HomeMy WebLinkAbout21 - Code Amendment Establishing the "VE" Special Flood Hazard Area Overlay District (PA2018-075)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
June 13, 2023
Agenda Item No. 21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Liz Westmoreland, Senior Planner
Westmoreland@newportbeachca.gov
PHONE: 949-644-3234
TITLE: Ordinance No. 2023-10: Code Amendment Establishing the
WE" Special Flood Hazard Area Overlay District (PA2018-075)
ABSTRACT:
For the City Council's consideration are amendments to Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC) to establish a new Special Flood Hazard (VE) Overlay District.
The VE Overlay District would modify design standards for new residential development
for properties designated by the Federal Emergency Management Agency (FEMA) as
being in the VE Special Flood Hazard Area (VE Zone). New development within the
VE Zone is required to meet FEMA construction design criteria, which includes elevating
the finished floor of new residential structures approximately 3 to 5 feet above existing
grade to avoid flood hazards.
Due to the complexity of complying with FEMA construction design criteria and the City's
current design standards, the proposed ordinance is meant to provide the property owner
with flexibility in the design of their home. The proposed VE Overlay District would allow
raised walkways, decks and stairs with necessary guardrails and handrails to encroach
into the front, side and rear setback areas to provide reasonable use and site access. The
raised decks and walkways would be elevated similarly to the required elevated finished
floor of the new residential structure.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find the introduction and adoption of this ordinance is not subject to the California
Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and
State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The action is
also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has
no potential to have a significant effect on the environment. The amendments
themselves do not authorize development that would directly result in physical change
to the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the
adoption of a Local Coastal Program;
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Ordinance No. 2023-10: Code Amendment Establishing the
"VE" Special Flood Hazard Area Overlay District (PA2018-075)
June 13, 2023
Page 2
c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2023-10, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code to Establish the Special Flood Hazard (VE) Overlay District (PA2018-075), and
pass to second reading on June 27, 2023; and
d) Adopt Resolution No. 2023-37, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to
the California Coastal Commission to Amend Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code to Establish the Special
Flood Hazard (VE) Overlay District (PA2018-075).
BACKGROUND:
On March 21, 2019, new FEMA Flood Insurance Rate Maps (FIRMs) went into effect in
Newport Beach. The new maps include the designation of a Special Flood Hazard Area
(VE Zone) affecting 166 beachfront properties in West Newport, between 24th Street and
48th Street. Figure 1 below is an excerpt of the FIRM with the affected beachfront
properties identified by a red oval.
Figure 1 — Excerpt from the FIRM for West Newport
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Ordinance No. 2023-10: Code Amendment Establishing the
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Design Criteria for VE Zone Properties
New development and substantial remodels within the VE Zone are required to meet
FEMA construction design criteria. This includes using pilings, posts, piers or columns to
raise the main residential structure approximately 3 to 5 feet above the ground. The area
below the elevated floor must be open and free of obstructions. In the event of wave
action, these structures are designed and engineered to allow water to flow under the
elevated floor system without damaging the foundation or creating substantial debris.
Of the 166 affected properties, 27 properties are in the "VE 13" area and require structures
to be elevated by approximately 3 feet above the existing grade. The remaining 139
properties are in the WE 15" area and require structures to be elevated approximately 5
feet above the existing grade. Figure 2 below provides a map of affected properties with
the VE 13 designation shown in purple and the VE 15 designation shown in yellow.
Figure 3 on the following page provides an example section of a raised foundation on
caissons.
48th Street
28th Street
�--7 Properties Affected by the VE Zane 15' (139)
1 Properties Affected by the VE Zone 13' (27)
24th Street
Figure 2 — Map of Affected Properties
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Ordinance No. 2023-10: Code Amendment Establishing the
WE" Special Flood Hazard Area Overlay District (PA2018-075)
June 13, 2023
Page 4
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Figure 3 —Section of Raised Foundation
Compliance with FEMA's VE Zone design criteria presents several challenges for new
residential development to meet the City's requirements of Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Specifically, the
VE Zone design criteria significantly limits means of access to the dwelling, as well as the
usability of outdoor areas. The proposed amendments seek to remedy the challenges
related to access and usability of outdoor areas.
Lack of Beach Access
Typical residential properties along the beach and boardwalk can achieve seamless
indoor and outdoor living with front patios along the sand or boardwalk. As of the effective
date of the new FIRMs, properties in the VE Zone are no longer able to achieve this
design for new construction since their finished floors are elevated well above the beach
or boardwalk. The existing residential development standards in the NBMC limit the
height of accessory structures to 42 inches maximum within the front setback. However,
in the VE Zone, no patios or decks attached to the principal structure can be located
below the elevated first floor. This significantly limits outdoor living space for the affected
properties. Furthermore, no direct access to the ground is provided, as the required stairs
and handrails or guardrails exceed allowable height limits in the front setback.
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Ordinance No. 2023-10: Code Amendment Establishing the
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Page 5
Similarly, access is challenging for properties in the VE zone. The current NBMC limits
steps, landings, platforms and similar features to 18 inches from existing grade in the side
and rear setback. An 18-inch-high platform is not sufficient to reach the first floor of the
new structure.
Proaosed Solution — Code Amendment
The proposed code amendment will allow for raised landings, decks, patios, platforms,
stairs, railings, handrails and terraces to exceed the maximum height limits for accessory
structures within the front, side and rear yard setbacks for new residential construction
within the VE Zone.
The proposed code changes would allow direct access to the dwelling from the setback
without the need to reduce the floor area of the dwelling to accommodate the stairs
outside the setbacks. The required handrails or guardrails would also be allowed as part
of the amendment to accommodate access in the setback areas.
The amendment will provide parity between residential properties located in the VE Zone
and typical residential properties throughout the Coastal Zone.
Simulations
Visual impacts related to the proposed encroachments have been generated using 3D
models to compare hypothetical residential structures with and without the encroachment
areas. Figure 4 below and on the next page shows the difference between a potential
new residential structure that was built with encroachments, and one that was built based
on the existing code prior to any amendments. Both comply with FEMA's design criteria.
With Encroachments
oil
1' 1 . E - 0; Iwo,
k 1 t a.
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Ordinance No. 2023-10: Code Amendment Establishing the
"VE" Special Flood Hazard Area Overlay District (PA2018-075)
June 13, 2023
Page 6
II Without Encroachments I
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Figure 4 — Visual Simulations of New Development Without and With Encroachments
City Council Initiation
On March 26, 2019, the City Council adopted Resolution No. 2019-31, initiating an
amendment to Title 20 and Title 21 of the NBMC to modify the setback encroachment
regulations for residential properties in the VE Flood Hazard Area. Specifically, the
proposed amendment is intended to resolve conflicts in the NBMC related to height
allowances in setbacks that limit or eliminate access and usability of front, side and rear
setbacks.
Public Engagement
The proposed amendments were presented to the design community on December 2,
2021, and to affected and nearby property owners on January 19, 2022, via virtual
community meetings. The recommended allowance for site access encroachments into
the front and side setbacks were generally supported. However, several residents raised
concerns with respect to maintaining the privacy of adjacent properties, sight distance
and safety impacts for corner -lot properties, and visual impacts for properties located
behind VE properties. The proposed code amendments contained in the draft resolution
and ordinance incorporate language that is responsive to and addresses the comments
from the public to the greatest extent practicable.
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Ordinance No. 2023-10: Code Amendment Establishing the
"VE" Special Flood Hazard Area Overlay District (PA2018-075)
June 13, 2023
Page 7
Citv Council - Studv Session
A study session was held with the City Council on July 26, 2022, to discuss the proposed
amendments and provide exhibits showing the potential design of new residential
structures built in compliance with the VE Zone requirements. The exhibits showed the
anticipated conditions or designs with and without the proposed code amendment.
Affected owners in the VE Zone and owners within the vicinity of the VE Zone were
provided a courtesy notice of the public meeting and a City "Newsplash" was posted
online. At the conclusion of the study session, the City Council directed staff to complete
the code amendments allowing maximum utility of setback areas and to prepare the draft
language for review by the Planning Commission.
Planning Commission Public Hearing and Recommendation
On May 4, 2023, the Planning Commission considered the proposed amendments (staff
report — Attachment E) and adopted Resolution No. PC2022-022 (Attachment C) by a
unanimous vote, recommending approval of the Code Amendment to the City Council
and recommending the City Council to authorize submittal of the Local Coastal Program
Amendment to the California Coastal Commission. Meeting minutes are included as
Attachment D.
During the public comment portion of the hearing, one member of the public, Mr. Jim
Mosher, provided suggestions on the draft code language for clarity purposes. Staff has
considered the proposed suggestions and incorporated them as appropriate in the
attached resolution and ordinance. Additional written comments were submitted prior to
the hearing and are included as Attachment F. One commenter had questions, two
commenters expressed concerns related to visual impacts to adjacent homes and the
neighborhood, and one property owner in the VE Zone expressed support of the
amendments.
California Coastal Commission Submittal
If approved by the City Council the amendment will be submitted to the California Coastal
Commission (Commission) for their review and consideration. Staff anticipates the
amendment would be considered by the Commission within one year of submittal.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the introduction and adoption of this ordinance is
not subject to the California Environmental Quality Act (CEQA) under 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, because it has no potential for resulting in a physical
change to the environment, directly or indirectly.
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Ordinance No. 2023-10: Code Amendment Establishing the
"VE" Special Flood Hazard Area Overlay District (PA2018-075)
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Page 8
This action would also be considered exempt from CEQA pursuant to Section 15305
under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential
to have a significant effect on the environment.
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20 percent, which do not result in any changes in land use or
density. The proposed amendment seeks to provide flexibility for potential encroachments
into side, rear and front setback areas for properties located within the VE Zone. The
proposed changes to the NBMC could result in raised decks, landings, stairs and other
accessory features in the front, side and rear setbacks for the affected properties. All
changes are limited in scope and would only alter regulations for the height of accessory
structures, which would not result in any changes to land use intensity or density.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The affected location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt
from the requirements of CEQA in connection with the adoption of a Local Coastal
Program.
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available, and a Notice of Availability was distributed on
May 2, 2023, to all persons and agencies on the Notice of Availability mailing list.
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the properties in the VE Special Flood Hazard Area
(excluding intervening rights -of -way and waterways) and posted near the end of the
properties in the VE Special Flood Hazard Area at least 10 days before the scheduled
meeting, consistent with the provisions of the NBMC. Additionally, the item appeared on
the agenda for this meeting, which was posted at City Hall and on the City website.
ATTACHMENTS:
Attachment A
— Ordinance No. 2023-10 (Title 20 Amendments)
Attachment B
—Resolution No. 2023-37 (Title 21 Amendment)
Attachment C
— Planning Commission Resolution No. PC2023-022
Attachment D
— May 4, 2023 Planning Commission Meeting Minutes
Attachment E
— May 4, 2023 Planning Commission Staff Report
Attachment F
— Written Correspondence
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Attachment A
Ordinance No. 2023-10 (Title 20 Amendments)
21-9
ORDINANCE NO. 2023-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
20 (PLANNING AND ZONING) OF THE NEWPORT
BEACH MUNICIPAL CODE TO ESTABLISH THE
SPECIAL FLOOD HAZARD (VE) OVERLAY DISTRICT
(PA2018-075)
WHEREAS, Section 200 of the City of Newport Beach ("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, on March 21, 2019, new Federal Emergency Management Agency
("FEMA") Flood Insurance Rate Maps ("FIRM") went into effect for Newport Beach and
includes the new designation of a Special Flood Hazard Area ("VE Zone") affecting 166
beachfront properties in the West Newport area between 24t" Street and 48t" Street;
WHEREAS, new development within the VE Zone must meet. FEMA
construction design criteria including elevation of structures with pilings, posts, piers, or
columns to raise the main residential structure approximately three to five feet from
existing grade so that these structures are designed and engineered to allow water to
flow below the elevated floor system without damaging the foundation or creating
substantial debris;
WHEREAS, of the 166 affected properties, 27 properties are within the VE 13
Zone and require elevating structures approximately three feet above existing grade while
the remaining 139 properties are within the VE 15 Zone and require elevating structures
approximately five feet above existing grade;
WHEREAS, compliance with the VE Zone design criteria presents several
challenges for new residential development to also meet the requirements of Title 20
(Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") since compliance
with the VE Zone design criteria significantly limits means of access to the dwelling, as
well as the usability of outdoor areas;
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Ordinance No. 2023-
Page 2 of 5
WHEREAS, on March 26, 2019, the City Council adopted Resolution No. 2019-
31 initiating an amendment to Title 20 ("Zoning Code Amendment") and Title 21 ("Local
Coastal Program Amendment") of the NBMC to modify the setback encroachment
regulations for residential properties in the VE Zone;
WHEREAS, since adoption of the new FIRM, the City has received three variance
requests for new residential projects in the VE Zone seeking relief from the setback
standards in Titles 20 and 21 of the NBMC that directly conflict with the ability to comply
with FEMA's VE Zone design criteria;
WHEREAS, approval and implementation of the Zoning Code Amendment and
Local Coastal Program Amendment would facilitate compliance and is likely to result in
fewer variance requests in the VE Zone;
WHEREAS, the affected properties are categorized as RS-D (Single Unit
Residential Detached) and RT (Two Unit Residential) by the General Plan Land Use
Element and are located within the R-1 (Single -Unit Residential) and R-2 (Two -Unit
Residential) Zoning Districts;
WHEREAS, the affected properties are located within the Coastal Zone with a
Coastal Land Use Plan category of RSD-D (Single Unit Residential Detached — 20.0-
29.9 DU/AC) and RT-E (Two Unit Residential — 30.0 — 39.9 DU/AC) and Coastal Zoning
District designations of R-1 (Single -Unit Residential) and R-2 (Two -Unit Residential);
WHEREAS, a draft of this Local Coastal Program Amendment was presented to
the design community on December 2, 2021, and to affected and nearby property owners
on January 19, 2022, via virtual community meetings with comments incorporated into the
proposed amendments to the extent feasible;
WHEREAS, the Planning Commission held a duly noticed public hearing on
May 4, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California. A notice of time, place and purpose of the public hearing was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
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Ordinance No. 2023-
Page 3 of 5
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-022 by a unanimous vote (7 ayes, 0 nays)
recommending approval of the Zoning Code Amendment and Local Coastal Program
Amendment to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on June 13,
2023 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act and Chapter .20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve the Zoning Code
Amendment as set forth in "Exhibit A," based upon the Facts in Support of Zoning Code
Amendment set forth in Exhibit "B," both of which are attached hereto and incorporated
herein by reference.
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 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 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.
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Ordinance No. 2023-
Page 4 of 5
Section 4: The City Council finds this Zoning Code Amendment 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 California Code of Regulations, Title 14, Division 6, Chapter 3, ("CEQA
Guidelines") because it has no potential for resulting in physical change to the
environment, directly or indirectly.
The City Council also finds this Zoning Code Amendment is categorically exempt
from CEQA pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment. The Class 5 exemption allows minor alterations in land use
limitations in areas with an average slope of less than twenty percent, which do not result
in any changes in land use or density. The Zoning Code Amendment seeks to provide
flexibility for potential encroachments into side, rear, and front setback areas for properties
located within the VE Zone. The proposed changes to the NBMC could result in raised
decks, landings, stairs, and other accessory features in the front, side, and rear setbacks
for the affected properties. All changes are limited in scope and would only alter
regulations for the height of accessory structures, which would not result in any changes to
land use intensity or density.
