HomeMy WebLinkAbout16 - Amending Titles 20 and 21 of the NBMC Establishing the Special Flood Hazard Area (VE) Overlay (PA2018-075)Q �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
October 14, 2025
Agenda Item No. 16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Jaime Murillo, Acting Community Development Director - 949-644-
3209, jmurillo@newportbeachca.gov
PREPARED BY: Liz Westmoreland, AICP, Principal Planner - 949-644-3234,
Iwestmoreland@newportbeachca.gov
TITLE: Ordinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of
the Newport Beach Municipal Code Establishing the Special Flood
Hazard Area (VE) Overlay (PA2018-075)
ABSTRACT:
On June 13, 2025, the City Council introduced and subsequently adopted Ordinance No.
2023-10 to establish the Special Flood Hazard Area (VE) Overlay (i.e., the "VE Overlay")
in Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). The City
Council also authorized the submittal of a complementary amendment to Title 21 (Local
Coastal Program Implementation Plan) to the California Coastal Commission (CCC). The
amendments would establish the overlay and modify allowed setback encroachments to
help provide access without impact to the buildable area of affected residential lots.
Although Ordinance No. 2023-10 was adopted, it is notable that its effectiveness was
delayed to align with the effective date of the changes to Title 21 for consistency.
On July 10, 2025, the CCC approved the submitted Title 21 amendment with suggested
modifications. For the City Council's consideration are proposed ordinances to accept
and incorporate the CCC's suggested modifications into Title 21 (Attachment B) and into
Title 20 for consistency (Attachment A).
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 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;
c) Waive full reading, direct City Clerk to read by title only, introduce Ordinance No.
2025-32, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Revisions to Zoning Code Amendment (PA2018-075) Amending Title 20
(Planning and Zoning) of the City of Newport Beach Municipal Code to Establish
the Special Flood Hazard Area Overlay for Consistency with the California Coastal
Commission's Modifications (PA2018-075), and pass to second reading on
October 28, 2025; and
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Ordinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of the Newport
Beach Municipal Code Establishing the Special Flood
Hazard Area (VE) Overlay (PA2018-075)
October 14, 2025
Page 2
d) Waive full reading, direct City Clerk to read by title only, introduce Ordinance No.
2025-33, An Ordinance of the City Council of the City of Newport Beach, California,
Approving an Amendment to Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code, as Modified by the California Coastal
Commission, to Establish the Special Flood Hazard Area Overlay (PA2018-075),
and pass to second reading on October 28, 2025.
DISCUSSION:
On March 26, 2019, the City Council adopted Resolution No. 2019-31 initiating
amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the NBMC. A draft of the proposed amendments was presented
to the design community on December 2, 2021, and on January 19, 2022, a draft was
presented to affected and nearby property owners via virtual community meetings.
Comments from the two outreach meetings were incorporated into the draft amendments,
and on May 4, 2023, the Planning Commission unanimously recommended approval of
the amendments to the City Council.
On June 13, 2023, the City Council introduced Ordinance No. 2023-10 (Attachment D) to
establish an overlay in Title 20 of the NBMC for the Special Flood Hazard Area (VE) (i.e.,
WE Overlay") to modify allowed setback encroachments. The Ordinance was adopted on
June 27, 2023, but deferred the effective date until the associated Title 21 amendments
were approved by the CCC. Concurrently, on June 13, 2023, the City Council adopted
Resolution No. 2023-34, authorizing submittal of the Local Coastal Program Amendment
(PA2018-075) to the CCC to similarly amend Title 21. The changes proposed to Titles 20
and 21 are consistent.
The changes included adoption of a new overlay in both Title 20 and Title 21 for 166
properties located within the VE Overlay as designated by the Federal Emergency
Management Agency (FEMA) in the March 21, 2019, Flood Insurance Rate Maps
(FIRMs). Residential construction in the VE Special Flood Hazard Area is required to raise
the finished floor approximately three to five feet above the ground on posts, piers, or
piles. The overlay is intended to resolve a design constraint by providing flexibility for the
allowed height of encroachments in front, side, and rear setbacks, to allow for reasonable
access to the elevated homes. Additional details on the VE Special Flood Hazard Area
and related design requirements are included in the City Council Staff Report dated June
13, 2023 (Attachment E).
Allowed encroachments, as originally proposed in the VE Overlay, included the following:
Side and Rear Setbacks
• Stairs, steps, landings, platforms, terraces, etc. to the minimum extent necessary
to provide access to the home; and
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Ordinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of the Newport
Beach Municipal Code Establishing the Special Flood
Hazard Area (VE) Overlay (PA2018-075)
October 14, 2025
Page 3
• Required guardrails and handrails (open style construction) associated with the
above encroachments.
