HomeMy WebLinkAbout03-27-25_Order After Hearing_ 3200 Ocean Blvd1
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01088.0075/1065428.1
ALESHIRE & WYNDER, LLP PAUL J EARLY 3880 Lemon Street, Suite 520 Riverside, California 92501 Telephone: (951) 241-7338 Facsimile: (949) 223-1180 Administrative Hearing Officer
BEFORE THE ADMINISTRATIVE HEARING OFFICER
FOR
THE CITY OF NEWPORT BEACH
IN RE
3200 OCEAN BLVD
APPLICATION FOR PERMIT EXTENSION NBMC. SECTION 15.02.095
FINDINGS OF FACT AND STATEMENT OF DECISION OF THE ADMINISTRATIVE HEARING OFFICER
Hearing Officer: Paul Early Date:March 27, 2025 Time: 10:00 a.m.
INTRODUCTION
1.This matter involves an extension of time to complete construction for work under a building
permit issued for 3200 Ocean Blvd. (“Subject Property”) in the City of Newport Beach under
Section 105.3.4 of the Newport Beach Administrative Code (“NBAC,” a locally amended version
of the California Building Code) as codified at Newport Beach Municipal Code (“NBMC”) Section
15.02.095. Paul Early (“Hearing Officer”), sitting as the Hearing Officer under NBAC Section
105.3.4 heard this matter on March 27, 2025 at 10:00 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 and
Steven Lane, Principal Building Inspector (“City Representatives”).
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3. Mark Wynans, Project Manager on behalf of Michael Reeves (“Applicant”), appeared in
support of the application for an extension of time.
4.There was no public comment on the property.
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 are attached hereto as
Exhibit A and form the administrative record of the hearing.
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 Applicant’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 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.”
12.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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13.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.”
14.This project first started with Permit X2020-2540 issued on June 15, 2021 with initial an
three year construction limit expiration date of June 15, 2024. Permit XR2023-0079 is for site
retaining wall located inside the property that was issued on January 13, 2023. The first inspection
was on July 19, 2021, for a Pre-Grading Meeting. The last inspection was on December 17, 2024,
for Final Electrical inspection.
15.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)).
16.An initial extension was granted by the Building Official. As a result of the Building
Official’s actions, the Permit was set to expire on March 17, 2025.
17.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
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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 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.
18.The Applicant filed this request for an extension by the hearing for an additional 180 days.
19.The City Representatives presented uncontroverted evidence that there has been steady and
regular inspections on the project and that the project has no complaints or concerns. There was no
objection from the City Representatives to the Hearing Officer granting an extension.
20.Applicant provided uncontroverted evidence that the project was continuing at a regular pace
and that significant work has continued to occur on the Subject Property despite rain delays
numerous owner changes and materials delays from those changes.
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 ownership changes and property transfers.
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 ground
conditions and other agency requirements. The owner, applicant, and/or contractor were not the
cause of those delays, nor could they have been avoided with reasonable diligence.
23.The Hearing Officer hereby grants an extension to 5:00pm on September 13, 2025, in order
to ensure the timely completion of the project.
24.Under NBAC 105.3.4 this decision is the final extension available on such permit and is not
appealable to any City body.
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25.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: April 1, 2025
Paul Early Administrative Hearing Officer