter on June 27, 2024 at 8:00 a.m. (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 shall hear and decide whether this application for extension should be granted,
conditionally granted, or denied.
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 Tonee Thai, Chief Building Official
(“City Representative”). Also in attendance from the City was Building Inspector Chris Sanchez.
///
///
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-2-
FINDINGS OF FACT AND STATEMENT OF DECISION
3. Dayne Mossel, the contractor for the Property (“Owner’s Representative”), appeared in
support of the application for an extension of time. Collectively, the Owner’s Representative and
Owner, CA CDM LLC, are referred to as the “Applicant.”
4. There were no members of the public present at the hearing.
5. 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.
6. Pursuant to the Administrative Hearing Rules and Procedures of the City of Newport
Beach, the hearing was digitally recorded.
7. The documents presented to the Hearing Officer during the hearing are the
administrative record of the hearing.
ISSUES
8. 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 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
9. This matter is before the Hearing Officer consistent with Section 105.3.4 of the NBAC.
10. The City of Newport Beach adopted the 2019 California Building Code by reference
under Ordinance No. 2019-17 as the Newport Beach Administrative Code, codified at Newport
Beach Municipal Code Section 15.02.010, which reads in part, “The City Council adopts and
incorporates by reference, as though set forth in full in this section, Chapter 1, Division II of the
2019 Edition of the California Building Code as published by the International Code Council.”
11. The City of Newport Beach adopted certain additions, amendments, and deletions to
the 2019 California Building Code, pursuant to its authority under California Health and Safety
Code Section 17958.5.
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-3-
FINDINGS OF FACT AND STATEMENT OF DECISION
12. One such addition is the addition of Sections 105.3.3, 105.3.4, and 105.3.5 to the
Newport Beach Administrative Code, codified at Newport Beach Municipal Code Section
15.02.095. Section 105.3.3 reads:
“For any one-unit or two-unit dwelling for which a tentative and final tract map is not
required, 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, unless an extension is granted in accordance with
Section 105.3.4.
For building permits issued on or after June 1, 2019, 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 June 1, 2019, the time limit to complete construction
shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the date of
construction completion for purposes of Section 15.02.095. Time limits set forth herein
shall not be extended by issuance of a subsequent building permit(s) for the same
project.”
13. Permit No. X2018-1744 was issued by the City of Newport Beach on June 19, 2020
(“Permit”). The Permit was set to expire on June 19, 2023.
14. Permits may be extended up to one year beyond the initial three-year deadline by
application to the City Building Official. (NBAC 105.3.4(1)).
15. The one year extension was granted by the Building Official on June 4, 2023. As a
result of the Building Official’s actions, the Permit was set to expire on June 19, 2024.
16. Section 105.3.4 provides that if a project is not completed within the timeframe
authorized by the Building Official, the property owner or their authorized agent may seek
further extension from the City’s Hearing Officer. The property owner or applicant may seek two
extensions from the Hearing Officer which shall not exceed 180 days each. To grant the
extension, the Hearing Officer must find 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. Any approval of an extension
should include conditions to ensure timely completion of the project in a manner that limits
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FINDINGS OF FACT AND STATEMENT OF DECISION
impacts on surrounding property owners. Applicant filed a request for an extension with the City
Hearing Officer seeking an extension for the full 180 days possible under the code.
17. The Applicant filed a request for an extension for an additional 180 days and a
hearing was held on June 27, 2024.
18. The City Representatives presented uncontroverted evidence that there has been
progress towards the completion of the project. However, the City Representatives concede that
the delays associated with the utility connections are dependent on the availability of the utility.
There was no objection from the City Representatives to the Hearing Officer granting an
extension.
19. Applicant, through testimony of the Owner’s Representative, provided
uncontroverted evidence that the project was nearing completion and that significant work has
continued to occur on the Subject Property. The Applicant represented that the project is calling
for the inspections on the mechanical, electrical and plumbing. He also noted that there are no
additional materials that the project is waiting on. He expressed confidence that the project
could be completed within the next 180 days.
20. The Applicant indicated, without contradiction, that the project was nearly complete,
that the house was almost entirely built and just these last remaining details need to be addressed
with final inspections.
21. Credibility determinations were made in favor of the Applicant and the City. The
Applicant presented credible evidence that the delays were due to circumstances partially beyond
their control resulting from delays caused by soil issues, material shortages and the delays caused
by the COVID-19 pandemic.
DECISION AND ORDER
22. The Applicant has presented sufficient evidence to establish that “the failure to meet
the time limit was caused primarily by circumstances beyond the property owner’s, applicant’s,
or their contractor’s control.” The Applicant could not have foreseen the significant delays
caused by labor and material shortages. The owner, applicant, and/or contractor were not the
cause of those delays, nor could they have been avoided with reasonable diligence.
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FINDINGS OF FACT AND STATEMENT OF DECISION
23. The Hearing Officer hereby grants an extension to 5:00 pm on Monday, December
16, 2024 in order to ensure the timely completion of the project.
24. Any person aggrieved by an administrative decision of a Hearing Officer 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 the ability
to seek judicial review.
Dated: July 7, 2024
_______________________________
Jamaar M. Boyd-Weatherby
Hearing Examiner
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