The exceptions to this categorical exemption under Section 15300.2 are not
applicable. The affected location does not impact an environmental resource of hazardous
or critical concern, does not result in cumulative impacts, does not have a significant effect
on the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
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Ordinance No. 2023-
Page 5 of 5
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. This ordinance shall take effect upon certification of Zoning Code
Amendment No. PA2018-075 by California Coastal Commission. The City Clerk shall
cause the ordinance, or a summary thereof, to be published pursuant to City Charter
Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 13th day of June, 2023, and adopted on the 27th day of
June, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AAR6N . HARP, CIT ATTORNEY
Attachments: Exhibit A - Zoning Code Amendment (PA2018-075)
Exhibit B - Facts in Support of Zoning Code Amendment
(PA2018-075)
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EXHIBIT "A"
ZONING CODE AMENDMENT (PA2018-075)
Section 20.28.010 (Purposes of Overlay Zoning Districts) of the NBMC is amended
to add subsection (E) to read as follows:
E. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District
is intended to modify certain development standards for properties subject to special
flood hazards as identified by the Federal Emergency Management Agency (FEMA)
in the Flood Insurance Study (FIS) for Orange County, California and Incorporated
Area with accompanying FEMA Flood Insurance Rate Maps (FIRM).
The title of Chapter 20.28 Overlay Zoning Districts (MHP, PM, B, H) shall be
amended to read as follows:
Sections:
20.28.010
Purposes of Overlay Zoning Districts.
20.28.020
Mobile Home Park (MHP) Overlay Zoning District.
20.28.030
Parking Management (PM) Overlay District.
20.28.040
Bluff (B) Overlay District.
20.28.050
Reserved.
20.28.060
Height (H) Overlay District.
20.28.070
Special Flood Hazard Area (VE) Overlay District.
Section 20.28.070 (Special Flood Hazard Area (VE) Overlay District) of the NBMC
shall be added to read as follows:
Section 20.28.070 Special Flood Hazard Area (VE) Overlay District.
A. Applicability. This section applies to encroachments for residential properties
located in the coastal high hazard area as defined in Chapter 15.50 (Floodplain
Management) and identified as VE 13 or VE 15 on the adopted FEMA FIS and
FIRM pursuant to Section 15.50.070 (Basis for Establishing the Areas of Special
Flood Hazard). For purposes of this section, "encroachments" are limited to
decks, landings, patios, platforms, porches, steps, raised walkways, or terraces
required for access. With the exception of the encroachments authorized herein,
all development shall comply with the applicable residential development
standards (e.g., floor area limit, setbacks, parking) of the underlying zoning
district set forth in the NBMC. In situations where an inconsistency occurs
between the development standards of the underlying zoning district and the
standards in this section related to encroachments, the standards related to
encroachments in this section shall apply.
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The encroachments allowed by this section shall only apply to new
construction, substantial damage, or substantial improvements to the structure
pursuant to Section 15.50.200 (Coastal High Hazard Areas) for residential
properties where the structure is required to raise the foundation above the
design flood elevation.
B. Allowed Encroachments in Side and Rear Setbacks. An encroachment may be
located within a required side or rear setback area other than those abutting an
alley subject to the following restrictions:
1. The design of the encroachment shall comply with the building standards
set forth in Section 15.05.100 (Amendment to Section R301.2.4) and either
of the following:
a. Chapter 15.50 (Flood Plain Management); or
b. The Flood Resistant Design and Construction publication by the
American Society of Civil Engineers (ASCE 24).
2. Access to the side yard setback shall comply with Section
20.30.110(A)(1)(c) (Access to Side Setback Area).
3. For interior lots, the encroachment may be located in one (1) or more side
or rear setback and may extend to the property line abutting the side or
rear setback.
4. For corner lots, the encroachment may be located in the interior side or
rear setback. Encroachments in a side or rear setback facing a street may
only be permitted to the minimum extent necessary to provide access to
the dwelling. The encroachment shall comply with all other development
standards of the underlying zoning district including Section 20.30.130
(Traffic Safety Visibility Area).
5. Excluding required guardrails or handrails, the finished surface of the
encroachment shall not exceed six (6) inches above the finished floor of
the dwelling unit(s).
6. Guardrails and handrails in the side and rear setback shall be constructed
of either transparent material (except for supports) or opaque material (e.g.
decorative grillwork, wrought iron, latticework, or similar materials) so that
at least forty percent (40%) of the guardrail or handrail is open. Handrails
and guardrails shall not exceed the minimum height requirements set forth
in the California Building Code for safety purposes.
C. Allowed Encroachments in Front Setbacks. Encroachments may be located
within a required front setback area subject to the following restrictions:
21-16
1. The design of the encroachment shall comply with the building standards
set forth in Section 15.05.100 (Amendment to Section R301.2.4) and either
of the following:
a. Chapter 15.50 (Flood Plain Management); or
b. The Flood Resistant Design and Construction publication by the
American Society of Civil Engineers (ASCE 24).
2. For interior lots, excluding the required guardrails or handrails, the finished
surface of the encroachment shall not exceed six (6) inches above the
finished floor of the dwelling unit(s).
3. For corner lots, excluding the required guardrails or handrails, the finished
surface of the encroachment shall not exceed six (6) inches above the
finished floor of the dwelling unit(s) and may extend to the property line
abutting the front setback adjacent to the beach or permitted Ocean Front
Encroachment areas (Appendix C Ocean Front Encroachment Policy
Guidelines of Title 21). Encroachments in a front setback abutting the
Ocean Front Boardwalk may be permitted subject to compliance with all
other development standards of the underlying zoning district including
Section 20.30.130 (Traffic Safety Visibility Area).
a. Corner lots shall be developed in a manner that ensures visibility
across the corners of the intersecting streets, alleys, sidewalks,
private driveways, and the Ocean Front Boardwalk. Notwithstanding
the requirements of this subsection (C), no encroachment over thirty
(30) inches in height from existing grade shall be located within the
traffic visibility triangle (i.e. the triangular -shaped area on a corner lot
formed by measuring five (5) feet from the intersection of the front
and street side property lines adjacent to the Ocean Front
Boardwalk).
b. Improvements or structures that exceed the allowable height limit for
visibility in the traffic safety visibility area may be approved by the
City Traffic Engineer if he/she determines that the location and/or
height of the existing or proposed improvement or structure, or other
obstruction allows for the unobstructed view of oncoming traffic
including bicyclists, and pedestrians by a driver, bicyclist, or
pedestrian approaching an intersection.
4. Guardrails and handrails in the front setback shall be constructed of either
transparent material (except for supports) or opaque material (e.g.
decorative grillwork, wrought iron, latticework, or similar materials) so that
at least forty percent (40%) of the guardrail or handrail is open. Handrails
21-17
and guardrails shall not exceed the minimum height requirements set forth
in the California Building Code for safety purposes.
D. Third Floor Limitations. All residential structures shall comply with Section
20.48.180 (Residential Development Standards and Design Criteria). For
purposes of determining the number of floors within the principal structure, the
garage shall be considered the first level. In the case of a split-level design, the
Director shall determine which portions of the split-level structure shall constitute
a third floor for the purpose of implementing Section 20.48.180 (Residential
Development Standards and Design Criteria).
IV. Subsection (f) shall be added to Section 20.30.110(D)(1) (General Regulations) of
the NBMC to read as follows:
f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this
subsection shall apply to properties within the VE Overlay except as modified by
Section 20.28.070 (VE Overlay). See Section 20.28.070 (VE Overlay) for setback
regulations and additional authorized encroachments.
21-18
EXHIBIT "B"
FACTS IN SUPPORT OF CODE AMENDMENT (PA2018-075)
An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act.
Neither Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and
Zoning) of the NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning
Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of
the California Government Code set forth any required findings for either approval or
denial of such amendments.
Notwithstanding the foregoing, the Zoning Code Amendment is consistent with the City
Council's initiation and allows for orderly residential development while protecting
property rights, as identified below.
1. The Zoning Code Amendment is consistent with Coastal Land Use Plan Policy
2.7-1 and General Plan Land Use Element Policy LU 5.1.6, which require
development to maintain appropriate setbacks for residential development to
protect the character of established neighborhoods and to protect coastal access
and coastal resources. The proposed amendments would only apply to private
residential single -unit and two -unit properties and do not authorize any changes
to public property.
2. The Zoning Code Amendment does not authorize any new development that will
block coastal access, nor does it change the dimensions of setbacks. Instead, it
will provide flexibility in the application of height requirements for accessory
structures within front, side, and rear setbacks. No changes to density or to
maximum height limits of principal structures are proposed as part of this
amendment. All new residential development in the VE Zone will require approval
of a coastal development permit to evaluate compliance with the Coastal Act,
including potential impacts to views and access related to the proposed design
and location.
3. Typical residential properties along the beach and boardwalk can achieve
seamless indoor and outdoor living with front patios along the sand or boardwalk.
As of the effective date of the new FIRMs, properties in the VE Zone are no
longer able to achieve this design, as their finished floors are elevated well above
the beach or boardwalk. The existing residential development standards in the
NBMC limit accessory structures to 42 inches maximum within the front setback.
However, in the VE Zone, no patios or decks attached to the principal structure
can be located below the first -floor elevation. This significantly limits outdoor
living space for the affected properties. Furthermore, no direct access to the
ground is provided, as the required stairs and handrails or guardrails exceed
height limits in the front setback. The Zoning Code Amendment is therefore
necessary to provide parity between residential properties located in the VE Zone
and typical residential properties throughout Coastal Zone. The changes will
21-19
allow for raised landings, decks, patios, platforms, stairs, railings, and terraces to
exceed the maximum height limits for accessory structures within front, side, and
rear yard setbacks for new residential construction within the VE Zone.
4. New residential construction and substantial improvements in the VE Zone are
required to be elevated approximately three to five feet above existing grade and
stairs are necessary to access the dwelling from the ground. Currently, the
NBMC limits steps, landings, platforms, and similar features to 18 inches from
existing grade in the side and rear setback. An 18-inch-high platform is not
sufficient to reach the first floor of the new structure. The Zoning Code
Amendment and Local Coastal Program Amendment would allow new residential
construction to provide direct access to the dwelling from the side or rear setback
without the need to reduce the floor area of the dwelling to accommodate the
stairs. The required handrails or guardrails would also be allowed as part of the
amendment to accommodate access in the side and rear setback areas.
5. With exception of the changes to allowable setback encroachments, all future
development within the VE Zone would remain consistent with unchanged
applicable standards of the R-1 and R-2 Zoning Districts. These include
setbacks, height, floor area limitations, and parking standards.
21-20
Attachment 6
Resolution No. 2023-37 (Title 21 Amendments)
21-21
RESOLUTION NO. 2023- 37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING.
SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO THE CALIFORNIA COASTAL
COMMISSION TO AMEND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH
THE SPECIAL FLOOD HAZARD (VE) OVERLAY
DISTRICT (PA2018-075)
WHEREAS, Section 200 of the City of Newport Beach ("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, Section 30500 of the California Public Resources Code requires
each county and city to prepare a Local Coastal Program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach LCP Coastal
Land Use Plan, as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's LCP
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) ("Title 21 ") of the City of Newport Beach Municipal Code
("NBMC") whereby the City assumed coastal development permit -issuing authority on
January 30, 2017;
WHEREAS, on March 21, 2019, new Federal Emergency Management Agency
("FEMA") Flood Insurance Rate Maps ("FIRM") went into effect for Newport Beach and
includes the new designation of a Special Flood Hazard Area ("VE Zone") affecting 166
beachfront properties in the West Newport area between 24th Street and 48th Street;
WHEREAS, new development within the VE Zone must meet FEMA construction
design criteria including elevation of structures with pilings, posts, piers, or columns to
raise the main residential structure approximately three to five feet from existing grade so
that these structures are designed and engineered to allow water to flow below the
elevated floor system without damaging the foundation or creating substantial debris;
21-22
Resolution No. 2023-
Page 2 of 5
WHEREAS, of the 166 affected properties, 27 properties are within the VE 13 Zone
and require elevating structures approximately three feet above existing grade while the
remaining 139 properties are within the VE 15 Zone and require elevating structures
approximately five feet above existing grade;
WHEREAS, compliance with the VE Zone design criteria presents several
challenges for new residential development to also meet the requirements of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC")
since compliance with the VE Zone design criteria significantly limits means of access to the
dwelling, as well as the usability of outdoor areas;
WHEREAS, on March 26, 2019, the City Council adopted Resolution No. 2019-
31 initiating an amendment to Title 20 ("Zoning Code Amendment") and Title 21 ("Local
Coastal Program Amendment") of the NBMC to modify the setback encroachment
regulations for residential properties in the VE Zone;
WHEREAS, since adoption of the new FIRM, the City has received three variance
requests for new residential projects in the VE Zone seeking relief from the setback
standards in Titles 20 and 21 of the NBMC that directly conflict with the ability to comply with
FEMA's VE Zone design criteria;
WHEREAS, approval and implementation of the Zoning Code Amendment and
Local Coastal Program Amendment would facilitate compliance and is likely to result in
fewer variance requests in the VE Zone;
WHEREAS, the affected properties are categorized as RS-D (Single Unit
Residential Detached) and RT (Two Unit Residential) by the General Plan Land Use
Element and are located within the R-1 (Single -Unit Residential) and R-2 (Two -Unit
Residential) Zoning, Districts;
WHEREAS, the affected properties are located within the Coastal Zone with a
Coastal Land Use Plan category of RSD-D (Single Unit Residential Detached — 20.0-29.9
DU/AC) and RT-E (Two Unit Residential — 30.0 — 39.9 DU/AC) and Coastal Zoning District
designations of R-1 (Single -Unit Residential) and R-2 (Two -Unit Residential);
WHEREAS, a draft of this Zoning Code Amendment was presented to the design
community on December 2, 2021, and to affected and nearby property owners on January
19, 2022, via virtual community meetings with comments incorporated into the proposed
amendments to the extent feasible;
21-23
Resolution No. 2023-
Page 3 of 5
WHEREAS, the Planning Commission held a duly noticed public hearing on May
4, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-022 by a unanimous vote (7 ayes, 0 nays)
recommending approval of the Zoning Code Amendment and Local Coastal Program
Amendment to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 (Public Participation), drafts of the Local Coastal Program Amendment
were made available and a Notice of Availability was distributed at least six weeks prior
to the final action date; and
WHEREAS, the City Council held a duly noticed public hearing on June 13, 2023
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council authorizes staff to submit the Local Coastal
Program Amendment as set forth in Exhibit "A," based upon the Facts in Support of Local
Coastal Program Amendment set forth in Exhibit "B," both of which are attached hereto
and incorporated by reference, to the California Coastal Commission.
Section 2: This Local Coastal Program Amendment shall not become effective
until approval by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including this Local Coastal Program Amendment, will be
carried out in full conformity with the California Coastal Act.
21-24
Resolution No. 2023-
Page 4 of 5
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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.
Section 6: The City Council finds this Local Coastal Program Amendment 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 California Code of Regulations, Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"), because it has no potential for resulting in physical
change to the environment, directly or indirectly.