Front Setbacks
• Balconies, patios, decks, terraces, etc. including ground supports extending up to
3 feet into the front setback abutting the boardwalk or beach;
• Stairs to extend to the front property line abutting the boardwalk or beach; and
• Required handrails and guardrails (open style construction) associated with the
above encroachments.
Coastal Commission Action and Acceptance of Suggested Modifications
On August 31, 2023, staff submitted the City Council's authorized Title 21 amendment to
the CCC. On July 10, 2025, the CCC considered and denied the amendment, as
submitted, but approved it with suggested modifications, which are outlined in Attachment
F.
A summary of the suggested modifications include:
• Suggested Modification 1 — Reference and Codify Applicability Map: The
modification establishes a map to illustrate the properties eligible for the new VE
Overlay. The original draft code language simply referenced Chapter 15.50
(Floodplain Management) of the NBMC, which defines the areas that are subject
to the building standards of the special flood hazard area. This would have allowed
the VE Overlay to be somewhat adaptable in the future, should FEMA reduce or
increase the number of properties included in the VE Zone. However, CCC staff
found there were too many variables related to coastal resources to analyze
properties should the extent or location of the VE Zone be adjusted in the future.
The revised language now specifically references the March 21, 2019, Flood
Insurance Rate Map and a map is included to show the affected properties. Any
future changes to the FIRMs would likely require another amendment to the LCP
to expand or reduce the overlay location.
• Suggested Modification 2 — Reduced Encroachments in Front Setback: The
modification reduces the type and extent of allowed encroachments in the front
setback. The original draft text would have allowed stairs to fully encroach in the
front setback to the property line (i.e., zero -foot setback). The revised language
only allows stairs to encroach up to three feet into the setback (i.e., leaving a two -
foot setback).
Furthermore, instead of allowing a variety of encroachments such as patios,
terraces and decks (including ground supports) to extend three feet into the front
setback, the revised language removes the allowance for these features to
encroach into the front setback any amount. CCC staff was concerned about
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Ordinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of the Newport
Beach Municipal Code Establishing the Special Flood
Hazard Area (VE) Overlay (PA2018-075)
October 14, 2025
Page 4
potential visual impacts related to encroachments in the front setback including the
supports that would be associated with decks, patios, and terraces. However, there
are existing provisions in Title 21 that would continue to allow "balconies" without
ground supports to extend three feet into the front setback consistent with Section
21.30.110(D) (Allowed Encroachments into Setback Areas) of the NBMC. The
allowed stairs encroachment would provide practical access to these balconies not
previously achievable.
• Suggested Modification 3 — Reference Clean -Up: The modification removes
and consolidates several references in the draft VE Overlay text related to the
design requirements associated with building in the VE Zone including several
references to Title 15 (Buildings and Construction). The revised text states that
Overlay would not constitute a waiver of building code requirements contained in
Chapter 15.40 (Floodplain Management) of the NBMC, ensuring that new
construction will still comply with relevant building standards.
The recommended action is to accept and incorporate all the CCC's suggested
modifications into the amendments to both Title 21 and Title 20. The amendments as
modified will continue to resolve the design constraints associated with providing access
to these elevated homes.
The City Council must accept or reject all the suggested modifications. Partial acceptance
is not permitted and would require resubmittal to the CCC through a new amendment
application. A redline -strikeout version incorporating all CCC modifications for Title 21 is
included as Attachment G.
If introduced, the ordinances would return for a second reading on October 28, 2025, and
take effect 30 days thereafter.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
Staff recommends that the City Council also find these amendments categorically exempt
from CEQA pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, because they have no potential to have a significant
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Ordinance Nos. 2025-32 and 2025-33: Amending Titles 20 and 21 of the Newport
Beach Municipal Code Establishing the Special Flood
Hazard Area (VE) Overlay (PA2018-075)
October 14, 2025
Page 5
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 amendments 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.
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.
NOTICING:
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
Title 21 Amendment was made available, and a Notice of Availability was originally
distributed on May 2, 2023, to all persons and agencies on the Notice of Availability
mailing list.
