HomeMy WebLinkAbout3.0_Special Flood Hazard (VE) Overlay District Amendments_PA2018-075
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 4, 2023
Agenda Item No. 3
SUBJECT: Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
▪ Zoning Code Amendment
▪ Local Coastal Program Implementation Plan Amendment
SITE LOCATION: West Ocean Front properties generally located between 24th Street and
48th Street
APPLICANT: City of Newport Beach
OWNER: Various
PLANNER: Liz Westmoreland, Senior Planner
949-644-3234 or lwestmoreland@newportbeachca.gov
PROJECT SUMMARY
The City is proposing amendments to Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC)
to establish a new Special Flood Hazard (VE) Overlay District. The VE Overlay District
would modify standards for new residential development for properties designated by
the Federal Emergency Management Agency (FEMA) as being in the VE Special Flood
Hazard Area (FEMA VE Zone). New development within the VE Zone is required to
meet FEMA construction design criteria, which includes elevating the finished floor of
new residential structures approximately 3 to 5 feet above existing grade to avoid flood
hazards from potential wave action.
The proposed standards of the VE Overlay District would allow raised walkways, decks,
and stairs with necessary guardrails to encroach into the front, side, and rear setback
areas to provide reasonable use and site access. The raised decks and walkways
would be elevated similarly to the required elevated finished floor of the new home.
RECOMMENDATION
1) Conduct a public hearing;
2) Find that this action is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA
Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The action is also exempt
pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential
to a have a significant effect on the environment. The Amendments themselves do
not authorize development that would directly result in physical change to the
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environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the
adoption of a Local Coastal Program, because it has no potential to have a
significant effect on the environment; and
3)Adopt Resolution No. PC2023-022 recommending the City Council approve
PA2018-075, including the Zoning Code Amendment and the Local Coastal
Program Amendment, and authorize staff to submit the amendment to the
California Coastal Commission.
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INTRODUCTION
Background
Flood Insurance Rate Maps (FIRMs)
On March 21, 2019, new FEMA Flood Insurance Rate Maps (FIRMs) went into effect in
the City. The new maps include the designation of a Special Flood Hazard Area (VE
Zone) affecting 166 beachfront properties in West Newport, between 24th Street and
48th Street. Figure 1 below is an excerpt of the FIRM with the affected beachfront
properties identified by a red oval.
Figure 1 – FIRM for West Ocean Front and Affected Properties.
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New development within the VE Zone is required to meet FEMA construction design
criteria. This includes using pilings, posts, piers, or columns to raise the main residential
structure and maintaining an open foundation free of obstructions for those areas
located below the base flood elevation (BFE) (see Figure 2).
Figure 2 – VE Flood Zone Elevation Requirements
In the event of a wave attack, these structures are designed and engineered to allow water
to flow below the elevated floor system without damaging the foundation or creating
substantial debris. Of the 166 affected properties, 27 properties are in the “VE 13” area
and require structures to be elevated by approximately 3 feet above the existing grade.
The remaining 139 properties are in the “VE 15” area and require structures to be
elevated approximately 5 feet above the existing grade. Figure 3 below provides a map
of affected properties with the VE 13 and VE 15 designations. Figure 4 on the following
page provides a photograph of a new residential structure under construction with a
raised foundation and Figure 5 provides an exhibit with the raised foundation.
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Figure 3 – Map of Affected Properties
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Figure 4 – Residence previously under construction at 3807 Seashore Drive
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Figure 5 –Section of Raised Foundation
Compliance with the new VE Zone design criteria presents several challenges for new
residential development to also meet the requirements of Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC). Specifically, the VE Zone design criteria significantly limit
means of access to the dwelling, as well as the usability of outdoor areas. The proposed
amendments seek to remedy the challenges related to access and usability of outdoor
areas.
VE Flood Zone - Community Meeting
On March 14, 2019, City staff hosted a community meeting with the property owners in
the affected VE Flood Hazard Area, nearby residents in West Newport, and the design
community. The purpose of this meeting was to explain the new FIRMs and design
criteria, and to share development standards in Title 20 and Title 21 that may need to
be amended to accommodate FEMA compliant designs. Items discussed included
challenges of providing enclosed parking space requirements below the base flood
elevation and challenges providing access to and from the existing grade to the
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elevated structures. Most comments received were related to concerns with insurance
coverage, increased construction cost, compatibility of building designs with the
neighborhood, and site access.
