Attachment B
Redlined Ordinance No. 2022-8
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ORDINANCE NO. 2022-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
15.02.095 OF THE NEWPORT BEACH MUNICIPAL CODE
A
UTHORIZING AN EXTENSION OF THE TIME LIMIT TO
C
OMPLETE CONSTRUCTION FOR AN ADDITIONAL
Y
EAR
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 wit h respect to municipal affairs subject only to the restrictions and limitations contained in the C
harter 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 Cit y has increased substantially over the past eight years, which has resulted in increased impacts to residents from construction related noise, loss of on-street parking, and traffic;
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 dwellings to complete construction;
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services announced a nationwide public health emergency, in response to the COVID-19 o
utbreak;
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions alr eady 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 p
roducts and materials, and the health impacts to skilled workforce, some construction p
rojects 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 l
imit 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. 13-9
Ordinance No. 2022-8
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Section 105.3.4 of Section 15.02.095 of the Newport Beach Municipal C
ode is hereby 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:
1. Application for Extension to Building Official.
a) A property. owner, or authorized agent of the property owner, may request an extension b
y filing with the Building Official, in writing and on a form provided by the Building Official, an application 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 three hundred and sixty-five (365) calendar days; (v) how many previous extensions have been granted; (
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 are the s ubject of the application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be s
ubmitted no later than forty-five (45) calendar days prior to the expiration of the building p
ermit. The application for extension to the Building Official shall be accompanied the fee s
et forth in the City’s master fee schedule.
c) Within forty-five (45) days of a request for extension, the Building Official may ministerially g
rant, conditionally grant or deny a request for extension for a period not to exceed three h
undred sixty-five (365) calendar days. The Building Official shall only grant an extension if h
e/she determines adequate progress has been made towards completion of construction a
nd the request for extension is necessary for its completion. The decision of the Building O
fficial shall be final and non-appealable.
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Ordinance No. 2022-8
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by t
he Building Official, a property owner, or authorized agent of the property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided b
y the City Clerk, an application 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 one hundred and eighty (180) calendar days; (v) how many previous extensions have been granted; (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 are the subject of the application; and (ix) any other information requested by the City.
b) 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) An application for extension filed with the City Clerk shall be accompanied by a hearing a
nd noticing fee identified in the City's master fee schedule.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection 2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second application for e
xtension, or third application for extension, shall be granted, conditionally granted, or d
enied. The City Council shall hear and decide whether any additional application for e
xtension shall be granted, conditionally granted or denied. The applic able hearing body shall be referred to herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City Manager shall a
ppoint a Hearing Officer with the requisite qualifications and experience to consider the a
pplication for extension. The Hearing Officer shall not be a City employee and the e
mployment, performance evaluation, compensation and benefits of the Hearing Officer, if a
ny, shall not be conditioned, either directly or indirectly, upon the outcome of any decision b
y the Hearing Officer.
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Ordinance No. 2022-8
Within seven (7) calendar days of the City Clerk’s receipt of an application for extension, the City Manager or his/her designee shall notify the applicant of the name of the Hearing Officer in accordance with Section 1.08.080. 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 d
isqualified 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 Officer shall be disqualified. The City Manager's decision shall be final. If t
he 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 h
earing. 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 s
ubject 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 reque sted; the new end project date if the application is approved; the name of the appl icant and property owner; a brief description of the improvements; the date, time, and place of the h
earing; and a statement informing the person they have the ability to attend the hearing and p
rovide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least t
en (10) calendar days before the scheduled hearing. The size, location and number of s
ign(s) shall be posted as determined by the City Manager or his/her designee. The applicant s
hall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove a
ll 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.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given. 13-12
Ordinance No. 2022-8
b) The review authority shall only consider evidence and testimony, presented by the a
pplicant or any other interested person, relevant to whether: (i) special circumstances w
arrant an extension of time; (ii) the failure to meet the time limit was caused by c
ircumstances beyond the property owner’s, applicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner t
hat limits impacts on surrounding property owners. Any documents submitted 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 cause d by circumstances beyond the property owner's, applicant’s or their contractor's control. If the review authority makes the findings to grant an extension, the review authority shall consi der whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority sh all deny the application if it
cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, pro vided the Hearing Officer or chair o
f the review authority announces the date, time, and place to which the hearing will be c
ontinued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on a final d
ecision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and th e decision shall be final and effective on the date the decision is made, unless otherwise s
pecified by the review authority. The review authority shall pro vide the City Clerk with its f
inal decision within three (3) calendar days of the date of decision and the City Clerk shall m
ail a copy of the final decision to the applicant within ten (10) calendar days of receipt of t
he final decision.
5. 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 t
he City and the property owner or a term of a court order/judgment. 13-13
Ordinance No. 2022-8
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall n
ot seek judicial review related to any application for extension until the person has f irst exhausted all administrative procedures set forth in Section 15.02.095.
Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance i
s for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds and determines that the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursua nt to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable i
ndirect 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, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: Ordinance 2022-008, which amends Section 105.3.4 of Section
15.02.095 of the Newport Beach Municipal Code, shall remain in in effect through the end of business on April 21, 2025, and as of that date/time is repealed. After April 21, 2025, the unamended version of Section 105.3.4 of Section 15.02.095 of the Newport Beach Municipal Code shall be in full force and effect. Except as expressly modified in this ordinance, all other titles, chapters, sections, subsections, terms, sentences, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect.
Section 6: 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.
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Ordinance No. 2022-8
KEVIN MULD N, MAYOR
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of March, 2022, and adopted on the 22nd day of March, 2022, by the following vote, to-wit:
AYES: Council Member Avery, Council Member Brenner, Council Member Dixon, Council Member Duffield, Council Member O’Neill
NAYS: Mayor Muldoon, Mayor Pro Tern Blom
ABSENT:
ATTEST:
LEILANI 1. BROW CITY CLERK
APPROVED AS TO FORM:
C
ITY ATTORNEY’S OFFICE
AAR N C. HARP, CITY ATTORNEY
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Leila i 1. Brown, MMC
Leilani I Brown, MMC
City Clerk
C
ity of Newport Beach, California
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss
CITY OF NEWPORT BEACH
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. 2022-8 was duly introduced on the 8'h day of March, 2022, at a regular meeting, and adopted by the C
ity Council at a regular meeting duly held on the 22n° day of March, 2022, and that the same was so passed and adopted by the following vote, to wit:
A
YES. Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member \/Vill O'NeiII NAYS: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23' d day of March, 2022.
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF NEWPORT BEACH )
I, LEILANI 1. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that O
rdinance No. 2022-7 has been duly and regularly published according to law and the order of the City C
ouncil of said City and that same was so published in T he Daily Pilot, a newspaper of general circulation o
n the following dates.
Introduced Ordinance:
Adopted Ordinance:
March 12, 2022
March 26, 2022
In witness whereof, I have hereunto subscribed my name this day of April, 2022.
City Clerk
City of Newport Beach, California
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