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HomeMy WebLinkAboutPC2023-022 - RECOMMENDING CITY COUNCIL ADOPT AN AMENDMENT TO TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) TO ESTABLISH THE SPECIAL FLOOD HAZARD (VE) OVERLAY DISTRICT AND MODIFY DEVELOPMENT STANDARDS FOR NEW RESIRESOLUTION NO. PC2023-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPT AN AMENDMENT TO TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) TO ESTABLISH THE SPECIAL FLOOD HAZARD (VE) OVERLAY DISTRICT AND MODIFY DEVELOPMENT STANDARDS FOR NEW RESIDENTIAL STRUCTURES LOCATED WITHIN THE SPECIAL FLOOD HAZARD AREA (PA2018-075) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On March 21, 2019, new Federal Emergency Management Agency (“FEMA”) Flood Insurance Rate Maps (“FIRMs”) went into effect for Newport Beach. The maps included the new designation of a Special Flood Hazard Area (“VE Zone”) affecting 166 beachfront properties in the West Newport area between 24th Street and 48th Street. 2. New development within the VE Zone is required to meet FEMA construction design criteria. These criteria include elevating structures with pilings, posts, piers, or columns to raise the main residential structure approximately three to five feet from existing grade. In the event of a wave attack, these structures are designed and engineered to allow water to flow below the elevated floor system without damaging the foundation or creating substantial debris. 3. Of the 166 affected properties, 27 properties are within the VE 13 Zone and require elevating structures approximately three feet above existing grade. The remaining 139 properties are within the VE 15 Zone and require elevating structures approximately five feet from existing grade. Compliance with the new VE Zone design criteria presents several challenges for new residential development to also meet the requirements of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (“NBMC”). Specifically, compliance with the VE Zone design criteria significantly limits means of access to the dwelling, as well as the usability of outdoor areas. 4. On March 26, 2019, the City Council of the City of Newport Beach (“City”) adopted Resolution No. 2019-31 initiating an amendment to Title 20 (“Zoning Code Amendment”) and Title 21 (“Local Coastal Program Amendment”) of the NBMC to modify the setback encroachment regulations for residential properties in the VE Flood Hazard Area. Specifically, the Zoning Code Amendment and Local Coastal Program Amendment are intended to resolve conflicts in the NBMC related to height allowances in setbacks that limit or eliminate access and usability of front, side, and rear yard setbacks. Planning Commission Resolution No. PC2023-022 Page 2 of 12 01-17-23 5. Resolution No. 2019-31 included the initiation of other changes to Titles 20 and 21 of the NBMC, such as parking adjustments and changes in the methodology for measuring height of a principal structure for affected properties. However, after further analysis and consideration, these potential changes were deemed unnecessary and are not included in the Zoning Code Amendment and Local Coastal Program Amendment. 6. Since adoption of the new FIRMs, the City has received three variance requests for new residential projects in the VE Zone. Each of the three requests is only for relief from the setback standards in Titles 20 and 21 of the NBMC that directly conflict with the ability to comply with FEMA’s VE Zone design criteria. Approval and implementation of the Zoning Code Amendment and Local Coastal Program Amendment would provide for easier compliance and is likely to result in fewer variance requests in the VE Zone. 7. The affected properties are categorized as RS-D (Single Unit Residential Detached) and RT (Two Unit Residential) by the General Plan Land Use Element and are located within the R-1 (Single-Unit Residential) and R-2 (Two-Unit Residential) Zoning District. The subject properties are also located within the Coastal Zone. They are categorized as RSD-D (Single Unit Residential Detached – 20.0-29.9 DU/AC) and RT-E (Two Unit Residential – 30.0 – 39.9 DU/AC) in the Coastal Land Use Plan and are located within the R-1 (Single-Unit Residential) and R-2 (Two-Unit Residential) Coastal Zoning Districts. 8. A draft of this Local Coastal Program Amendment was presented to the design community on December 2, 2021, and to affected and nearby property owners on January 19, 2022, via virtual community meetings. Staff has incorporated their comments into the proposed amendments to the extent feasible. 9. Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program (“LCP”) for that portion of the coastal zone within its jurisdiction. 10. In 2005, the City adopted the City of Newport Beach LCP Coastal Land Use Plan, as amended from time to time. 11. The California Coastal Commission effectively certified the City’s LCP Implementation Plan on January 13, 2017, and the City added Title 21 to the NBMC whereby the City assumed coastal development permit-issuing authority on January 30, 2017. 12. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 (Public Participation) (“Section 13515”), a draft of the LCP Amendment was made available and a Notice of Availability was distributed at least six weeks prior to the anticipated final action date. Planning Commission Resolution No. PC2023-022 Page 3 of 12 01-17-23 13. A public hearing was held on May 4, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”), Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and Section 13515. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Zoning Code Amendment and Local Coastal Program Amendment are not subject to the California Environmental Quality Act (“CEQA”) under Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly. 2. The Zoning Code Amendment and Local Coastal Program Amendment would also be considered exempt from CEQA pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 3. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than 20 percent (20%), which do not result in any changes in land use or density. The Zoning Code Amendment and Local Coastal Program Amendment seek to provide flexibility for potential encroachments into side, rear, and front setback areas for properties located within the VE Zone. The proposed changes to the NBMC could result in raised decks, landings, stairs, and other accessory features in the front, side, and rear setbacks for the affected properties. All changes are limited in scope and would only alter regulations for the height of accessory structures, which would not result in any changes to land use intensity or density. 4. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The affected location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the NBMC are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The Zoning Code Amendment and Local Coastal Program Amendment are consistent with the Coastal Land Use Plan, including Policy 2.7-1, which requires Planning Commission Resolution No. PC2023-022 Page 4 of 12 01-17-23 development to “maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources”. The proposed amendments would only apply to private residential single-unit and two-unit properties and does not authorize any changes to public property. The Zoning Code Amendment and Local Coastal Program Amendment do not authorize any new development that will block coastal access, nor do they change the dimensions of setbacks. Instead, it will provide flexibility in the application of height requirements for accessory structures within front, side, and rear setbacks. No changes to density or to maximum height limits of principal structures are proposed as part of this amendment. All new residential development in the VE Zone will require approval of a coastal development permit to evaluate compliance with the Coastal Act, including potential impacts to views and access related to the proposed design and location. 3. The Zoning Code Amendment and Local Coastal Program Amendment are necessary to provide parity between residential properties located in the VE Zone and typical residential properties throughout Coastal Zone. The changes will allow for raised landings, decks, patios, platforms, stairs, railings, handrails, and similar features to exceed the maximum height limits for accessory structures within front, side, and rear yard setbacks for new residential construction within the VE Zone. Typical residential properties along the beach and boardwalk can achieve seamless indoor and outdoor living with front patios along the sand or boardwalk. As of the effective date of the new FIRMs, properties in the VE Zone are no longer able to achieve this design, as their finished floors are elevated well above the beach or boardwalk. The existing residential development standards in the NBMC limit accessory structures to 42 inches maximum within the front setback. However, in the VE Zone, no patios or decks attached to the principal structure can be located below the first-floor elevation. This significantly limits outdoor living space for the affected properties. Furthermore, no direct access to the ground is provided, as the required stairs and handrails or guardrails exceed height limits in the front setback. 4. New residential construction and substantial improvements in the VE Zone are required to be elevated approximately 3 to 5 feet above existing grade and stairs are necessary to access the dwelling from the ground. Currently, the NBMC limits steps, landings, platforms, and similar features to 18 inches from existing grade in the side and rear setback. An 18-inch-high platform is not sufficient to reach the first floor of the new structure. The Zoning Code Amendment and Local Coastal Program Amendment would allow new residential construction to provide direct access to the dwelling from the side or rear setback without the need to reduce the floor area of the dwelling to accommodate the stairs. The required handrails or guardrails would also be allowed as part of the amendment to accommodate access in the side and rear setback areas. 