Code Amendments
On March 26, 2019, the City Council adopted Resolution No. 2019-31 initiating an
amendment to Title 20 and Title 21 of the NBMC to modify the setback encroachment
regulations for residential properties in the VE Flood Hazard Area (Attachment No. PC
2). Specifically, the proposed amendment is intended to resolve conflicts in the NBMC
related to height allowances in setbacks that limit or eliminate access and usability of
front, side, and rear setbacks.
Resolution No. 2019-31 included the initiation of other changes to Titles 20 and 21 of
the NBMC, such as potential parking adjustments and changes in the methodology for
measuring height of a principal structure for affected properties. However, after further
analysis and consideration, these potential changes were deemed unnecessary and are
not included. For example, the issue of enclosed parking below the BFE was resolved
using Building Code and FEMA-compliant alternative materials that break away during a
storm event. In other words, garages will continue to be required but will be constructed
differently.
Public Engagement
The proposed amendments were presented to the design community on December 2,
2021, and to affected and nearby property owners on January 19, 2022, via virtual
community meetings. The recommended allowance for site access encroachments into
the front and side setbacks were generally supported. However, several residents
raised concerns with respect to maintaining the privacy of adjacent properties, sight
distance and safety impacts for corner-lot properties, and visual impacts for properties
located behind VE properties.
The proposed code amendments contained in the draft resolution incorporate language
that is responsive to and addresses the comments from the public to the greatest extent
practicable. Each concern and how it has been addressed is detailed below under the
“Community Concerns” section of this report.
City Council - Study session
A study session was held with the City Council on July 26, 2022, to discuss the
proposed amendments and provide exhibits showing the potential design of new
residential structures built in compliance with the VE Zone requirements (Attachment
No. PC 3). The exhibits showed the anticipated conditions or designs with and without
the proposed code amendment. Affected owners in the VE Zone and owners within the
vicinity of the VE Zone were provided a courtesy notice of the public meeting and a City
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“Newsplash” was posted online. At the conclusion of the study session, the City Council
directed staff to complete the code amendments allowing maximum utility of setback
areas and to prepare the draft language for review by the Planning Commission.
DISCUSSION
The amendments are necessary to provide parity between residential properties located
in the VE Zone and typical residential properties throughout Coastal Zone. With
exception of the allowable setback encroachments described below and in the attached
draft code, all future development within the VE Zone would remain consistent with
unchanged applicable standards of the R-1 and R-2 Coastal Zoning Districts. These
include setbacks, height, floor area limitations, and parking standards.
Front Setbacks
Issue
Typical residential properties along the beach and boardwalk can achieve seamless
indoor and outdoor living with front patios along the sand or boardwalk. As of the
effective date of the new FIRMs, properties in the VE Zone are no longer able to
achieve this design, as their finished floors are elevated well above the beach or
boardwalk. The existing residential development standards in the NBMC limit accessory
structures to 42 inches maximum within the front setback. However, in the VE Zone, no
patios or decks attached to the principal structure can be located below the elevated
first-floor. This significantly limits outdoor living space for the affected properties.
Furthermore, no direct access to the ground is provided, as the required stairs and
handrails or guardrails exceed allowable height limits in the front setback.
Solution
The proposed changes will allow for raised landings, decks, patios, platforms, stairs,
railings, handrails, and similar features to exceed the maximum height limits for
accessory structures within front yard setbacks for new residential construction within
the VE Zone. Plans are provided in Attachment No. PC 4. A simulation is provided
below that highlights the proposed front yard encroachments in red (Figure 6). Figure 7
is provided to show the existing standards for front yard setbacks versus the proposed
standards.
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Figure 6 – Simulation of VE Compliant Design with Proposed Code Amendments
Figure 7 – Existing Versus Proposed Front Setback Height Allowances
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Side and Rear Setbacks
Issue
As previously described, new residential construction and substantial improvements in
the VE Zone are required to be elevated approximately 3 to 5 feet above existing grade
and stairs are necessary to access the dwelling from the ground. Currently, the NBMC
limits steps, landings, platforms, and similar features to 18 inches from existing grade in
the side and rear setback. An 18-inch-high platform is not sufficient to reach the first
floor of the new structure.