The City Council also finds this Local Coastal Program Amendment is exempt
categorically from CEQA pursuant to Section 15305 under Class 5 (Minor Alterations in
Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment. The Class 5 exemption allows minor alterations in land
use limitations in areas with an average slope of less than twenty percent, which do not
result in any changes in land use or density. The Local Coastal Program Amendment seeks
to provide flexibility for potential encroachments into side, rear, and front setback areas for
properties located within the VE Zone. The proposed changes to the NBMC could result in
raised decks, landings, stairs, and other accessory features in the front, side, and rear
setbacks for the affected properties. All changes are limited in scope and would only alter
regulations for the height of accessory structures, which would not result in any changes to
land use intensity or density.
The exceptions to this categorical exemption under Section 15300.2 are not applicable. The
affected location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
21-25
Resolution No. 2023-
Page 5 of 5
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of June, 2023.
Noah Blom
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
a on C. Harp
City Attorney
Attachment(s): Exhibit A — Local Coastal Program Amendment (PA2018-075)
Exhibit B — Facts in Support of Local Coastal Program Amendment
(PA2018-075)
21-26
EXHIBIT "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2018-075)
Section 21.28.010 (Purposes of Overlay Zoning Districts) of the NBMC is amended to
add subsection (F) to read as follows:
F. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is
intended to modify certain development standards for properties subject to special
flood hazards as identified by the Federal Emergency Management Agency (FEMA)
in the Flood Insurance Study (FIS) for Orange County, California and Incorporated
Area with accompanying FEMA Flood Insurance Rate Maps (FIRM).
The title of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
shall be amended to read as follows:
Section:
21.28.010
Purposes of Overlay Coastal Zoning Districts.
21.28.020
Mobile Home Park (MHP) Overlay Coastal Zoning District.
21.28.030
Parking Management (PM) Overlay District.
21.28.040
Bluff (B) Overlay District.
21.28.050
Canyon (C) Overlay District.
21.28.060
Height (H) Overlay District.
21.28.070
Special Flood Hazard Area (VE) Overlay District.
Section 21.28.070 (Special Flood Hazard Area (VE) Overlay District) of the NBMC
shall be added to read as follows:
Section 21.28.070 Special Flood Hazard Area (VE) Overlay District.
A. Applicability. This section applies to encroachments for residential properties
located in the coastal high hazard area as defined in Chapter 15.50 (Floodplain
Management) and identified as VE 13 or VE 15 on the adopted FEMA FIS and
FIRM pursuant to Section 15.50.070 (Basis for Establishing the Areas of Special
Flood Hazard). For purposes of this section, "encroachments" are limited to decks,
landings, patios, platforms, porches, steps, raised walkways, or terraces required
for access. With the exception of the encroachments authorized herein, all
development shall comply with the applicable residential development standards
(e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth
in the NBMC. In situations where an inconsistency occurs between the
development standards of the underlying zoning district and the standards in this
section related to encroachments, the standards related to encroachments in this
section shall apply.
The encroachments allowed by this section shall only apply to new construction,
substantial damage, or substantial improvements to the structure pursuant to
21-27
Section 15.50.200 (Coastal High Hazard Areas) for residential properties where
the structure is required to raise the foundation above the design flood elevation.
B. Allowed Encroachments in Side and Rear Setbacks. An encroachment may be
located within a required side or rear setback area other than those abutting an
alley subject to the following restrictions:
1. The design of the encroachment shall comply with the building standards set
forth in Section 15.05.100 (Amendment to Section R301.2.4) and either of the
following:
a. Chapter 15.50 (Flood Plain Management); or
b. The Flood Resistant Design and Construction publication by the American
Society of Civil Engineers (ASCE 24).
2. For interior lots, the encroachment may be located in one (1) or more side or
rear setback and may extend to the property line abutting the side or rear
setback.
3. For corner lots, the encroachment may be located in the interior side or rear
setback. Encroachments in a side or rear setback facing a street may only be
permitted to the minimum extent necessary to provide access to the dwelling.
The encroachment shall comply with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety Visibility
Area).
4. Excluding required guardrails or handrails, the finished surface of the
encroachment shall not exceed six (6) inches above the finished floor of the
dwelling unit(s).
5. Guardrails and handrails in the side and rear setback shall be constructed of
either transparent material (except for supports) or opaque material (e.g.
decorative grillwork, wrought iron, latticework, or similar materials) so that at
least forty percent (40%) of the guardrail or handrail is open. Handrails and
guardrails shall not exceed the minimum height requirements set forth in the
California Building Code for safety purposes.
C. Allowed Encroachments in Front Setbacks.
1. The design of the encroachment shall comply with the building standards set
forth in Section 15.05.100 (Amendment to Section R301.2.4) and either of the
following:
a. Chapter 15.50 (Flood Plain Management); or
21-28
b. The Flood Resistant Design and Construction publication by the
American Society of Civil Engineers (ASCE 24).
2. For interior lots, excluding the required guardrails or handrails, the finished
surface of the encroachment shall not exceed six (6) inches above the finished
floor of the dwelling unit(s).
3. For corner lots, excluding the required guardrails or handrails, the finished
surface of the encroachment shall not exceed six (6) inches above the finished
floor of the dwelling unit(s) and may extend to the property line abutting the
front setback adjacent to the beach or permitted Ocean Front Encroachment
areas (Appendix C Ocean Front Encroachment Policy Guidelines of Title 21).
Encroachments in a front setback abutting the Ocean Front Boardwalk may be
permitted subject to compliance with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety Visibility
Area).
a. Corner lots shall be developed in a manner that ensures visibility across
the corners of the intersecting streets, alleys, sidewalks, private
driveways, and the Ocean Front Boardwalk. Notwithstanding the
requirements of this subsection (C), no encroachment over thirty (30)
inches in height from existing grade shall be located within the traffic
visibility triangle (i.e. the triangular -shaped area on a corner lot formed
by measuring the five (5) feet from the intersection of the front and street
side property lines adjacent to the Ocean Front Boardwalk).
b. Improvements or structures that exceed the allowable height limit for
visibility in the traffic safety visibility area may be approved by the City
Traffic Engineer if he/she determines that the location and/or height of
the existing or proposed improvement or structure allows for the
unobstructed view of oncoming traffic including bicyclists, and
pedestrians by a driver, bicyclist, or pedestrian approaching an
intersection.
4. Guardrails and handrails in the front setback shall be constructed of either
transparent material (except for supports) or opaque material (e.g.
decorative grillwork, wrought iron, latticework, or similar materials) so that at
least forty percent (40%) of the guardrail or handrail is open. Handrails and
guardrails shall not exceed the minimum height requirements set forth in the
California Building Code for safety purposes.
IV. Subsection (f) shall be added to Section 21.30.110(D)(1) (General Regulations) of
the NBMC to read as follows:
21-29
f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection
shall apply to properties within the VE Overlay except as modified by Section
21.28.070 (VE Overlay). See Section 21.28.070 (VE Overlay) for setback regulations
and additional authorized encroachments.
21-30
EXHIBIT "B"
FACTS IN SUPPORT OF LOCAL COASTAL PROGRAM AMENDMENT (PA2018-075)
An amendment to Title 21 (Planning and Zoning) of the NBMC is a legislative act. There
are no required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Local Coastal Program Amendment is consistent with
the City Council's initiation and allows for orderly residential development while protecting
property rights, as identified below.
1. The Local Coastal Program Amendment is consistent with Coastal Land Use Plan
Policy 2.7-1 and General Plan Land Use Element Policy LU 5.1.6, which require
development to maintain appropriate setbacks for residential development to
protect the character of established neighborhoods and to protect coastal access
and coastal resources. The proposed amendments would only apply to private
residential single -unit and two -unit properties and do not authorize any changes to
public property.
2. The Local Coastal Program Amendment does not authorize any new development
that will block coastal access, nor does it change the dimensions of setbacks.
Instead, it will provide flexibility in the application of height requirements for
accessory structures within front, side, and rear setbacks. No changes to density
or to maximum height limits of principal structures are proposed as part of this
amendment. All new residential development in the VE Zone will require approval
of a coastal development permit to evaluate compliance with the Coastal Act,
including potential impacts to views and access related to the proposed design
and location.
3. Typical residential properties along the beach and boardwalk can achieve
seamless indoor and outdoor living with front patios along the sand or boardwalk.
As of the effective date of the new FIRMs, properties in the VE Zone are no longer
able to achieve this design, as their finished floors are elevated well above the
beach or boardwalk. The existing residential development standards in the NBMC
limit accessory structures to 42 inches maximum within the front setback.
However, in the VE Zone, no patios or decks attached to the principal structure
can be located below the first -floor elevation. This significantly limits outdoor living
space for the affected properties. Furthermore, no direct access to the ground is
provided, as the required stairs and handrails or guardrails exceed height limits in
the front setback. The Local Coastal Program Amendment is therefore necessary
to provide parity between residential properties located in the VE Zone and typical
residential properties throughout Coastal Zone. The changes will allow for raised
landings, decks, patios, platforms, stairs, railings, handrails and terraces to exceed
the maximum height limits for accessory structures within front, side, and rear yard
setbacks for new residential construction within the VE Zone.
21-31
4. New residential construction and substantial improvements in the VE Zone are
required to be elevated approximately three to five feet above existing grade and
stairs are necessary to access the dwelling from the ground. Currently, the NBMC
limits steps, landings, platforms, and similar features to 18 inches from existing
grade in the side and rear setback. An 18-inch-high platform is not sufficient to
reach the first floor of the new structure. The Zoning Code Amendment and Local
Coastal Program Amendment would allow new residential construction to provide
direct access to the dwelling from the side or rear setback without the need to
reduce the floor area of the dwelling to accommodate the stairs. The required
handrails or guardrails would also be allowed as part of the amendment to
accommodate access in the side and rear setback areas.
5. With exception of the changes to allowable setback encroachments, all future
development within the VE Zone would remain consistent with unchanged
applicable standards of the R-1 and R-2 Zoning Districts. These include setbacks,
height, floor area limitations, and parking standards.
21-32
Attachment C
Planning Commission Resolution No. PC2023-022
21-33
RESOLUTION NO. PC2023-022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING
CITY COUNCIL ADOPT AN AMENDMENT TO TITLE 20
(PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) TO ESTABLISH THE
SPECIAL FLOOD HAZARD (VE) OVERLAY DISTRICT AND
MODIFY DEVELOPMENT STANDARDS FOR NEW
RESIDENTIAL STRUCTURES LOCATED WITHIN THE
SPECIAL FLOOD HAZARD AREA (PA2018-075)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On March 21, 2019, new Federal Emergency Management Agency ("FEMA") Flood
Insurance Rate Maps ("FIRMs") went into effect for Newport Beach. The maps included
the new designation of a Special Flood Hazard Area ("VE Zone") affecting 166
beachfront properties in the West Newport area between 24t" Street and 48t" Street.
2. New development within the VE Zone is required to meet FEMA construction design
criteria. These criteria include elevating structures with pilings, posts, piers, or columns
to raise the main residential structure approximately three to five feet from existing
grade. In the event of a wave attack, these structures are designed and engineered to
allow water to flow below the elevated floor system without damaging the foundation or
creating substantial debris.
3. Of the 166 affected properties, 27 properties are within the VE 13 Zone and require
elevating structures approximately three feet above existing grade. The remaining 139
properties are within the VE 15 Zone and require elevating structures approximately five
feet from existing grade. Compliance with the new VE Zone design criteria presents
several challenges for new residential development to also meet the requirements of
Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code ("NBMC"). Specifically, compliance with
the VE Zone design criteria significantly limits means of access to the dwelling, as well
as the usability of outdoor areas.
4. On March 26, 2019, the City Council of the City of Newport Beach ("City") adopted
Resolution No. 2019-31 initiating an amendment to Title 20 ("Zoning Code
Amendment") and Title 21 ("Local Coastal Program Amendment") of the NBMC to
modify the setback encroachment regulations for residential properties in the VE
Flood Hazard Area. Specifically, the Zoning Code Amendment and Local Coastal
Program Amendment are intended to resolve conflicts in the NBMC related to height
allowances in setbacks that limit or eliminate access and usability of front, side, and
rear yard setbacks.
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Planning Commission Resolution No. PC2023-022
Paae 2 of 12
5. Resolution No. 2019-31 included the initiation of other changes to Titles 20 and 21 of
the NBMC, such as parking adjustments and changes in the methodology for
measuring height of a principal structure for affected properties. However, after
further analysis and consideration, these potential changes were deemed
unnecessary and are not included in the Zoning Code Amendment and Local Coastal
Program Amendment.
6. Since adoption of the new FIRMs, the City has received three variance requests for new
residential projects in the VE Zone. Each of the three requests is only for relief from the
setback standards in Titles 20 and 21 of the NBMC that directly conflict with the ability
to comply with FEMA's VE Zone design criteria. Approval and implementation of the
Zoning Code Amendment and Local Coastal Program Amendment would provide for
easier compliance and is likely to result in fewer variance requests in the VE Zone.
7. The affected properties are categorized as RS-D (Single Unit Residential Detached)
and RT (Two Unit Residential) by the General Plan Land Use Element and are located
within the R-1 (Single -Unit Residential) and R-2 (Two -Unit Residential) Zoning District.
The subject properties are also located within the Coastal Zone. They are categorized
as RSD-D (Single Unit Residential Detached — 20.0-29.9 DU/AC) and RT-E (Two Unit
Residential — 30.0 — 39.9 DU/AC) in the Coastal Land Use Plan and are located within
the R-1 (Single -Unit Residential) and R-2 (Two -Unit Residential) Coastal Zoning
Districts.
8. A draft of this Local Coastal Program Amendment was presented to the design
community on December 2, 2021, and to affected and nearby property owners on
January 19, 2022, via virtual community meetings. Staff has incorporated their
comments into the proposed amendments to the extent feasible.
9. Section 30500 of the California Public Resources Code requires each county and city
to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within
its jurisdiction.
10. In 2005, the City adopted the City of Newport Beach LCP Coastal Land Use Plan, as
amended from time to time.
11. The California Coastal Commission effectively certified the City's LCP
Implementation Plan on January 13, 2017, and the City added Title 21 to the NBMC
whereby the City assumed coastal development permit -issuing authority on January
30, 2017.
12. Pursuant to Section 13515 (Public Participation and Agency Coordination
Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8,
Subchapter 2, Article 5 (Public Participation) ("Section 13515"), a draft of the LCP
Amendment was made available and a Notice of Availability was distributed at least
six weeks prior to the anticipated final action date.
01-17-23 21-35
Planning Commission Resolution No. PC2023-022
Paae 3 of 12
13. A public hearing was held on May 4, 2023, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public hearing was given in accordance with the California Government Code
Section 54950 et seq. ("Ralph M. Brown Act"), Chapters 20.62 and 21.62 (Public
Hearings) of the NBMC, and Section 13515. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Zoning Code Amendment and Local Coastal Program Amendment are not
subject to the California Environmental Quality Act ("CEQA") under 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, because it has no potential for resulting in a physical
change to the environment, directly or indirectly.
