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Home My WebLink About17 - Elevation Datum Reference - Code Amendment 2005-003CITY OF NEWPORT BEACH SUPPLEMENTAL CITY COUNCIL STAFF REPORT Agenda Item No. 17 April 12, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palford(a)city.newport-beach ca us SUBJECT: Code Amendment 2005 -003 Elevation Datum Reference (PA 2005 -047) The Planning Commission hearing on this amendment was held on April 7, 2005. The Planning Commission voted to recommend approval of the amendment to the City Council, without comment or dissent. Prepared by: Submitted by: Patrick J. Alford Senior Planner r-- Patricia L. Temple Planning Director CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 April 12, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palforda city.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: Conduct public hearing; introduce Ordinance No. 2005- approving Code Amendment No. 2005 -003 and pass to second reading on April 26, 2005. 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. 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 Elevation Datum Reference Amendment April 12, 2005 Page 2 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. Plannino Commission Action The Planning Commission hearing on this amendment is scheduled for April 7, 2005, which is afterthe publication date of this report. The Planning Commission action will be presented in a supplemental staff report. 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: Submitted by: Patrick J. Alford Patricia L. Ternple Senior Planner Planning Director Attachments: 1. Draftordinance. ORDINANCE 2005- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ELEVATION DATUM REFERENCE [CODE AMENDMENT 2005- 047] WHEREAS, on March 8, 2005, the City Council initiated an amendmentto Title 20 ofthe City of Newport Beach Municipal Code to change the elevation datum reference; and WHEREAS, the City is amending the Fire and Building Codes of the Newport Beach Municipal Code to change the elevation datum reference from the National Geodetic Vertical Datum (NGVD) to the North American Vertical Datum (NAVD) to be consistent with the datum used in the revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) and related Flood Insurance Rate Maps (FIRMS) for Orange County; and WHEREAS, several sections of the Zoning Code contain height regulations that are referenced to 6.27 feet above mean sea level using the NGVD, which need to be amended to change the elevation datum reference from the NGVD to NAVD, to be consistent with the Fire and Building Codes; and WHEREAS, on April 7, 2005, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding this code amendment; and WHEREAS, the Planning Commission voted to recommend of this code amendment to the City Council; and WHEREAS, on April 12, 2005, the City Council of the City of Newport Beach held duly noticed public hearings regarding this code amendment; and WHEREAS, The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). 1 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Sections 20.03.030, 20.42.050, 20.43.050, 20.60.070, and 20.65.030 of Title 20 of the Newport Beach Municipal Code shall be amended as provided in Exhibit A. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on April 12, 2005, and adopted on the 26th day of April, 2005, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 -1 Proposed Revisions to Title 20 Section 20.03.030 NAVD 88: (See North American Vertical Datum of 1988). North American Vertical Datum of 1988 (NAVD 88): A fixed reference for elevations determined by geodetic leveling created by the National Geodetic Survey. Section 20.42.050, 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 « "' ° °' above MeaR Be ^'e —i\ 8.67 NAVD. 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." f° °f above mean Sea level)(8 67 NAVD, whichever is higher. Section 20.42.050, Reg. 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 f° °f above ^,° °n sea level-}(8.67 NAVD 881. Section 20.43.050 Req. 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 —° ea 1 -1° "(8.67 NAVD 88). 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 (6." feet above ^ ^ 1ev^4(8.67 NAVD 881, the height limit shall be the greater of 26 feet above the high water line or 26 EXHIBIT A CA 2005 -003 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 «" °e^' above mean sea leyeq(8.67 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 6.27 - Mean Sea Leyel -8.67 (NAVD 88) consistent with the Public Works Department standard for bulkhead elevation. EXHIBITA CA 2005 -003 I CITY OF NEWPORT BEACH COUNCIL AGENDA CITY COUNCIL STAFF REPORT • Agenda Item No. a March 8, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palforda_city. newport- beach. ca. us SUBJECT: Elevation Datum Reference (PA 2005 -047) ISSUE: Should the City Council adopt a resolution of intent to amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to change the elevation datum reference? RECOMMENDATION: -. Adopt Resolution No. 2005- initiating amendments to Title 20 of the Newport Beach Municipal Code to change the elevation datum reference from the National Geodetic Vertical Datum (NGVD) to North American Vertical Datum (NAVD). DISCUSSION: 