Attachment B
Ordinance No. 2025-33 (Title 21)
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ORDINANCE NO. 2025-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE, AS MODIFIED BY
THE CALIFORNIA COASTAL COMMISSION, TO
ESTABLISH THE SPECIAL FLOOD HAZARD AREA
OVERLAY (PA2018-075)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach (“City”),vests the City Council with the authorityto make and enforce alllaws, rules and regulations with respect to municipal affairs subject only to the restrictionsand limitationscontained in the City Charter and the State Constitution,and the power to exercise, or act pursuant to any and allrights,powers, and privilegesor 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 cityto prepare a Local Coastal Program (“LCP”) forthat portion of the coastal zone within itsjurisdiction;
WHEREAS, the City adopted the City of Newport Beach LCP Coastal Land Use Plan in 2005, which has been amended from time to time; WHEREAS, the California Coastal Commission (“Coastal Commission”) effectivelycertifiedthe City’sLCP Implementation Plan on January 13, 2017, and the City added Title21 (Local Coastal Program Implementation Plan) (“Title21”) of the City of Newport Beach Municipal Code (“NBMC”) whereby the City assumed coastal development permit-issuingauthorityon January 30, 2017; WHEREAS, new Federal Emergency Management Agency (“FEMA”) Flood Insurance Rate Maps (“FIRMs”) went intoeffecton March 21, 2019, for Newport Beach and include 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;
WHEREAS, new development within the VE Zone must meet FEMA constructiondesign criteria,includingelevationof structureswith pilings,posts, piers,or columns to raise the main residentialstructureapproximately three to five feet from existinggrade, so that these structuresare designed and engineered to allow water to flow below the elevated floorsystem without damaging the foundation or creating substantial debris;
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Ordinance No. 2025-33
WHEREAS, of the 166 affected properties,27 properties are within the VE 13 Zone and requireelevating structuresapproximatelythree feet above existinggrade while the remaining 139 properties arewithinthe VE 15 Zone and require elevating structures approximatelyfivefeetabove existinggrade;
WHEREAS, compliance with the VE Zone design criteriapresents several challenges fornew residentialdevelopment to also meet the requirements of Title21 of the NBMC since compliance with the VE Zone design criteriasignificantlylimitsmeans of access to the dwelling,as wellas the usabilityof outdoor areas; WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program) requiresamendments to the City’scertifiedLCP as implemented by and codifiedin Title 21 to be initiatedby the CityCouncil;
WHEREAS, the City Council adopted Resolution No. 2019-31 on March 26, 2019, initiatinga Zoning Code Amendment (“ZCA”) and Local Coastal Program Amendment (“LCPA”) to amend Title20 and Title21 of the NBMC to modify the setback encroachment regulationsforresidentialpropertiesin the VE Zone; WHEREAS, since adoption of the new FIRMs, the Cityhas approved fivevariance applicationsfor new residentialprojectsin the VE Zone seeking relieffrom the setback standards in Titles20 and 21 of the NBMC that directlyconflictwith the abilityto comply with FEMA’s VE Zone design criteria;
WHEREAS, approval and implementation of the LCPA willfacilitatecompliance and minimize 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 Districtdesignations of R-1 (Single-Unit Residential)and R-2 (Two-Unit Residential); WHEREAS, a draftof the LCPA was presented to the design community on December 2, 2021, and to affectedand nearby propertyowners on January 19, 2022, via virtualcommunity meetings with comments incorporated intothe proposed amendments to the extent feasible;
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Ordinance No. 2025-33
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 Chapters 20.62 and 21.62 (PublicHearings) of the NBMC. Evidence, both writtenand oral,was presented to,and considered by, the Planning Commission at thispublic hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-022 by unanimous vote (7 ayes, 0 nays) recommending approval of the ZCA and LCPA to the CityCouncil; WHEREAS, pursuant to Title14 of the CaliforniaCode of Regulations (“CCR”) Section 13515 (Public Participation),draftsof the LCPA were made available, and a Notice of Availabilitywas distributedat leastsixweeks priorto the finalaction date; 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 Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral,was presented to, and considered by, the City Council at thishearing;
WHEREAS, the City Council adopted Resolution No. 2023-37 on June 13, 2025, by a unanimous vote (7 ayes - 0 nays), authorizing submittal of the LCPA filed as PA2018-075 to the Coastal Commission;
WHEREAS, the City Council also adopted Ordinance No. 2023-10 by a unanimous vote (7 ayes, 0 nays), on June 27, 2023, to approve the ZCA and update Title20 of the NBMC with the effectivedate contingent upon the Coastal Commission’s certificationof the LCPA;
WHEREAS, the Coastal Commission denied the LCPA (LCP-5-NPB-23-00 39-3 Part B) on July 10, 2025, as submitted and approved itwith suggested modifications deemed necessary to findconsistency with the CaliforniaCoastal Act; and WHEREAS, the City Council held a public hearing on October 14, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
Notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Section 13515, and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at thispublichearing.
