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HomeMy WebLinkAbout05/14/1984 Item #F-9gA MEMORANDUM E OFFICE OF THE CITY ATTORNEY May 14, 1984 Agenda Item No. F -9 (g) C -33c�� 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 2