Solution
The proposed changes would allow new residential construction to provide direct
access to the dwelling from the side or rear setback without the need to reduce the floor
area of the dwelling to accommodate the stairs. Plans are provided in Attachment No.
PC 4. The required handrails or guardrails would also be allowed as part of the
amendment to accommodate access in the side and rear setback areas. Figure 8 is a
side elevation of a raised walkway with a guardrail and stairs in the side yard setback,
Figure 9 is a rear elevation of proposed side encroachments, and Figure 10 shows a
section view of the same side yard encroachments.
Figure 8 – Elevation of Side Yard with Proposed Amendments
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Figure 9 – Rear Elevation of Side Yard with Proposed Amendments
Figure 10 – Section of Side Yard Encroachments with Proposed Amendments
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Variances
Since adoption of the new FIRMs, the City has received three variance requests for new
residential projects in the VE Zone. Each of the three requests is only for relief from the
setback standards in Titles 20 and 21 of the NBMC that directly conflict with the ability
to comply with FEMA’s VE Zone design criteria. Approval and implementation of the
proposed amendments would provide for easier compliance and is likely to result in
fewer variance requests in the VE Zone.
Community Concerns
Throughout the outreach process, the design community and the affected property
owners have been generally accepting of the proposed amendments, but some
concerns were raised regarding privacy, the flow of light to neighboring properties, as
well as possible visual impacts for properties behind the VE Zone (i.e., the second and
third rows of homes behind the beach). The City cannot waive FEMA’s design criteria.
However, staff is seeking to address concerns related to the proposed code amendment
pertaining to setback encroachments.
Therefore, in response to the concerns, staff has included provisions in the draft code
language to ensure that any guardrails or handrails that are required for safety purposes
are designed to be open style construction so that they are at least 40-percent open
throughout. Therefore, the tallest features (i.e., guardrails and handrails) in the side or
front setbacks would be glass, plexiglass, lattice, wrought iron, or other similar material
that would allow light to pass through to the adjacent neighbors.
Visual impacts have been assessed using 3D models to compare hypothetical
residential structures with and without the encroachment areas. Figure 11 below shows
the difference between a potential new residential structure that was built with
encroachments, and one that was built based on the existing code prior to any
amendments1. The existing NBMC allows for fences and walls to reach 6 feet from
existing grade within side and rear setbacks, and the proposed amendments could
result in a guardrail that is approximately 3 or 4 feet higher than a potential wall or
fence. Therefore, a typical person standing along Seashore Drive (i.e., behind the VE
Zone properties) would not have a view through the side yards of the property under
existing conditions. The additional 3 or 4 feet of glass or other open style guardrail
would minimize the impact on public or private views from this vantage point.
Approximately half of the affected properties in the VE Zone are adjacent to the West
Ocean Front Boardwalk, while the other half of properties are adjacent to the beach
where the Local Coastal Program allows for private patios to encroach. The NBMC
currently allows for balconies to encroach up to 3 feet into the front yard setback for
properties along East and West Ocean Front. The proposed code amendments would
1 Both structures in the 3D model have been designed in compliance with FEMA’s design criteria.
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allow a deck or balcony to encroach all the way to the front property line, which results
in an encroachment of 2 additional feet2. The additional 2 feet would not be significant in
the context of the approximately 300-foot-wide beach that borders the affected
properties. Additionally, most of the existing properties that border the beach have
existing private patio encroachments along West Ocean Front, which would reduce of
soften the appearance of the structure’s bulk and scale.
Figure 11 – Renderings without and with Proposed Encroachments
2 Most if not all of the affected properties in the VE Zone have a 5-foot front setback.
Without Encroachments
With Encroachments
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For roughly half of the properties adjacent to the West Ocean Front Boardwalk, the
existing NBMC allows for fences and walls to reach 42 inches from existing grade along
the front property line. The proposed amendments would allow a balcony, deck, or stair
to front the boardwalk and the associated safety railings or handrails to reach
approximately 8 or 9 feet from existing grade. The required guardrails or handrails
would be required to remain 40 percent open to allow the flow of light and reduce the
appearance of bulk and scale from the boardwalk. The additional 2 feet of
encroachment in the front setback would not be significant.
