HomeMy WebLinkAboutF-3a - Amended Newport Dunes Settlement Agreementc° - 239j
Agenda Item No. F-3(a)
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
October 24, 1988
TO: Honorable Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
RE: Amended Newport Dunes Settlement Agreement OCT 2 4 1988
— APPR(W,J)
Background:
In 1980, the Orange County Board of Supervisors approved the
Redevelopment Plan for Newport Dunes. The City of Newport Beach
filed a lawsuit challenging the adequacy of the EIR for the Plan
and alleging jurisdictional authority to regulate the proposed
development. This lawsuit was settled in 1983 with Council and
Board approval of the Newport Dunes Settlement Agreement.
On August 22, 1988, the City Council approved, in concept,
modifications to certain components of the Settlement Agreement
and authorized staff to discuss, with the County and its lessee,
amendments to provisions of the original Agreement relative to the
funding of circulation system improvements. These discussions
have resulted in the proposed amended Settlement Agreement
attached to this Memo as Exhibit "A."
Discussion:
We have prepared a chart that compares the original and amended
Settlement Agreements. (See chart at end of Memo). The
differences between the original and amended Agreement can be
summarized as follows:
1. Family Inn:
These provisions are the same, but the amended
Agreement incorporates 12,500 square feet of
restaurant space into the family inn;
2. Restaurant:
Restaurant development is the same, but 12,500
square feet of allowable development is to be
a
incorporated in the family inn, not constructed as
a freestanding facility;
3. RV Par k•
The number of spaces are the same, but we have
clarified provisions relative to the RV support
facilities to include a small convenience store,
laundry room, pool and recreation area. The
incorporation of these facilities into the RV Park
will reduce trips generated by the facility;
4. Office:
Permitted office development has been reduced from
10,000 square feet to 5,000 square feet;
5. Headquarters:
The size of the headquarters has been reduced from
12,000 square feet to 7,000 square feet;
6. Meeting Rooms:
One meeting room has been eliminated;
7. Boat Slips:
Remain the same;
8. Coffee Shop/Marine Repair Facilitv:
Has been increased from 4,900 square feet to 6,200
square feet;
9. Dry Boat Storage:
Remains the same;
10. Boat Launch /Parking:
The boat launch facility has been reduced from 10
lanes to 7 lanes, but we have required 185
boat /trailer spaces compared with no parking
requirement in original agreement;
11. Day Use Parking:
Reduced from 800 spaces to 645 spaces, but
boat /trailer parking will serve as overflow.
Also, there will be 110 visitor parking spaces
located within the RV Park to minimize the extent
to which RV parking spills over into day use area.
The amended Agreement does change the height limit of the family
inn and other structures. The original Agreement establishes a 35
foot height limit, but the structure could exceed 40 feet because
a pitched roof is measured on the basis of average roof height.
The amended Agreement proposes an absolute maximum pitched roof
height of 38.5 feet. The amended Agreement also allows mechanical
equipment to exceed the basic 35 foot height limit provided it is
fully screened from public view and does not exceed 38.5 feet.
These revised height limit provisions are consistent with the
original desire of the Council to insure the structure is limited
to three stories and does not adversely affect views from Pacific
Coast Highway.
The most significant difference between the original and amended
Agreements is found in the provisions relating to Fair Share and
Traffic Phasing contributions. The original Agreement required
the payment of $600,000 to fund intersection improvements required
by the Traffic Phasing Ordinance (TPO). This sum was to be paid
in four (4) equal installments beginning with the construction of
the family inn and concluding with the issuance of a Certificate
of Occupancy. The amended Agreement requires the $600,000 TPO
payment and $235,402 in Fair Share fees.l The TPO and Fair Share
fees are to be paid in phases, with the initial payment
commensurate with the execution of the Agreement, and substantial
contributions required prior to the construction of the RV Park
and renovation of the boat launch and boat storage facility.
(Payment schedule found on pages 13 and 14 of the proposed amended
Agreement.)
Recommendation:
It is recommended that the City Council authorize the Mayor and
City Clerk to execute the amended Newport Dunes Settlement
Agreement.
1
Ki
Early in the discussions, Newport Dunes took the
position it was not obligated to pay Fair Share
fees since the original Agreement was signed prior
to adoption of that Ordinance. However, the
original Agreement also required Newport Dunes to
comply with all building ordinances and Fair Share
is in Title 15 of the Municipal Code. Newport
Dunes has agreed to pay Fair Share fees provided
they were given a credit, as authorized by the
Fair Share ordinance for Master Plan circulation
system improvements made with the $600,000 TPO
contribution. Staff determined the Fair Share
fees to be $518,304, with an appropriate credit of
$282,902 (this credit included a $30,000 cost
savings resulting from a cooperative agreement
between The Irvine Company and City for the
widening of Jamboree near Back Bay Drive.
RHB /jc
Attachments
(Dictated,
but not read)
Robert H. Burnham'/
City Attorney �-�
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