ORDINANCE NO. 2019-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
NEWPORT BEACH, CALIFORNIA, ADDING SECTION
15.02.095 TO THE NEWPORT BEACH MUNICIPAL CODE,
SETTING TIME LIMITS TO COMPLETE CONSTRUCTION
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the City Council with the authority to make and enforce all laws , rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, the number of construction projects on private property in the City has increased substantially over the past five years, which has resulted in increased impacts to residents from construction related noise, loss of on-street parking, and traffic; and
WHEREAS, it is in the interest of the residents of the City to place a reasonable time limit on the duration of construction projects, so as to balance the needs of the owner of the project with the health, safety and welfare of the neighbors.
WHEREAS, on April 23, 2019 the City Council adopted Ordinance No. 2019-8 setting a three year time limit from the issuance of the first or original building permit for one-unit or two-unit dwelling to complete construction;
WHEREAS, on January 31, 2020, the Untied States Secretary of Health and Human Services announced a nationwide public health emergency, in response to the COVID-19 outbreak;
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19;
WHEREAS, due to the impacts caused by COVID-19 disrupting the supply lines for products and materials, and the health impacts to skilled workforce, some construction projects may take longer than three years to complete; and,
WHEREAS, it is in the interest of the residents of the City to place a reasonable time limit on the duration of construction projects, so as to balance the needs of the owner of the project with the health, safety and welfare of the neighbors.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
ATTACHMENT B
11-12
Section 1: The chapter titles and heading forfollowing Section of Newport Beach Municipal Code Chapter 15.02 are is hereby amended to read as follows:
Chapter 15.02 ADMINISTRATIVE CODE* ADMINISTRATIVE CODE*
Sections:
15.02.010 Adoption of the Administrative Code.
15.02.020 Amendment to Section 101.1.
15.02.030 Amendment to Section 101.4.3.
15.02.040 Amendment to Section 101.4.4.
15.02.050 Amendment to Section 102.6.
15.02.060 Added to Section 102.7.
15.02.070 Amendment to Section 103.1.
15.02.080 Amendment to Section 105.2.
15.02.090 Amendment to Section 105.3.2.
15.02.095 Addition of Section 105.3.3, 105.3.4 and 105.3.5.
15.02.100 Amendment to Section 105.5.
15.02.110 Amendment to Section 109.4.
11-13
Ordinance No. 2019-8
* Prior ordinance history: Ords. 90-8, 92-15, 93-19, 95-38, 97-7, 97-31, 99-14, 2001-22, 2004-2, 2005- 5, 2006-11, 2007-19, 2010-23, 2011-5, 2013-24 and 2016-17.
Section 2: Section 105.3.4 of Section 15.02.095 is hereby amended in
15.02.095 is hereby added to Chapter 15.02 of Title 15 of the Newport Beach Municipal Code to read as follows:
15.02.095 Addition of Section 105.3.3, 105.3.4 and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
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, bu t not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or al teration(s), shall be limited to three (3) ye ars, 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 i ssuance 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.
Section 105.3.4 is added amended to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section 105.3.3, may be extended as follows:
11-14
Ordinance No. 2019-8
1. Application for Extension.
a) A property owner, or author ized agent of the property owner, may request a onetime extension by filing with the Building Official, in writing and on a form provided by the Building Official, an applicat ion for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than thr ee hundred and sixty-five (365) calendar days; (v) how many previous extensi ons have been granted, if any; (vi) the basis for the requested extension; (vii) t he new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City.
a)b) If after item a) has been exhausted and the construction is not completed, then a A property owner, or authorized agent of the property owner, may request an extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension whic h sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) calendar days; (v) how many previous extensi ons have been granted, if any; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (viii) a brief description of the improvements that ar e the subject of the application; and (ix) any other information requested by the City.
b)c) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit.
c)d) An application for extension filed with the City Clerk shall be accompanied by the filinga hearing and noticing fee identified in the City's master fee schedule.
