HomeMy WebLinkAbout2023-37 - Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to Establish the Special Flood Hazard (VE) OverlayRESOLUTION NO. 2023-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO THE CALIFORNIA COASTAL
COMMISSION TO AMEND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH
THE SPECIAL FLOOD HAZARD (VE) OVERLAY
DISTRICT (PA2018-075)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a Local Coastal Program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach LCP Coastal
Land Use Plan, as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's LCP
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) ("Title 21") of the City of Newport Beach Municipal Code
("NBMC") whereby the City assumed coastal development permit -issuing authority on
January 30, 2017;
WHEREAS, on March 21, 2019, new Federal Emergency Management Agency
("FEMA") Flood Insurance Rate Maps ("FIRM") went into effect for Newport Beach and
includes the new designation of a Special Flood Hazard Area ("VE Zone") affecting 166
beachfront properties in the West Newport area between 24t" Street and 48t" Street;
WHEREAS, new development within the VE Zone must meet FEMA construction
design criteria including elevation of structures with pilings, posts, piers, or columns to
raise the main residential structure approximately three to five feet from existing grade so
that these structures are designed and engineered to allow water to flow below the
elevated floor system without damaging the foundation or creating substantial debris;
Resolution No. 2023-37
Page 2 of 5
WHEREAS, of the 166 affected properties, 27 properties are within the VE 13 Zone
and require elevating structures approximately three feet above existing grade while the
remaining 139 properties are within the VE 15 Zone and require elevating structures
approximately five feet above existing grade;
WHEREAS, compliance with the VE Zone design criteria presents several
challenges for new residential development to also meet the requirements of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC")
since compliance with the VE Zone design criteria significantly limits means of access to the
dwelling, as well as the usability of outdoor areas;
WHEREAS, on March 26, 2019, the City Council adopted Resolution No. 2019-
31 initiating an amendment to Title 20 ("Zoning Code Amendment") and Title 21 ("Local
Coastal Program Amendment") of the NBMC to modify the setback encroachment
regulations for residential properties in the VE Zone;
WHEREAS, since adoption of the new FIRM, the City has received three variance
requests for new residential projects in the VE Zone seeking relief from the setback
standards in Titles 20 and 21 of the NBMC that directly conflict with the ability to comply with
FEMA's VE Zone design criteria;
WHEREAS, approval and implementation of the Zoning Code Amendment and
Local Coastal Program Amendment would facilitate compliance and is likely to result in
fewer variance requests in the VE Zone;
WHEREAS, the affected properties are categorized as RS-D (Single Unit
Residential Detached) and RT (Two Unit Residential) by the General Plan Land Use
Element and are located within the R-1 (Single -Unit Residential) and R-2 (Two -Unit
Residential) Zoning Districts;
WHEREAS, the affected properties are located within the Coastal Zone with a
Coastal Land Use Plan category of RSD-D (Single Unit Residential Detached — 20.0-29.9
DU/AC) and RT-E (Two Unit Residential — 30.0 — 39.9 DU/AC) and Coastal Zoning District
designations of R-1 (Single -Unit Residential) and R-2 (Two -Unit Residential);
WHEREAS, a draft of this Zoning Code Amendment was presented to the design
community on December 2, 2021, and to affected and nearby property owners on January
19, 2022, via virtual community meetings with comments incorporated into the proposed
amendments to the extent feasible;
Resolution No. 2023-37
Page 3 of 5
WHEREAS, the Planning Commission held a duly noticed public hearing on May
4, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-022 by a unanimous vote (7 ayes, 0 nays)
recommending approval of the Zoning Code Amendment and Local Coastal Program
Amendment to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 (Public Participation), drafts of the Local Coastal Program Amendment
were made available and a Notice of Availability was distributed at least six weeks prior
to the final action date; and
WHEREAS, the City Council held a duly noticed public hearing on June 13, 2023
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council authorizes staff to submit the Local Coastal
Program Amendment as set forth in Exhibit "A," based upon the Facts in Support of Local
Coastal Program Amendment set forth in Exhibit "B," both of which are attached hereto
and incorporated by reference, to the California Coastal Commission.
Section 2: This Local Coastal Program Amendment shall not become effective
until approval by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including this Local Coastal Program Amendment, will be
carried out in full conformity with the California Coastal Act.
Resolution No. 2023-37
Page 4 of 5
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds this Local Coastal Program Amendment is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the California Code of Regulations, Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"), because it has no potential for resulting in physical
change to the environment, directly or indirectly.
