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SEW PpRr CITY O F <br />�`. NEWPORT BEACH <br />City Council Staff Report <br />Agenda Item No. 15 <br />July 10, 2012 <br />TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL <br />Community Development Department <br />Kimberly Brandt, AICP, Director <br />949 - 644 -3226, kbrandt(c newportbeachca.00v <br />FROM: City Attorney's Office <br />Aaron C. Harp, City Attorney <br />949 - 644 -3131, aharp(o)newportbeachca.gov <br />PREPARED BY: Kimberly Brandt, Director <br />APPROVED:�1 nr <br />V V <br />Second Amendment to the Amended Newport Dunes Settlement <br />TITLE: Agreement among the City of Newport Beach, County of Orange, <br />Waterfront Resort Properties L.P., and Newport Dunes Marina, <br />LLC, located at 1131 Back Bay Drive (PA2012 -080) <br />ABSTRACT: <br />City Council approval is requested for the proposed second amendment to the Amended <br />Newport Dunes Settlement Agreement which 1) incorporates the maximum allowable gross <br />square footage for buildings established by the City of Newport Beach General Plan, 2) <br />allows for modifications to the location of existing and future land uses, and 3) documents <br />both current and outstanding property owner obligations, including the payment of fees. The <br />amended agreement also includes a settlement payment of $30,000. <br />RECOMMENDATION: <br />a) Determine that the approval of the Second Amendment to the Amended Newport <br />Dunes Settlement Agreement is exempt from the California Environmental Quality Act <br />under Section 15305 of the California Environmental Quality Act (CEQA) Guidelines - <br />Class 5 (Minor Alterations in Land Use Limitations) and direct staff to file a notice of <br />exemption. <br />b) Approve the Second Amendment to the Amended Newport Dunes Settlement <br />Agreement between the City and the County of Orange, Waterfront Resort Properties <br />L.P., and Newport Dunes Marina, LLC; and <br />c) Authorize the City Manager to execute the amendment. <br />1 <br />