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HomeMy WebLinkAbout11-16-2023_Order After Hearing_4615 Brighton (Construction)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Three-Year Construction Time Limit Extension (NBMC 15.02.095) PROPERTY ADDRESS: 4615 Brighton FINDINGS OF FACT AND STATEMENT OF DECISION OF THE ADMINISTRATIVE HEARING OFFICER Hearing Officer: Steven Graham Pacifico Date: November 16, 2023 Time: 10:00 a.m. INTRODUCTION 1. This matter involves the request for an application for extension of building permits under Newport Beach Municipal Code (“NBMC”) Section 15.02.095 which added Sections 105.3.3, 105.3.4, and 105.3.5 to the Newport Beach Administrative Code. Administrative Hearing Officer Steven Graham Pacifico (“Hearing Officer”), sitting as the Hearing Officer under NBAC Section 105.3.4(3)(b) heard this matter on the date and time noted above (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 is required to provide an impartial and independently reasoned decision to either grant, conditionally grant, or deny the application for extension. 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”). 3. The Applicant was represented by Scott DeMarois of JC Dyer Company Inc. (the “Applicant Representative”). 4. There were no members of the public present at the hearing and no written public comments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 00074948.1 2 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING 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 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 property owner’s, applicant’s or their contractor’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 permits subject to this Hearing for the Subject Property are stated in the hearing of the staff report as X2015-3753 (collectively, the “Permit”). The Permit was previously extended by the Hearing Officer for 180 days. 12. The Applicant Representatives provided uncontroverted testimony and photographic evidence of significant progress since the last extension. 13. The Applicant Representatives, through uncontroverted testimony and evidence, showed that the project was nearing completion and that the delays in the project were due to special circumstances and circumstances beyond the Applicant’s control. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 00074948.1 3 FINDINGS OF FACT AND STATEMENT OF DECISION AFTER HEARING DECISION AND ORDER 14. The Applicant has presented sufficient evidence to establish a basis for extension under either special circumstance and/or circumstances beyond the Applicant’s control. Further Applicant has taken all reasonable steps necessary to expedite the construction. 15. There was no evidence presented that warrants the imposition of any conditions. 16. The Permits are hereby extended for an additional 180 days. 17. Under NBAC 105.3.4, this decision is final. 18. 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 your ability to seek judicial review. Dated: November 16, 2023 Administrative Hearing Officer