HomeMy WebLinkAbout06-01-2023_Order After Hearing - 1816 Newport Hills DriveFinance Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3141 PH | 949 644-3073 FAX newportbeachca.gov
June 2nd , 2023
Annie Chu
1816 Newport Hills Drive East
Newport Beach, CA 92660
Re: Three Year Construction Time Limit Extension Hearing Results
Dear Appellant:
Attached please find the Hearing Officer’s findings regarding your appeal of Three Year
Construction Time Limit Extension.
If you require further information, please call 949-644-3141.
Sincerely,
Evelyn Tseng Revenue Manager
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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 1816 Newport Hills Drive APPLICATION FOR PERMIT EXTENSION (NBMC 15.02.095)
FINDINGS OF FACT AND STATEMENT OF DECISION OF THE ADMINISTRATIVE HEARING OFFICER Hearing Officer: Steven Graham Pacifico Date: June 1, 2023 Time: 1:30 p.m.
INTRODUCTION
1. This matter involves an extension of time to complete construction for work under building
permits issued for 1816 Newport Hills Drive (“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. Steven Graham Pacifico (“Hearing Officer”), sitting as the Hearing Officer
under NBAC Section 105.3.4 heard this matter on June 1, 2023 at 1:30 p.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”). The City Representative was also accompanied by the Principal Building
Inspector and Building Inspector from his office.
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00074948.1 2
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
3. Annie Chu, owner of the Subject Property was present at the Hearing and was accompanied by
her daughter Celeste Kuo. Collectively, Mrs. Chu and Ms. Kuo are referred to as the
“Applicant.”
4. There were no members of the public present at the hearing and no written public comments
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
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 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
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
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00074948.1 3
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
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.
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
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00074948.1 4
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
issuance of a subsequent building permit(s) for the same project.”
(emphasis added).
13. The permits subject to this Hearing for the Subject Property are stated in the hearing of the staff
report as X2018-1908, X2020-0184, X2021-3138 (collectively, the “Permit”). The Permit was
set to expire under NBAC 105.3.3 on June 1, 2022.
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 full year extension was granted by the Building Official to June 1, 2023.
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 impacts on surrounding
property owners. On April 24, 2023, Applicant filed a request for an extension with the City
Hearing Officer seeking an extension for 6 months.
17. The City Representatives presented uncontroverted evidence that there has been diligent
progress made and the project is nearing completion.
18. There were no in person or written public comments.
19. The Applicant, through testimony of Mrs. Chu and Ms. Kuo provided uncontroverted evidence
that the project was nearing completion and that the delays in the project were due to
circumstances beyond the control of the Applicant such as labor/material shortages as a result
of the COVID-19 pandemic and the death of Mrs. Chu’s husband.
DECISION AND ORDER
20. The Applicant has presented sufficient evidence to establish a basis for extension due to
circumstances beyond the Applicant’s control.
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00074948.1 5
FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING
21. There was no evidence presented that warrants the imposition of any conditions.
22. The Permits are hereby extended to November 28, 2023.
23. Under NBAC 105.3.4 this decision is final and not appealable to any City body.
24. 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: June 1, 2023 /s/ Steven Graham Pacifico
Administrative Hearing Officer