Chapter 10.64 — CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS

The City Council declares its purpose and intent in enacting this chapter is as follows:

A. Large and prolonged construction and maintenance projects conducted within any portion
of required setback areas in residential districts cause the following:

1. A reduction in the value of property;

2. An obstruction to the comfortable enjoyment of property adjacent to the construction
or maintenance project;

3. Adverse impacts on the aesthetic quality of property, giving the appearance of
blighted conditions and a deteriorated environment; and

4. A detriment to the public health, comfort, safety and general welfare, including, but
not limited to, a dangerous attraction for children, impeded ingress and egress during
emergencies, the potential for fire, an invitation to theft and other criminal conduct,
and the peace and quiet of the City and its inhabitants.

B. The necessity in the public interest for the provisions and prohibitions contained and
enacted herein is declared as a matter of legislative determination and public policy. It is
further declared that the provisions and prohibitions contained and enacted herein are in
pursuance of and for the purpose of securing and promoting the public health, comfort,
convenience, visual aesthetics, safety, general welfare and property values and the peace
and quiet of the City and its inhabitants.
(Ord. 2009-27 § 1 (part), 2009)

As used in this chapter:

“Abandonment” means any period of inactivity such that the construction or maintenance project will not be completed within the time frame set forth in the construction/maintenance project permit or any evidence which objectively demonstrates that the construction or maintenance project is not progressing at a sufficient pace to complete the project within the time frame set forth in the construction/ maintenance project permit.

“Construction or maintenance project” means a structure, equipment, vehicle, or vessel that is being built, made, erected, remodeled, repaired, renovated, restored or improved that is neither permanently affixed nor intended to be permanently affixed to the land, foundation or structure at the subject location. “Construction and maintenance project” excludes fencing and screening erected in accordance with Chapter 15.60. “Construction and maintenance project” excludes those activities requiring permits pursuant to Title 15.

“Not fully completed” means that additional work, materials, or any action remains to be done in order to properly complete the construction or maintenance project as described in a construction/maintenance project permit issued pursuant to this chapter.

“Required setback area” means an area within a lot that is established by Title 20 for the purpose of governing the location of structures on a lot.

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City of Newport Beach, CA § 10.64.020 OFFENSES AND NUISANCES § 10.64.050

“Residential zoning district” means a zoning district identified in Title 20 of this Code. (Ord. 2009-27 § 1 (part), 2009; Ord. 2013-11 § 36, 2013)

A. Except when expressly allowed by a City-issued construction/maintenance project permit, no person shall maintain, permit or allow to exist in any portion of a required setback area in a residential district a construction or maintenance project that is not fully completed which is visible from any public right-of-way and that: (1) occupies more than one hundred twenty (120) square feet of area of the property’s lot area; or (2) has a height of more than twenty-four (24) feet.

B. Upon completion or abandonment of a construction or maintenance project, it shall be
removed from the lot within fifteen (15) days.

C. Nothing in this chapter shall prevent the enforcement of any other provision of this Code.
In the event of any conflict between this chapter and another provision in this Code, the
provision establishing a more stringent restriction shall control.
(Ord. 2009-27 § 1 (part), 2009; Ord. 2023-22 § 490, 2023)

A. Prior to the commencement of any construction or maintenance project in any portion of a lot in a residential district, which construction or maintenance project will be visible from any public right-of-way and: (1) will occupy more than one hundred twenty (120) square feet of area of the property’s lot area; or (2) will have a height of more than twenty-four (24) feet, the property owner, tenant or occupier of the property upon which the construction or maintenance project will be located shall apply for a construction/ maintenance project permit. The application for the construction/maintenance project permit shall specify the precise nature, location, scope of work, and estimated completion date for the construction or maintenance project.

B. No property owner, tenant, occupier of property, contractor, subcontractor, or other person
or entity shall commence a construction or maintenance project subject to this chapter until
a valid construction/maintenance project permit for the construction or maintenance project
has been issued by the City.

C. At no time shall more than one permit be in effect for any one lot.

D. Property owners may apply for a permit not sooner than six months after the expiration
date of any prior construction/maintenance project permit regardless of whether the project
enumerated in the earlier construction/maintenance project permit was completed prior to
the expiration date.

E. No construction/maintenance project permit shall be issued for a period in excess of six
months. A permit may not be extended beyond the initial six-month period unless the
Community Development Director finds both that: (1) due to circumstances beyond the
control of the construction/maintenance project permittee, the construction or maintenance
project could not be fully completed within the time permitted by the initial construction/
maintenance project permit; and (2) extension of the construction/ maintenance project
permit will not adversely affect the public views or the public health, safety or welfare. The
Community Development Director may limit the term of the construction/maintenance

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City of Newport Beach, CA § 10.64.050 NEWPORT BEACH CODE § 10.64.060

project permit to a period of less than six months upon a determination of any of the
following:

1. That the full six-month period is unnecessary given the anticipated scope of the
construction or maintenance project;

2. That any period of time in excess of that prescribed by the Community Development Director would adversely affect the public views, or the public health, safety or welfare; or 3. That similar construction or maintenance projects previously approved by the Community Development Director were completed in a period of time less than the six-month maximum. (Ord. 2009-27 § 1 (part), 2009; Ord. 2013-11 § 37, 2013; Ord. 2023-22 § 492, 2023)

A. The Community Development Director shall be responsible for the review and approval, denial or revocation of construction/maintenance project permits pursuant to this chapter.