In addition, notice of this hearing was published in the Daily Pilot as an eighth -page
advertisement, 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. The item also appeared on the agenda for this meeting, which was posted at City
Hall and on the City's website.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Ordinance No. 2025-32 (Title 20)
Attachment B
— Ordinance No. 2025-33 (Title 21)
Attachment C
— Resolution No. 2023-37
Attachment D
— Ordinance No. 2023-10
Attachment E
— City Council Staff Report dated June 13, 2023 (without attachments)
Attachment F —
Coastal Commission Approval Letter and Suggested Modifications
Attachment G
— Redline -Strikeout Version of Title 21 Code Amendment
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Attachment A
Ordinance No. 2025-32 (Title 20)
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ORDINANCE NO. 2025-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
REVISIONS TO ZONING CODE AMENDMENT (PA2018-
075) AMENDING TITLE 20 (PLANNING AND ZONING) OF
THE CITY OF NEWPORT BEACH MUNICIPAL CODE TO
ESTABLISH THE SPECIAL FLOOD HAZARD AREA
OVERLAY FOR CONSISTENCY WITH THE CALIFORNIA
COASTAL COMMISSION'S MODIFICATIONS (PA2018-
075)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), 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 City 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, new Federal Emergency Management Agency ("FEMA") Flood
Insurance Rate Maps ("FIRMs") went into effect on March 21, 2019, for Newport Beach
and include 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;
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 meet the requirements of Title 20 (Planning
and Zoning) (`Title 20") 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. 2025-32
Page 2 of 5
WHEREAS, the City Council adopted Resolution No. 2019-31 on March 26,
2019, initiating a Zoning Code Amendment ("ZCA") to Title 20 and Local Coastal
Program Amendment ("LCPA") to amend Title 20 and Title 21 (Local Coastal Program
Implementation Plan) ("Title 21") of the NBMC to modify the setback encroachment
regulations for residential properties in the VE Zone;
WHEREAS, since adoption of the new FIRMs, the City has approved five variance
applications 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 ZCA and LCPA will facilitate
compliance and minimize 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 the ZCA was presented to the design community on
December 2, 2021, and to affected and nearby property owners on January 19, 2022,
via a virtual community meeting 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 Chapters 20.62 and 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 unanimous vote (7 ayes, 0 nays)
recommending approval of the ZCA and LCPA to the City Council;
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Ordinance No. 2025-32
Page 3 of 5
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 Chapters 20.62 and 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the City
Council at this hearing;
WHEREAS, the City Council adopted Ordinance No. 2023-10 by a unanimous
vote (7 ayes, 0 nays), on June 27, 2023, to approve the ZCA amending Title 20 of the
NBMC with the effective date contingent upon the Coastal Commission's certification of
the LCPA ;
WHEREAS, the City Council also adopted Resolution No. 2023-37 on June 13,
2023, by a unanimous vote (7 ayes, 0 nays), authorizing submittal of the LCPA filed as
PA2018-075 to the Coastal Commission;
WHEREAS, the California Coastal Commission ("Coastal Commission") denied
the LCPA (LCP-5-NPB-23-0039-3 Part B) on July 10, 2025, as submitted and approved
it with suggested modifications deemed necessary to find consistency with the
California Coastal Act;
WHEREAS, the Coastal Commission's revisions to the LCPA require this
amendment to the ZCA for consistency with the LCPA; and
WHEREAS, the City Council held a public hearing on October 14, 2025, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
Notice of time, place and purpose of the public hearing was given in accordance with
the Ralph M. Brown Act, Section 13515, and Chapters 20.62 and 21.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: The City Council does hereby approve the amendment to the ZCA
(PA2018-075) as set forth in "Exhibit A," based upon the Facts in Support of Findings
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.
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Ordinance No. 2025-32
Page 4 of 5
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.
Section 4: The City Council finds this ZCA 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 ZCA 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 ZCA 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 Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2025-32
Page 5 of 5
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of October, 2025, and adopted on the 28th day
of October, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Att6rhey
Attachment(s): Exhibit A — Zoning Code Amendment (PA2018-075)
Exhibit B — Facts in Support of Findings (PA2018-075)
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Exhibit "A"
ZONING CODE AMENDMENT (PA2018-075)
The table of contents of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B,
HO, H)) of the NBMC shall be amended to read as follows:
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H, VE)
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
Housing Opportunity (HO) Overlay District.
20.28.060
Height (H) Overlay District.
20.28.070
Special Flood Hazard Area (VE) Overlay District.
II. Section 20.28.010 (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).
III. 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 identified as VE 13 or VE 15 on the Federal Emergency Management
Agency's "Flood Insurance Study (FIS) for Orange County, California and
Incorporated Area" revised March 21, 2019. For purposes of this section,
"encroachments" are limited to balconies, 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
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apply.