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. Numerous 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. • Environmental Review: None required for the initiation of amendments. Public Notice: None required for the initiation of amendments. Prepared by: Patrick J. Alford Senior Planner Attachments: 1. Draft resolution of intent. Elevation Datum Reference Amendment March 8, 2005 Page 2 Submitted by: >h� Patricia L. Temple Planning Director • CI • • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE THE ELEVATION DATUM REFERENCE (PA 2005 -047) WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City Council to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach; and WHEREAS, the Fire and Building Codes of the Newport Beach Municipal Code are slated to be revised to change the elevation datum reference from the National Geodetic Vertical Datum (NGVD) to the North American Vertical Datum (NAVD) to be consistent with the datum used in the revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) and related Flood Insurance Rate Maps (FIRMS) for Orange County; and WHEREAS, numerous sections of the Zoning Code of the Newport Beach Municipal Code contain height regulations that are referenced to National Geodetic Vertical Datum; and WHEREAS, the Zoning Code should be amended to change the elevation datum reference from the National Geodetic Vertical Datum to the North American Vertical Datum to be consistent with the pending changes in the Fire and Building Codes. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby initiates an amendment to Title 20 of the Newport Beach Municipal Code to change the elevation datum reference from the National Geodetic Vertical Datum to the North American Vertical Datum. • City of Newport Beach City Council Resolution No. _ Page 2 of 2 This resolution was adopted at a regular meeting of the City Council of the City of • Newport Beach held on March 8, 2005, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS TO F.-T1915 ATTEST: CITY CLERK Attachment 1 • 11 NOTICE OF PUBLIC HEARING Code Amendment No. 2005 -003 Elevation Datum Reference (PA 2005 -047) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding a proposed Zoning Code Amendment that would change several elevation datum references within the Zoning Ordinance from the National Geodetic Vertical Datum (NGVD) to the North American Vertical Datum (NAVD) to be consistent with the vertical datum used in the revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS), related Flood Insurance Rate Maps (FIRMs) for Orange County and other Municipal Code sections. This amendment would potentially be applicable to all low lying properties within the City and the proposed amendment does not change the actual Flood elevation established by the FEMA. 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 12, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. �r�l' � �RmLtl4e� _fig a'ti I �a�' i -j-9 no - � (�e FOKA(as- tlk fb(WarA clff)�;; Ul'�� LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Code Amendment No. 2005 -003 Elevation Datum Reference (PA 2005 -047) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding a proposed Zoning Code Amendment that would change several elevation datum references within the Zoning Ordinance from the National Geodetic Vertical Datum (NGVD) to the North American Vertical Datum (NAVD) to be consistent with the vertical datum used in the revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS), related Flood Insurance Rate Maps (FIRMs) for Orange County and other Municipal Code sections. This amendment would potentially be applicable to all low lying properties within the City and the proposed amendment does not change the actual flood elevation established by the FEMA. 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 12, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Of 401 LaVonne M. Harkless, City Clerk City of Newport Beach Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Cowl of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: APRIL 2,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on APRIL 2,2005 at Costa Mesa, California. Signature NOME OF PWIKHMG G& Antinbllllll N0. 2005-003 Gryli nDahlmReferaRe pA 2005 -Mn NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing re- garding a proposed Zoning Code Amendment that would change several elevation datum references within the Zoning Ordinance from the National Geodetic Vertical Datum (NGVD) to the North American Vertical Datum (NAVD) to be consistent with the vertical datum used in the revised Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS), related Flood Insurance Rate Maps (FIRMS) for Orange County and other Municipal Code sections. This amendment would potentially be applicable to all low lying proper- ties within the City and the proposed amend- ment does not change the actual flood eleva- tion established by the FE MA. 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on April 12, 2005, at the hour of 7.00 p.m. in the Council Chambers of the New- port Beach City Hall, 3300 Newport Boule- vard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. /s/ LoVonne M. Harkless City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot April 2, 2005 Sa817