2. The Zoning Code Amendment and Local Coastal Program Amendment would also be
considered exempt from CEQA pursuant to Section 15305 under Class 5 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
3. The Class 5 exemption allows minor alterations in land use limitations in areas with
an average slope of less than 20 percent (20%), which do not result in any changes
in land use or density. The Zoning Code Amendment and Local Coastal Program
Amendment seek to provide flexibility for potential encroachments into side, rear, and
front setback areas for properties located within the VE Zone. The proposed changes
to the NBMC could result in raised decks, landings, stairs, and other accessory
features in the front, side, and rear setbacks for the affected properties. All changes
are limited in scope and would only alter regulations for the height of accessory
structures, which would not result in any changes to land use intensity or density.
4. The exceptions to this categorical exemption under Section 15300.2 are not
applicable. The affected location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
Amendments to the NBMC are legislative acts. Neither the City nor State Planning
Law set forth any required findings for either approval or denial of such amendments.
2. The Zoning Code Amendment and Local Coastal Program Amendment are
consistent with the Coastal Land Use Plan, including Policy 2.7-1, which requires
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Planning Commission Resolution No. PC2023-022
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development to "maintain appropriate setbacks and density, floor area, and height
limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources". The proposed
amendments would only apply to private residential single -unit and two -unit
properties and does not authorize any changes to public property. The Zoning Code
Amendment and Local Coastal Program Amendment do not authorize any new
development that will block coastal access, nor do they change the dimensions of
setbacks. Instead, it will provide flexibility in the application of height requirements for
accessory structures within front, side, and rear setbacks. No changes to density or
to maximum height limits of principal structures are proposed as part of this
amendment. All new residential development in the VE Zone will require approval of
a coastal development permit to evaluate compliance with the Coastal Act, including
potential impacts to views and access related to the proposed design and location.
3. The Zoning Code Amendment and Local Coastal Program Amendment are
necessary to provide parity between residential properties located in the VE Zone
and typical residential properties throughout Coastal Zone. The changes will allow for
raised landings, decks, patios, platforms, stairs, railings, handrails, and similar
features to exceed the maximum height limits for accessory structures within front,
side, and rear yard setbacks for new residential construction within the VE Zone.
Typical residential properties along the beach and boardwalk can achieve seamless
indoor and outdoor living with front patios along the sand or boardwalk. As of the
effective date of the new FIRMs, properties in the VE Zone are no longer able to
achieve this design, as their finished floors are elevated well above the beach or
boardwalk. The existing residential development standards in the NBMC limit
accessory structures to 42 inches maximum within the front setback. However, in the
VE Zone, no patios or decks attached to the principal structure can be located below
the first -floor elevation. This significantly limits outdoor living space for the affected
properties. Furthermore, no direct access to the ground is provided, as the required
stairs and handrails or guardrails exceed height limits in the front setback.
4. New residential construction and substantial improvements in the VE Zone are
required to be elevated approximately 3 to 5 feet above existing grade and stairs are
necessary to access the dwelling from the ground. Currently, the NBMC limits steps,
landings, platforms, and similar features to 18 inches from existing grade in the side
and rear setback. An 18-inch-high platform is not sufficient to reach the first floor of
the new structure. The Zoning Code Amendment and Local Coastal Program
Amendment would allow new residential construction to provide direct access to the
dwelling from the side or rear setback without the need to reduce the floor area of the
dwelling to accommodate the stairs. The required handrails or guardrails would also
be allowed as part of the amendment to accommodate access in the side and rear
setback areas.
5. With exception of the allowable setback encroachments, all future development within
the VE Zone would remain consistent with unchanged applicable standards of the R-
1 and R-2 Coastal Zoning Districts. These include setbacks, height, floor area
limitations, and parking standards.
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Planning Commission Resolution No. PC2023-022
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6. The recitals provided in this Resolution are true and correct and are incorporated into
the operative part of this Resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby finds this action is not
subject to the California Environmental Quality Act (CEQA) under 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, because it has no potential for resulting in a physical
change to the environment, directly or indirectly.
2. The Planning Commission also finds that this Zoning Code Amendment and Local
Coastal Program Amendment are categorically exempt from the California
Environmental Quality Act under Section 15305 under Class 5 (Minor Alterations in
Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3 because it has no potential to have a significant effect on the
environment. The exceptions to this categorical exemption under Section 15300.2 are
not applicable. The affected location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
3. The Planning Commission hereby recommends City Council approve an amendment
to Title 20 (Planning and Zoning) of the NBMC attached hereto as "Exhibit A" and
incorporated herein by reference.
4. The Planning Commission further recommends that the City Council authorize the
submittal of an amendment to Title 21 (Local Coastal Program Implementation Plan)
of the NBMC, attached hereto as Exhibit "B" and incorporated herein by reference, to
the California Coastal Commission for its review and certification.
PASSED, APPROVED, AND ADOPTED THIS 4th DAY OF MAY, 2023.
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None
ABSTAIN: None
ABSENT: None
01-17-23 21-38
Planning Commission Resolution No. PC2023-022
Page 6 of 12
BY:
Curtis Ellmore, Chair
BY:
Sarah Klaustermeier, Secretary
Attachment(s): Exhibit A — Zoning Code Amendment No. PA2018-075
Exhibit B — Local Coastal Program Amendment No. PA2018-075
a 1-n-23 21-39
Planning Commission Resolution No. PC2023-022
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W4:1141 iv_t%
ZONING CODE AMENDMENT NO. PA2018-075
I. Section 20.28.010 (Purposes of Overlay Zoning Districts) of the NBMC shall be
amended to read as follows:
E. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is
intended to modify certain development standards for properties subject to special flood
hazards as identified by the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) for Orange County, California and Incorporated Area with
accompanying FEMA Flood Insurance Rate Maps (FIRM).
II. Section 20.28.070 (SPECIAL FLOOD HAZARD AREA (VE) OVERLAY DISTRICT) of
the NBMC shall be added to read as follows:
Section 20.28.070 Special Flood Hazard Area (VE) Overlay District.
A. Applicability. This section applies to encroachments for residential properties
located in the coastal high hazard area as defined in Chapter 15.50 (Floodplain
Management) and identified as VE 13 or VE 15 on the adopted FEMA FIS and
FIRMs pursuant to NBMC Section 15.50.070 (Basis for Establishing the Areas of
Special Flood Hazard). For purposes of this section, "encroachments" includes,
and is limited to, decks, landings, patios, platforms, porches, steps, raised
walkways, terraces, or similar structures for access. With the exception of the
encroachments authorized herein, all development shall comply with the applicable
residential development standards (e.g., floor area limit, setbacks, parking) of the
underlying zoning district set forth in the NBMC, except as modified by this section.
In situations where an inconsistency occurs between the development standards
related to encroachments of the underlying zoning district and the standards in this
section, the standards in this section shall apply.
The encroachments allowed by this section shall only apply to new construction,
substantial damage, or substantial improvements pursuant to Section 15.50.200
(Coastal High Hazard Areas) for residential properties where the structure is
required to raise the foundation above the design flood elevation.
B. Allowed Encroachments in Side and Rear Setbacks. An encroachment may be
located within a required side or rear setback area other than those abutting an
alley subject to the following restrictions:
The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
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Planning Commission Resolution No. PC2023-022
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2. The design shall comply with Section 20.30.110(A)(1)(c) (Access to Side
Setback Area).
3. For interior lots, the encroachment may be located in one or more side or rear
setbacks. There shall be no limit in the length, width, or depth of the
encroachment in an interior side or rear setback.
4. For corner lots, the encroachment may be located in the interior side or rear
setback. There shall be no limit in length, width, or depth of the walkway, deck,
platform, or similar structure within the interior side or interior rear setback.
Encroachments in a side setback facing a street may only be permitted to the
minimum extent necessary to provide access to the dwelling. The
encroachment shall comply with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety Visibility
Area).
5. Excluding required guardrails or handrails, the finish surface of the
encroachment shall not exceed 6 inches above the finish floor of the principal
structure.
6. Guardrails and handrails in the side and rear setback areas shall consist of
open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials
so that at least 40 percent (40%) of the fence or wall is open. Handrails and
guardrails shall not exceed the minimum height required by the CBC for safety
purposes.
C. Allowed Encroachments in Front Setbacks. Encroachments may be located within
a required front setback area subject to the following restrictions:
1. The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
2. For interior lots, excluding the required guardrails or handrails, the finish
surface of the encroachment shall not exceed 6 inches above the finish floor of
the principal structure. There shall be no limit in the length, width, or depth of
the encroachment in a front setback of an interior lot.
3. For corner lots, excluding the required guardrails or handrails, the finish surface
of the encroachment shall not exceed 6 inches above the finish floor of the
structure. There shall be no limit in the length, width, or depth of the
encroachment in a front setback adjacent to the beach or permitted Ocean
Front Encroachment areas (Appendix C Ocean Front Encroachment Policy
Guidelines of Title 21). Encroachments in a front setback abutting the Ocean
01-17-23 21-41
Planning Commission Resolution No. PC2023-022
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Front Boardwalk may be permitted subject to compliance with all other
development standards of the underlying zoning district including Section
20.30.130 (Traffic Safety Visibility Area).
a. Corner lots shall be developed in a manner that ensures visibility across
the corners of the intersecting streets, alleys, sidewalks, private
driveways, and the Ocean Front Boardwalk. Notwithstanding the
requirements of this subsection (C), no encroachment over thirty (30)
inches in height from existing grade shall be located within the traffic
visibility triangle (i.e. the triangular -shaped area on a corner lot formed
by measuring the 5 feet from the intersection of the front and street side
property lines adjacent to the Ocean Front Boardwalk).
b. City Traffic Engineer Approval. Improvements, structures, or vegetation
that exceed the allowed height limit for visibility in the traffic safety
visibility area may be approved by the City Traffic Engineer if it is
determined that the location and/or height of the existing or proposed
hedge, shrubbery, structure, or other obstruction allows for the
unobstructed view of oncoming traffic, bicyclists, and pedestrians from a
driver, bicyclists, or pedestrians approaching an intersection.
D. Guardrails and handrails in the side and rear setback shall consist of open
grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials so that
at least 40 percent (40%) of the fence or wall is open. Handrails and guardrails
shall not exceed the minimum height required by the CBC for safety purposes.
E. Third Floor Limitations. All residential structures shall comply with Section
20.48.180 (Residential Development Standards and Design Criteria). For
purposes of determining the number of floors within the principal structure, the
garage shall be considered the first -floor level. In the case of a split-level design,
the Director shall determine which portions of the split-level structure shall
constitute a third floor for the purpose of implementing Section 20.48.180
(Residential Development Standards and Design Criteria).
III. Subsection (f) shall be added to Section 20.30.110(D)(1) (General Regulations) of
the NBMC to read as follows:
f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection
shall apply to properties within the VE Overlay except as modified by Section 20.28.070
(VE Overlay). See Section 20.28.070 (VE Overlay) for setback regulations and additional
authorized encroachments.
01-17-23 21-42
Planning Commission Resolution No. PC2023-022
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Exhibit "B"
LOCAL COASTAL PROGRAM AMENDMENT NO. PA2018-075
I. Section 21.28.010 (Purposes of Overlay Zoning Districts) of the NBMC shall be
amended to read as follows:
F. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is
intended to modify certain development standards for properties subject to special flood
hazards as identified by the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) for Orange County, California and Incorporated Area with
accompanying FEMA Flood Insurance Rate Maps (FIRM).
II. Section 21.28.070 (SPECIAL FLOOD HAZARD AREA (VE) OVERLAY DISTRICT) of
the NBMC shall be added to read as follows:
Section 21.28.070 Special Flood Hazard Area (VE) Overlay District
A. Applicability. This section applies to encroachments for residential properties located
in the coastal high hazard area as defined in Chapter 15.50 (Floodplain Management)
and identified as VE 13 or VE 15 on the adopted FEMA FIS and FIRMs pursuant to
NBMC Section 15.50.070 (Basis for Establishing the Areas of Special Flood Hazard).
For purposes of this section, "encroachments" includes, and is limited to, decks,
landings, patios, platforms, porches, steps, raised walkways, terraces, or similar
structures for access. With the exception of the encroachments authorized herein, all
development shall comply with the applicable residential development standards
(e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth in
the NBMC, except as modified by this section. In situations where an inconsistency
occurs between the development standards related to encroachments of the
underlying zoning district and the standards in this section, the standards in this
section shall apply.
The encroachments allowed by this section shall only apply to new construction,
substantial damage, or substantial improvements pursuant to Section 15.50.200
(Coastal High Hazard Areas) for residential properties where the structure is required
to raise the foundation above the design flood elevation.
B. Allowed Encroachments in Side and Rear Setbacks.
The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
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Planning Commission Resolution No. PC2023-022
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2. Design shall comply with NBMC Section 21.30.110 (A)(1)(c) (Access to Side
Setback Area).
3. For interior lots, the encroachment may be located in one or more side or rear
setbacks. There shall be no limit in the length, width, or depth of the
encroachment in an interior side or rear setback.
4. For corner lots, the encroachment may be located in the interior side or rear
setback. There shall be no limit in length, width, or depth of the walkway, deck,
platform, or similar structure within the interior side or interior rear setback.
Encroachments in a side setback facing a street may only be permitted to the
minimum extent necessary to provide access to the dwelling. The
encroachment shall comply with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety Visibility
Area).
5. Excluding required guardrails or handrails, the finish surface of the
encroachment shall not exceed 6 inches above the finish floor of the principal
structure.
6. Guardrails and handrails in the side and rear setback areas shall consist of
open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials
so that at least 40 percent (40%) of the fence or wall is open. Handrails and
guardrails shall not exceed the minimum height required by the CBC for safety
purposes.
C. Allowed Encroachments in Front Setbacks.
1. The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
2. For interior lots, excluding the required guardrails or handrails, the finish
surface of the encroachment shall not exceed 6 inches above the finish floor of
the principal structure. There shall be no limit in the length, width, or depth of
the encroachment in a front setback of an interior lot.
3. For corner lots, excluding the required guardrails or handrails, the finish surface
of the encroachment shall not exceed 6 inches above the finish floor of the
structure. There shall be no limit in the length, width, or depth of the
encroachment in a front setback adjacent to the beach or permitted Ocean
Front Encroachment areas (Appendix C Ocean Front Encroachment Policy
Guidelines of Title 21). Encroachments in a front setback abutting the Ocean
Front Boardwalk may be permitted subject to compliance with all other
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Planning Commission Resolution No. PC2023-022
Paae 12 of 12
development standards of the underlying zoning district including Section
20.30.130 (Traffic Safety Visibility Area).
a. Corner lots shall be developed in a manner that ensures visibility across
the corners of the intersecting streets, alleys, sidewalks, private
driveways, and the Ocean Front Boardwalk. Notwithstanding the
requirements of this subsection (C), no encroachment over 30 inches in
height from existing grade shall be located within the traffic visibility
triangle (i.e. the triangular -shaped area on a corner lot formed by
measuring the 5 feet from the intersection of the front and street side
property lines adjacent to the Ocean Front Boardwalk).
b. City Traffic Engineer Approval. Improvements, structures, or vegetation
that exceed the allowed height limit for visibility in the traffic safety
visibility area may be approved by the City Traffic Engineer if it is
determined that the location and/or height of the existing or proposed
hedge, shrubbery, structure, or other obstruction allows for the
unobstructed view of oncoming traffic, bicyclists, and pedestrians from a
driver, bicyclists, or pedestrians approaching an intersection.