The encroachments allowed by this section shall only apply when the project is
required to comply with Chapter 15.50 (Floodplain Management) for residential
properties where the structure is required to raise the foundation above the
design flood elevation. Nothing in this section shall be construed to constitute a
waiver of, or exclusion from, the building standards set forth in Chapter 15.50
(Floodplain Management).
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. Access to the side yard setback shall comply with Section
20.30.110(A)(1)(c) (Access to Side Setback Area).
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. Encroachments in an interior side or rear setback
may only be permitted to the minimum extent necessary to provide access
to the dwelling from both the front and the rear of the property.
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 from both the front and the rear of the property. 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 (40) percent 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:
1. For interior and corner lots, one set of access stairs from the grade
level to the first elevated floor is allowed to encroach up to three (3) feet
into the front setback. 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). Encroachments are subject
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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,
or other obstruction allows for the unobstructed view of oncoming
traffic including bicyclists, and pedestrians by a driver, bicyclist, or
pedestrian approaching an intersection.
2. 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 (40) percent 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.
D. Third Floor Limitations. All residential structures shall comply with
Section20.48.180 (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). Refer to Section 20.28.070 (VE Overlay) for
setback regulations and additional authorized encroachments.
V. The table of contents of Chapter 20.80 (Maps) of the NBMC shall be amended to
read as follows:
16-14
In
Chapter 20.80
MAPS
Sections:
20.80.010
Area Maps.
20.80.020
Bluff overlay.
20.80.025
Housing Opportunity Overlay Zoning Districts maps.
20.80.030
Height limit areas.
20.80.035
Parking Management Overlay District maps.
20.80.040
Setback maps.
20.80.045
Special Flood Hazard Area (VE) Overlay District map.
Section 20.80.045 (Special Flood Hazard Area (VE) Overlay) of the NBMC shall
be added to read as follows:
Section 20.80.045 Special Flood Hazard Area (VE) Overlay map.
VE-1 — Special Flood Hazard Overlay (PDF)
16-15
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EXHIBIT "B"
FACTS IN SUPPORT OF FINDINGS (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
16-17
allow for encroachments, such as 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 (with limitations) for new
residential construction within the VE Zone.
4. New residential construction, substantial improvements, and substantial damage
projects 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.
16-18
Attachment B
Ordinance No. 2025-33 (Title 21)
16-19
ORDINANCE NO. 2025-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE, AS MODIFIED BY
THE CALIFORNIA COASTAL COMMISSION, TO
ESTABLISH THE SPECIAL FLOOD HAZARD AREA
OVERLAY (PA2018-075)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), 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 City 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, the City adopted the City of Newport Beach LCP Coastal Land Use
Plan in 2005, which has been amended from time to time;
WHEREAS, the California Coastal Commission ("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, new Federal Emergency Management Agency ("FEMA") Flood
Insurance Rate Maps ("FIRMs") went into effect on March 21, 2019, for Newport Beach
and include 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;
16-20
Ordinance No. 2025-33
Page 2 of 6
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 of the
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, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City's certified LCP as implemented by and codified in Title
21 to be initiated by the City Council;
WHEREAS, the City Council adopted Resolution No. 2019-31 on March 26,
2019, initiating a Zoning Code Amendment ("ZCA") and Local Coastal Program
Amendment ("LCPA") to amend Title 20 and Title 21 of the NBMC to modify the setback
encroachment regulations for residential properties in the VE Zone;
WHEREAS, since adoption of the new FIRMs, the City has approved five variance
applications 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 LCPA will facilitate compliance
and minimize 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 the LCPA 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;
16-21
Ordinance No. 2025-33
Page 3 of 6
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 Chapters 20.62 and 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 unanimous vote (7 ayes, 0 nays)
recommending approval of the ZCA and LCPA to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 (Public Participation), drafts of the LCPA were made available, and a
Notice of Availability was distributed at least six weeks prior to the final action date;
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 Chapters 20.62 and 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the City
Council at this hearing;
WHEREAS, the City Council adopted Resolution No. 2023-37 on June 13, 2025,
by a unanimous vote (7 ayes — 0 nays), authorizing submittal of the LCPA filed as
PA2018-075 to the Coastal Commission;
WHEREAS, the City Council also adopted Ordinance No. 2023-10 by a
unanimous vote (7 ayes, 0 nays), on June 27, 2023, to approve the ZCA and update
Title 20 of the NBMC with the effective date contingent upon the Coastal Commission's
certification of the LCPA;
WHEREAS, the Coastal Commission denied the LCPA (LCP-5-NPB-23-0039-3
Part B) on July 10, 2025, as submitted and approved it with suggested modifications
deemed necessary to find consistency with the California Coastal Act; and
WHEREAS, the City Council held a public hearing on October 14, 2025, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
Notice of time, place and purpose of the public hearing was given in accordance with
the Ralph M. Brown Act, Section 13515, and Chapters 20.62 and 21.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing.
