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Home My WebLink AboutAmend Zoning Code-Elevation Datum Ref. (PA2005-047)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 April 7, 2005 TO: PLANNING COMMISSION FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palford(cacity. newport- beach. ca. us SUBJECT: Code Amendment 2005 -003 Elevation Datum Reference (PA 2005 -047) ISSUE: Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to change the elevation datum reference? RECOMMENDATION: Adopt the attached resolution recommending approval of Code Amendment No. 2005- 003 to the City Council. DISCUSSION: Background: On February 22, 2005, the City Council directed staff to proceed with numerous amendments to the Fire and Building Codes of the Municipal Code. These amendments included a change in the elevation datum reference from the National Geodetic Vertical Datum (NGVD) to the North American Vertical Datum (NAVD) to be consistent with the datum used in the revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) and related Flood Insurance Rate Maps (FIRMs) for Orange County. Several sections of the Zoning Code (Title 20 NBMC) contain height regulations that are referenced to 6.27 feet above mean sea level using the NGVD. These sections should be amended to change the elevation datum reference from the NGVD to NAVD, to be consistent. The City Council initiated the proposed amendment on March 8, 2005. Elevation Datum Reference Amendment April 7, 2005 Page 2 Introduction: In the most general sense, a datum is any set of numeric or geometric constants from which other quantities, such as coordinate systems, can be defined. The datum in question is a vertical datum, a level surface from which elevations are reckoned. Both the NGVD and the NAVD are referenced to mean sea level. However, the older NGVD is considered outdated because of geologic changes to the earth's surface. These changes are due to subsidence and uplift or gradual changes in sea level. Also, the NGVD is considered flawed because of erroneous assumptions that mean sea level at different tidal stations represented the same elevation (zero). The County of Orange, Caltrans, and Federal Emergency Management Agency (FEMA) use the more accurate NAVD, and it is recommended by the American Congress on Surveying and Mapping and Federal Geodetic Control Subcommittee. Analysis: The affected sections of the Zoning Code contain height regulations for bulkheads and other waterfront structures, which are referenced to 6.27 feet above mean sea level. Although mean sea level is not specifically referenced to the NGVD in the Zoning Code, other City documents define mean sea level by referencing the NGVD. The proposed amendment will replace the phrase "6.27 feet above mean sea level" with "8.67 feet NAVD 88." A definition for the NAVD will also be added. This will keep the Zoning Code consistent with pending parallel changes to the Building and Fire Codes. It is important to stress that while the absolute difference between the NGVD and the NAVD in Orange County is 2.4 feet, it will not cause the height of structures to increase or decrease. Elevations are relative to vertical datum. Therefore, the height limits and requirements will not be affected. Environmental Review: The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure- making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). Public Notice: Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Patrick J. AI rd Senior Planner Attachments: 1. Draft resolution. Elevation Datum Submitted by: Reference Amendment April 7, 2005 Page 3 a-(;IrA"LL Patricia L. Temple Planning Director RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2005-003 (PA 2005 -047) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, on March 8, 2005, the City Council initiated an amendment to Title 20 of the City of Newport Beach Municipal Code to change the elevation datum reference; and WHEREAS, a public hearing was held on April 7, 2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, The Planning Commission finds as follows: 1. The City will amend the Fire and Building Codes of the Newport Beach Municipal Code to change the elevation datum reference from the National Geodetic Vertical Datum (NGVD) to the North American Vertical Datum (NAVD) to be consistent with the datum used in the revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) and related Flood Insurance Rate Maps (FIRMs) for Orange County. 2. Several sections of the Zoning Code contain height regulations that are referenced to 6.27 feet above mean sea level using the NGVD, which need to be amended to change the elevation datum reference from the NGVD to NAVD, to be consistent with the Fire and Building Codes. 3. The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2004 -002 to revise Sections 20.03.030, 20.42.050, 20.43.050, 20.60.070, and 20.65.030 of Title 20 of the Newport Beach Municipal Code as provided in Exhibit A. A City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 PASSED, APPROVED AND ADOPTED THIS 7th DAY OF April 2004. AYES: NOES: 3'A Earl McDaniel, Chairman BY: Michael Toerge, Secretary h Proposed Revisions to Title 20 Section 20.03.030 NAVD 88: (See North American Vertical Datum of 1988). North American Vertical Datum of 1988 (NAVD 88): A fixed reference for elevations determined by ooedetic leveling created by the National Geodetic Survey. Section 20.42.050, Rea. G (G) SP -5 (RMC) District. Bulkhead setback shall provide for the minimum public access required herein along the bulkhead. Additional building setbacks may be required by the Planning Commission in granting a use permit or site plan review approval. All bulkheads shall be constructed to an elevation of 9 feet above mean low water level 8.67 NAVD 88). Section 20.42.050, Rea. J (J) For the purpose of measuring height, the grade shall be natural grade, or 9 feet above mean low water level (6." feet above mean eYet)(8 67 NAVD 88), whichever is higher. Section 20.42.050, Rea. K (K) SP -5 (RMC) District. Finished floor elevation for all new structures or addition to an existing structure(s) other than floor area used for parking, shall be 9 feet above mean low water level (6.27 feet above ^^°°^ sea 8.67 NAVD 88). Section 20.43.050, Rea. F (F) Finished floor elevation for all new structures or addition to an existing structures other than floor area used for parking, shall be 9 feet above mean low water level (6.27 feet above mean sea leve!)r8 67 NAVD 881. Section 20.43.050, Rea. H (H) The height limit for all buildings and other structures on a site within the SP -6 (SR), SP -6 (RMC) and SP -6 (RSC) districts shall be 26 feet. For structures constructed with the ground floor at or above 9 feet above mean low water 8.67 NAVD 88 ,the height limit shall be the greater of 26 feet above the high water line or 26 EXHIBIT A CA 2005-003 C9 feet above the site elevation. This height limit may be exceeded, up to a maximum height of 35 feet, with a use permit, provided that the Planning Commission, in granting such use permit, finds that all the following criteria are met: Section 20.60.070 (A) A. Bulkheads. All bulkheads shall be constructed to an elevation of 9 feet above mean low water (6.27 feet above Fneen Oea level )j8.67 NAVD 88). Section 20.65.030 (B -2) 2. Flood Hazard Areas. The height shall be measured from the finished floor of any portion of the principal building where habitable space is required to be elevated to the elevation established by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6?7 MeaA Sea Level 8.67 (NAVD 881,consistent with the Public Works Department standard for bulkhead elevation. EXHIBITA CA 2005.003 11