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Ordinance No. 2025-33
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
The City Council hereby approves the LCPA (PA2018-075) andSection 1:
accepts the suggested modificationsapproved by the Coastal Commission to amend Title 21 of the NBMC as set forth in “Exhibit A,” based upon the Facts in Support of Findings set forthin Exhibit“B,” both of which are attached hereto and incorporated herein by reference.
The LCP, including the LCPA, willbe carriedout in fullconformitySection 2:
with the California Coastal Act.
The recitalsprovided in thisordinance are true and correct and are incorporated intothe substantiveportionof thisordinance.
Section 3:
The City Council hereby authorizes City staff to submit this ordinance for a determination by the Coastal Commission’s Executive Director that this action satisfiesthe specificrequirements of the Coastal Commission’s July 10, 2025, action on LCPA Request No. LCP-5-NPB-23-0039-3 Part B.
Section 4:
This ordinance shall not become effective for thirtydays after adoption and untilthe Executive Director of the Coastal Commission certifies this ordinance complies with the Coastal Commission’s July 10, 2025, action on LCPA Request No. LCP-5-NPB-23-0039-3 Part B.
Section 5:
If any section, subsection, sentence, clause or phrase of this ordinance isfor any reason held to be invalidor unconstitutional,such decision shall not affectthe validityor constitutionalityof the remaining portions of this ordinance. The City Council hereby declares that itwould have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the factthat any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6:
The City Council finds this LCPA is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activitywill not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activityis 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, directlyor indirectly.
Section 7:
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Ordinance No. 2025-33
The CityCouncilalsofindsthisLCPA isexempt categoricallyfrom CEQA pursuant to Section 15305 under Class 5 (Minor Alterationsin Land Use Limitations)of the CEQA Guidelines,because ithas no potentialto have a significanteffect on the environment. The Class 5 exemption allowsminor alterationsinland use limitationsinareas with an average slope of lessthan twenty percent,which do not resultin any changes in land use or density.The LCPA seeks to provideflexibilityforpotentialencroachments intoside,rear, and frontsetback areas forpropertieslocatedwithinthe VE Zone. The proposed changes to the NBMC could resultin raised decks, landings,stairs,and other accessory featuresin the front,side, and rear setbacks for the affected properties.All changes are limitedin scope and would onlyalterregulationsforthe heightof accessory structures,which would not resultinany changes inlanduse intensityor density.
The exceptionsto thiscategoricalexemption under Section 15300.2 are not applicable.
The affectedlocationdoes not impact an environmental resource of hazardous or critical concern, does not resultin cumulative impacts, does not have a significanteffecton the environment due to unusual circumstances, does not damage scenic resources withina statescenic highway, isnot a hazardous waste site,and is not identified as a historical resource.
Except as expressly modified in thisordinance, allother sections.Section 8:
subsections,terms, clauses and phrases set forthinthe Newport Beach Municipal Code shallremain unchanged and shallbe in fullforceand effect. 3-22
Ordinance No. 2025-33
The Mayor shallsign and the City Clerk shallattestto the passageSection 9:
of thisordinance. The CityClerk shallcause the ordinance, or a summary thereof,to be published pursuant to City Charter Section 414 and the same shall become final and effectiveas provided inSection 5 of thisordinance.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of October, 2025, and adopted on the 28th day of October, 2025, by the followingvote,to-wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton,Mayor
ATTEST:
Molly Perry, InterimCityClerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Harp, City Attorney
Attachment(s): ExhibitA - Local Coastal Program Amendment (PA2018-075) Exhibit B - Facts in Support of Findings (PA2018-075)
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EXHIBIT “A
LOCAL COASTAL PROGRAM AMENDMENT (PA2018-075)
The table of contents of Chapter 21.28 (Overlay Coastal Zoning Districts(MHP, PM, B, C and H) of the NBMC shallbe amended to read as follows:
Chapter 21.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H, VE)
I.
Sections;
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 21.28.010 (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 Districtis intended to modify certain development standards for properties subject to special flood hazards as identifiedby 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).
Section 21.28.070 (Special Flood Hazard Area (VE) Overlay District)of the NBMC shall be added to read as follows;
III.
Section 21.28.070 Special Flood Hazard Area (VE) Overlay District.
Applicability.This section applies to encroachments for residential properties identifiedas VE 13 or VE 15 on the Federal Emergency Management Agency’s “Flood Insurance Study (FIS) for Orange County, California and Incorporated Area” revised March 21, 2019. For purposes of this section, “encroachments” are limited to balconies, decks, landings, patios, platforms, porches, steps, raised walkways, or terraces required for access. With the exception of the encroachments authorized herein, alldevelopment shallcomply with the applicable residentialdevelopment standards (e.g., floor area limit, setbacks, parking) of the underlying zoning districtset forth in the NBMC. In situationswhere an inconsistency occurs between the development standards of the underlying zoning districtand the standards in this section related to encroachments, the standards related to encroachments in this section shall A.
