HomeMy WebLinkAbout2005-4 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code Relating to Elevation Datum Reference (Code Amendment 2005-047)ORDINANCE NO. 2005 -4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20
OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO
ELEVATION DATUM REFERENCE [CODE AMENDMENT 2005-
047]
WHEREAS, on March 8, 2005, the City Council initiated an amendment to Title 20 of the City
of Newport Beach Municipal Code to change the elevation datum reference; and
WHEREAS, the City is amending the Fire and Building Codes of the Newport Beach
Municipal Code to change the elevation datum reference from the National Geodetic Vertical Datum
(NGVD) to the North American Vertical Datum (NAVD) to be consistent with the datum used in the
revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) and related
Flood Insurance Rate Maps (FIRMs) for Orange County; and
WHEREAS, several sections of the Zoning Code contain height regulations that are
referenced to 6.27 feet above mean sea level using the NGVD, which need to be amended to
change the elevation datum reference from the NGVD to NAVD, to be consistent with the Fire and
Building Codes; and
WHEREAS, on April 7, 2005, the Planning Commission of the City of Newport Beach held a
duly noticed public hearing regarding this code amendment; and
WHEREAS, the Planning Commission voted unanimously to recommend approval of this
code amendment to the City Council; and
WHEREAS, on April 12, 2005, the City Council of the City of Newport Beach held duly
noticed public hearings regarding this code amendment; and
WHEREAS, The proposed action is not defined as a project under the California
Environmental Quality Act (CEQA) because it involves general policy and procedure making
activities not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
1
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Sections 20.03.030, 20.42.050, 20.43.050, 20.60.070, and 20.65.030 of Title
20 of the Newport Beach Municipal Code shall be amended as provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on April 12, 2005, and adopted on the 26th day of April, 2005, by the following
vote, to wit:
AYES, COUNCIL MEMBERS Heffernan, Rosansky,
Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
CITY CLERK
2
Proposed Revisions to Title 20
Section 20.03.030
NAVD 88: (See North American Vertical Datum of 1988).
North American Vertical Datum of 1988 (NAVD 88): A fixed reference for
elevations determined by geodetic leveling created by the National Geodetic
Survey,
Section 20.42 050 Reg G
(G) SP -5 (RMC) District. Bulkhead setback shall provide for the minimum
public access required herein along the bulkhead. Additional building
setbacks may be required by the Planning Commission in granting a use
permit or site plan review approval.
All bulkheads shall be constructed to an elevation of 9 feet above mean
low water level (8.67 NAVD 88).
Section 20.42.050, Rea J
(J) For the purpose of measuring height, the grade shall be natural grade, or
9 feet above mean low water level (8.67 NAVD 88), whichever is higher.
Section 20.42.050 Re-q. K
(K) SP -5 (RMC) District. Finished floor elevation for all new structures or
addition to an existing structure(s) other than floor area used for parking,
shall be 9 feet above mean low water level (8.67 NAVD 88).
Section 20.43.050, Reg. F
(F) Finished floor elevation for all new structures or addition to an existing
structure other than floor area used for parking, shall be 9 feet above
mean low water level(8.67 NAVD 88).
Section 20.43.050, Reg H
(H) The height limit for all buildings and other structures on a site within the
SP -6 (SR), SP -6 (RMC) and SP -6 (RSC) districts shall be 26 feet. For
structures constructed with the ground floor at or above 9 feet above
mean low water(8.67 NAVD 88), the height limit shall be the greater of 26
feet above the high water line or 26 feet above the site elevation. This
height limit may be exceeded, up to a maximum height of 35 feet, with a
EXHIBIT A
CA 2005 -003
use permit, provided that the Planning Commission, in granting such use
permit, finds that all the following criteria are met:
Section 20.60.070 (A)
A. Bulkheads. All bulkheads shall be constructed to an elevation of 9
feet above mean low water(8.67 NAVD 88).
Section 20.65.030 (13-2)
2. Flood Hazard Areas. The height shall be measured from the
finished floor of any portion of the principal building where
habitable space is required to be elevated to the elevation
established by the Flood Insurance Rate Maps recognized
by the Building Department as part of flood safety
requirements and maps adopted by City Council.
Notwithstanding the building elevations established by the
Flood Insurance Rate Maps, the minimum required first floor
finished floor elevation for the interior living areas of all new
structures shall be at least 8.67 (NAVD 88) consistent with
the Public Works Department standard for bulkhead
elevation.
EXHIBIT A
CA 2005 -003
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 2005 -4 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th
day of April 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of April 2005.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2005 -4 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 daily
newspaper of general circulation on the following date, to wit: April 30, 2005.
In witness whereof, I have hereunto subscribed my name this day of
2005. 2 l /
City Clerk
City of Newport Beach, California