Attendees also expressed concerns regarding visibility for pedestrians and cyclists
using the boardwalk. Therefore, staff has included standard language in the code
amendment that regulates visibility at the corners of two intersections. The language is
typically applied to properties where driveways or streets intersect, but the logic may be
applied to pedestrians and cyclists as well. The draft code language requires that corner
lots are developed in a manner that ensures visibility across the corners of the
intersecting streets, alleys, sidewalks, private driveways, and the Ocean Front
Boardwalk. With that in mind, no encroachments over 30 inches in height from existing
grade would be located within the traffic visibility triangle (i.e. the triangular-shaped area
on a corner lot formed by measuring the 5 feet from the intersection of the front and
street side property lines adjacent to the Ocean Front Boardwalk). Figure 12 shows an
example of a traffic visibility triangle. The draft code also notes that all encroachments
on corner lots must be reviewed by the Public Works Department for compliance and
that encroachments may not be feasible on all corner lots.
Figure 12 – Visibility Triangle for Intersections of Street and Boardwalk
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Summary and Alternatives
In summary, compliance with the new VE Zone design criteria presents several
challenges for new residential development and significantly limits means of access to
the dwelling as well as the usability of outdoor areas. The proposed amendments seek
to remedy the challenges related to access and usability of outdoor areas and provide
parity between residential properties in VE Zone and typical residential properties.
If the Planning Commission does not agree with staff’s recommendation, the following
alternatives are available:
1. The Planning Commission may suggest specific changes that are necessary to
alleviate concerns. If any requested changes are substantial, the item should be
continued to a future meeting to allow a redesign or additional analysis. Should
the Planning Commission choose to do so, staff will return with a revised
resolution incorporating new language.
2. The Planning Commission may recommend denial of the suggested code
amendments. Should the amendments be denied, new residential structures in
the VE Zone will be required to comply with the existing code provisions
pertaining to setback encroachments. Denial of the proposed amendment would
effectively eliminate use of the front and side yard setback areas.
Environmental Review
This action is not subject to the California Environmental Quality Act (“CEQA”) under
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in a
physical change to the environment, directly or indirectly.
This action would also be considered exempt from CEQA pursuant to Section 15305
under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no
potential to have a significant effect on the environment.
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20 percent (20%), which do not result in any changes in land
use or density. The proposed amendment seeks to provide flexibility for potential
encroachments into side, rear, and front setback areas for properties located within the
VE Zone. The proposed changes to the NBMC could result in raised decks, landings,
stairs, and other accessory features in the front, side, and rear setbacks for the affected
properties. All changes are limited in scope and would only alter regulations for the
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height of accessory structures, which would not result in any changes to land use
intensity or density.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The affected location does not impact an environmental resource of hazardous or
critical concern, does not result in cumulative impacts, does not have a significant effect
on the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the properties in the VE Special Flood Hazard Area
(excluding intervening rights-of-way and waterways) and posted near the end of the
properties in the VE Special Flood Hazard Area at least 10 days before the scheduled
meeting, consistent with the provisions of the NBMC. Additionally, the item appeared on
the agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by: Submitted by:
______________________________
Liz Westmoreland, Senior Planner
BMZ\law
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Council Resolution No. 2019-31
PC 3 3D Renderings
PC 4 Plans
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2023-022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING
CITY COUNCIL ADOPT AN AMENDMENT TO TITLE 20
(PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) TO ESTABLISH THE
SPECIAL FLOOD HAZARD (VE) OVERLAY DISTRICT AND
MODIFY DEVELOPMENT STANDARDS FOR NEW
RESIDENTIAL STRUCTURES LOCATED WITHIN THE
SPECIAL FLOOD HAZARD AREA (PA2018-075)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On March 21, 2019, new Federal Emergency Management Agency (“FEMA”) Flood
Insurance Rate Maps (“FIRMs”) went into effect for Newport Beach. The maps included
the new designation of a Special Flood Hazard Area (“VE Zone”) affecting 166
beachfront properties in the West Newport area between 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.