D. Guardrails and handrails in the side and rear setback shall consist of open grillwork,
wrought iron, latticework, pickets, plexiglass, or similar materials so that at least 40
percent (40%) of the fence or wall is open. Handrails and guardrails shall not exceed
the minimum height required by the CBC for safety purposes.
III. Subsection (f) shall be added to Section 21.30.110(D)(1) (General Regulations) of
the NBMC to read as follows:
f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection shall
apply to properties within the VE Overlay except as modified by Section 21.28.070 (VE
Overlay). See Section 21.28.070 (VE Overlay) for setback regulations and additional
authorized encroachments.
01-17-23 21-45
Attachment D
May 4, 2023 Planning Commission Meeting Minutes
21-46
IV.
V.
VI
VII.
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MAY 4, 2023
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER — 6: 30 P.M.
PLEDGE OF ALLEGIANCE — Commissioner Harris
ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Sarah Klaustermeier, Commissioner
Brady Barto, Commissioner Tristan Harris, Commissioner Jonathan Langford, and
Commissioner Lee Lowrey
ABSENT: None
Staff Present: Community Development Director Simone Jurjis, Deputy Community Development Director
Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad
Sommers, Senior Planner Liz Westmoreland, and Administrative Assistant Clarivel Rodriguez
PUBLIC COMMENTS
None
REQUEST FOR CONTINUANCES
Deputy Community Development Director Campbell announced that staff is requesting a continuance for Item
No. 4 until May 18, 2023.
CONSENT ITEMS
ITEM NO. 1 MINUTES OF APRIL 20, 2023
Recommended Action: Approve and file
Motion made by Commissioner Harris and seconded by Vice Chair Rosene to approve the minutes of the April
20, 2023, meeting with Mr. Mosher's edits.
AYES:
Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES:
None
ABSTAIN:
Ellmore
ABSENT:
None
PUBLIC HEARING ITEMS
ITEM NO. 2 PARK NEWPORT LANDSLIDE AND ROCKFALL MITIGATION PROJECT (PA2023-0034)
Site Location: The bluff and residential areas near 5000 Park Newport Drive and Back
Bay Drive at the bottom of the slope
Summary:
A request for a coastal development permit to allow the installation of anchored mesh, temporary tarps,
and k-rails to help mitigate the potential for rockfall from the sloped area adjacent to the Park Newport
community onto Back Bay Drive. The project also includes the installation of soldier piles within the Park
Newport site near two existing residential buildings to further mitigate against landslide risk. As the k-rails
are located in the public right-of-way, the applicant is requesting a waiver of Council Policy L-6 and an
encroachment permit to retain the existing non -compliant improvements, consisting of three sections of
21-47
Planning Commission Meeting
May 4, 2023
temporary k-rail that encroach up to 12 feet, 8 inches into the 40-foot-wide public right-of-way at the
property.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), Section 15301
under Class 1 (Existing Facilities), and Section 15303 under Class 3 (New Construction or
Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment;
3. Waive City Council Policy L-6, Encroachments in the Public Rights -of -Way, to retain existing non-
compliant private improvements within the Back Bay Drive public right-of-way consisting of three
sections of temporary k-rail that encroach in excess of 1-foot into the 40-foot wide Back Bay Drive
public right-of-way or taller than 36-inches in height; and
4. Adopt Resolution No. PC2023-021 approving the Coastal Development Permit filed as PA2023-
0034.
Senior Planner Westmoreland used a presentation to review the proposed project location, images of the bluff
from 2019 and 2020, background, Coastal Development Permit (CDP) history, project description, anchored mesh
images, K-rail barriers locations, seasonal tarping images, locations of soldier piles (micropiles), response to prior
comments, photo of existing improvement areas, key findings and discussion, and recommended action.
The Commissioners reported receiving no ex parte communications.
Chair Ellmore opened the public hearing.
Shawna Schaffner, applicant representative, used a presentation to review the property location, project site
history, bluff stability, project goals, Planning Commission approval on April 21, 2022, Coastal Commission appeal,
process following the appeal, June 2020 landslide and images, proposed project and improvements, steel mesh
and straw wattle timeline and images, k-rail placement and image, residential structure protection and image,
seasonal tarping details and images, conclusion summary, and requested action.
The applicant agreed to the recommended conditions of approval.
In response to Secretary Klaustermeier's question, Ms. Schaffner indicated that the tarping is meant to reduce the
erosion and micropile walls increase safety factors for residential structures but do not shore up the bluff, noted
the successful results from tarping, and expressed no awareness of any area becoming red tagged on the site.
Jim Mosher questioned the management of tarping to not further damage vegetating areas trying to recover and
the viability of hydroseeding.
Chair Ellmore closed the public hearing.
Motion made by Vice Chair Rosene and seconded by Commissioner Barto to approve the item as
recommended by staff.
AYES:
Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES:
None
ABSTAIN:
None
ABSENT:
None
ITEM NO. 3 SPECIAL FLOOD HAZARD (VE) OVERLAY CODE AMENDMENTS (PA2018-075)
Page 2 of 6
21-48
Planning Commission Meeting
May 4, 2023
Site Locations: West Ocean Front properties, generally located between 24t" Street and
48t" Street
Summary:
The City is proposing amendments to the Newport Beach Municipal Code (NBMC) Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) to establish a new Special
Flood Hazard (VE) Overlay District for properties along West Ocean Front, generally located between
24th Street and 48th Street, and designated by the Federal Emergency Management Agency (FEMA)
as being in the VE Special Flood Hazard Area (VE Zone). The proposed overlay would modify
development standards for new residential projects allowing raised walkways, decks, and stairs with
necessary guardrails to encroach into the front, side, and rear setback areas to provide reasonable
use and site access. The raised decks and walkways would be elevated similarly to the required
elevated finished floor of the new home.
Recommended Action:
1. Conduct a public hearing;
Find this project exempt from the California Environmental Quality Act (CEQA) in accordance
with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(C)(2), 15060(c)(3),
and 15378. The action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3)
because it has no potential to have a significant effect on the environment. The Amendments
themselves do not authorize development that would directly result in physical change to the
environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are
exempt from the requirements of CEQA in connection with the adoption of a Local Coastal
Program, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2023-022 recommending the City Council approve PA2018-075,
including the Zoning Code Amendment and the Local Coastal Program Amendment, and
authorize staff to submit the amendment to the California Coastal Commission.
Senior Planner Westmoreland used a presentation to provide an overview of the proposed code amendments,
FEMA flood maps, VE Zone location, affected west oceanfront properties, unique requirements for the VE
Zone, new construction compliant design standards, an example of a home built to the new standards, new
construction and site access challenges, reasons for amending the code, proposed amendments, full
encroachment locations site plan exhibit and 3-D view, elevation drawing from the side of the property and
section view, community outreach, comparison with a beach front home and beach location at the corner,
street or alley perspective with and without a gate, summary, and recommended action and next steps.
In response to Commissioner Harris' question, Senior Planner Westmoreland clarified that the side yard with
the railings on the top of the stairs is required to be 40 percent open as per the NBMC.
In response to Commission Langford's question, Senior Planner Westmoreland noted that Dana Point adopted
a flood hazard zone overlay and stated that they share the same challenges.
In response to Vice Chair Rosene's concern for meeting clearance requirements around the catwalk, Senior
Planner Westmoreland explained the property line separation requirements and an alternative for shrinking
the building envelope.
In response to Commissioner Barto's questions, Senior Planner Westmoreland indicated that building
engineers evaluate walls or fences on a case by case basis to determine if they are acceptable, that certain
building materials are required within the designated three-foot area to satisfy fire and building standards, and
that breakaway walls are used to provide a level of security.
Page 3 of 6
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Planning Commission Meeting
May 4, 2023
In response to Commissioner Harris' question, Senior Planner Westmoreland related staff's primary concern
for the visible side yards that face the street, a code provision that limits the catwalks to the minimum extent
necessary to access the dwelling, and an evaluation of the full encroachment as per Council direction.
In response to Secretary Klaustermeier's question, Senior Planner Westmoreland relayed the building code
provision for home renovations and thresholds that trigger bringing the project up to code.
In response to Vice Chair Rosene's question, Senior Planner Westmoreland noted that the setback
requirements are only different for corner properties to provide for visibility.
The Commissioners reported receiving no ex parte communications.
Chair Ellmore opened the public hearing.
Jim Mosher suggested replacing "finish" with "finished" on handwritten page 28 in provision number five for
consistency, deleting item number six in provision six to eliminate repetitive text and changing the text "Guard
rails and handrails have to be at least 40% open" to "...40% is open or constructed of transparent material,"
and omitting "the" in "by measuring the five feet" found in a paragraph of subsection A on the same page.
Senior Planner Westmoreland thanked Mr. Mosher for his comments and relayed that staff would take them
into consideration.
Chair Ellmore closed the public hearing.
Commissioner Harris expressed concern for the amendments and suspected growing pains and appreciated
the hard work by staff.
Motion made by Commissioner Harris and seconded by Secretary Klaustermeier to approve the item as
recommended by staff.
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None
ABSTAIN: None
ABSENT: None
ITEM NO. 4 HOUSING ELEMENT IMPLEMENTATION - NOISE -RELATED AMENDMENTS
(PA2022-0201)
Site Locations: Various sites in the Newport Beach Airport Area bounded by Campus
Drive, Jamboree Road, and Route 73, including portions of the Newport
Beach Golf Course on Irvine Avenue, the YMCA on University Drive, and
several sites in the Santa Ana Heights area.
Summary:
Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community
Development Standards (PC-11), and the Newport Airport Village Planned Community
Development Plan (PC-60) to allow residential units identified by the certified 2021-2029 6th Cycle
Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL
noise contour areas specified by the 2008 John Wayne Airport Environs Land Use Plan, and as
illustrated in the attached Noise Contours and Housing Opportunity Sites Map.
Recommended Action:
1. Conduct a public hearing;
Page 4 of 6
21-50
VIII
Planning Commission Meeting
May 4, 2023
2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15262 feasibility and planning studies and 15061(b)(3) common sense
exemption because they would not result in physical environment impacts; and
3. Adopt Resolution No. PC2023-015 recommending approval of the Airport Area Noise
Amendment to the City Council (PA2022-0201).
Motion made by Commissioner Barto and seconded by Chair Ellmore to continue the item to May 18, 2023.
AYES:
Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES:
None
ABSTAIN:
None
ABSENT:
None
NEW BUSINESS
ITEM NO. 5 PLANNING COMMISSION MEETINGS CHANGE OF TIME
Site Location: Citywide
Summary:
Proposal to modify the Rules of Procedures of the Planning Commission to change the meeting start
time from 6:30 p.m. to 6:00 p.m.
Recommended Action:
1. Invite public comment;
2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly; and
3. Modify the Rules of Procedures for the Planning Commission to change its regular meeting start
time to 6:00 p.m.
Chair Ellmore opened the public hearing.
Jim Mosher expressed concern that an earlier meeting time might negatively impact community attendance,
recapped the history of Planning Commission meeting start times, and noted the option to start Planning
Commission meetings earlier when lengthy agendas are expected.
In response to Chair Ellmore's question, Deputy Community Development Director Campbell noted varied City
Council meeting start times of 4 p.m., 5 p.m., and 6 p.m.
Chair Ellmore closed the public hearing.
Motion made by Vice Chair Rosene and seconded by Secretary Klaustermeier to approve the item as
recommended by staff and effective immediately.
AYES:
Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES:
None
ABSTAIN:
None
ABSENT:
None
Page 5 of 6
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Planning Commission Meeting
May 4, 2023
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
►C.7T
ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA
Deputy Community Development Director Campbell announced that the fractional ownership and parking update
code amendments will go to the City Council next Tuesday (May 9, 2023), the next Planning Commission meeting
scheduled for May 18, 2023, will include two items and the noise -related element of the Housing Element
implementation will require the attendance of all Commissioners. He noted that the June 8 meeting will include
three items.
Jim Mosher indicated that his previously submitted written comments were not included with tonight's meeting
materials and suggested all written comments for Item No. 4 received for tonight's meeting be considered when
the item is addressed on May 18th.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
Secretary Klaustermeier requested an excused absence for the June 8, 2023, Planning Commission meeting
X. ADJOURNMENT — With no further business, Chair Ellmore adjourned the meeting at 7:26 p.m.
The agenda for the May 4, 2023, Planning Commission meeting was posted on Thursday, April 27,
2023, at 8:20 p.m. in the Chambers binder, on the digital display board located inside the vestibule of
the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, April 27, 2023,
at 8:06 p.m.
Curtis Ellmore, Chair
Sarah Klaustermeier, Secretary
Page 6 of 6
21-52
Attachment E
May 4, 2023 Planning Commission Staff Report
21-53
PQR �. CITY OF NEWPORT BEACH
n PLANNING COMMISSION STAFF REPORT
r�+ May 4, 2023
Agenda Item No. 3
SUBJECT: Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
■ Zoning Code Amendment
■ Local Coastal Program Implementation Plan Amendment
SITE LOCATION: West Ocean Front properties generally located between 24'" Street and
48 1h Street
APPLICANT: City of Newport Beach
OWNER: Various
PLANNER: Liz Westmoreland, Senior Planner
949-644-3234 or Westmoreland@newportbeachca.gov
PROJECT SUMMARY
The City is proposing amendments to Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC)
to establish a new Special Flood Hazard (VE) Overlay District. The VE Overlay District
would modify standards for new residential development for properties designated by
the Federal Emergency Management Agency (FEMA) as being in the VE Special Flood
Hazard Area (FEMA VE Zone). New development within the VE Zone is required to
meet FEMA construction design criteria, which includes elevating the finished floor of
new residential structures approximately 3 to 5 feet above existing grade to avoid flood
hazards from potential wave action.
The proposed standards of the VE Overlay District would allow raised walkways, decks,
and stairs with necessary guardrails to encroach into the front, side, and rear setback
areas to provide reasonable use and site access. The raised decks and walkways
would be elevated similarly to the required elevated finished floor of the new home.
RECOMMENDATION
1) Conduct a public hearing;
2) Find that this action is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA
Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The action is also exempt
pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential
to a have a significant effect on the environment. The Amendments themselves do
not authorize development that would directly result in physical change to the
1 21-54
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 2
environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the
adoption of a Local Coastal Program, because it has no potential to have a
significant effect on the environment; and
3) Adopt Resolution No. PC2023-022 recommending the City Council approve
PA2018-075, including the Zoning Code Amendment and the Local Coastal
Program Amendment, and authorize staff to submit the amendment to the
California Coastal Commission.
2 21-55
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 3
INTRODUCTION
Background
Flood Insurance Rate Maps (FIRMs)
On March 21, 2019, new FEMA Flood Insurance Rate Maps (FIRMs) went into effect in
the City. The new maps include the designation of a Special Flood Hazard Area (VE
Zone) affecting 166 beachfront properties in West Newport, between 241" Street and
48t" Street. Figure 1 below is an excerpt of the FIRM with the affected beachfront
properties identified by a red oval.
Figure 1 — FIRM for West Ocean Front and Affected Properties.
3 21-56
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 4
New development within the VE Zone is required to meet FEMA construction design
criteria. This includes using pilings, posts, piers, or columns to raise the main residential
structure and maintaining an open foundation free of obstructions for those areas
located below the base flood elevation (BFE) (see Figure 2).