The City Council also finds this Local Coastal Program Amendment is exempt
categorically from CEQA pursuant to Section 15305 under Class 5 (Minor Alterations in
Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment. The Class 5 exemption allows minor alterations in land
use limitations in areas with an average slope of less than twenty percent, which do not
result in any changes in land use or density. The Local Coastal Program Amendment seeks
to provide flexibility for potential encroachments into side, rear, and front setback areas for
properties located within the VE Zone. The proposed changes to the NBMC could result in
raised decks, landings, stairs, and other accessory features in the front, side, and rear
setbacks for the affected properties. All changes are limited in scope and would only alter
regulations for the height of accessory structures, which would not result in any changes to
land use intensity or density.
The exceptions to this categorical exemption under Section 15300.2 are not applicable. The
affected location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
Resolution No. 2023-37
Page 5 of 5
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of June, 2023.
ATTEST:
C.�= A
Leilani 1,
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE ,
'/ I U
Aaron t. Harp
City Attorney
Attachment(s): Exhibit A — Local Coastal Program Amendment (PA2018-075)
Exhibit B — Facts in Support of Local Coastal Program Amendment
(PA2018-075)
EXHIBIT "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2018-075)
Section 21.28.010 (Purposes of Overlay Zoning Districts) of the NBMC is amended to
add subsection (F) to read as follows:
F. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is
intended to modify certain development standards for properties subject to special
flood hazards as identified by the Federal Emergency Management Agency (FEMA)
in the Flood Insurance Study (FIS) for Orange County, California and Incorporated
Area with accompanying FEMA Flood Insurance Rate Maps (FIRM).
The title of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
shall be amended to read as follows:
Section:
21.28.010
Purposes of Overlay Coastal Zoning Districts.
21.28.020
Mobile Home Park (MHP) Overlay Coastal Zoning District.
21.28.030
Parking Management (PM) Overlay District.
21.28.040
Bluff (B) Overlay District.
21.28.050
Canyon (C) Overlay District.
21.28.060
Height (H) Overlay District.
21.28.070
Special Flood Hazard Area (VE) Overlay District.
Section 21.28.070 (Special Flood Hazard Area (VE) Overlay District) of the NBMC
shall be added to read as follows:
Section 21.28.070 Special Flood Hazard Area (VE) Overlay District.
A. Applicability. This section applies to encroachments for residential properties
located in the coastal high hazard area as defined in Chapter 15.50 (Floodplain
Management) and identified as VE 13 or VE 15 on the adopted FEMA FIS and
FIRM pursuant to Section 15.50.070 (Basis for Establishing the Areas of Special
Flood Hazard). For purposes of this section, "encroachments" are limited to decks,
landings, patios, platforms, porches, steps, raised walkways, or terraces required
for access. With the exception of the encroachments authorized herein, all
development shall comply with the applicable residential development standards
(e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth
in the NBMC. In situations where an inconsistency occurs between the
development standards of the underlying zoning district and the standards in this
section related to encroachments, the standards related to encroachments in this
section shall apply.
The encroachments allowed by this section shall only apply to new construction,
substantial damage, or substantial improvements to the structure pursuant to
Section 15.50.200 (Coastal High Hazard Areas) for residential properties where
the structure is required to raise the foundation above the design flood elevation.
B. Allowed Encroachments in Side and Rear Setbacks. An encroachment may be
located within a required side or rear setback area other than those abutting an
alley subject to the following restrictions:
The design of the encroachment shall comply with the building standards set
forth in Section 15.05.100 (Amendment to Section R301.2.4) and either of the
following:
a. Chapter 15.50 (Flood Plain Management); or
b. The Flood Resistant Design and Construction publication by the American
Society of Civil Engineers (ASCE 24).
2. For interior lots, the encroachment may be located in one (1) or more side or
rear setback and may extend to the property line abutting the side or rear
setback. Encroachments in an exterior side or rear setback may only be
permitted to the minimum extent necessary to provide access to the dwelling
from both the front and the rear of the property.
3. For corner lots, the encroachment may be located in the interior side or rear
setback. Encroachments in a side or rear setback facing a street may only be
permitted to the minimum extent necessary to provide access to the dwelling
from both the front and the rear of the property. The encroachment shall comply
with all other development standards of the underlying zoning district including
Section 20.30.130 (Traffic Safety Visibility Area).
4. Excluding required guardrails or handrails, the finished surface of the
encroachment shall not exceed six (6) inches above the finished floor of the
dwelling unit(s).
5. Guardrails and handrails in the side and rear setback shall be constructed of
either transparent material (except for supports) or opaque material (e.g.
decorative grillwork, wrought iron, latticework, or similar materials) so that at
least forty percent (40%) of the guardrail or handrail is open. Handrails and
guardrails shall not exceed the minimum height requirements set forth in the
California Building Code for safety purposes.