16-22
Ordinance No. 2025-33
Page 4 of 6
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby approves the LCPA (PA2018-075) and
accepts the suggested modifications approved by the Coastal Commission to amend
Title 21 of the NBMC as set forth in "Exhibit A," based upon the Facts in Support of
Findings set forth in Exhibit "B," both of which are attached hereto and incorporated
herein by reference.
Section 2: The LCP, including the LCPA, will be carried out in full conformity
with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: The City Council hereby authorizes City staff to submit this
ordinance for a determination by the Coastal Commission's Executive Director that this
action satisfies the specific requirements of the Coastal Commission's July 10, 2025,
action on LCPA Request No. LCP-5-NPB-23-0039-3 Part B.
Section 5: This ordinance shall not become effective for thirty days after
adoption and until the Executive Director of the Coastal Commission certifies this
ordinance complies with the Coastal Commission's July 10, 2025, action on LCPA
Request No. LCP-5-NPB-23-0039-3 Part B.
Section 6: 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.
Section 7: The City Council finds this LCPA 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.
16-23
Ordinance No. 2025-33
Page 5 of 6
The City Council also finds this LCPA 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 LCPA 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 in 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 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
16-24
Ordinance No. 2025-33
Page 6 of 6
Section 9: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and the same shall become final and
effective as provided in Section 5 of this ordinance.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of October, 2025, and adopted on the 28th day
of October, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A C. �..-
ar n C. Harp, City Attorney
Attachment(s): Exhibit A — Local Coastal Program Amendment (PA2018-075)
Exhibit B — Facts in Support of Findings (PA2018-075)
16-25
EXHIBIT "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2018-075)
The table of contents of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP,
PM, B, C and H) of the NBMC shall be amended to read as follows:
Chapter 21.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H, VE)
Sections:
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 21.28.010 (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).
III. 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 identified as VE 13 or VE 15 on the Federal Emergency Management
Agency's "Flood Insurance Study (FIS) for Orange County, California and
Incorporated Area" revised March 21, 2019. For purposes of this section,
"encroachments" are limited to balconies, 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
16-26
apply.
The encroachments allowed by this section shall only apply when the project is
required to comply with Chapter 15.50 (Floodplain Management) for residential
properties where the structure is required to raise the foundation above the
design flood elevation. Nothing in this section shall be construed to constitute a
waiver of, or exclusion from, the building standards set forth in Chapter 15.50
(Floodplain Management).
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. 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. Encroachments in an interior side or rear setback
may only be permitted to the minimum extent necessary to provide access
to the dwelling from both the front and the rear of the property.
2. 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 from both the front and the rear of the property. The
encroachment shall comply with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety
Visibility Area).
3. 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).
4. 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 (40) percent 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:
1. For interior lot and corner lots, one set of access stairs from the
grade level to the first elevated floor is allowed to encroach up to three (3)
feet into the front setback. 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). Encroachments are subject
to compliance with all other development standards of the underlying
zoning district including Section 21.30.130 (Traffic Safety Visibility Area).
16-27
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.
2. 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 (40) percent 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:
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.
V. The table of contents of Chapter 21.80 (Maps) of the NBMC shall be amended to
read as follows:
Chapter 21.80
MAPS
Sections:
21.80.010 Area Maps.
21.80.020 Bluff overlay.
21.80.025 Housing Opportunity Overlay Zoning Districts maps.
21.80.030 Height limit areas.
21.80.035 Parking Management Overlay District maps.
16-28
21.80.040 Setback maps.
21.80.055 Planned Community Site Plans.
21.80.065 Planned Community Land Use Maps.
21.80.070 Special Flood Hazard Area (VE) Overlay map.
VI. Section 21.80.070 (Special Flood Hazard Area (VE) Overlay) of the NBMC
shall be added to read as follows:
Section 21.80.070 Special Flood Hazard Area (VE) Overlay map.
VE-1 — Special Flood Hazard Overlay (PDF)
16-29
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EXHIBIT "B"
FACTS IN SUPPORT OF FINDINGS (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 encroachments, such as 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 (with
limitations) for new residential construction within the VE Zone.