Toward Flood Source
1 DB-Year Bottom of
Wave Crest Lowest Horizontal
Elevation (BFF) Structural Member
Freeboard
__L—
5ti1lwate r
Elevabon
Exceeding NFIP Elevation Requirements in Costal A Zones and V Zones
Figure 2 — VE Flood Zone Elevation Requirements
In the event of a wave attack, these structures are designed and engineered to allow water
to flow below the elevated floor system without damaging the foundation or creating
substantial debris. Of the 166 affected properties, 27 properties are in the "VE 13" area
and require structures to be elevated by approximately 3 feet above the existing grade.
The remaining 139 properties are in the "VE 15" area and require structures to be
elevated approximately 5 feet above the existing grade. Figure 3 below provides a map
of affected properties with the VE 13 and VE 15 designations. Figure 4 on the following
page provides a photograph of a new residential structure under construction with a
raised foundation and Figure 5 provides an exhibit with the raised foundation.
21-57
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 6
Figure 4 — Residence previously under construction at 3807 Seashore Drive
(The balance of this page is left intentionally blank.)
0 21-59
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 7
��lF�t � FLOOR[TYR.L _
1u 77 86'
O
a
�SEOOM1D FIDGR �1'� _ —_ N
V Z606'
EXISTING
1-STORY
BLUG.
Q�IRST FLOOR MOO.S
V 1756 —
DESIGN FLOOD ELEV.
ATM
Ci F EF E. --------
�G
1501J a -
1,
THIRD FLOOR DECK
TYP. 2-STORY
YE ZONE BLDG.
PL PL
3'-C' 3'-U.
5'f S B SY5 6
I I
Raised Floor
I I
TYP FLO-OR SiSTEM
I
I Piers/ Piles I
Figure 5 —Section of Raised Foundation
Compliance with the new VE Zone design criteria presents several challenges for new
residential development to also meet the requirements of Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC). Specifically, the VE Zone design criteria significantly limit
means of access to the dwelling, as well as the usability of outdoor areas. The proposed
amendments seek to remedy the challenges related to access and usability of outdoor
areas.
VE Flood Zone - Community Meeting
On March 14, 2019, City staff hosted a community meeting with the property owners in
the affected VE Flood Hazard Area, nearby residents in West Newport, and the design
community. The purpose of this meeting was to explain the new FIRMs and design
criteria, and to share development standards in Title 20 and Title 21 that may need to
be amended to accommodate FEMA compliant designs. Items discussed included
challenges of providing enclosed parking space requirements below the base flood
elevation and challenges providing access to and from the existing grade to the
7 21-60
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 8
elevated structures. Most comments received were related to concerns with insurance
coverage, increased construction cost, compatibility of building designs with the
neighborhood, and site access.
I" • etwa 04iti' i
On March 26, 2019, the City Council adopted Resolution No. 2019-31 initiating an
amendment to Title 20 and Title 21 of the NBMC to modify the setback encroachment
regulations for residential properties in the VE Flood Hazard Area (Attachment No. PC
2). Specifically, the proposed amendment is intended to resolve conflicts in the NBMC
related to height allowances in setbacks that limit or eliminate access and usability of
front, side, and rear setbacks.
Resolution No. 2019-31 included the initiation of other changes to Titles 20 and 21 of
the NBMC, such as potential parking adjustments and changes in the methodology for
measuring height of a principal structure for affected properties. However, after further
analysis and consideration, these potential changes were deemed unnecessary and are
not included. For example, the issue of enclosed parking below the BFE was resolved
using Building Code and FEMA-compliant alternative materials that break away during a
storm event. In other words, garages will continue to be required but will be constructed
differently.
Public Engagement
The proposed amendments were presented to the design community on December 2,
2021, and to affected and nearby property owners on January 19, 2022, via virtual
community meetings. The recommended allowance for site access encroachments into
the front and side setbacks were generally supported. However, several residents
raised concerns with respect to maintaining the privacy of adjacent properties, sight
distance and safety impacts for corner -lot properties, and visual impacts for properties
located behind VE properties.
The proposed code amendments contained in the draft resolution incorporate language
that is responsive to and addresses the comments from the public to the greatest extent
practicable. Each concern and how it has been addressed is detailed below under the
"Community Concerns" section of this report.
City Council - Study session
A study session was held with the City Council on July 26, 2022, to discuss the
proposed amendments and provide exhibits showing the potential design of new
residential structures built in compliance with the VE Zone requirements (Attachment
No. PC 3). The exhibits showed the anticipated conditions or designs with and without
the proposed code amendment. Affected owners in the VE Zone and owners within the
vicinity of the VE Zone were provided a courtesy notice of the public meeting and a City
g 21-61
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 9
"Newsplash" was posted online. At the conclusion of the study session, the City Council
directed staff to complete the code amendments allowing maximum utility of setback
areas and to prepare the draft language for review by the Planning Commission.
DISCUSSION
The amendments are necessary to provide parity between residential properties located
in the VE Zone and typical residential properties throughout Coastal Zone. With
exception of the allowable setback encroachments described below and in the attached
draft code, all future development within the VE Zone would remain consistent with
unchanged applicable standards of the R-1 and R-2 Coastal Zoning Districts. These
include setbacks, height, floor area limitations, and parking standards.
Front Setbacks
Issue
Typical residential properties along the beach and boardwalk can achieve seamless
indoor and outdoor living with front patios along the sand or boardwalk. As of the
effective date of the new FIRMs, properties in the VE Zone are no longer able to
achieve this design, as their finished floors are elevated well above the beach or
boardwalk. The existing residential development standards in the NBMC limit accessory
structures to 42 inches maximum within the front setback. However, in the VE Zone, no
patios or decks attached to the principal structure can be located below the elevated
first -floor. This significantly limits outdoor living space for the affected properties.
Furthermore, no direct access to the ground is provided, as the required stairs and
handrails or guardrails exceed allowable height limits in the front setback.
Solution
The proposed changes will allow for raised landings, decks, patios, platforms, stairs,
railings, handrails, and similar features to exceed the maximum height limits for
accessory structures within front yard setbacks for new residential construction within
the VE Zone. Plans are provided in Attachment No. PC 4. A simulation is provided
below that highlights the proposed front yard encroachments in red (Figure 6). Figure 7
is provided to show the existing standards for front yard setbacks versus the proposed
standards.
9 21-62
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 10
Figure 6 — Simulation of VE Compliant Design with Proposed Code Amendments
Allowed height with Amendments
I I
I — I
r
v
Maximum height without
Amendments
I
Figure 7 — Existing Versus Proposed Front Setback Height Allowances
10 21-63
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 11
Side and Rear Setbacks
Issue
As previously described, new residential construction and substantial improvements in
the VE Zone are required to be elevated approximately 3 to 5 feet above existing grade
and stairs are necessary to access the dwelling from the ground. Currently, the NBMC
limits steps, landings, platforms, and similar features to 18 inches from existing grade in
the side and rear setback. An 18-inch-high platform is not sufficient to reach the first
floor of the new structure.
Solution
The proposed changes would allow new residential construction to provide direct
access to the dwelling from the side or rear setback without the need to reduce the floor
area of the dwelling to accommodate the stairs. Plans are provided in Attachment No.
PC 4. The required handrails or guardrails would also be allowed as part of the
amendment to accommodate access in the side and rear setback areas. Figure 8 is a
side elevation of a raised walkway with a guardrail and stairs in the side yard setback,
Figure 9 is a rear elevation of proposed side encroachments, and Figure 10 shows a
section view of the same side yard encroachments.
PL
�,L,45SiOPEN STYLE
-GUARDRAIL
- I
I
TYP. EXISTING G' ELOCK WALL CONDITION
Figure 8 — Elevation of Side Yard with Proposed Amendments
11 21-64
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 12
ME
TYP. 2-STGRY
PL VE ZONE BLDG. PL
d
oZ)
pF O
G
� w I
TYP. GARAGE
(BREAKAWAY CONSTRUCTION)
________ _-
Figure 9 — Rear Elevation of Side Yard with Proposed Amendments
TYP. 2-5TORY
^ VE 20ME BLDG.
{ EC�fID R44f2 fLY11 L -
PL
13'-q„
SY59
I
EMIF"NG
1-STORY
BL4G- 3
j. CLR.
TYR FtppR SYSTEM
FLOUG
16 �'
E o
1
i r
Figure 10 — Section of Side Yard Encroachments with Proposed Amendments
12 21-65
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 13
Variances
Since adoption of the new FIRMs, the City has received three variance requests for new
residential projects in the VE Zone. Each of the three requests is only for relief from the
setback standards in Titles 20 and 21 of the NBMC that directly conflict with the ability
to comply with FEMA's VE Zone design criteria. Approval and implementation of the
proposed amendments would provide for easier compliance and is likely to result in
fewer variance requests in the VE Zone.
Communitv Concerns
Throughout the outreach process, the design community and the affected property
owners have been generally accepting of the proposed amendments, but some
concerns were raised regarding privacy, the flow of light to neighboring properties, as
well as possible visual impacts for properties behind the VE Zone (i.e., the second and
third rows of homes behind the beach). The City cannot waive FEMA's design criteria.
However, staff is seeking to address concerns related to the proposed code amendment
pertaining to setback encroachments.
Therefore, in response to the concerns, staff has included provisions in the draft code
language to ensure that any guardrails or handrails that are required for safety purposes
are designed to be open style construction so that they are at least 40-percent open
throughout. Therefore, the tallest features (i.e., guardrails and handrails) in the side or
front setbacks would be glass, plexiglass, lattice, wrought iron, or other similar material
that would allow light to pass through to the adjacent neighbors.
Visual impacts have been assessed using 3D models to compare hypothetical
residential structures with and without the encroachment areas. Figure 11 below shows
the difference between a potential new residential structure that was built with
encroachments, and one that was built based on the existing code prior to any
amendments'. The existing NBMC allows for fences and walls to reach 6 feet from
existing grade within side and rear setbacks, and the proposed amendments could
result in a guardrail that is approximately 3 or 4 feet higher than a potential wall or
fence. Therefore, a typical person standing along Seashore Drive (i.e., behind the VE
Zone properties) would not have a view through the side yards of the property under
existing conditions. The additional 3 or 4 feet of glass or other open style guardrail
would minimize the impact on public or private views from this vantage point.
Approximately half of the affected properties in the VE Zone are adjacent to the West
Ocean Front Boardwalk, while the other half of properties are adjacent to the beach
where the Local Coastal Program allows for private patios to encroach. The NBMC
currently allows for balconies to encroach up to 3 feet into the front yard setback for
properties along East and West Ocean Front. The proposed code amendments would
Both structures in the 3D model have been designed in compliance with FEMA's design criteria.
is 21-66
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 14
allow a deck or balcony to encroach all the way to the front property line, which results
in an encroachment of 2 additional feet2. The additional 2 feet would not be significant in
the context of the approximately 300-foot-wide beach that borders the affected
properties. Additionally, most of the existing properties that border the beach have
existing private patio encroachments along West Ocean Front, which would reduce of
soften the appearance of the structure's bulk and scale.
rJ�
Figure 11 — Renderings without and with Proposed Encroachments
2 Most if not all of the affected properties in the VE Zone have a 5-foot front setback.
14 21-67
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 15
For roughly half of the properties adjacent to the West Ocean Front Boardwalk, the
existing NBMC allows for fences and walls to reach 42 inches from existing grade along
the front property line. The proposed amendments would allow a balcony, deck, or stair
to front the boardwalk and the associated safety railings or handrails to reach
approximately 8 or 9 feet from existing grade. The required guardrails or handrails
would be required to remain 40 percent open to allow the flow of light and reduce the
appearance of bulk and scale from the boardwalk. The additional 2 feet of
encroachment in the front setback would not be significant.
Attendees also expressed concerns regarding visibility for pedestrians and cyclists
using the boardwalk. Therefore, staff has included standard language in the code
amendment that regulates visibility at the corners of two intersections. The language is
typically applied to properties where driveways or streets intersect, but the logic may be
applied to pedestrians and cyclists as well. The draft code language requires that corner
lots are developed in a manner that ensures visibility across the corners of the
intersecting streets, alleys, sidewalks, private driveways, and the Ocean Front
Boardwalk. With that in mind, no encroachments over 30 inches in height from existing
grade would be located within the traffic visibility triangle (i.e. the triangular -shaped area
on a corner lot formed by measuring the 5 feet from the intersection of the front and
street side property lines adjacent to the Ocean Front Boardwalk). Figure 12 shows an
example of a traffic visibility triangle. The draft code also notes that all encroachments
on corner lots must be reviewed by the Public Works Department for compliance and
that encroachments may not be feasible on all corner lots.
Boardwal� StreettSidewalk !►
Figure 12 — Visibility Triangle for Intersections of Street and Boardwalk
15 21-68
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 16
Summary and Alternatives
In summary, compliance with the new VE Zone design criteria presents several
challenges for new residential development and significantly limits means of access to
the dwelling as well as the usability of outdoor areas. The proposed amendments seek
to remedy the challenges related to access and usability of outdoor areas and provide
parity between residential properties in VE Zone and typical residential properties.
If the Planning Commission does not agree with staff's recommendation, the following
alternatives are available:
1. The Planning Commission may suggest specific changes that are necessary to
alleviate concerns. If any requested changes are substantial, the item should be
continued to a future meeting to allow a redesign or additional analysis. Should
the Planning Commission choose to do so, staff will return with a revised
resolution incorporating new language.
2. The Planning Commission may recommend denial of the suggested code
amendments. Should the amendments be denied, new residential structures in
the VE Zone will be required to comply with the existing code provisions
pertaining to setback encroachments. Denial of the proposed amendment would
effectively eliminate use of the front and side yard setback areas.
Environmental Review
This action is not subject to the California Environmental Quality Act ("CEQA") under
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, because it has no potential for resulting in a
physical change to the environment, directly or indirectly.
This action would also be considered exempt from CEQA pursuant to Section 15305
under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no
potential to have a significant effect on the environment.
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20 percent (20%), which do not result in any changes in land
use or density. The proposed amendment seeks to provide flexibility for potential
encroachments into side, rear, and front setback areas for properties located within the
VE Zone. The proposed changes to the NBMC could result in raised decks, landings,
stairs, and other accessory features in the front, side, and rear setbacks for the affected
properties. All changes are limited in scope and would only alter regulations for the
10 21-69
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission, May 4, 2023
Page 17
height of accessory structures, which would not result in any changes to land use
intensity or density.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The affected location does not impact an environmental resource of hazardous or
critical concern, does not result in cumulative impacts, does not have a significant effect
on the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the properties in the VE Special Flood Hazard Area
(excluding intervening rights -of -way and waterways) and posted near the end of the
properties in the VE Special Flood Hazard Area at least 10 days before the scheduled
meeting, consistent with the provisions of the NBMC. Additionally, the item appeared on
the agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
Liz Westmoreland, Senior Planner
BMZ\law
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Council Resolution No. 2019-31
PC 3 3D Renderings
PC 4 Plans
Submitted by:
jk�
Jim Campbell
Deputy Community Development Director
1-7 21-70
1 2 21-71
Attachment No. PC 1
Draft Resolution
?� 21-72
20 21-73
RESOLUTION NO. PC2023-022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING
CITY COUNCIL ADOPT AN AMENDMENT TO TITLE 20
(PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) TO ESTABLISH THE
SPECIAL FLOOD HAZARD (VE) OVERLAY DISTRICT AND
MODIFY DEVELOPMENT STANDARDS FOR NEW
RESIDENTIAL STRUCTURES LOCATED WITHIN THE
SPECIAL FLOOD HAZARD AREA (PA2018-075)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On March 21, 2019, new Federal Emergency Management Agency ("FEMA") Flood
Insurance Rate Maps ("FIRMs") went into effect for Newport Beach. The maps included
the new designation of a Special Flood Hazard Area ("VE Zone") affecting 166
beachfront properties in the West Newport area between 24' Street and 48t" Street.
