HomeMy WebLinkAbout12 - Amendment to Section 15.02.095 of the NBMC Related to Timeframes for Completion of ConstructionQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
March 25, 2025
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Tonee Thai, Deputy Community Development Director/Chief
Building Official - 949-718-1867, tthai@newportbeachca.gov
TITLE: Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the
Newport Beach Municipal Code Related to Timeframes for
Completion of Construction
ABSTRACT -
On April 23, 2019, the City Council adopted Ordinance No. 2019-8, setting a three-year
time limit to complete construction of one -unit and two -unit family dwellings. The
COVID-19 pandemic disrupted supply chains for certain building materials and fixtures
causing delays in completing construction. As a temporary solution to supply chain
delays, the City Council adopted Ordinance No. 2022-8 on March 22, 2022, authorizing
the building official to grant an extension of the time limit to complete construction for up
to one additional year. The temporary solution would sunset on April 21, 2025.
For the City Council's consideration is an amendment to Ordinance No. 2019-8 to remove
the sunset provision and amend Section 15.02.095 of the Newport Beach Municipal Code
(NBMC). The amendment would also introduce additional criteria for applicants seeking
further time extensions.
RECOMMENDATIONS:
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. 2025-5, An Ordinance of the City of Council of the City of Newport Beach,
California, Amending Section 15.02.095 (Section 105.3.4) of the Newport Beach
Municipal Code Related to Timeframes for Completion of Construction, and pass to
second reading on April 15, 2025.
DISCUSSION:
Ordinance No. 2019-8, adopted on April 23, 2019, established a three-year
construction time limit for one- and two-family dwellings.
12-1
Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the NBMC
Related to Timeframes for Completion of Construction
March 25, 2025
Page 2
Under this ordinance, extensions require an administrative hearing officer's approval
following a public hearing, with a maximum extension of one year. Further extensions
beyond the fourth year necessitate City Council approval.
The COVID-19 pandemic caused significant disruptions to the construction
industry, including supply chain delays, material shortages, and labor constraints.
As a result, many projects that would have been completed within the original
three-year timeframe faced unavoidable delays.
To address these challenges, the City Council adopted Ordinance No. 2022-8 on
March 22, 2022, granting the building official temporary authority to extend
construction time limits by one additional year beyond the three initial years. This
ordinance is set to expire on April 21, 2025. Extensions under this ordinance are
granted based on adequate project progress and necessity for completion. Any
additional extensions beyond the one-year granted by the building official require a
public hearing before an administrative hearing officer. The administrative hearing
officer may grant up to two, 180-day extensions.
Applicants seeking further extensions must submit a request through the City Clerk
to the City Council for consideration through a public hearing. This request must be
filed at least 45 days before the expiration of the last granted extension. To date,
no applicants have requested extensions from the City Council.
Projects that have exhausted all administrative remedies are referred to the
City Attorney's Office (CAO). The CAO may either prosecute the applicant for
violating the City's ordinance or work with the property owner to establish a
completion schedule through a settlement agreement.
The ordinance provides a consistent framework for granting extensions, ensuring
they are approved only when circumstances warrant additional time or when delays
are beyond the control of the property owner, applicant or contractor.
Since the adoption of Ordinance No. 2022-8, the building official has granted
extensions for 150 projects, with 106 successfully completed. During the same
period, 24 projects required public hearings for extensions, resulting in
12 completed projects and 12 still under construction. Additionally, five settlement
agreements have been reached, and four projects are currently under review by
CAO.
The high completion rate (71 %) for projects granted extensions by the building
official demonstrates the effectiveness of this streamlined approach. It reduces
administrative burdens, minimizes delays, and supports project completion.
Impacts if Ordinance No. 2022-8 Sunsets
If Ordinance No. 2022-8 expires, the building official will lose the authority to extend
construction permits, and the authority will revert to a public hearing process overseen
by an administrative hearing officer.
12-2
Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the NBMC
Related to Timeframes for Completion of Construction
March 25, 2025
Page 3
Property owners seeking extensions beyond the third year must submit applications to
the City Clerk, subject to a maximum extension of 180 days per request. The property
owner may request up to two extensions.
Additionally, the cost of obtaining an extension will increase. The current fee for an
extension granted by the building official is $221. If the ordinance sunsets, extensions
requiring a public hearing will cost $1,496 due to administrative expenses, including
hearing officer fees and public notice requirements.
