HomeMy WebLinkAboutF-9g - Proposed Amendment to Newport Dunes Settlement AgreementA
MEMORANDUM
E
OFFICE OF THE CITY ATTORNEY
May 14, 1984
Agenda Item No. F -9 (g)
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BY THE CITY COUNCIL
CITY Of NEWPORT BEACH
MAY 141964
To: Hon. Mayor & Members of the City Council
From: Robert Burnham - City Attorney
Re: Proposed Amendment to e* -., t':DUnes, 9 t leaeitt.:A#xeeatent�`
On May 17, 1983, the City, County and Newport Dunes,
Inc. entered into an agreement which resolved litigation
commenced by the City with regard to a proposed redevelopment of
Newport Dunes. That settlement agreement authorized the
construction of two new restaurants of a specific size and
authorized the expansion of the existing restaurant (Anthony's
Pier II).
Newport Dunes, Inc. is now proposing an amendment to
the settlement agreement that would give the company discretion
to increase the size of one restaurant if there is a
corresponding decrease in the size of another. The proposed
amendment would read as follows:
"The permitted development for restaurant uses
may be reapportioned in a manner other than
that provided in subparagraphs 1 B 1 -3 subject
to the following conditions:
a) That the development is reapportioned on a
per sq. ft. basis such that there is no
increase in permitted development; and
b) That the reapportionment has been reviewed
and approved by the Director of the
Environmental Management Agency for the County
of Orange and the Planning Director of the
City of Newport Beach.
Since the proposed amendment would not increase
allowable development, staff does not consider this request to be
significant. Review and approval by the Planning Director will
ensure that parking in proximity to any transfer development is
adequate.
RECOMMENDATION
It is recommended that the City Council approve the
proposed amendment to the Newport Dunes Development Agreement as
set forth in this memorandum and authorize the Mayor to execute
the amendment to the agreement.
RHB /pr
MMP /Dunes
R bent H. Burnham
City Attorney
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