2. New development within the VE Zone is required to meet FEMA construction design
criteria. These criteria include elevating structures with pilings, posts, piers, or columns
to raise the main residential structure approximately three to five feet from existing
grade. In the event of a wave attack, these structures are designed and engineered to
allow water to flow below the elevated floor system without damaging the foundation or
creating substantial debris.
3. Of the 166 affected properties, 27 properties are within the VE 13 Zone and require
elevating structures approximately three feet above existing grade. The remaining 139
properties are within the VE 15 Zone and require elevating structures approximately five
feet from existing grade. Compliance with the new VE Zone design criteria presents
several challenges for new residential development to also meet the requirements of
Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code ("NBMC"). Specifically, compliance with
the VE Zone design criteria significantly limits means of access to the dwelling, as well
as the usability of outdoor areas.
4. On March 26, 2019, the City Council of the City of Newport Beach ("City") adopted
Resolution No. 2019-31 initiating an amendment to Title 20 ("Zoning Code
Amendment") and Title 21 ("Local Coastal Program Amendment") of the NBMC to
modify the setback encroachment regulations for residential properties in the VE
Flood Hazard Area. Specifically, the Zoning Code Amendment and Local Coastal
Program Amendment are intended to resolve conflicts in the NBMC related to height
allowances in setbacks that limit or eliminate access and usability of front, side, and
rear yard setbacks.
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Planning Commission Resolution No. PC2023-022
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5. Resolution No. 2019-31 included the initiation of other changes to Titles 20 and 21 of
the NBMC, such as parking adjustments and changes in the methodology for
measuring height of a principal structure for affected properties. However, after
further analysis and consideration, these potential changes were deemed
unnecessary and are not included in the Zoning Code Amendment and Local Coastal
Program Amendment.
6. Since adoption of the new FIRMs, the City has received three variance requests for new
residential projects in the VE Zone. Each of the three requests is only for relief from the
setback standards in Titles 20 and 21 of the NBMC that directly conflict with the ability
to comply with FEMA's VE Zone design criteria. Approval and implementation of the
Zoning Code Amendment and Local Coastal Program Amendment would provide for
easier compliance and is likely to result in fewer variance requests in the VE Zone.
7. The affected properties are categorized as RS-D (Single Unit Residential Detached)
and RT (Two Unit Residential) by the General Plan Land Use Element and are located
within the R-1 (Single -Unit Residential) and R-2 (Two -Unit Residential) Zoning District.
The subject properties are also located within the Coastal Zone. They are categorized
as RSD-D (Single Unit Residential Detached — 20.0-29.9 DU/AC) and RT-E (Two Unit
Residential — 30.0 — 39.9 DU/AC) in the Coastal Land Use Plan and are located within
the R-1 (Single -Unit Residential) and R-2 (Two -Unit Residential) Coastal Zoning
Districts.
8. A draft of this Local Coastal Program Amendment was presented to the design
community on December 2, 2021, and to affected and nearby property owners on
January 19, 2022, via virtual community meetings. Staff has incorporated their
comments into the proposed amendments to the extent feasible.
9. Section 30500 of the California Public Resources Code requires each county and city
to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within
its jurisdiction.
10. In 2005, the City adopted the City of Newport Beach LCP Coastal Land Use Plan, as
amended from time to time.
11. The California Coastal Commission effectively certified the City's LCP
Implementation Plan on January 13, 2017, and the City added Title 21 to the NBMC
whereby the City assumed coastal development permit -issuing authority on January
30, 2017.
12. Pursuant to Section 13515 (Public Participation and Agency Coordination
Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8,
Subchapter 2, Article 5 (Public Participation) ("Section 13515"), a draft of the LCP
Amendment was made available and a Notice of Availability was distributed at least
six weeks prior to the anticipated final action date.
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13. A public hearing was held on May 4, 2023, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public hearing was given in accordance with the California Government Code
Section 54950 et seq. ("Ralph M. Brown Act"), Chapters 20.62 and 21.62 (Public
Hearings) of the NBMC, and Section 13515. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Zoning Code Amendment and Local Coastal Program Amendment are not
subject to the California Environmental Quality Act ("CEQA") under 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, because it has no potential for resulting in a physical
change to the environment, directly or indirectly.
2. The Zoning Code Amendment and Local Coastal Program Amendment would also be
considered exempt from CEQA pursuant to Section 15305 under Class 5 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
3. The Class 5 exemption allows minor alterations in land use limitations in areas with
an average slope of less than 20 percent (20%), which do not result in any changes
in land use or density. The Zoning Code Amendment and Local Coastal Program
Amendment seek to provide flexibility for potential encroachments into side, rear, and
front setback areas for properties located within the VE Zone. The proposed changes
to the NBMC could result in raised decks, landings, stairs, and other accessory
features in the front, side, and rear setbacks for the affected properties. All changes
are limited in scope and would only alter regulations for the height of accessory
structures, which would not result in any changes to land use intensity or density.
4. The exceptions to this categorical exemption under Section 15300.2 are not
applicable. The affected location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
1. Amendments to the NBMC are legislative acts. Neither the City nor State Planning
Law set forth any required findings for either approval or denial of such amendments.
2. The Zoning Code Amendment and Local Coastal Program Amendment are
consistent with the Coastal Land Use Plan, including Policy 2.7-1, which requires
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development to "maintain appropriate setbacks and density, floor area, and height
limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources". The proposed
amendments would only apply to private residential single -unit and two -unit
properties and does not authorize any changes to public property. The Zoning Code
Amendment and Local Coastal Program Amendment do not authorize any new
development that will block coastal access, nor do they change the dimensions of
setbacks. Instead, it will provide flexibility in the application of height requirements for
accessory structures within front, side, and rear setbacks. No changes to density or
to maximum height limits of principal structures are proposed as part of this
amendment. All new residential development in the VE Zone will require approval of
a coastal development permit to evaluate compliance with the Coastal Act, including
potential impacts to views and access related to the proposed design and location.
3. The Zoning Code Amendment and Local Coastal Program Amendment are
necessary to provide parity between residential properties located in the VE Zone
and typical residential properties throughout Coastal Zone. The changes will allow for
raised landings, decks, patios, platforms, stairs, railings, handrails, and similar
features to exceed the maximum height limits for accessory structures within front,
side, and rear yard setbacks for new residential construction within the VE Zone.
Typical residential properties along the beach and boardwalk can achieve seamless
indoor and outdoor living with front patios along the sand or boardwalk. As of the
effective date of the new FIRMs, properties in the VE Zone are no longer able to
achieve this design, as their finished floors are elevated well above the beach or
boardwalk. The existing residential development standards in the NBMC limit
accessory structures to 42 inches maximum within the front setback. However, in the
VE Zone, no patios or decks attached to the principal structure can be located below
the first -floor elevation. This significantly limits outdoor living space for the affected
properties. Furthermore, no direct access to the ground is provided, as the required
stairs and handrails or guardrails exceed height limits in the front setback.
4. New residential construction and substantial improvements in the VE Zone are
required to be elevated approximately 3 to 5 feet above existing grade and stairs are
necessary to access the dwelling from the ground. Currently, the NBMC limits steps,
landings, platforms, and similar features to 18 inches from existing grade in the side
and rear setback. An 18-inch-high platform is not sufficient to reach the first floor of
the new structure. The Zoning Code Amendment and Local Coastal Program
Amendment would allow new residential construction to provide direct access to the
dwelling from the side or rear setback without the need to reduce the floor area of the
dwelling to accommodate the stairs. The required handrails or guardrails would also
be allowed as part of the amendment to accommodate access in the side and rear
setback areas.
5. With exception of the allowable setback encroachments, all future development within
the VE Zone would remain consistent with unchanged applicable standards of the R-
1 and R-2 Coastal Zoning Districts. These include setbacks, height, floor area
limitations, and parking standards.
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6. The recitals provided in this Resolution are true and correct and are incorporated into
the operative part of this Resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby finds this action is not
subject to the California Environmental Quality Act (CEQA) under 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, because it has no potential for resulting in a physical
change to the environment, directly or indirectly.
2. The Planning Commission also finds that this Zoning Code Amendment and Local
Coastal Program Amendment are categorically exempt from the California
Environmental Quality Act under Section 15305 under Class 5 (Minor Alterations in
Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3 because it has no potential to have a significant effect on the
environment. The exceptions to this categorical exemption under Section 15300.2 are
not applicable. The affected location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
3. The Planning Commission hereby recommends City Council approve an amendment
to Title 20 (Planning and Zoning) of the NBMC attached hereto as "Exhibit A" and
incorporated herein by reference.
4. The Planning Commission further recommends that the City Council authorize the
submittal of an amendment to Title 21 (Local Coastal Program Implementation Plan)
of the NBMC, attached hereto as Exhibit "B" and incorporated herein by reference, to
the California Coastal Commission for its review and certification.
PASSED, APPROVED, AND ADOPTED THIS 4t" DAY OF MAY, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
01-17-23 25 21-78
AVA
In
Curtis Ellmore, Chair
Sarah Klaustermeier, Secretary
Planning Commission Resolution No. PC2023-022
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Attachment(s): Exhibit A — Zoning Code Amendment No. PA2018-075
Exhibit B — Local Coastal Program Amendment No. PA2018-075
01-17-23 20 21-79
Planning Commission Resolution No. PC2023-022
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EXHIBIT "A"
ZONING CODE AMENDMENT NO. PA2018-075
Section 20.28.010 (Purposes of Overlay Zoning Districts) of the NBMC shall be
amended to read as follows:
E. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is
intended to modify certain development standards for properties subject to special flood
hazards as identified by the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) for Orange County, California and Incorporated Area with
accompanying FEMA Flood Insurance Rate Maps (FIRM).
Section 20.28.070 (SPECIAL FLOOD HAZARD AREA (VE) OVERLAY DISTRICT) of
the NBMC shall be added to read as follows:
Section 20.28.070 Special Flood Hazard Area (VE) Overlay District.
A. Applicability. This section applies to encroachments for residential properties
located in the coastal high hazard area as defined in Chapter 15.50 (Floodplain
Management) and identified as VE 13 or VE 15 on the adopted FEMA FIS and
FIRMs pursuant to NBMC Section 15.50.070 (Basis for Establishing the Areas of
Special Flood Hazard). For purposes of this section, "encroachments" includes,
and is limited to, decks, landings, patios, platforms, porches, steps, raised
walkways, terraces, or similar structures for access. With the exception of the
encroachments authorized herein, all development shall comply with the applicable
residential development standards (e.g., floor area limit, setbacks, parking) of the
underlying zoning district set forth in the NBMC, except as modified by this section.
In situations where an inconsistency occurs between the development standards
related to encroachments of the underlying zoning district and the standards in this
section, the standards in this section shall apply.
The encroachments allowed by this section shall only apply to new construction,
substantial damage, or substantial improvements pursuant to Section 15.50.200
(Coastal High Hazard Areas) for residential properties where the structure is
required to raise the foundation above the design flood elevation.
B. Allowed Encroachments in Side and Rear Setbacks. An encroachment may be
located within a required side or rear setback area other than those abutting an
alley subject to the following restrictions:
The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
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Planning Commission Resolution No. PC2023-022
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2. The design shall comply with Section 20.30.110(A)(1)(c) (Access to Side
Setback Area).
3. For interior lots, the encroachment may be located in one or more side or rear
setbacks. There shall be no limit in the length, width, or depth of the
encroachment in an interior side or rear setback.
4. For corner lots, the encroachment may be located in the interior side or rear
setback. There shall be no limit in length, width, or depth of the walkway, deck,
platform, or similar structure within the interior side or interior rear setback.
Encroachments in a side setback facing a street may only be permitted to the
minimum extent necessary to provide access to the dwelling. The
encroachment shall comply with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety Visibility
Area).
5. Excluding required guardrails or handrails, the finish surface of the
encroachment shall not exceed 6 inches above the finish floor of the principal
structure.
6. Guardrails and handrails in the side and rear setback areas shall consist of
open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials
so that at least 40 percent (40%) of the fence or wall is open. Handrails and
guardrails shall not exceed the minimum height required by the CBC for safety
purposes.
C. Allowed Encroachments in Front Setbacks. Encroachments may be located within
a required front setback area subject to the following restrictions:
1. The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
2. For interior lots, excluding the required guardrails or handrails, the finish
surface of the encroachment shall not exceed 6 inches above the finish floor of
the principal structure. There shall be no limit in the length, width, or depth of
the encroachment in a front setback of an interior lot.
3. For corner lots, excluding the required guardrails or handrails, the finish surface
of the encroachment shall not exceed 6 inches above the finish floor of the
structure. There shall be no limit in the length, width, or depth of the
encroachment in a front setback adjacent to the beach or permitted Ocean
Front Encroachment areas (Appendix C Ocean Front Encroachment Policy
Guidelines of Title 21). Encroachments in a front setback abutting the Ocean
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Planning Commission Resolution No. PC2023-022
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Front Boardwalk may be permitted subject to compliance with all other
development standards of the underlying zoning district including Section
20.30.130 (Traffic Safety Visibility Area).
a. Corner lots shall be developed in a manner that ensures visibility across
the corners of the intersecting streets, alleys, sidewalks, private
driveways, and the Ocean Front Boardwalk. Notwithstanding the
requirements of this subsection (C), no encroachment over thirty (30)
inches in height from existing grade shall be located within the traffic
visibility triangle (i.e. the triangular -shaped area on a corner lot formed
by measuring the 5 feet from the intersection of the front and street side
property lines adjacent to the Ocean Front Boardwalk).
b. City Traffic Engineer Approval. Improvements, structures, or vegetation
that exceed the allowed height limit for visibility in the traffic safety
visibility area may be approved by the City Traffic Engineer if it is
determined that the location and/or height of the existing or proposed
hedge, shrubbery, structure, or other obstruction allows for the
unobstructed view of oncoming traffic, bicyclists, and pedestrians from a
driver, bicyclists, or pedestrians approaching an intersection.
D. Guardrails and handrails in the side and rear setback shall consist of open
grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials so that
at least 40 percent (40%) of the fence or wall is open. Handrails and guardrails
shall not exceed the minimum height required by the CBC for safety purposes.
E. Third Floor Limitations. All residential structures shall comply with Section
20.48.180 (Residential Development Standards and Design Criteria). For
purposes of determining the number of floors within the principal structure, the
garage shall be considered the first -floor level. In the case of a split-level design,
the Director shall determine which portions of the split-level structure shall
constitute a third floor for the purpose of implementing Section 20.48.180
(Residential Development Standards and Design Criteria).
III. Subsection (f) shall be added to Section 20.30.110(D)(1) (General Regulations) of
the NBMC to read as follows:
f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection
shall apply to properties within the VE Overlay except as modified by Section 20.28.070
(VE Overlay). See Section 20.28.070 (VE Overlay) for setback regulations and additional
authorized encroachments.