Transitioning to a public hearing process may also cause delays. If a hearing cannot be
scheduled before a permit expires, construction must be suspended until a decision is
issued. This could result in project downtime and increased costs for property owners.
Draft Ordinance
The proposed ordinance removes the sunset provision from Ordinance No. 2022-8,
granting the building official authority to approve up to two 180-day extensions for
projects entering their fourth year. This amendment eliminates the public hearing
requirement for these specific extensions, streamlining the process and reducing costs
for permit holders. However, any request for a third or fourth extension will still require
a public hearing with an administrative hearing officer.
Additionally, the proposed ordinance introduces new requirements for applicants
seeking extensions. Requests must include:
1. A detailed explanation of the reasons for the delay and supporting justification.
2. A comprehensive completion schedule.
3. A record of any past complaints or enforcement actions, which will be considered
in evaluating the extension request.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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 notresult 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.
12-3
Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the NBMC
Related to Timeframes for Completion of Construction
March 25, 2025
Page 4
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. 2025-5
Attachment B — Redlined Ordinance
12-4
Attachment A
Ordinance No. 2025-5
12-5
ORDINANCE NO. 2025-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
15.02.095 (SECTION 105.3.4) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO TIMEFRAMES FOR
COMPLETION OF CONSTRUCTION
WHEREAS, Section 200 of the City 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 eleven years, which has resulted in increased
impacts to residents from construction related noise, loss of on -street parking, and traffic;
WHEREAS, Chapter 15.02 (Administrative Code) of the Newport Beach
Municipal Code ("NBMC"), adopts and incorporates by reference Chapter 1, Division II of
the California Building Code;
WHEREAS, the City Council adopted Ordinance No. 2019-8 on April 23, 2019,
adding Section 15.02.095 (Addition of Sections 105.3.3, 105.3.4, and 105.3.5), which sets
a three-year time limit from the issuance of the first or original building permit for one -unit
or two -unit dwellings to be completely constructed, unless the time is extended as
provided in subsection 1.05.3.4;
WHEREAS, the City Council adopted Ordinance No. 2022-8 on March 22, 2022,
amending Section 15.02.095 (Section 105.3.4) of the NBMC to allow for the extension of
the timeframe to complete construction due to the impacts of COVID-19;
WHEREAS, it is in the interest of the residents of the City to place a reasonable
time limit on the duration of construction projects and to streamline the extension request
process, to balance the needs of the owner of the project with the health, safety and
welfare of the neighbors; and
WHEREAS, the City Council desires to modify Section 15.02.095 (Section
105.3.4) of the NBMC to ensure that reasonable time extensions are granted, when
necessary, with the primary objective of ensuring construction projects are completed
promptly.
12-6
Ordinance No. 2025-5
Page 2 of 7
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Subsection 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 one hundred and eighty (180) calendar days; (v) how many previous
extensions have been granted; (vi) criteria that establish the cause(s) of delay and the
reason for the extension request; (vii) a comprehensive completion schedule; (viii) a brief
description of the improvements that are the subject of the application; (ix) past
complaints and enforcement history; and (x) 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 by a fee adopted by resolution of the City Council.
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 one hundred and eighty (180) calendar days with a maximum of two
extensions being granted by the Building Official under this subsection. 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.
12-7
Ordinance No. 2025-5
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) criteria that establishes the cause(s)
of delay and the reason for the extension request; (vii) a comprehensive completion
schedule; (viii) a brief description of the improvements that are the subject of the
application; (ix) past complaints and enforcement history; and (x) 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 adopted by resolution of the City Council.
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 third
application for extension, or fourth application for extension, shall be granted,
conditionally granted, or denied. The City Council shall hear and decide whether any
additional application for extension, beyond four total extensions, 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.
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
12-8
Ordinance No. 2025-5
Page 4 of 7
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 decide 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.
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.
12-9
Ordinance No: 2025-5
Page 5 of 7
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.
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: Any ordinance or portion thereof that conflicts with Ordinance No.