5. With exception of the allowable setback encroachments, all future development within the VE Zone would remain consistent with unchanged applicable standards of the R-1 and R-2 Coastal Zoning Districts. These include setbacks, height, floor area limitations, and parking standards. Planning Commission Resolution No. PC2023-022 Page 5 of 12 01-17-23 6. The recitals provided in this Resolution are true and correct and are incorporated into the operative part of this Resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this action is not subject to the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly. 2. The Planning Commission also finds that this Zoning Code Amendment and Local Coastal Program Amendment are categorically exempt from the California Environmental Quality Act under Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The affected location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 3. The Planning Commission hereby recommends City Council approve an amendment to Title 20 (Planning and Zoning) of the NBMC attached hereto as “Exhibit A” and incorporated herein by reference. 4. The Planning Commission further recommends that the City Council authorize the submittal of an amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC, attached hereto as Exhibit “B” and incorporated herein by reference, to the California Coastal Commission for its review and certification. PASSED, APPROVED, AND ADOPTED THIS 4th DAY OF MAY, 2023. AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None Attachment(s): 01-17-23 Planning Commission Resolution No. PC2023-022 Page 6 of 12 Exhibit A -Zoning Code Amendment No. PA2018-075 Exhibit B -Local Coastal Program Amendment No. PA2018-075 Planning Commission Resolution No. PC2023-022 Page 7 of 12 01-17-23 EXHIBIT “A” ZONING CODE AMENDMENT NO. PA2018-075 I. Section 20.28.010 (Purposes of Overlay Zoning Districts) of the NBMC shall be amended to read as follows: E. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is intended to modify certain development standards for properties subject to special flood hazards as identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps (FIRM). II. Section 20.28.070 (SPECIAL FLOOD HAZARD AREA (VE) OVERLAY DISTRICT) of the NBMC shall be added to read as follows: Section 20.28.070 Special Flood Hazard Area (VE) Overlay District. A. Applicability. This section applies to encroachments for residential properties located in the coastal high hazard area as defined in Chapter 15.50 (Floodplain Management) and identified as VE 13 or VE 15 on the adopted FEMA FIS and FIRMs pursuant to NBMC Section 15.50.070 (Basis for Establishing the Areas of Special Flood Hazard). For purposes of this section, “encroachments” includes, and is limited to, decks, landings, patios, platforms, porches, steps, raised walkways, terraces, or similar structures for access. With the exception of the encroachments authorized herein, all development shall comply with the applicable residential development standards (e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth in the NBMC, except as modified by this section. In situations where an inconsistency occurs between the development standards related to encroachments of the underlying zoning district and the standards in this section, the standards in this section shall apply. The encroachments allowed by this section shall only apply to new construction, substantial damage, or substantial improvements pursuant to Section 15.50.200 (Coastal High Hazard Areas) for residential properties where the structure is required to raise the foundation above the design flood elevation. B. Allowed Encroachments in Side and Rear Setbacks. An encroachment may be located within a required side or rear setback area other than those abutting an alley subject to the following restrictions: 1. The design of the encroachment shall comply with the building standards set forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of either: a. NBMC Chapter 15.50 (Flood Plain Management); or b. American Society of Civil Engineers (ASCE) 24. Planning Commission Resolution No. PC2023-022 Page 8 of 12 01-17-23 2. The design shall comply with Section 20.30.110(A)(1)(c) (Access to Side Setback Area). 3. For interior lots, the encroachment may be located in one or more side or rear setbacks. There shall be no limit in the length, width, or depth of the encroachment in an interior side or rear setback. 4. For corner lots, the encroachment may be located in the interior side or rear setback. There shall be no limit in length, width, or depth of the walkway, deck, platform, or similar structure within the interior side or interior rear setback. Encroachments in a side setback facing a street may only be permitted to the minimum extent necessary to provide access to the dwelling. The encroachment shall comply with all other development standards of the underlying zoning district including Section 20.30.130 (Traffic Safety Visibility Area). 5. Excluding required guardrails or handrails, the finish surface of the encroachment shall not exceed 6 inches above the finish floor of the principal structure. 