2. Scheduling and Noticing
a) A Hearing Officer, desi gnated by the City Manager, shall hear and decide whether an initiala second application for extension, or second third application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional applic ation for extension shall be granted, conditionally granted , or denied. The applicable hearing body shall be referred to herein as the "review authority."
b) For any application for ex tension to be heard by a Hearing Officer, the City Manager shall appoint a Hearing Officer with the requisite qua lifications and experience to consider the application for extension. The Hearing Officer shall not 11-15
Ordinance No. 2019-8
be a City employee and the employment, performance evaluation, compensation and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk's receipt of an application for extension, the City M anager or his/her designee shall not ify the applicant of the name of the Hearing Officer in accordance with Section 1.08.080.
11-16
Ordinance No. 2019-8
If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) calendar days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for disqualification. A Hearing Officer may only be disqualified for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be disqualified after a showing of good cause under the laws of the State of California.
The City Manager will review any request for disqualification and make a decision as to whether a Hearing Offi cer shall be disqualified. The City Manager 's decision shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection.
c) The applicant shall be notified of the time and place set for the hearing of the application, in accordance with Section 1.08.080, at least ten (10) calendar days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) calendar days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the improvements; the date, time, and place of the hearing; and a statement informing the person they have the ability to attend the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) ca lendar days before the scheduled hearing.
The size, location and number of sign(s) shall be posted as determined by the City Manager or his/her designee. Th e applicant shall be responsible for maintaining the sign(s) in a sati sfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.
3. Conduct of Hearing
a) A hearing shall be held at the date, time, and place for which notice was given. 11-17
Ordinance No. 2019-8
b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested pers on, relevant to whether: (i) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond th e property owner's, ap plicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents s ubmitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) calendar day extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. If t he review authority makes the findings to grant an extension, the review authority shall cons ider whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority shall deny the application if it cannot make the findings set forth in this subsection.
d) A hearing may be continued wit hout further notice, prov ided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tent ative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a writt en decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision with in three (3) calendar da ys of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of the final decision.
4. Judicial Proceeding
Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.
11-18
Ordinance No. 2019-8
5. Judicial Review
The decision of the review authority s hall not be appealable to any City body. A person shall not seek judicial review related to any application for extension until the person has first exhausted all administr ative procedures set forth in Section
15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable provision ꞏ of federal, state or local law including, but not limited to, construction related laws adopted by the City.
Section 3: The recitals provided in this or dinance are true and correct and are incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sent ence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the re maining portions of this ordinance. The City Council hereby declares that it would have passed this or dinance and each section, subsection, sentence, clause or phrase hereof, ir respective of the fact that any one or more sections, subsections, sentences, claus es or phrases be de clared invalid or unconstitutional.
Section 5: The City Council finds and dete rmines that the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, bec ause it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 6: Except as expressly modified in this ordinance, all other titles, chapters, sections, subsections, terms, sent ences, clauses and phrases set forth in the Newport Beach Municipal Code shall rema in unchanged and shall be in full force and effect.
11-19
Ordinance No. 2019-8
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9 th 8th day of AprilMarch, 20192022, and adopted on the 23rd 22nd day of AprilMarch, 20192022, by the following vote, to-wit:
AYES: ___________________ _______________________________________ Mayor Dixon, Mayor Pro Tern O' Neill, Council Member Avery, Council Member Brenner, Council Member Herdman, Council Member Muldoon, Council Member Duffield
NAYS:
ABSENT:
__________________________
Kevin Muldoon, MAYOR
ATTEST:
_________________________
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
___________________________________
AARON C. HARP, CITY ATTORNEY
11-20
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2019-8 was duly introduced on the 9th day of April, 2019, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 23rd day of April, 2019, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tern Will O'Neill, Mayor Diane Dixon NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24 th day of April, 2019.
Leilani I. Brown, MMC City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
}
}
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2019-8 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates:
2019
.
Introduced
Ordinance: Adopted
Ordinance:
In witness whereof,
April 13, 2019
April 27, 2019 have
hereunto subscribed
my name this / if,t/1 day of
11-21
City Clerk
City of Newport Beach, California
11-22