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A <br />MEMORANDUM <br />E <br />OFFICE OF THE CITY ATTORNEY <br />May 14, 1984 <br />Agenda Item No. F -9 (g) <br />C -33c�� <br />BY THE CITY COUNCIL <br />CITY Of NEWPORT BEACH <br />MAY 141964 <br />To: Hon. Mayor & Members of the City Council <br />From: Robert Burnham - City Attorney <br />Re: Proposed Amendment to e* -., t':DUnes, 9 t leaeitt.:A#xeeatent�` <br />On May 17, 1983, the City, County and Newport Dunes, <br />Inc. entered into an agreement which resolved litigation <br />commenced by the City with regard to a proposed redevelopment of <br />Newport Dunes. That settlement agreement authorized the <br />construction of two new restaurants of a specific size and <br />authorized the expansion of the existing restaurant (Anthony's <br />Pier II). <br />Newport Dunes, Inc. is now proposing an amendment to <br />the settlement agreement that would give the company discretion <br />to increase the size of one restaurant if there is a <br />corresponding decrease in the size of another. The proposed <br />amendment would read as follows: <br />"The permitted development for restaurant uses <br />may be reapportioned in a manner other than <br />that provided in subparagraphs 1 B 1 -3 subject <br />to the following conditions: <br />a) That the development is reapportioned on a <br />per sq. ft. basis such that there is no <br />increase in permitted development; and <br />b) That the reapportionment has been reviewed <br />and approved by the Director of the <br />Environmental Management Agency for the County <br />of Orange and the Planning Director of the <br />City of Newport Beach. <br />