HomeMy WebLinkAbout03 - Amending Titles 20 and 21 of the NBMC Establishing the Special Flood Hazard (VE) OverlayQ �EwPpRT
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TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
October 28, 2025
Agenda Item No. 3
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 (VE) Overlay
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance Nos. 2025-32 and 2025-
33, which amend Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC) to establish the
Special Flood Hazard Area (VE) Overlay. 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. These ordinances were introduced and
considered at the October 14, 2025, City Council meeting.
RECOMMENDATIONS:
a) 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;
b) Conduct a second reading and adopt 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
c) Conduct a second reading and adopt 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).
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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 (VE) Overlay
October 28, 2025
Page 2
DISCUSSION:
The proposed amendments would establish the Special Flood Hazard Area (VE) Overlay
(i.e., the WE Overlay") in Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the NBMC. The changes affect 166 properties located
within the VE Overlay as designated by the Federal Emergency Management Agency
(FEMA) in 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.
On June 13, 2023, the City Council introduced Ordinance No. 2023-10 to establish the
VE Overlay in Title 20 of the NBMC for the Special Flood Hazard Area (VE) 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 California Coastal Commission (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.
On July 10, 2025, the CCC approved the LCP Amendment with suggested modifications.
At October 14, 2025, City Council meeting, the City Council held a public hearing to
consider the CCC suggested modifications and unanimously voted to accept the
suggested modifications and introduced Ordinance Nos. 2025-32 and 2025-33. No further
amendments were requested. If the ordinances are adopted, the Ordinance amendment
to the LCP will be sent back to the CCC for final acceptance. Once accepted by the CCC,
the ordinances will become effective.
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 recommend 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
effect on the environment.
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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 (VE) Overlay
October 28, 2025
Page 3
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20%, 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:
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)
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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:
Lena Shumway, 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:
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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)
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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
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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.
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Attachment B
Ordinance No. 2025-33 (Title 21)
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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;
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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;
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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.
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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.
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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.
3-22
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:
Lena Shurnway, 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)
3-23
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
3-24
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).
3-25
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.
3-26
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)
3-27
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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.
3-29
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.
3-30