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apply.
The encroachments allowed by this section shallonly apply when the project is required to comply with Chapter 15.50 (FloodplainManagement) for residential properties where the structure is required to raise the foundation above the design flood elevation.Nothing in thissection shallbe construed to constitute a waiver of, or exclusion from, the building standards set forth in Chapter 15.50 (FloodplainManagement).
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 alleysubjectto the followingrestrictions:
For interiorlots,the encroachment may be located in one (1) or more side or rear setback and may extend to the property lineabutting the side or rear setback. Encroachments in an interior side or rear setback may only be permitted to the minimum extent necessary to provide access to the dwellingfrom both the frontand the rear of the property.
For corner lots,the encroachment may be located in the interior side or rear setback. Encroachments in a side or rear setback facing a streetmay only be permitted to the minimum extent necessary to provide access to the dwelling from both the frontand the rear of the property.The encroachment shall comply with allother development standards of the underlying zoning districtincluding Section 20.30.130 (TrafficSafety VisibilityArea).
Excluding required guardrailsor handrails,the finished surface of the encroachment shallnot exceed six (6) inches above the finished floor of the dwelling unit(s).
Guardrails and handrails in the side and rear setback shall be constructed of eithertransparent material (except for supports) or opaque material (e.g. decorative grillwork,wrought iron, latticework, or similar materials)so that at leastforty(40) percent of the guardrail or handrail is open. Handrails and guardrails shall not exceed the minimum height requirements set forthinthe CaliforniaBuildingCode for safety purposes.
C. Allowed Encroachments in Front Setbacks. Encroachments may be located withina required frontsetback area subject to the following restrictions:
For interiorlot and corner lots, one set of access stairs from the grade levelto the firstelevated floorisallowed to encroach up to three (3) feet intothe frontsetback. Excluding the required guardrailsor handrails, the finished surface of the encroachment shall not exceed six (6) inches above the finished floorof the dwelling unit(s).Encroachments are subject to compliance with all other development standards of the underlying zoning districtincludingSection 21.30.130 (TrafficSafety VisibilityArea).
1. 2.
3. 4.
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a. Corner lots shall be developed in a manner that ensures visibilityacross the corners of the intersectingstreets,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 existinggrade shall be located within the traffic visibilitytriangle(i.e.the triangular-shaped area on a corner lotformed by measuring the five(5)feetfrom the intersection of the front and street side property lines adjacent to the Ocean Front Boardwalk),
b. Improvements or structures that exceed the allowable height limitfor visibilityin the trafficsafety visibilityarea may be approved by the City TrafficEngineer ifhe/she determines that the location and/or height of the existing or proposed improvement or structure allows for the unobstructed view of oncoming trafficincluding bicyclists,and pedestrians by a driver,bicyclist,or pedestrian approaching an intersection.
Guardrails and handrails in the front setback shall be constructed of eithertransparent material (except for supports) or opaque material (e.g. decorative grillwork,wrought iron,latticework,or similarmaterials)so that at leastforty(40) percent of the guardrail or handrail is open. Handrails and guardrailsshallnot exceed the minimum height requirements set forth inthe CaliforniaBuildingCode forsafety purposes.
Subsection (f)shall be added to Section 21.30.110(D)(1) (General Regulations) of the NBMC to read as follows;
Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this subsection shallapply to propertieswithin the VE Overlay except as modified by Section 21.28.070 (VE Overlay).See Section 21.28.070 (VE Overlay) for setback regulationsand additionalauthorized encroachments.
2. IV.
f.
The table of contents of Chapter 21.80 (Maps) of the NBMC shall be amended to read as follows:
V.
Chapter 21.80
MAPS
Sections:
21.80.010
21.80.020
21.80.025
21.80.030
21.80.035
Area Maps.
Bluff overlay.
Housing Opportunity Overlay Zoning Districts maps.
Height limit areas.
Parking Management Overlay District maps.
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21.80.040
21.80.055
21.80.065
21.80.070
Setback maps.
Planned Community Site Plans.
Planned Community Land Use Maps.
Speciai Flood Hazard Area (VE) Overlay map.
Section 21.80.070 (Special Flood Hazard Area (VE) Overlay) of the NBMC shall be added to read as follows:
VI.
Section 21.80.070 Special Flood Hazard Area (VE) Overlay map.
