Attachment B
Alternative Resolution
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY
COUNCIL POLICY L-2 (DRIVEWAY APPROACHES) TO
ALLOW VEHICULAR ACCESS FOR A SINGLE-UNIT
DWELLING LOCATED AT 2700 CLIFF DRIVE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), 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 City 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, the City is governed, in part, by its Charter, the Newport Beach Municipal Code ("NBMC"), and adopted City Council Policies; WHEREAS, Council Policy L-2 (Driveway Approaches) ("Council Policy L-2"), which sets requirements for driveways serving residential zones, prohibits the retention of curb openings for new developments on residential lots which abut an alley with limited exceptions;
WHEREAS, Council Policy L-2 has a general exception for corner lots to retain or relocate existing curb openings when one additional covered, non-tandem, off-street parking space beyond the requirements of Title 20 (Planning and Zoning) of the NBMC is provided onsite ("Additional Parking Space") and no loss of on-street parking is proposed;
WHEREAS, the Applicant proposes to demolish the existing single family residence and accessory structures and construct a new single family residence at the property located at 2700 Cliff Drive, and legally described as Lot 5, Block 24 of First Addition to Newport Heights ("Property");
WHEREAS, the Applicant has filed an application requesting a waiver of Council Policy L-2 to permit the proposed single family residence to have vehicular access to its proposed garage from Riverside Avenue rather than from the abutting alley ("Project"); WHEREAS, this Council Policy L-2 waiver request can only be approved by the City Council;
Resolution No. 2026-
WHEREAS, the Property is designated as Single Unit Residential Detached (RSD) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District; WHEREAS, the Property is a corner lot bounded by Riverside Avenue, an approximately fifteen foot wide alley, and residential properties comprising the 2700 block of Cliff Avenue;
WHEREAS, the Property has experienced ongoing issues associated with the slope and retaining improvements along the Cliff Drive and Riverside Avenue frontage, which have prompted Code Enforcement to take action and resulted in an open codeenforcement case; WHEREAS, the Applicant contends that the dimensions of the alley, together with the existing grades and limited maneuvering area, makes alley access impractical for the proposed development;
WHEREAS, based on the 1evidence presented at the public hearing, the City Council finds that the dimensions and grade of the alley, together with the limited maneuvering area associated with the proposed garage configuration, warrant relief from Council Policy L-2 for the Property;
WHEREAS, in addition to the listed exception in Council Policy L-2, the City Council has discretion to administer and waive policies contained in the Council Policy Manual;
WHEREAS, the City Council desires to waive Council Policy L-2 for the Property to allow vehicular access to the proposed garage from Riverside Avenue; WHEREAS, the City Council hereby approves the request to waive Council Policy L-2 to allow vehicular access for the proposed development from Riverside Avenue rather than from the abutting alley; and
WHEREAS, a public hearing was held on October 13, 2026, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act"). Evidence, both written and oral, was presented to and considered by, the City Council at this hearing.
Resolution No. 2026-
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council does hereby waive City Council Policy L-2 for the Property to allow vehicular access to the proposed garage from Riverside Avenue rather than from the abutting alley. This waiver applies only to the driveway-access requirement addressed by this resolution and does not constitute approval of the proposed residential development or any other entitlement or permit required for redevelopment of the Property.
Section 2: The City Council does hereby find that the Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) 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.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 4: 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.
Resolution No. 2026-_
Section 5: 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 October, 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor