HomeMy WebLinkAbout09-18-2025_Order After Hearing_1105 W Balboa Blvd.
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FINDINGS OF FACT AND STATEMENT OF DECISION
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BEFORE THE ADMINISTRATIVE HEARING OFFICER
FOR THE
CITY OF NEWPORT BEACH, CALIFORNIA
IN RE:
1105 W. BALBOA BOULEVARD
APPEAL FOR PERMIT EXTENSION
NBMC SECTION 15.02.095
FINDINGS OF FACTS AND STATEMENT
OF DECISION OF THE
ADMINISTRATIVE HEARING OFFICER
Hearing Officer: Marleigh N. Aulis
Date: September 18, 2025
Time: 8:30 a.m.
INTRODUCTION
1. The hearing was conducted at Newport Beach City Hall. This matter involves an
extension of time to complete construction for work under building Permit X2020-0999 issued for
1105 W. Balboa 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 as Newport Beach Municipal Code (“NBMC”) Section 15.02.095. The
City of Newport Beach was represented by Chief Building Official Tonee Thai (“Mr. Thai”) and
Principal Building Inspector Steven Lane (“Mr. Lane”). The property owners, Hai Bang Trinh
(“Mr. Trinh”) and Lisa Lam (“Ms. Lam”), appeared in support of the application for an extension
of time. There was no public comment on the Subject Property.
2. Mr. Thai testified and presented evidence of the following: Permit X2020-0999 was
issued on August 17, 2021. Pursuant to NBMC section 15.02.095, the initial three-year
construction limit was to expire on August 17, 2024. The Chief Building Official granted an
extension of the three-year construction time limit totaling 365 days, to expire on August 17, 2025.
3. The last inspection occurred on August 12, 2025. The permit expired on August 17,
2025, so no work or inspections could be completed after that date.
4. Mr. Trinh testified that this is his and Ms. Lam’s first time remodeling a home, and
they are attempting to build their dream home. Mr. Trinh and Ms. Lam cited the significant changes
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FINDINGS OF FACT AND STATEMENT OF DECISION
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they were making to the house, their lack of experience, and Mr. Trinh’s particularity as factors
contributing to the missed permit deadline. Furthermore, Mr. Trinh indicated some delays were
caused by having to re-draw plans for the City’s approval. Additionally, Mr. Trinh noted that they
were making upgrades to the home, including solar panels which were relatively uncommon in the
City. Mr. Trinh stated there were plans in place for the drywall, cabinets, and floorings and that
construction could be completed within 180 days. Mr. Trinh and Ms. Lam have been making
continuous progress towards finalizing the permit over the past year.
5. Neither Mr. Thai nor Mr. Lane had any objections to an additional 180-day
extension. However, Mr. Lane did note that the Subject Property had been the subject of some
code enforcement issues that seemed to have been resolved.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
6. Pursuant to NBAC Section 105.3.4, a property owner may seek two extensions
from a hearing officer. The hearing officer can grant, deny, or conditionally grant, an extension of
up to 180 calendar days 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.
7. Mr. Trinh and Ms. Lam presented sufficient evidence to suggest that the failure to
meet the time limit was beyond their control due to the complexity of the remodel, including
significant upgrades such as solar panels, particularly when combined with their consistent efforts
towards finalizing the permit. Given these circumstances and the steps already taken, granting an
additional extension is appropriate to allow sufficient time to complete the permit process.
8. Therefore, the 180-day extension is GRANTED. The permit now expires on
Friday, February 13, 2026 at 5:00 pm.
DECISION AND ORDER
9. With the findings above, the first 180-day extension is granted under NBAC
105.3.4. The administrative order regarding Permit X2020-0999 is as follows: the full 180-day
extension from August 17, 2025 is granted. The permit now must be finalized on or before Friday,
February 13, 2026 at 5:00 pm.
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10. The Hearing Order is final. There are no further administrative appeals available
through the City of Newport Beach. This order is reviewable, however, by filing an action in
Superior Court in accordance with California Code of Civil Procedure §1094.6. In §1094.6, there
are strict time limits for requesting judicial review of this Order. If you wish to have this order
reviewed by a court, consult an attorney immediately.
Dated: September 29, 2025 ___________________________________ Marleigh N. Aulis Administrative Hearing Officer