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Home My WebLink About16 - Zoning Code and Local Coastal Program Amendments Due to VE Special Flood Hazard Area as Mapped by FEMAQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 26, 2019 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Program Manager PHONE: 949-644-3235, PAlford(a-).newportbeachca.gov TITLE: Initiation of Zoning Code and Local Coastal Program Amendments Due to VE Special Flood Hazard Area as Mapped by FEMA (PA2018- 075) F-11:163 I Z7_T91 6 The City Council will consider initiating amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan). The amendments relate to regulations on height measurement, encroachments into required setbacks and off-street parking requirements for properties located in the VE Special Flood Hazard Area designated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. RECOMMENDATION: a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Adopt Resolution No. 2019-31, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to Height Measurement, Accessory Structures and Residential Off -Street Parking Requirements for Properties Located in the VE Special Flood Hazard Area (PA2018-075). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 16-1 Initiation of Zoning Code and Local Coastal Program Amendments Due to VE Special Flood Hazard Area as Mapped by FEMA (PA2018-075) March 26, 2019 Page 2 DISCUSSION: Intrnrli irfinn- Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council, with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. This agenda item is not a public hearing. Should the City Council choose to initiate these proposed amendments, the specific text changes will be drafted and considered by both the Planning Commission and the City Council at public hearings. Additionally, amendments to the certified LCP will require certification by the California Coastal Commission. Analysis: On March 21, 2019, new FEMA Flood Insurance Maps went into effect in the City. The new FEMA maps include the designation of a Special Flood Hazard Area (VE Zone) along the coast in West Newport. The VE Zone covers 166 beachfront properties between 24' Street and 48th Street (Attachment B). New development within the VE Zone is required to meet FEMA design criteria, which include elevated structures (i.e., the use of pilings, post, piers or columns) to raise the first floor of the structure to be at or above the Base Flood Elevation (BFE). The BFE in the West Newport VE Zone is approximately three (3) feet above the existing grade. FEMA design criteria also requires buildings to have an open foundation and to be free of obstructions. The FEMA VE Zone design criteria presents a number of conflicts with current Zoning Code and certified LCP development regulations and procedures. These include the method of measuring the height of structures, encroachments into required setbacks and off-street parking requirements. Without any changes to the code, developing a new structure in the VE Zone could only be approved through a variance process. With the initiation of these amendments, staff will investigate ways to resolve these conflicts and revise the codes. Specific revisions to the Zoning Code and certified LCP will then be presented to the Planning Commission and City Council at future public hearings for consideration. 16-2 Initiation of Zoning Code and Local Coastal Program Amendments Due to VE Special Flood Hazard Area as Mapped by FEMA (PA2018-075) March 26, 2019 Page 3 ENVIRONMENTAL REVIEW: The initiation of zoning and LCP amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No final action on any amendments will occur at this meeting and the initiation of the amendment does not have any legally binding effect upon future consideration of the amendments themselves. The City will conduct an environmental review prior to the consideration and potential approval of the amendments. NOTICING: The Municipal Code does not require public notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the Municipal Code. Additionally, notice of the LCP amendments will be sent to all persons and agencies on the Notice of the Availability mailing list. ATTACHMENTS: Attachment A — Resolution No. 2019-31 Attachment B — Map of Properties Affected by VE Zone 16-3 ATTACHMENT A RESOLUTION NO. 2019- 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO HEIGHT MEASUREMENT, ACCESSORY STRUCTURES AND RESIDENTIAL OFF-STREET PARKING REQUIREMENTS FOR PROPERTIES LOCATED IN THE VE SPECIAL FLOOD HAZARD AREA (PA2018-075) WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020 provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to Title 20 with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in NBMC Title 21 to be initiated by the City Council; and WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to modify regulations relating to height measurement, accessory structures and residential off-street parking requirements for properties located in VE Special Flood Hazard Area designated by the Federal Emergency Management Agency ("FEMA") Flood Insurance Rate Maps. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to NBMC Title 20 "Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to modify regulations relating to the method of height measurement of buildings and accessory structures, allowed encroachments into required setback areas and parking standards for residential uses for properties located in the VE Special Flood Hazard Area. Section 2: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution 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. 16-4 Resolution No. 2019 - Page 2 of 2 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is categorically exempt pursuant to Title 14 California Code of Regulations, Section 15262 (Feasibility and Planning Studies) Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). Section 15262 exempts projects involving feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 26th day of March, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE CAaron C.arp City Attor ey 16-5 Attachment B Map of Properties Affected by VE Zone 16-6 �V