C. Allowed Encroachments in Front Setbacks.
The design of the encroachment shall comply with the building standards set
forth in Section 15.05.100 (Amendment to Section R301.2.4) and either of the
following:
a. Chapter 15.50 (Flood Plain Management); or
b. The Flood Resistant Design and Construction publication by the
American Society of Civil Engineers (ASCE 24).
2. For interior lots, excluding the required guardrails or handrails, the finished
surface of the encroachment shall not exceed six (6) inches above the finished
floor of the dwelling unit(s). A deck, balcony, patio, or terrace encroachment
shall not exceed three (3) feet into the front setback. Stairs, steps, or landing
encroachments required for access may extend to the front property line.
3. For corner lots, excluding the required guardrails or handrails, the finished
surface of the encroachment shall not exceed six (6) inches above the finished
floor of the dwelling unit(s) and may extend into the front setback adjacent to
the beach, permitted Ocean Front Encroachment areas (Appendix C Ocean
Front Encroachment Policy Guidelines of Title 21), or Ocean Front Boardwalk.
A deck, balcony, patio, or terrace encroachment shall not exceed three (3) feet
into the front setback. Stairs, steps, or landing encroachments required for
access may extend to the front property line. Encroachments are subject to
compliance with all other development standards of the underlying zoning
district including Section 21.30.130 (Traffic Safety Visibility Area).
a. Corner lots shall be developed in a manner that ensures visibility across
the corners of the intersecting streets, alleys, sidewalks, private
driveways, and the Ocean Front Boardwalk. Notwithstanding the
requirements of this subsection (C), no encroachment over thirty (30)
inches in height from existing grade shall be located within the traffic
visibility triangle (i.e. the triangular -shaped area on a corner lot formed
by measuring the five (5) feet from the intersection of the front and street
side property lines adjacent to the Ocean Front Boardwalk).
Improvements or structures that exceed the allowable height limit for
visibility in the traffic safety visibility area may be approved by the City
Traffic Engineer if he/she determines that the location and/or height of
the existing or proposed improvement or structure allows for the
unobstructed view of oncoming traffic including bicyclists, and
pedestrians by a driver, bicyclist, or pedestrian approaching an
intersection.
4. Guardrails and handrails in the front setback shall be constructed of either
transparent material (except for supports) or opaque material (e.g.
decorative grillwork, wrought iron, latticework, or similar materials) so that at
least forty percent (40%) of the guardrail or handrail is open. Handrails and
guardrails shall not exceed the minimum height requirements set forth in the
California Building Code for safety purposes.
IV. Subsection (f) shall be added to Section 21.30.110(D)(1) (General Regulations) of
the NBMC to read as follows:
f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection
shall apply to properties within the VE Overlay except as modified by Section
21.28.070 (VE Overlay). See Section 21.28.070 (VE Overlay) for setback regulations
and additional authorized encroachments.
EXHIBIT "B"
FACTS IN SUPPORT OF LOCAL COASTAL PROGRAM AMENDMENT (PA2018-075)
An amendment to Title 21 (Planning and Zoning) of the NBMC is a legislative act. There
are no required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Local Coastal Program Amendment is consistent with
the City Council's initiation and allows for orderly residential development while protecting
property rights, as identified below.
The Local Coastal Program Amendment is consistent with Coastal Land Use Plan
Policy 2.7-1 and General Plan Land Use Element Policy LU 5.1.6, which require
development to maintain appropriate setbacks for residential development to
protect the character of established neighborhoods and to protect coastal access
and coastal resources. The proposed amendments would only apply to private
residential single -unit and two -unit properties and do not authorize any changes to
public property.
2. The Local Coastal Program Amendment does not authorize any new development
that will block coastal access, nor does it change the dimensions of setbacks.
Instead, it will provide flexibility in the application of height requirements for
accessory structures within front, side, and rear setbacks. No changes to density
or to maximum height limits of principal structures are proposed as part of this
amendment. All new residential development in the VE Zone will require approval
of a coastal development permit to evaluate compliance with the Coastal Act,
including potential impacts to views and access related to the proposed design
and location.
3. Typical residential properties along the beach and boardwalk can achieve
seamless indoor and outdoor living with front patios along the sand or boardwalk.
As of the effective date of the new FIRMs, properties in the VE Zone are no longer
able to achieve this design, as their finished floors are elevated well above the
beach or boardwalk. The existing residential development standards in the NBMC
limit accessory structures to 42 inches maximum within the front setback.