VE-1 - Special Flood Hazard Overlay (PDF)
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53RD ST
52ND ST
51ST ST
50TH ST
49TH ST48TH ST
47TH ST
46TH ST
AVE
45TH ST
44TH ST
43RD ST
42ND ST
CHANNEL PL
CHANNEL
PL
MARCUS
AVE
FINLEY AVE
39TH
38TH
40TH
ST
PARK LN41ST ST
40TH ST
39TH ST
38TH ST
ST
36TH
35TH ST
34TH ST
AVE
FINLEY
CLU
BHO
USE
AVESHORT
ST
35TH ST
37TH ST
36TH ST
34TH ST
33RD ST
CENTRAL AVE
VIA MALAGA
ST31ST
VILLA
WAY
29TH ST
AVE
LAFAYETTE
31ST ST
30TH ST
29TH ST
24TH ST
25TH ST
26TH ST
27TH ST
23RD ST
THEARCADE
21ST ST
VIA ANTIBES
VIA
BARC ELONA
VIA
CORDOVA
DIJON
VIA
EBOLI
VIA
VIA FLORENCE
VIA
VIA
FIRENZE
VIAVIA FERMO
PLAZA
LIDO
GENOA
VIA
PLAZA
GENOA
VIA
GRAZIANA
VIA
VIA
HOAG DR
N
EW
PO
R
T
HIGHW AY
BLVD
BALBO A
BEACON
CLIFF
TUSTIN
AVE
AVON ST
OCEAN
VIEW
AVE
P A R K
PL
RIVERSIDE
CLIFF
AVON ST
AVENUE
OCEAN
RIVER
AVE
AVE
LAKE
MARCUS
AVE
SEASHORE
DRFRONT
32ND
32nd STREET
30TH
STREET
28TH
ST
OPORTO
VIA
LIDO
VIA
LIDO PARK DR
ST
PENINSULA
LIDO
ISLE
LIDO
TURNING
BASIN
CHANNEL
RIALTO
RIVO ALTO
RIVO ALTO
LIDO CHANNEL
WEST LIDO CHANNEL
THE RHINE
0 500250
Feet
I
Name: VE-1 - Special Flood Hazard Area (VE) Overlay
City of Irvine
City of
Costa Mesa
City of
Laguna Beach
Pacific Ocean
VE-1 - Special Flood Hazard Area (VE) Overlay
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EXHIBIT “B
FACTS IN SUPPORT OF FINDINGS (PA2018-075)
An amendment to Title21 (Planning and Zoning) of the NBMC isa legislativeact.There are no required findingsforeitherapproval or denial of such amendments.
Notwithstanding the foregoing, the Local Coastal Program Amendment is consistent with the City Council’s initiationand allows for orderly residentialdevelopment while protectingproperty rights,as identifiedbelow.
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 protectcoastal access and coastal resources. The proposed amendments would only apply to private residentialsingle-unitand two-unit properties and do not authorize any changes to public property.
1. The Local Coastal Program Amendment does not authorize any new development thatwillblock coastal access, nor does itchange the dimensions of setbacks. Instead, it will provide flexibilityin the application of height requirements for accessory structures within front,side, and rear setbacks. No changes to density or to maximum height limitsof principal structures are proposed as part of thisamendment. All new residentialdevelopment in the VE Zone will require approval of a coastal development permit to evaluate compliance with the Coastal Act, includingpotentialimpacts to views and access relatedto the proposed design and location.
2. Typical residentialproperties along the beach and boardwalk can achieve seamless indoor and outdoor livingwith frontpatios along the sand or boardwalk.
As of the effectivedate of the new FIRMs, properties in the VE Zone are no longer able to achieve thisdesign, as theirfinishedfloors are elevated well above the beach or boardwalk. The existingresidentialdevelopment standards in the NBMC limitaccessory structuresto 42 inches maximum within the front setback.
However, in the VE Zone, no patios or decks attached to the principalstructure can be located below the first-floor elevation. This significantlylimitsoutdoor livingspace for the affected properties. Furthermore, no direct access to the ground is provided, as the required stairs and handrails or guardrails exceed height limitsin the front setback. The Local Coastal Program Amendment is therefore necessary to provide paritybetween residentialproperties located in the VE Zone and typical residentialproperties throughout Coastal Zone. The changes willallow for encroachments, such as 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 (with limitations)for new residentialconstruction within the VE Zone.
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New residentialconstruction,substantiai improvements, and substantialdamage projects in the VE Zone are required to be elevated approximately three to five feet above existinggrade and stairsare necessary to access the dweliing from the ground. Currently,the NBMC limitssteps, landings, platforms, and similar features to 18 inches from existinggrade in the side and rear setback. An 18- inch-highplatformisnot sufficientto reach the firstfloor of the new structure. The Zoning Code Amendment and Locai Coastal Program Amendment would allow new residentialconstruction to provide directaccess to the dweliing 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.
4. With exception of the changes to ailowable setback encroachments, ail 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,floorarea iimitations,and parking standards.
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