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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.
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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
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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.
24
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:
NOES:
ABSTAIN:
ABSENT:
25
Planning Commission Resolution No. PC2023-022
Page 6 of 12
01-17-23
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Sarah Klaustermeier, Secretary
Attachment(s): Exhibit A – Zoning Code Amendment No. PA2018-075
Exhibit B – Local Coastal Program Amendment No. PA2018-075
26
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.
27
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
28
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.
29
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.
30
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
31
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.
32
Attachment No. PC 2
Council Resolution No. 2019-31
33
INTENTIONALLY BLANK PAGE34
RESOLUTION NO. 2019-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND
ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
HEIGHT MEASUREMENT, ACCESSORY STRUCTURES
AND RESIDENTIAL OFF-STREET PARKING
REQUIREMENTS FOR PROPERTIES LOCATED IN THE
VE SPECIAL FLOOD HAZARD AREA (PA2018-075)
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020
provides that the City Council of the City of Newport Beach ("City Council") may initiate
an amendment to Title 20 with or without a recommendation from the Planning
Commission;
WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal
Program" requires amendments to the City of Newport Beach certified Local Coastal
Program codified in NBMC Title 21 to be initiated by the City Council; and
WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to
modify regulations relating to height measurement, accessory structures and residential
off-street parking requirements for properties located in VE Special Flood Hazard Area
designated by the Federal Emergency Management Agency ("FEMA") Flood Insurance
Rate Maps.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to NBMC Title 20
Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to
modify regulations relating to the method of height measurement of buildings and
accessory structures, allowed encroachments into required setback areas and parking
standards for residential uses for properties located in the VE Special Flood Hazard
Area.
Section 2: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. 35
Resolution No. 2019-31
Page 2 of 2
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is
categorically exempt pursuant to Title 14 California Code of Regulations, Section
15262 (Feasibility and Planning Studies) Guidelines for Implementation of the
California Environmental Quality Act ("CEQA"). Section 15262 exempts projects
involving feasibility or planning studies for possible future actions which the agency,
board, or commission has not approved or adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 26th day of March, 2019.
ATTEST:
c
Leilani I. Brown .
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C,42- Aar n C. Harp
Cit Attorney
Diarfe"B. Dixon
Mayor
36
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-31 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 26th day of March, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Mayor Pro Tem Will O'Neill, Mayor Diane
Dixon
NAYS: None
RECUSED: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of March, 2019.
r
Leilani I. Br wn
City Clerk
Newport Beach, California
37
INTENTIONALLY BLANK PAGE38
Attachment No. PC 3
3D Renderings
39
INTENTIONALLY BLANK PAGE40
41
42
43
44
45
46
47
INTENTIONALLY BLANK PAGE48
Attachment No. PC 4
Plans
49
INTENTIONALLY BLANK PAGE50
UP
UPDN
DN
UPTYP.FOOTPRINT
OF BLDG.
5' - 0"
FYSB
EXISTING 2-STORY BLDG.
EXISTING 1-STORY BLDG.
BEACH ALLEY
DECK 3' - 0"CLR.3' - 0"CLR.3' - 0"SYSB3' - 0"SYSBELEV.
19' - 0" MIN. GARAGE
ELEC. PANEL
OPEN RISER STAIR & GUARD
LANDING & ENTRY ABV. BFE.
RAISED WALKWAY & DECK IN
SETBACK
CITY OF NEWPORT BEACH | FLOOR PLAN
SIDE YARD:
- FULL ENCROACHMENT ON BOTH SIDES
- RAISED WALKWAY WITH GUARDRAILS
- STEPS/STAIRS FOR ACCESS TO GROUND
FRONT YARD:
- FULL ENCROACHMENT
- RAISED DECK WITH GUARDRAILS FROM LOWEST FLOOR
- STEPS/STAIRS FOR ACCESS TO GROUND
30” access gate &
5’x5’ corner cut off
51
2
52
3
53
MAX. RIDGEHEIGHT 46.50'
SECOND FLOOR (TYP.)