2025-5 including, but not limited to, the applicability of the sunset provision set forth in
Section 5 of Ordinance No. 2022-8 is hereby repealed.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
12-10
Ordinance No. 2025-5
Page 6 of 7
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 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 sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
12-11
Ordinance No. 2025-5
Page 7 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 25th day of March, 2025, and adopted on the 15th day of
April, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
G�.. C ff
Aaron C. Harp, City Attorney
12-12
Attachment B
Redlined Ordinance No. 2022-8
12-13
ORDINANCE NO. 2022-82025-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
15.02.095 (SECTION 105.3.4) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO TIMEFRAMES FOR
COMPLETION OF CONSTRUCTIONOF THE NEWPORT
BEACH MUNICIPAL CODE AUTHORIZING AN
EXTENSION OF THFM TIf\ACE 1—IRAIm--r—rTO T COMPLETE
trn�� f`
CONSTRUCTION FOR AN ADDITIONAL A l VE�D
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 eleven years, which has resulted in increased
impacts to residents from construction related noise, loss of on -street parking, and traffic;
WHEREAS, Chapter 15.02 (Administrative Code) of the Newport Beach Municipal
Code ("NBMC"), adopts and incorporates by reference Chapter 1, Division 11 of the
California Building Code;
WHEREAS, the City Council adopted Ordinance No. 2019-8 on April 23, 2019,
adding Section 15.02.095 (Addition of Section 105.3.3, 105.3.4, and 105.3.5), which sets 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;WHEREAc On April 23 2019 the remity GOUR it
WHEREAS, the City Council adopted Ordinance No. 2022-8 on March 22,
2022, amending Section 15.02.095 (Section 105.3.4) of the NBMC to allow for the
extension of the timeframe to complete construction due to}
�ithe impacts of COVID-
19; ERGAc en Ianar�i ` 1 '2�United SeEreta y yr Health aR.d Heiman
e ithreak;
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■ 11
12-14
WHEREAS. it is in the interest of the residents of the City to glace a
reasonable time limit on the duration of construction projects and to streamline the
extension request process, to balance the needs of the owner of the project with the
health, safety and welfare of the neighbors; anM HERE S due to the imnantc Gaused by
skilled WGFkfE)FGe, SE)Me GGR6tFtAGtiGR PFGjeGtS may take IE)RgeF thaR three years to
WHEREAS, the City Council desires to modify Section 15.02.095 (Section 105.3.4)
of the NBMC to ensure that reasonable time extensions are granted, when necessary, with
the primary objective of ensuring construction projects are completed
prom !Dtiv.WH EREAS, it is On the interest of the residents of the City to plaGe a reasenable
tome immot on the duration Of GenStrUGtien projeGtS, so as to balanGe the needs of the Ow
ofthepro eGt with }�oalthe safety and welfare of the neighbors
12-15
Ordinance No.2022-8
Page 2 of7
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Sect+erSubsection 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 one hundred and eighty (180) calendar daysthf h e_d
onsixty five (365) GaleRdar days; (v) how many previous extensions have been
granted; (vi) criteria that establish the cause(s) of delay and the reason for the
extension request; (vii) a comprehensive completion schedule this fie
requested -ex R• (von) the new or�ejeGt date if the appliGatieR is approved;
(viii) a brief description of the improvements that are the subject of the application; and
(ix) past complaints and enforcement historv: and (x) anv other information
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 by a fee adopted by resolution of the City Councilthefee cot forth On the
City' master fee cashed 4 .
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 one hundred and eighty (180t"fee hundred sixty five (365) calendar days
with a maximum of two extensions being granted by the Building Official under this
subsection. 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.
12-16
Ordinance No.2022-8
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) criteria that
establishes the causes, of delay and the reason for the extension request; (vii)a
comprehensive completion schedule+" -"pis f�T uested eXt n; (Vii` +"o
n W end PFE)jen+ date if the applina+ien is approved; (viii) a brief description of the
improvements that are the subject of the application; (ix) past complaints and
enforcement history; and ( x) 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 adopted by resolution of the City Councilthe
Gitv�Jter foe cashed ile.
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 decide whether a
third seeeed-application for extension, or fourth thirdapplicationfor extension, shall
be granted, conditionally granted, or denied. The City Council shall hear and decide
whether any additional application for extension beyond four total extensions, 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 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.
12-17
Ordinance No.2022-8
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 decide make a
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) hearing shall be held at the date, time, and place for which notice was 12-18
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given.
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Ordinance No.2022-8
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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 orthe failure to meet the time limitwas
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 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.
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Ordinance No.2022-8
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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: Any ordinance or portion thereof that conflicts with Ordinance No.
2025-5 including, but not limited to, the applicability of the sunset provision set forth in
Section 5 of Ordinance No. 2022-8 is hereby repealed.
Section -23: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 34: 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 45: 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.
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Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 67: 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. 12-21
Ordinance No.2022-8
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This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 8#-h-25th day of March, 20222025, and adopted on the 22Rd-15th
dayof , by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
12-22