16-31
4. New residential construction, substantial improvements, and substantial damage
projects 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.
16-32
Attachment C
Resolution No. 2023-37
16-33
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 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;
cif Ntawpoft Bed
16-34
Resolution No. 2023-37
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;
�® of Newport Bea,
16-35
Resolution No. 2023-37
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.
';itv of Newpoft Bear 16.36
Resolution No. 2023-37
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.
�;itv of Newport Bear 16.37
Resolution No. 2023-37
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.
ATTEST:
C. ��= A
Leilani 1,
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ff
Aaron t. 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)
City of Newport Beach
16-38
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
Gity of N�wport Bea.-
16-39
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 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. Encroachments in an exterior side or rear setback may only be
permitted to the minimum extent necessary to provide access to the dwelling
from both the front and the rear of the property.
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
from both the front and the rear of the property. 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.
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:
';itv of Newport Bear
16-40
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). A deck, balcony, patio, or terrace encroachment
shall not exceed three (3) feet into the front setback. Stairs, steps, or landing
encroachments required for access may extend to the front property line.
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 into the front setback adjacent to
the beach, permitted Ocean Front Encroachment areas (Appendix C Ocean
Front Encroachment Policy Guidelines of Title 21), or Ocean Front Boardwalk.
A deck, balcony, patio, or terrace encroachment shall not exceed three (3) feet
into the front setback. Stairs, steps, or landing encroachments required for
access may extend to the front property line. Encroachments are subject to
compliance with all other development standards of the underlying zoning
district including Section 21.30.130 (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).
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
,Citv of Ne'wport Bea(.
16-41
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:
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.
City of Newport Beach ,s„
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.
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.
,('- Jtv of Newport Bear
16-43
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.
City of Newport Beach ,s„
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.
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.
Citv of Newpoft Bear 16_45
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.
City of Newport Beach ,s.s
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. 2023-37 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13th day of June, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of June, 2023.
PpR�
}„
_
I—
;_,; _ Leilani I. Brow
= City Clerk
Newport Beach, California
City of Newport Beach ,s„
Attachment D
Ordinance No. 2023-10
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;
16-49
Ordinance No. 2023-10
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;
16-50
Ordinance No. 2023-10
Page 3of5
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.
16-51
Ordinance No. 2023-10
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.
City of Newport Beach ,fi„
Ordinance No. 2023-10
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: Mayor Blom, Mayor Pro Tern O'Neill, Council Member Avery, Council
Member Grant, Council Member Kleiman, Council Member Stapleton,
Council Member Weigand
NAYS:
ABSENT:
ATTEST:
LEILANI I. BROWN, CITY CLERK LZ
IU
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
X ", C ff
AARON C. HARP, CITY ATTORNEY
AA,L$'0ttS��
Attachments: Exhibit A - Zoning Code Amendment (PA2018-075)
Exhibit B - Facts in Support of Zoning Code Amendment
(PA2018-075)
16-53
IWAMM11:1119 _�i
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.
III. 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. Encroachments in an interior side or rear setback may only
be permitted to the minimum extent necessary to provide access to the
dwelling from both the front and the rear of the property.
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 from both the front and the rear of the property. 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.
16-55
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 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). A deck, balcony, patio, or terrace
encroachment shall not exceed three (3) feet into the front setback. Stairs,
steps, or landing encroachments required for access may extend to the
front property line.
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 into the front setback
adjacent to the beach, permitted Ocean Front Encroachment areas
(Appendix C Ocean Front Encroachment Policy Guidelines of Title 21), or
Ocean Front Boardwalk. A deck, balcony, patio, or terrace encroachment
shall not exceed three (3) feet into the front setback. Stairs, steps, or
landing encroachments required for access may extend to the front
property line. Encroachments are 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
16-56
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
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.
16-57
*A:n-311M-1,
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
16-58
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.
16-59
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2023-10 was duly introduced on the 13th day of June, 2023, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 27th day of June, 2023, and that the same was so passed
and adopted by the following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 28th day of June, 2023.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
go, 1011, F ZLO 4 40 � �
Leilani I: Brown, MMF
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2023-10 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: June 17, 2023
Adopted Ordinance: July 1, 2023
In witness whereof, I have hereunto subscribed my name this day of July, 2023.
City
Leilani I. Brown, MC
City Clerk
City of Newport Beach, California
vport Beach
16-60
Attachment E
City Council Staff Report dated June 13, 2023 (without attachments)
16-61
� SEW Pp�r
CITY OF
z NEWPORT BEACH
�14/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 24' Street and
48t" Street. Figure 1 below is an excerpt of the FIRM with the affected beachfront
properties identified by a red oval.