However, in the VE Zone, no patios or decks attached to the principal structure
can be located below the first -floor elevation. This significantly limits outdoor living
space for the affected properties. Furthermore, no direct access to the ground is
provided, as the required stairs and handrails or guardrails exceed height limits in
the front setback. The Local Coastal Program Amendment is therefore necessary
to provide parity between residential properties located in the VE Zone and typical
residential properties throughout Coastal Zone. The changes will allow for raised
landings, decks, patios, platforms, stairs, railings, handrails and terraces to exceed
the maximum height limits for accessory structures within front, side, and rear yard
setbacks for new residential construction within the VE Zone.
4. New residential construction and substantial improvements in the VE Zone are
required to be elevated approximately three to five feet above existing grade and
stairs are necessary to access the dwelling from the ground. Currently, the NBMC
limits steps, landings, platforms, and similar features to 18 inches from existing
grade in the side and rear setback. An 18-inch-high platform is not sufficient to
reach the first floor of the new structure. The Zoning Code Amendment and Local
Coastal Program Amendment would allow new residential construction to provide
direct access to the dwelling from the side or rear setback without the need to
reduce the floor area of the dwelling to accommodate the stairs. The required
handrails or guardrails would also be allowed as part of the amendment to
accommodate access in the side and rear setback areas.
5. With exception of the changes to allowable setback encroachments, all future
development within the VE Zone would remain consistent with unchanged
applicable standards of the R-1 and R-2 Zoning Districts. These include setbacks,
height, floor area limitations, and parking standards.
EXHIBIT "B"
FACTS IN SUPPORT OF LOCAL COASTAL PROGRAM AMENDMENT (PA2018-075)
An amendment to Title 21 (Planning and Zoning) of the NBMC is a legislative act. There
are no required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Local Coastal Program Amendment is consistent with
the City Council's initiation and allows for orderly residential development while protecting
property rights, as identified below.
The Local Coastal Program Amendment is consistent with Coastal Land Use Plan
Policy 2.7-1 and General Plan Land Use Element Policy LU 5.1.6, which require
development to maintain appropriate setbacks for residential development to
protect the character of established neighborhoods and to protect coastal access
and coastal resources. The proposed amendments would only apply to private
residential single -unit and two -unit properties and do not authorize any changes to
public property.
2. The Local Coastal Program Amendment does not authorize any new development
that will block coastal access, nor does it change the dimensions of setbacks.
Instead, it will provide flexibility in the application of height requirements for
accessory structures within front, side, and rear setbacks. No changes to density
or to maximum height limits of principal structures are proposed as part of this
amendment. All new residential development in the VE Zone will require approval
of a coastal development permit to evaluate compliance with the Coastal Act,
including potential impacts to views and access related to the proposed design
and location.
3. Typical residential properties along the beach and boardwalk can achieve
seamless indoor and outdoor living with front patios along the sand or boardwalk.
As of the effective date of the new FIRMs, properties in the VE Zone are no longer
able to achieve this design, as their finished floors are elevated well above the
beach or boardwalk. The existing residential development standards in the NBMC
limit accessory structures to 42 inches maximum within the front setback.
However, in the VE Zone, no patios or decks attached to the principal structure
can be located below the first -floor elevation. This significantly limits outdoor living
space for the affected properties. Furthermore, no direct access to the ground is
provided, as the required stairs and handrails or guardrails exceed height limits in
the front setback. The Local Coastal Program Amendment is therefore necessary
to provide parity between residential properties located in the VE Zone and typical
residential properties throughout Coastal Zone. The changes will allow for raised
landings, decks, patios, platforms, stairs, railings, handrails and terraces to exceed
the maximum height limits for accessory structures within front, side, and rear yard
setbacks for new residential construction within the VE Zone.
4. New residential construction and substantial improvements in the VE Zone are
required to be elevated approximately three to five feet above existing grade and
stairs are necessary to access the dwelling from the ground. Currently, the NBMC
limits steps, landings, platforms, and similar features to 18 inches from existing
grade in the side and rear setback. An 18-inch-high platform is not sufficient to
reach the first floor of the new structure. The Zoning Code Amendment and Local
Coastal Program Amendment would allow new residential construction to provide
direct access to the dwelling from the side or rear setback without the need to
reduce the floor area of the dwelling to accommodate the stairs. The required
handrails or guardrails would also be allowed as part of the amendment to
accommodate access in the side and rear setback areas.
5. With exception of the changes to allowable setback encroachments, all future
development within the VE Zone would remain consistent with unchanged
applicable standards of the R-1 and R-2 Zoning Districts. These include setbacks,
height, floor area limitations, and parking standards.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-37 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13th day of June, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14th day of June, 2023.
PQ�,�
V;_;,..__ Leilani I. wer
?==- City Clerk
Newport Beach, California
gCIFOR