October 13, 2026
Agenda Item No. 17
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David A. Webb, Public Works Director - 949-644-3311, [email protected] PREPARED BY:
Josh McDonald, Principal Civil Engineer - 949-644-3326, [email protected]
TITLE:
Resolution No. 2026–92: Denying a Request to Waive City Council Policy L-2 (Driveway Approaches) to Allow Vehicular Access for a Single-Unit Dwelling Located at 2700 Cliff Drive ABSTRACT:
The property owner of 2700 Cliff Drive is proposing a new residential development with a three-car garage. The property abuts a 15-foot-wide alley along its northeasterly side and Riverside Avenue along its southeasterly side. The applicant is requesting that the City Council waive City Council Policy L-2 - Driveway Approaches to allow vehicular access to the proposed garage from Riverside Avenue rather than from the abutting alley.
The applicant's concept plans depict two alternatives. Option A provides a driveway from Riverside Avenue and option B relocates garage access to the alley. Because the submitted plans demonstrate that alley access can be physically incorporated into the project, and because street access would be inconsistent with the purpose and requirements of City Council Policy L-2, staff does not support the requested waiver.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2026-92, A Resolution of the City Council of the City of Newport Beach, California, Denying a Request to Waive City Council Policy L-2 (Driveway Approaches) to Allow Vehicular Access for a Single-Unit Dwelling Located at 2700 Cliff Drive; or, c) Alternatively, adopt 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 from at 2700 Cliff Drive.
DISCUSSION:
The property located at 2700 Cliff Drive fronts Cliff Drive and Riverside Avenue, with a 15-foot-wide alley along the northeasterly property line. The property was recently purchased, and the current owner intends to demolish the existing improvements and redevelop the site. The existing property has experienced ongoing issues associated with the slope and retaining improvements along the Riverside Avenue frontage, which have resulted in multiple Code Enforcement cases. Following the recent acquisition of the property, the owner is seeking to move forward expeditiously with demolition and redevelopment.
As part of the proposed redevelopment, the applicant is requesting relief from City Council Policy L-2 to allow vehicular access to a proposed three-car garage on Riverside Avenue rather than from the abutting alley. The applicant previously requested administrative relief from Policy L-2 based primarily on the physical constraints of the existing alley, including its width and grade. After reviewing the request and site conditions and seeing that the existing home is accessed off the alley the Public Works Director determined that the circumstances did not constitute sufficient hardship to warrant administrative relief. Pursuant to City Council Policy L-2, the applicant is now requesting that the City Council grant relief from application of the policy.
City Council Policy L-2 is intended to minimize the number and width of driveway openings to preserve on-street parking and reduce points of traffic conflict. Consistent with those objectives, the policy generally requires new residential development that abuts an alley to take vehicular access from the alley. City Council Policy L-2 allows the Public Works Director to approve minor dimensional variances where practical difficulties or hardships may result from strict application of the policy or where existing utilities that cannot be removed or relocated prevent alley access.
The applicant contends that the approximately 15-foot-wide alley, together with the existing grades and limited maneuvering area, makes alley access impractical for the proposed development. To illustrate the requested configuration and an alley-access alternative, the applicant submitted two conceptual site plans (Attachment E). Option A, which reflects the applicant's preferred design, provides access to the proposed three-car garage directly from Riverside Avenue. The proposed driveway would cross the public sidewalk and the on-street parking area shown along the Riverside Avenue frontage. The plan also identifies an existing fire hydrant near the easterly end of the frontage. Option B provides access to the proposed garage from the alley. Under the alley-access alternative, the garage is oriented perpendicular to the alley with a 5-foot setback at the garage frontage, similar to the next-door neighbor at 2704 Cliff Drive. The applicant's exhibits identify an approximately 25% driveway approach, an approximately 11% alley slope adjacent to the garage, and an approximately 14% slope farther south near Riverside Avenue.
Staff recognizes that the alley width, grade and garage configuration create constraints that must be considered in the design. However, based on the information submitted to date, staff does not believe those conditions establish the alley access infeasible or that relief from City Council Policy L-2 is warranted. The applicant's Option B demonstrates that the proposed project can be configured with a three-car garage taking access from the alley. The final configuration may require additional design refinement to address driveway grades and transitions, vehicle maneuvering, drainage and other applicable City standards, but those design considerations can be addressed through project and permit review.
The circumstances are also distinguishable from prior City Council Policy L-2 waivers considered by the City Council. In 2025, the City Council approved a waiver for 3601 Lake Avenue where an above-ground power pole physically restricted alley access. Relocating the pole would have required extensive utility work affecting additional facilities and neighboring properties. The project also retained an existing street curb opening, did not result in the loss of on-street parking, and provided alley access to the extent feasible. Similarly, the 2020 request at 400 40th Street involved a corner lot where the proposed street frontage was already red-curbed, so the additional driveway did not remove an existing on-street parking space. Staff supported that request based on the particular site and parking conditions.
Those circumstances are not present at 2700 Cliff Drive. Here, the applicant's plans show an alley-access alternative, and the proposed Riverside Avenue driveway would introduce a new curb opening along a frontage where on-street parking is otherwise available. The driveway would also create an additional vehicle crossing of the public sidewalk and another point of conflict along Riverside Avenue. These effects are directly related to the purposes of City Council Policy L-2, which seeks to preserve on-street parking and minimize driveway-related traffic conflicts where alley access is available.
Based on the information provided, staff does not find that the site's alley width, grades or proposed garage configuration creates a practical difficulty or hardship sufficient to justify departing from City Council Policy L-2. Staff therefore recommends that the City Council deny the requested waiver and require vehicular access for the proposed development to be taken from the alley.
In the alternative, the City Council can waive City Council Policy L-2 and approve the vehicular access from Riverside Drive.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Newport Beach Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.
ATTACHMENTS:
Attachment A – Resolution
Attachment B – Alternative Resolution
Attachment C – City Council Policy L-2 - Driveway Approaches Attachment D – Applicant's Waiver Request Letter
Attachment E – 2700 Cliff Drive Project Plans (Options A and B) Attachment F – Site/Parking Photographs
Resolution No. 2026–92, Denying a Request to Waive City Council Policy L-2 (Driveway Approaches) to Allow Vehicular Access for a Single-Unit Dwelling Located at 2700 Cliff Drive October 13, 2026
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