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Planning Commission Resolution No. PC2023-022
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Exhibit "B"
LOCAL COASTAL PROGRAM AMENDMENT NO. PA2018-075
I. Section 21.28.010 (Purposes of Overlay Zoning Districts) of the NBMC shall be
amended to read as follows:
F. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is
intended to modify certain development standards for properties subject to special flood
hazards as identified by the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) for Orange County, California and Incorporated Area with
accompanying FEMA Flood Insurance Rate Maps (FIRM).
II. Section 21.28.070 (SPECIAL FLOOD HAZARD AREA (VE) OVERLAY DISTRICT) of
the NBMC shall be added to read as follows:
Section 21.28.070 Special Flood Hazard Area (VE) Overlay District
A. Applicability. This section applies to encroachments for residential properties located
in the coastal high hazard area as defined in Chapter 15.50 (Floodplain Management)
and identified as VE 13 or VE 15 on the adopted FEMA FIS and FIRMs pursuant to
NBMC Section 15.50.070 (Basis for Establishing the Areas of Special Flood Hazard).
For purposes of this section, "encroachments" includes, and is limited to, decks,
landings, patios, platforms, porches, steps, raised walkways, terraces, or similar
structures for access. With the exception of the encroachments authorized herein, all
development shall comply with the applicable residential development standards
(e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth in
the NBMC, except as modified by this section. In situations where an inconsistency
occurs between the development standards related to encroachments of the
underlying zoning district and the standards in this section, the standards in this
section shall apply.
The encroachments allowed by this section shall only apply to new construction,
substantial damage, or substantial improvements pursuant to Section 15.50.200
(Coastal High Hazard Areas) for residential properties where the structure is required
to raise the foundation above the design flood elevation.
B. Allowed Encroachments in Side and Rear Setbacks.
The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
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2. Design shall comply with NBMC Section 21.30.110 (A)(1)(c) (Access to Side
Setback Area).
3. For interior lots, the encroachment may be located in one or more side or rear
setbacks. There shall be no limit in the length, width, or depth of the
encroachment in an interior side or rear setback.
4. For corner lots, the encroachment may be located in the interior side or rear
setback. There shall be no limit in length, width, or depth of the walkway, deck,
platform, or similar structure within the interior side or interior rear setback.
Encroachments in a side setback facing a street may only be permitted to the
minimum extent necessary to provide access to the dwelling. The
encroachment shall comply with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety Visibility
Area).
5. Excluding required guardrails or handrails, the finish surface of the
encroachment shall not exceed 6 inches above the finish floor of the principal
structure.
6. Guardrails and handrails in the side and rear setback areas shall consist of
open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials
so that at least 40 percent (40%) of the fence or wall is open. Handrails and
guardrails shall not exceed the minimum height required by the CBC for safety
purposes.
C. Allowed Encroachments in Front Setbacks.
1. The design of the encroachment shall comply with the building standards set
forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of
either:
a. NBMC Chapter 15.50 (Flood Plain Management); or
b. American Society of Civil Engineers (ASCE) 24.
2. For interior lots, excluding the required guardrails or handrails, the finish
surface of the encroachment shall not exceed 6 inches above the finish floor of
the principal structure. There shall be no limit in the length, width, or depth of
the encroachment in a front setback of an interior lot.
3. For corner lots, excluding the required guardrails or handrails, the finish surface
of the encroachment shall not exceed 6 inches above the finish floor of the
structure. There shall be no limit in the length, width, or depth of the
encroachment in a front setback adjacent to the beach or permitted Ocean
Front Encroachment areas (Appendix C Ocean Front Encroachment Policy
Guidelines of Title 21). Encroachments in a front setback abutting the Ocean
Front Boardwalk may be permitted subject to compliance with all other
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Planning Commission Resolution No. PC2023-022
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development standards of the underlying zoning district including Section
20.30.130 (Traffic Safety Visibility Area).
a. Corner lots shall be developed in a manner that ensures visibility across
the corners of the intersecting streets, alleys, sidewalks, private
driveways, and the Ocean Front Boardwalk. Notwithstanding the
requirements of this subsection (C), no encroachment over 30 inches in
height from existing grade shall be located within the traffic visibility
triangle (i.e. the triangular -shaped area on a corner lot formed by
measuring the 5 feet from the intersection of the front and street side
property lines adjacent to the Ocean Front Boardwalk).
b. City Traffic Engineer Approval. Improvements, structures, or vegetation
that exceed the allowed height limit for visibility in the traffic safety
visibility area may be approved by the City Traffic Engineer if it is
determined that the location and/or height of the existing or proposed
hedge, shrubbery, structure, or other obstruction allows for the
unobstructed view of oncoming traffic, bicyclists, and pedestrians from a
driver, bicyclists, or pedestrians approaching an intersection.
D. Guardrails and handrails in the side and rear setback shall consist of open grillwork,
wrought iron, latticework, pickets, plexiglass, or similar materials so that at least 40
percent (40%) of the fence or wall is open. Handrails and guardrails shall not exceed
the minimum height required by the CBC for safety purposes.
III. Subsection (f) shall be added to Section 21.30.110(D)(1) (General Regulations) of
the NBMC to read as follows:
f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection shall
apply to properties within the VE Overlay except as modified by Section 21.28.070 (VE
Overlay). See Section 21.28.070 (VE Overlay) for setback regulations and additional
authorized encroachments.
01-17-23 S2 21-85
Attachment No. PC 2
Council Resolution No. 2019-31
S3 21-86
S4 21-87
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.
35 21-88
Resolution No. 2019-31
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.
Diarfe"B. Dixon
Mayor
ATTEST:
c
Leilani I. Brown .
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C,42- Aar n C. Harp
Cit Attorney
so 21-89
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; the foregoing resolution, being Resolution
No. 2019-31 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 26th day of March, 2019; and 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, Mayor Pro Tern Will O'Neill, Mayor Diane
Dixon
NAYS: None
RECUSED: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of March, 2019.
r
Leilani I. Br wn
City Clerk
Newport Beach, California
21-90
2 21-91
Attachment No. PC 3
3D Renderings
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Attachment No. PC 4
Plans
49 21-102
so 21-103
BEACH
3o" access g
5'x5' corner
RAISED WALKWAY & DECK IN
SETBACK
CITY OF NEWPORT BEACH I FLOOR PLAN
SIDE YARD:
- FULL ENCROACHMENT ON BOTH SIDES
- RAISED WALKWAY WITH GUARDRAILS
- STEPS/STAIRS FOR ACCESS TO GROUND
FRONT YARD:
- FULL ENCROACHMENT
- RAISED DECK WITH GUARDRAILS FROM LOWEST FLOOR
- STEPS/STAIRS FOR ACCESS TO GROUND
ALLEY
51 21-104
�W .�e[)GEIJEIGHT ..................................
Qf MMMUNAT
--------------------------------------------
;QED PDORIfy
yp-
THIRD FL R DECK
TYP, 2-STORY
VE ZONE ELM.
PL PL
GLASS 13UARDRAIL
STREET I T EXISTING
1-STONY
BLDG.
U,
FIRST ROOR FQJ I
IDES113N FLOODELEV
lbUU . .....
., p� ELt �
aW - - - - - - - - - - - - - - - - - -------------------------------------------- - . .. ....
EXISTING PL WALL CONDITION TYR BREAKAWAY PANEL CONSTRUCTION
RAISED WALKWAY & DECK IN
SETBACK
CITY Q IY EIMPORT BEACH I FRONT ELEMON - GUARDRAIL ONLY
2
52 21-105
EXISTING PL WALL CONDITION
RAISED WALKWAY & DECK IN
SETBACK
CITY OF N EVYPORT BEACH I REAR ELEVATION- GUARDRAIL ONLY
53 21-106
MAX, RIDGE HEIGHT___
46.50' -------------------
41.50'
THIRD FLOOR (TYP.)_
37.8C— -
SECOND FLOOR (TYP
28 . 08'
PIL
BEACH
FIRST
FLOOR (T.O.S.)
17
50T L
rN DESIGN FLOOD ELEV.
16.00'
fik- B.F. E. ----- - -----
4u 15.00,
Q!�TYP-GRADE - ----- - --- - ---
12.00'
THIRD FLOOR DECK
151-011
THIRD FLR. SETBACK
TYP. 2-STORY
VE ZONE BLDG.
------------ -------- ----------------------------------
PIL
GLASS GUARDRAIL
— - — - — - — - — - — - — - — - — - — - — - — - — -
-- - ------ - ------ -= - ----- - ------ - ------ - ------ - ------ - ----- - ----- - ----- - - ----- -
III III III III III III III III III -III III III III III III III III III III III III III III-
C)
- ----- - ----- - ------ - ------ - ------ - ------ - ------ - ------- ----
Fb
1 1-1 1 1-41 1-1 1 1 1 1 1-1 1 1-1 1 1
GATE -ONSITE TYP. BREAKAWAY PANEL CONSTRUCTION TYP. EXISTING 6'BLOCK WALL CONDITION
EXISTING PL WALL CONDITION
RAISED WALKWAY & DECK IN
SETBACK
CITY OF NEWPORT BEACH I SIDE ELEVATION - WALL CONDITION
'54 21-107
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Attachment F
Written Correspondence
21-109
Planning Commission - May 4, 2023
Item No. 3a - Additional Materials Received
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
From:
Lee, Amanda
To:
Westmoreland, Liz
Cc:
Rodriguez, Clarivel
Subject:
FW: Special Food Hazard (VE) Overlay Code Amendments
Date:
May 01, 2023 10:45:41 AM
From: Victoria Sandoval <outlook A2DC20CB18129392@outlook.com>
Sent: May 01, 2023 10:25 AM
To: Lee, Amanda <ALee@newportbeachca.gov>; rgarciamay@newportbeachca.gov
Subject: Special Food Hazard (VE) Overlay Code Amendments
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
With regard to subject proposed amendments:
What criteria will be used to determine whether elevation can be 3, 4, or 5 feet for new
construction?
Will increased elevation permit exceeding the current height restrictions by the same amount?
Thank you for the opportunity to comment.
Sent from Mail for Windows
21-110
-,! E—
J-7
OP
..,
May 2, 2023
Planning Commission Meeting - May 4, 2023
Item No. 3b - Additional Materials Received
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
JACOBS PINE CONSULTING, INC.
TAX INCENTIVE SPECIALISTS
2627 Manhattan Beach Blvd., Suite 212 Phone (310) 727-9911 Fax (310) 727-9912
Redondo Beach, CA 90278
City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RF: Special Flood Hazard Overlay Code Amendments
To the City Council Members:
My name is Barry Pine and I own an Ocearrf-ont Duplex Property on the boardwalk in Newport Beach
(3509 Seashore Drive) that was recently designated by FEMA as being in the VC Special Flood Zone area.
When I purchased the property back in September of 2010, one of the most important factors in my decision
was the ability to make substantial improvements or new construction on my property so that when I have a
family, we would be able to live and raise our family in Newport Beach.
In August of 2020, after our son turned I., we decided to engage an Architect: to build our family home. It
has now been almost 3 years that we have been struggling to come up with a viable home plan to incorporate
the living needs of a family of 4, combined with the new FEMA Flood Zone rules, as well as the additional
Coastal Commission demands of having an additional separate unit (ADU/Jr ADU) to not reduce housing
density in the beach area.
Our property is only 25 feet wide which equates to only 18'/z feet wide after side setbacks. in addition to the
hardship put oil us with this surprise increased building expense of requiring the house to be built on
Caissons and breakaway walls in the garage w-ca, we have been extremely frustrated nr trying to get a
separate entrance to the ADU/Jr ADU unit, as well as into our house (that will now have to be 5 feet above
the grade) without compromising the livable space restrictions working with only 18 IA feet. This same issue
arises again in trying to get down fi-om the deck or house to enjoy access to the beach and boardwalk
oceanfront. This is arguably the most valuable aspect of my property that has currently been reduced by the
new FEMA Flood Zone titles.
I am in full support of the proposed Special Flood Lazard Overlay Code Amendments. These proposed
changes which allow raised walkways, decks and stairs with necessary guardrails to encroach into the fiont,
side and rear setback areas would provide reasonable access and use to our planned home and would
alleviate some of the financial burden that we have suffered fi-om the new FEMA Flood Zone rules.
Planning Commission - May 4, 2023
Item No. 3c - Additional Materials Received
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
From: Janet Brown
To: Planning Commissioners
Cc: Westmoreland, Liz
Subject: Special Flood Hazard Overlay Code Amendment (PA2018-075)
Date: May 03, 2023 12:27:06 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
To Members of the Newport Beach Planning Commission:
I have read the staff report regarding the proposed code amendment, and appreciate the analysis staff has given to
address the issues.
My concern relates to the proposal to allow a deck or balcony to encroach all the way to the front property line in
the required front yard setback. The existing code allows decks and balconies to encroach 3 feet into the typical 5
foot front yard setback.
We own a duplex on the boardwalk and completed construction in 2017. Allowing decks and patios to encroach to
the front property line would have a significant visual impact on our home and on adjacent properties which have
been developed to current standards.
Such an encroachment would not be consistent with the character of established decks and patios along the
boardwalk and ocean front. Furthermore, new development can still achieve a seamless indoor and outdoor living
space with decks and patios that encroach 3 feet into the front setback.
I respectfully request that the Planning Commission retain the existing development standard which allows decks
and balconies to project a maximum of 3 feet into the required front yard setback.
Thank you for your consideration.
Sincerely,
Janet Brown
Sent from my iPad
21-112
Planning Commission - May 4, 2023
Item No. 3d - Additional Materials Received After Deadline
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
From:
Grant Dietz
To:
Plannina Commissioners
Subject:
Special Flood Hazard, VE-13
Date:
May 04, 2023 2:31:14 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Planning Commissioners,
My home at 107 27th St. is directly behind four oceanfront cottages, all eventually headed
toward new construction. The city and FEMA's new rules affect me to an unbelievable extent.
The additional height, size and potential encroachment into the set -backs will reduce my light,
ocean sound, breeze, and views.
Please mandate "cutouts" for elevated access to oceanfront properties rather than allowing
them to build into the setbacks.
I understand that FEMA and our city do not want to infringe on personal property rights of
home owner's. But, how is it that oceanfront rights are protected, but the rest of us down
the street must suffer massive structures to our view side. And, somehow "wave action" and
high water levels won't get to my home?
All of these new rules will permanently alter the character of our community. Drive 20
minutes north to Surfside Beach to see what we shall be as these monstrosities are built along
our coast. The Sunset Beach communities have allowed oceanfront homes to completely
block everyone else.
(And they don't even allow building into setbacks.)
Thank you for your delicate consideration of this matter. Please forward this email to all
parties responsible for these changes.
I am available to discuss further at your convenience.
Sincerely,
Grant G. Dietz
Sr. Financial Consultant
Pacific Mortgage Bankers
18851 Bardeen Avenue
Irvine, CA 92612
949.637.2008 CA DRE 01079680
949.265.9031 Fax NMLS 253390 & 337588
21-113
Planning Commission - May 4, 2023
Item No. 3d - Additional Materials Received After Deadline
Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
"A referral is sowteowe oou care about, to sowteov e 00o trust"
21-114