6. Guardrails and handrails in the side and rear setback areas shall consist of open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials so that at least 40 percent (40%) of the fence or wall is open. Handrails and guardrails shall not exceed the minimum height required by the CBC for safety purposes. C. Allowed Encroachments in Front Setbacks. Encroachments may be located within a required front setback area subject to the following restrictions: 1. The design of the encroachment shall comply with the building standards set forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of either: a. NBMC Chapter 15.50 (Flood Plain Management); or b. American Society of Civil Engineers (ASCE) 24. 2. For interior lots, excluding the required guardrails or handrails, the finish surface of the encroachment shall not exceed 6 inches above the finish floor of the principal structure. There shall be no limit in the length, width, or depth of the encroachment in a front setback of an interior lot. 3. For corner lots, excluding the required guardrails or handrails, the finish surface of the encroachment shall not exceed 6 inches above the finish floor of the structure. There shall be no limit in the length, width, or depth of the encroachment in a front setback adjacent to the beach or permitted Ocean Front Encroachment areas (Appendix C Ocean Front Encroachment Policy Guidelines of Title 21). Encroachments in a front setback abutting the Ocean Planning Commission Resolution No. PC2023-022 Page 9 of 12 01-17-23 Front Boardwalk may be permitted subject to compliance with all other development standards of the underlying zoning district including Section 20.30.130 (Traffic Safety Visibility Area). a. Corner lots shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, sidewalks, private driveways, and the Ocean Front Boardwalk. Notwithstanding the requirements of this subsection (C), no encroachment over thirty (30) inches in height from existing grade shall be located within the traffic visibility triangle (i.e. the triangular-shaped area on a corner lot formed by measuring the 5 feet from the intersection of the front and street side property lines adjacent to the Ocean Front Boardwalk). b. City Traffic Engineer Approval. Improvements, structures, or vegetation that exceed the allowed height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if it is determined that the location and/or height of the existing or proposed hedge, shrubbery, structure, or other obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians from a driver, bicyclists, or pedestrians approaching an intersection. D. Guardrails and handrails in the side and rear setback shall consist of open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials so that at least 40 percent (40%) of the fence or wall is open. Handrails and guardrails shall not exceed the minimum height required by the CBC for safety purposes. E. Third Floor Limitations. All residential structures shall comply with Section 20.48.180 (Residential Development Standards and Design Criteria). For purposes of determining the number of floors within the principal structure, the garage shall be considered the first-floor level. In the case of a split-level design, the Director shall determine which portions of the split-level structure shall constitute a third floor for the purpose of implementing Section 20.48.180 (Residential Development Standards and Design Criteria). III. Subsection (f) shall be added to Section 20.30.110(D)(1) (General Regulations) of the NBMC to read as follows: f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection shall apply to properties within the VE Overlay except as modified by Section 20.28.070 (VE Overlay). See Section 20.28.070 (VE Overlay) for setback regulations and additional authorized encroachments. Planning Commission Resolution No. PC2023-022 Page 10 of 12 01-17-23 Exhibit “B” LOCAL COASTAL PROGRAM AMENDMENT NO. PA2018-075 I. Section 21.28.010 (Purposes of Overlay Zoning Districts) of the NBMC shall be amended to read as follows: F. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is intended to modify certain development standards for properties subject to special flood hazards as identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps (FIRM). II. Section 21.28.070 (SPECIAL FLOOD HAZARD AREA (VE) OVERLAY DISTRICT) of the NBMC shall be added to read as follows: Section 21.28.070 Special Flood Hazard Area (VE) Overlay District A. Applicability. This section applies to encroachments for residential properties located in the coastal high hazard area as defined in Chapter 15.50 (Floodplain Management) and identified as VE 13 or VE 15 on the adopted FEMA FIS and FIRMs pursuant to NBMC Section 15.50.070 (Basis for Establishing the Areas of Special Flood Hazard). For purposes of this section, “encroachments” includes, and is limited to, decks, landings, patios, platforms, porches, steps, raised walkways, terraces, or similar structures for access. With the exception of the encroachments authorized herein, all development shall comply with the applicable residential development standards (e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth in the NBMC, except as modified by this section. In situations where an inconsistency occurs between the development standards related to encroachments of the underlying zoning district and the standards in this section, the standards in this section shall apply. The encroachments allowed by this section shall only apply to new construction, substantial damage, or substantial improvements pursuant to Section 15.50.200 (Coastal High Hazard Areas) for residential properties where the structure is required to raise the foundation above the design flood elevation. B. Allowed Encroachments in Side and Rear Setbacks. 