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Figure 1 — Excerpt from the FIRM for West Newport
21-2
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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 3
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 WE 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.
28th Street,"
Properties Affected by the VE Zone 15' (139)
( Properties Affected by the VE Zone 13' (27)
24th
Street - r.
Figure 2 — Map of Affected Properties
21-3
16-64
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EXISTING
1-STORY
BLDG.
FIRST POR ID S.�
L! 1P.57'
nDMIGN FLOOD ELEV.
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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
THIRD FLOOR DECK
TYP. 2-STORY
VE ZONE BLDG..
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Raised FlOar
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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.
21-4
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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 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
lop
21-5
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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
r
I W_
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)
June 13, 2023
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.
k, rot drailk,rel
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
21-8
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Attachment F
Coastal Commission Approval Letter and Suggested Modifications
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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD, SUITE 300
LONG BEACH, CA 90802-4325
VOICE (562) 590-5071
FAX (562) 590-5084
City of Newport Beach
Planning Department
Liz Westmoreland, Principal Planner
100 Civic Center Drive
Newport Beach, CA 92660
September 9, 2025
RE: City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-5-
NPB-23-0039-3, Part B (Beachfront Setback Encroachments).
Dear Ms. Westmoreland,
You are hereby notified that the California Coastal Commission, at its July 10, 2025
meeting, approved the City of Newport Beach Local Coastal Program (LCP) Amendment
No. LCP-5-NPB-23-0039-3, Part B with suggested modifications. Amendment No. LCP-5-
NPB-23-0039-3, Part B, which was submitted pursuant to City Council Resolution No.
2023-37, incorporates changes to the Implementation Plan (IP) portion of the LCP to
establish a `Special Flood Hazard (VE)' overlay, which would allow accessory structure
encroachments within setbacks in beachfront lots.
The Commission approved the LCP Amendment with suggested modifications. Thus, the
Amendment will become final once: 1) The City of Newport Beach City Council adopts the
Commission's suggested modifications, 2) the City of Newport Beach City Council
forwards the adopted suggested modifications to the Commission by Resolution, and 3)
the Executive Director certifies that the City has complied with the Commission's July 10,
2025 action. The Coastal Act requires that the City's adoption of the suggested
modifications be completed within six (6) months of the Commission's action.
Pursuant to the Commission's action on July 10, 2025, certification of the City of Newport
Beach LCP Amendment No. LCP-5-NPB-23-0039-3, Part B is subject to the attached
Suggested Modifications (Attachment A).
Thank you for your cooperation and we look forward to working with you and your staff in
the future. Please email Dulce Cortez or myself if you have any questions regarding the
modifications required for effective certification of City of Newport Beach LCP Amendment
No. LCP-5-NPB-23-0039-3, Part B.
Sincerely,
DocuSigned by:
D781AF30CEOC4F5...
Amrita Spencer
District Manager
cc: File
Jaime Murillo, City of Newport Beach
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Attachment A: Suggested Modifications to Amendment No. LCP-5-NPB-
23-0039-3, Part B
Certification of City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-
5-NPB-23-0039-3, Part B is subject to the following modifications.
Text added by the suggested modification is bold, italicized, and underlined, and text
suggested to be deleted is GtFWGk +"r^„n". Only those subjections of the LCP for which
modifications are being suggested are shown below.
Suggested Modification 1:
Section 21.28.070, Special Flood Hazard Area (VE) Overlay District.
A. Applicability. This section applies to encroachments for residential properties
loGaterd in the Goastal hiqh hazard area as defined in Chapter 15 Cn
Cloodplain Mananement) and i dentifEe d as VC 13 or VC 15 on the adopted
CMA CIS and FIRM pursuant to Se^tion 15 50 070 /Clads for Establichinq the
Areas oape^.al Flood Haz-aT44 identified as VE 13 or VE 15 on the Federal
Emergency Management Agency's "Flood Insurance Study (FIS) for Orange
County, California and Incorporated Area" dated revised March 21, 2019....
Chapter 21.80, Maps.
Section 21.80.070, Special Flood Hazard Area (VE) Overlay.
VE-1 —Special Flood Hazard Area (VE) Overlay (PDF)
Suggested Modification 2:
C. Allowed Encroachments in Front Setbacks. Encroachments may be located within a
reauired front setback area subiect to the followina restrictions:
r
16- 72
1. For interior lots and corner lots, one set of access stairs from the grade
level to the first elevated floor is allowed to encroach up to three (3) feet into
the front setback. 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). Encroachments are subject to
compliance with all other development standards of the underlying zoning
district including Section 21.30.130 (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 driveway
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).
