HomeMy WebLinkAbout11-16-2023_Order After Hearing_4615 Brighton (Construction)1
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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 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
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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.
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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