Attachment D
Applicant's Waiver Request Letter
Eric and Nikki Prendergast
2700 Cliff Drive
Newport Beach, CA 92263
September 18, 2026
Newport Beach City Council Members
100 Civic Center Drive
Newport Beach, CA 92660
RE: L-2 Waiver Request – Vehicular Access from Riverside Avenue 2700 Cliff Drive, Newport Beach, CA 92663 | APN 049-031-004 Lot 5, Map of First Edition to Newport Heights, MM 4/94 Dear Newport Beach City Council Members,
My wife and I are the new owners of 2700 Cliff Drive, and we are very much committed to a timely and successful new build. Through design review, it became clear that the existing alley width and slope are nonconforming and potentially very unsafe. For these reasons, we are requesting an L-2 Waiver from the City and believe that we have realistic, concrete evidence to back this request.
We ask that you consider the conditions below in their entirety:
- Existing alley width & non-conforming condition: The alley is currently 15 feet in width. The narrow width of the alley is due to a legal non-conforming CMU wall constructed on the property line without a 5-foot alley setback. When providing our required alley setback of 5 feet, the alley is 20 feet wide. As documented in our model, using a 17-foot-long car, we have only 3 feet in total rear clearance when exiting the garage. Please see Sheet A2. - Alley slope: If constructed in the alley, the Easterly +/-7 feet of our 3-car garage would straddle a substantial slope of +/- 11%. It is at this 11% where a 90-degree turn into the garage must be executed. Prior to, and approaching this 11% slope, the alley slope is +/- 14% on the approach from Riverside. Please see Sheet A3 Option B. - Driveway slope: As noted above, the garage straddles a slope of +/- 11% while turning 90- degrees to our apron. With a 5-foot apron, the slope transition to the garage is +/-25%. This is within the City’s minimum apron depth but well over the City of Newport Beach’s maximum slope of 11%. The slope tolerance is noted in City Council Staff Report dated April 14, 2015. Please see Sheet A5.
- Conclusion: When combining the narrow 15’ alley with a non-conforming CMU wall, +/- 11% alley slope & +/- 25% approach slope, the crossfall presents a serious and present danger to not only property but vehicle drivers. These three issues when compounded present a hazardous condition to the entry and egress of a garage off the alley. Backing into the narrow-depth alley while negotiating a +/-11% alley slope and a +/-25% driveway approach multiplies the difficulty for myself, my family or others in the surrounding neighborhood.
We understand that Public Works’ concern includes:
- Parking: as noted in the City Council Staff Report dated April 14, 2015, the intent is to ‘preserve public on-street parking’. We previously lived on the Newport Peninsula for (10) years, and we have owned property on Balboa Island’s Little Island. We understand parking-impacted areas, but Newport Heights is not a parking-impacted area. We believe the Public Works policy is too rigid when applied in the case of Newport Heights. Please see Exhibit A for photographs with metadata. We have documented the available parking at multiple dates and times with all photos taken within one block of 2700 Cliff Drive. - Precedence: We understand the burden of precedence, but in this case we do not feel it would set any type of precedence moving forward. Our lot is a corner lot. We have a +/- 14% sloped alley straddling our garage elevation. Our garage opening would span a slope of +/- 11%. Our drive approach would be +/- 25%. We do feel that these are unique conditions within the city.
In closing, the Riverside Avenue garage is designed with a 20-foot-deep driveway extending from the sidewalk. Vehicles will back into the parking lane – not the travel lane – and come to a complete stop before proceeding forward into traffic. The driveway will also provide off-street parking for two vehicles.
We thank you for your time and consideration and encourage any questions or concerns from Planning, Engineering, Traffic, Community Development and Public Works so that we may move forward with our Riverside garage. We look forward to successfully bringing 2700 Cliff Drive back to life and constructing a home that is representative of our neighborhood and city that we love.
Respectfully Submitted,
Eric & Nikki Prendergast