28.08'
THIRD FLOO R (TYP.)
37.86'
MAXFLAT 41.50'
PL PL
THIRD FLOOR DECK
TYP. 2-STORY
VE ZONE BLDG.
BEACH
FIRST FLOOR(T.O.S.)
17.50'
DESIGN FLOODELEV. 16.00'
B.F.E. 15.00'
TYP. GRADE 12.00'
GLASS GUARDRAIL
TYP. BREAKAWAY PANEL CONSTRUCTION 3' - 6"MIN.6' - 0"
TYP. EXISTING 6' BLOCK WALL CONDITIONGATE -ONSITE ALLEY15' - 0"
THIRD FLR. SETBACK
8' - 10"
EXISTING PL WALL CONDITION
RAISED WALKWAY & DECK IN
SETBACK
CITY OF NEWPORT BEACH | SIDE ELEVATION - WALL CONDITION
54
5
Cross-section to show typical floor system with NO raised walkways on both sides
55
INTENTIONALLY BLANK PAGE56
From:Lee, Amanda
To:Westmoreland, Liz
Cc:Rodriguez, Clarivel
Subject:FW: Special Food Hazard (VE) Overlay Code Amendments
Date:May 01, 2023 10:45:41 AM
From: Victoria Sandoval <outlook_A2DC20CB18129392@outlook.com>
Sent: May 01, 2023 10:25 AM
To: Lee, Amanda <ALee@newportbeachca.gov>; rgarciamay@newportbeachca.gov
Subject: Special Food Hazard (VE) Overlay Code Amendments
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
With regard to subject proposed amendments:
What criteria will be used to determine whether elevation can be 3, 4, or 5 feet for new
construction?
Will increased elevation permit exceeding the current height restrictions by the same amount?
Thank you for the opportunity to comment.
Sent from Mail for Windows
Planning Commission - May 4, 2023 Item No. 3a - Additional Materials Received Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Planning Commission Meeting - May 4, 2023 Item No. 3b - Additional Materials Received Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
From:Janet Brown
To:Planning Commissioners
Cc:Westmoreland, Liz
Subject:Special Flood Hazard Overlay Code Amendment (PA2018-075)
Date:May 03, 2023 12:27:06 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
To Members of the Newport Beach Planning Commission:
I have read the staff report regarding the proposed code amendment, and appreciate the analysis staff has given toaddress the issues.
My concern relates to the proposal to allow a deck or balcony to encroach all the way to the front property line inthe required front yard setback. The existing code allows decks and balconies to encroach 3 feet into the typical 5-foot front yard setback.
We own a duplex on the boardwalk and completed construction in 2017. Allowing decks and patios to encroach tothe front property line would have a significant visual impact on our home and on adjacent properties which havebeen developed to current standards.
Such an encroachment would not be consistent with the character of established decks and patios along theboardwalk and ocean front. Furthermore, new development can still achieve a seamless indoor and outdoor livingspace with decks and patios that encroach 3 feet into the front setback.
I respectfully request that the Planning Commission retain the existing development standard which allows decksand balconies to project a maximum of 3 feet into the required front yard setback.
Thank you for your consideration.
Sincerely,Janet Brown
Sent from my iPad
Planning Commission - May 4, 2023 Item No. 3c - Additional Materials Received Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
From:Grant Dietz
To:Planning Commissioners
Subject:Special Flood Hazard, VE-13
Date:May 04, 2023 2:31:14 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Planning Commissioners,
My home at 107 27th St. is directly behind four oceanfront cottages, all eventually headed
toward new construction. The city and FEMA’s new rules affect me to an unbelievable extent.
The additional height, size and potential encroachment into the set-backs will reduce my light,
ocean sound, breeze, and views.
Please mandate “cutouts” for elevated access to oceanfront properties rather than allowing
them to build into the setbacks.
I understand that FEMA and our city do not want to infringe on personal property rights of
home owner’s. But, how is it that oceanfront rights are protected, but the rest of us down
the street must suffer massive structures to our view side. And, somehow “wave action” and
high water levels won’t get to my home?
All of these new rules will permanently alter the character of our community. Drive 20
minutes north to Surfside Beach to see what we shall be as these monstrosities are built along
our coast. The Sunset Beach communities have allowed oceanfront homes to completely
block everyone else.
(And they don’t even allow building into setbacks.)
Thank you for your delicate consideration of this matter. Please forward this email to all
parties responsible for these changes.
I am available to discuss further at your convenience.
Sincerely,
Grant G. Dietz
Sr. Financial Consultant Pacific Mortgage Bankers
18851 Bardeen Avenue
Irvine, CA 92612
949.637.2008 CA DRE 01079680
949.265.9031 Fax NMLS 253390 & 337588
Planning Commission - May 4, 2023 Item No. 3d - Additional Materials Received After Deadline Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
"A referral is guiding someone you care about, to someone you trust"
Planning Commission - May 4, 2023 Item No. 3d - Additional Materials Received After Deadline Special Flood Hazard (VE) Overlay District Amendments (PA2018-075)
Special Flood Hazard Overlay (VE) Zone -Code Amendments
Planning Commission, Public Hearing
May 4, 2023
Liz Westmoreland, Senior Planner
Overview
•Proposed amendments for 166 specific properties located in a special flood hazard area
•Complex building requirements in this area
•Code amendments are intended to resolve two
conflicts between the building and zoning codes
•Amendments are recommended to provide parity with typical residential properties
2Community Development Department
3
FEMA Flood Map
4
Where is the “VE Zone”
•West Ocean Front
•Generally located between 24th Street and 48th
Street
•Designated by FEMA as “VE-13 and VE-15” Flood
Zones
5Community Development Department
Affected West Ocean Front Properties
6
Why is the “VE” Zone Unique?
7
What does this mean for new construction?
Non-VE Zone Design VE Zone Compliant Design
8
9
New Construction Challenges
•Site access (entry & stairs):
•Current code limits size and location
•Must be located within buildable area resulting reduction of approx. 55 sf. floor area on main level
•Use of setback areas:
•Loss of indoor/outdoor experience
•Shallower deck -limited to 3 feet in depth
•No direct access to beach or ground
11
Site Access Challenges
42-inch height limit
18-inch height limit
AccessAccess
12
Why Amend the Code?
•To provide maximum utility and convenience for the property owner
•Limit the number of variances filed with the Planning Commission
13
Proposed Amendments
Allow raised walkways, decks, and stairs (with guardrails) to fully encroach into the front, side, and rear yard setback areas in order to provide:
1. Access to the house from the ground (including direct access to beach); and
2. Provide more usable outdoor space
14
15
Full Encroachment Locations
Potential full encroachment locations highlighted in blue
16
Full Encroachment Locations
Potential full encroachment locations highlighted in blue
17
Full Encroachment Locations
Elevation from Side of Property
18
Community Outreach
Citywide & design community -04/08/19
Design community -12/2/21
Affected & nearby residents -01/19/22
Study Session with City Council –7/26/22
Community Comments
General support
Concerns with privacy to adjacent homes
Sight distance & safety impacts for corner-lot properties
Visual impacts for homes behind
19Community Development Department
Comparison -Beach Front
No Code Amendment Code Amendment or Variance
Stairway access
to beach
5-ft deep raised deck &
3-ft walkway w/ railings
No access to beach &
3-ft deep deck w/
railings
20
Comparison –Beach At Corner
No Code Amendment Code Amendment or Variance
3-ft deep
raised deck
w/ railings
Entry stairs
inside building
footprint
Stair access
to ground
and beach
3-ft
walkway &
railings to
entry
21
5-ft deep
raised
deck
w/railings
22
Summary
•Full encroachments of decks, landings, patios, and
required safety railings in setbacks
•Not changing the VE Zone requirements
•Making it easier to access the home and provide a
walkway like typical properties
23
Recommended Action and Next Steps
•Conduct a Public Hearing
•Find Exempt from CEQA
•Approve Resolution to Recommend the City Council Adopt the Amendments
•City Council Review
•If approved -City will submit to the CCC for review
24Community Development Department
25
Questions and Discussion
Liz Westmoreland, Senior Planner
949-644-3234
Planning Commission, Public Hearing
May 4, 2023