Improvements or structures that exceed the allowable heiaht 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
Dedestrian aDDroachina an intersection.
4.2. 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.
Suggested Modification 3:
Section 21.28.070, Special Flood Hazard Area (VE) Overlay District.
A. Applicability....For purposes of this section, "encroachments" are limited to
balconies, decks, landings, patios, platforms, porches, steps, raised walkway
terraces required for access. With the exception of the encroachments authorized
herein, all development shall comply with the applicable residential development
16- 73
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 apply4o
structure pursuant tG when the project is required to comply with Section
15.50 (Floodplain Management) for residential properties where the structure is
required to raise the foundation above the design flood elevation. Nothing in this
section shall be construed to constitute a waiver of, or exclusion from, the
building standards set forth in Section 15.50 (Floodplain Management).
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
allev subiect to the followina restrictions:
2,1. 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.
Encroachments in an interior side or rear setback may only be permitted to the
minimum extent necessary to arovide access to the dwellina from both the front and
the rear of the property.
3-.2. 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 from
both the front and the rear of the property. The encroachment shall comply with all
other development standards of the underlying zoning district including Section
21.30.130 (Traffic Safetv Visibilitv Area).
4:3. 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-.4. 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.
16-74
Attachment G
Redline -Strikeout Version of Title 21 Code Amendment
16- 75
REDLINE FOR 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
IOGated- iOR the Geastai high hazard as defined OR Chapter 155v
(Fleedplain Management) and identified as VE 13 or VE 15 on the adopted
the Areas Of—SpeGa' Fleed Ham Federal Emergency Management
Agency's "Flood Insurance Study (FIS) for Orange County, California and
Incorporated Area" dated revised March 21, 2019. For purposes of this
section, "encroachments" are limited to balconies, 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.
16-76
The encroachments allowed by this section shall only apply when the project
is required to comply with Section 15.50 (Floodplain Management) to-4ew
GeStWetiensubstantial damageor s bstantial improvements too—th,
c ntiIre p ps pant W en 1 5n al High Hazard Areas) �trtE �� ec�i���` «r or
residential properties where the structure is required to raise the foundation
above the design flood elevation. Nothing in this section shall be construed to
constitute a waiver of, or exclusion from, the building standards set forth in
Section 15.50 (Floodplain Management).
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:
G� .7 • WA �a
2L.1. 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. Encroachments in an exterior side or rear
setback may only be permitted to the minimum extent necessary to
provide access to the dwelling from both the front and the rear of the
property.
-12. 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 from both the front and the rear of the property. The
encroachment shall comply with all other development standards of the
underlying zoning district including Section 20.30.130 (Traffic Safety
Visibility Area).
4.3. 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-A. 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: 16-77
rn
r
1. For interior lot and corner lots. one set of access stairs from the arade level
to the first elevated floor is allowed to encroach up to three (3) feet into the
front setback. 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). Encroachments are subject to
compliance with all other development standards of the underlying zoning
district including Section 21.30.130 (Traffic Safety Visibility Area).FeF ^per
lots, eXGI aiding the required guardrails er handrails, the f�hedsorr-ranGe ee
the eRGPeael=lrrmen�-�II net eo bode the finished floor of
rrr airrrv�ei�F,ee� ��.raAv-v'cZn��ncaTrvvrvr
henehpermitted GGean Crenrt Enr n,a rmen+ urea' (ApPenrix r GGean
Frt CnGreaGhhrnent Deliny Guidelines of Tulle-2 ), er nvice' �t
Beards alk /\ de holneny, pats er terrene en a m,. nt shall netexceed
cGtl,�arcvrr9 ,�utttl,�rzcrracc-ci�Gr-0a� Ctlt SFi
Stairs, e
or landing eRGreaGhMeRts
Tequiredfer &GGessFna}exteRd to the tent prepert�e—E GFE)aGhments
arg�ahjert to nemnlien with all
devolepr%Rt standardds of the
6 and zoning diStri Udine T "I✓ effin Safety
�e�—mac ec�+e��-a,,,��ety
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).
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 16-78
intersection.
-3-.2. 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:
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.
N. Chaster 21.80 Mags shall be amended to include a new section as follows:
Section 21.80.070 Special Flood Hazard Area WE) Overl
VE-1 — Special Flood Hazard Overlay (PDF)
16-79