B. No construction/maintenance project permit shall be issued for any construction or
maintenance project where:

1. The activity to be conducted under the construction/maintenance project permit
violates any provision of this Code, or State or Federal law;

2. The Community Development Director determines that the activity described in the
permit would adversely affect the public views, or the public health, safety or welfare.

C. The Community Development Director may deny or revoke construction/maintenance
project permit, or the application for the same, if he determines any of the following:

1. Continued activity under the construction/ maintenance project permit will violate
Federal, State or local law;

2. Activity under the construction/maintenance project permit constitutes a violation of
any other provision of this Code;

3. Abandonment of the construction or maintenance project has occurred;

4. There has been any material deviation from the precise nature, location, scope of work
or estimated date for completion as described on the construction/maintenance project
permit application during the tenure of the construction/maintenance project permit;
or

5. The permittee has made any misrepresentation regarding the precise nature, location,
scope of work or estimated date of completion on the construction/maintenance
project permit application.

D. The procedure for revocation of a construction/maintenance project permit shall require
that the Community Development Director conduct an investigation of the facts
surrounding the alleged violation of any portion of this chapter and notify the permittee in
writing of his intent to revoke any construction/maintenance project permit issued pursuant
to this chapter. The notice of intent to revoke shall become effective, and the construction/

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City of Newport Beach, CA § 10.64.060 OFFENSES AND NUISANCES § 10.64.070

maintenance project permit shall be revoked, fifteen (15) days after the date of the notice of intent to revoke unless the permittee elects an administrative hearing as set forth in this chapter.

(Ord. 2009-27 § 1 (part), 2009; Ord. 2023-22 § 493, 2023)

A. Any person whose application is denied or who receives notice of intent to revoke a construction/maintenance project permit may appeal that decision by requesting a hearing in writing to the City Clerk, including payment of any applicable fee(s), within fifteen (15) days from the date of denial or date of the notice of intent to revoke the permit. Failure to timely appeal the denial or intent to revoke a permit by the Community Development Director shall render that decision final.

B. The Newport Beach City Manager shall designate the Hearing Officer for the construction/
maintenance project permit denial or construction/ maintenance project permit revocation
appeal hearing. The Hearing Officer shall not be a Newport Beach City employee. The
employment, performance evaluation, compensation and benefits of the Hearing Officer, if
any, shall not be directly or indirectly conditioned upon the result of the hearing as
determined by the Hearing Officer.

C. No hearing to contest denial of a construction/maintenance project permit application or
revocation of a construction/maintenance project permit before a Hearing Officer shall be
held unless and until a written request for hearing has been timely submitted to the City
Clerk.

D. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15)
and not more than sixty (60) days from the date that the request for hearing is received by
the City Clerk in accordance with the provisions of this chapter. The person requesting the
hearing shall be notified of the time and place set for the hearing at least ten (10) days prior
to the date of the hearing.

E. The Hearing Officer shall only consider evidence that is relevant to whether the
Community Development Director has properly denied or notified the permittee of their
intent to revoke the construction/maintenance project permit pursuant to this chapter.

F. The written notice from the Community Development denying or intending to revoke a
construction/maintenance project permit shall constitute prima facie evidence of the
respective facts contained in those documents supporting the basis for denial of the
construction/maintenance project permit application or intended revocation of the
construction/maintenance project permit.

G. At least ten (10) days prior to the hearing, the appellant shall be provided with copies of
any documents submitted or relied upon by the Community Development Director in
making the Community Director’s determination to deny the construction/ maintenance
project permit application or revoke the permit. No other discovery is permitted. Formal
rules of evidence shall not apply.

H. The permit applicant or permittee contesting the denial or revocation of a construction/
maintenance project permit shall be given the opportunity to testify and present witnesses
and evidence in support of issuance or nonrevocation of the construction/maintenance
project permit.

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City of Newport Beach, CA § 10.64.070 NEWPORT BEACH CODE § 10.64.070

I. The failure of any person requesting an appeal to appear at the administrative hearing shall
constitute a failure to exhaust their administrative remedies and render the decision of the
Community Development Director final.

J. The Hearing Officer may continue the hearing and request additional information from
either the Community Development Director or the appellant, or both, prior to issuing a
written decision.

K. Any person aggrieved by an administrative decision of a Hearing Officer at a hearing under
this chapter may obtain review of the administrative decision by filing a petition for review
with the Orange County Superior Court—Harbor Judicial District in accordance with the
timelines and provisions as set forth in California Government Code Section 53069.4.
(Ord. 2009-27 § 1 (part), 2009; Ord. 2023-22 § 494, 2023)

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City of Newport Beach, CA § 10.66.010 OFFENSES AND NUISANCES § 10.66.010