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BY THE CITY COUNCIL — 2- 3 c f <br />CITY Of NEWPORT BEACH <br />Agenda Item No. F -9(a) <br />AUG 2 2 1988 <br />_C��; � MEMORANDUM <br />OFFICE OF THE CITY ATTORNEY <br />August 22, 1988 <br />TO: Honorable Mayor and Members of the City Council <br />FROM: Robert H. Burnham, City Attorney <br />RE: Newport Dunes Project <br />Introduction• <br />On August 8, 1988, the City Council received a brief presentation <br />from Larry Buxton regarding proposed changes to the Newport Dunes <br />Redevelopment Plan. The purpose of this Memo is to explain the <br />proposed changes and their relationship to the City /County /Newport <br />Dunes Settlement Agreement. <br />Background: <br />In 1980, the orange County Board of Supervisors approved a Local <br />Coastal Program, EIR and Redevelopment Plan for Newport Dunes. <br />The City of Newport Beach filed a lawsuit challenging the adequacy <br />of the EIR for the Plan and claimed jurisdictional authority to <br />regulate the proposed redevelopment. This litigation was settled <br />in 1983 with Council and Board approval of the Newport Dunes <br />Settlement Agreement. <br />The Settlement Agreement contained specific limits on the amount <br />and type of development permitted within the Newport Dunes <br />complex. Newport Dunes, Inc. is now proposing certain changes to <br />the Redevelopment Plan which will require amendments to the <br />Settlement Agreement. <br />Discussion: <br />For the most part, the revised Plan contemplates less development <br />than authorized by the Settlement Agreement. I have prepared a <br />chart which describes the relevant land uses in 1980, uses which <br />now exist, uses authorized by the Settlement Agreement, and the <br />changes now being proposed. The proposed changes can be summarized <br />as follows: <br />