1. The design of the encroachment shall comply with the building standards set forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of either: a. NBMC Chapter 15.50 (Flood Plain Management); or b. American Society of Civil Engineers (ASCE) 24. Planning Commission Resolution No. PC2023-022 Page 11 of 12 01-17-23 2. Design shall comply with NBMC Section 21.30.110 (A)(1)(c) (Access to Side Setback Area). 3. For interior lots, the encroachment may be located in one or more side or rear setbacks. There shall be no limit in the length, width, or depth of the encroachment in an interior side or rear setback. 4. For corner lots, the encroachment may be located in the interior side or rear setback. There shall be no limit in length, width, or depth of the walkway, deck, platform, or similar structure within the interior side or interior rear setback. Encroachments in a side setback facing a street may only be permitted to the minimum extent necessary to provide access to the dwelling. The encroachment shall comply with all other development standards of the underlying zoning district including Section 20.30.130 (Traffic Safety Visibility Area). 5. Excluding required guardrails or handrails, the finish surface of the encroachment shall not exceed 6 inches above the finish floor of the principal structure. 6. Guardrails and handrails in the side and rear setback areas shall consist of open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials so that at least 40 percent (40%) of the fence or wall is open. Handrails and guardrails shall not exceed the minimum height required by the CBC for safety purposes. C. Allowed Encroachments in Front Setbacks. 1. The design of the encroachment shall comply with the building standards set forth in 15.05.100 (Amendment to Section R301.2.4) including the provisions of either: a. NBMC Chapter 15.50 (Flood Plain Management); or b. American Society of Civil Engineers (ASCE) 24. 2. For interior lots, excluding the required guardrails or handrails, the finish surface of the encroachment shall not exceed 6 inches above the finish floor of the principal structure. There shall be no limit in the length, width, or depth of the encroachment in a front setback of an interior lot. 3. For corner lots, excluding the required guardrails or handrails, the finish surface of the encroachment shall not exceed 6 inches above the finish floor of the structure. There shall be no limit in the length, width, or depth of the encroachment in a front setback adjacent to the beach or permitted Ocean Front Encroachment areas (Appendix C Ocean Front Encroachment Policy Guidelines of Title 21). Encroachments in a front setback abutting the Ocean Front Boardwalk may be permitted subject to compliance with all other Planning Commission Resolution No. PC2023-022 Page 12 of 12 01-17-23 development standards of the underlying zoning district including Section 20.30.130 (Traffic Safety Visibility Area). a. Corner lots shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, sidewalks, private driveways, and the Ocean Front Boardwalk. Notwithstanding the requirements of this subsection (C), no encroachment over 30 inches in height from existing grade shall be located within the traffic visibility triangle (i.e. the triangular-shaped area on a corner lot formed by measuring the 5 feet from the intersection of the front and street side property lines adjacent to the Ocean Front Boardwalk). b. City Traffic Engineer Approval. Improvements, structures, or vegetation that exceed the allowed height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if it is determined that the location and/or height of the existing or proposed hedge, shrubbery, structure, or other obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians from a driver, bicyclists, or pedestrians approaching an intersection. D. Guardrails and handrails in the side and rear setback shall consist of open grillwork, wrought iron, latticework, pickets, plexiglass, or similar materials so that at least 40 percent (40%) of the fence or wall is open. Handrails and guardrails shall not exceed the minimum height required by the CBC for safety purposes. III. Subsection (f) shall be added to Section 21.30.110(D)(1) (General Regulations) of the NBMC to read as follows: f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection shall apply to properties within the VE Overlay except as modified by Section 21.28.070 (VE Overlay). See Section 21.28.070 (VE Overlay) for setback regulations and additional authorized encroachments.