HomeMy WebLinkAbout83-49 - Resolve Litigation Over Newport Dunes RedevelopmentRESOLUTION NO. 83 -49
• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR & CITY
CLERK TO EXECUTE AN AGREEMENT TO RESOLVE
LITIGATION OVER NEWPORT DUNES REDEVELOPMENT
WHEREAS, pursuant to the provisions of Chapter 526 of
the California State Statutes of 1919, the State of California
granted certain tidelands to the County of Orange, which grant
was subject to certain conditions and restraints on the use of
the property. These tidelands were re- granted by the State to
the County, pursuant to the provisions of Chapter 415 of the
Statutes of 1975; this grant again subject to certain conditions
and restraints on the use of the property; and
WHEREAS, The County of Orange has leased the property
to Newport Dunes Corporation pursuant to two leases which run to
May 30, 2008 and February 28, 2015, respectively; and
WHEREAS, pursuant to these leases, Newport Dunes
Corporation has improved the property such that certain
recreational and visitor - serving facilities are now located on
the property. These facilities include the following:
The existing Anthony's Restaurant is approximately 7,500 sq. ft.
and the
i) A beach, consisting of approximately eleven
acres, together with concessions to serve beachgoers such as fast
food stands and businesses which rent beach equipment;
ii) A recreational vehicle and travel trailer
camping area, with 64 spaces fully serviced by sewer, water and
electricity and 80 spaces which are partially served by such
0 utilities;
iii) A restaurant known as Anthony's Pier II locat-
ed on the northwesterly edge of the swimming lagoon and consist-
ing of approximately 7,500 sq. ft, of public area, and a coffee
shop, known as the Sportsman, consisting of approximately 2,000
sq. ft. of public area and located on the easterly side of the
lagoon in the area of the current boat - launching facilities;
iv) A boat repair business known as "Anchor Marine
Repair ", a dry boat storage area with room for approximately 350
boats and a six -lane boat launching ramp;
V) A structure, located near Anthony's Pier II,
consisting of approximately 1,500 sq. ft. which presently serves
as the headquarters and equipment yard for Corporation; and
WHEREAS, commencing in 1976, County and Corporation
embarked on a process designed to redevelop the property by en-
larging, or improving, existing facilities and constructing new
facilities. This process culminated, in 1980, with the approval,
in concept, of a redevelopment plan for the property which called
for the construction of a motel or family inn with 350 rooms,
construction of "meeting rooms" with a seating capacity of 400
persons, the construction of four additional coffee shops and
snack bars, at least one of which would seat 150 persons, con-
struction of 263 additional boat slips, the construction of a
"marina village" consisting of approximately 50,000 sq. ft. of
commercial and retail development, the construction of approxi-
mately 20,000 sq. ft. of facilities described as "marina
amenities ", the construction of approximately 12,000 sq. ft. of
unspecified, commercial development, the upgrading and enlarging
• of the recreational vehicle area, and the construction of other
development to support the primary uses;
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WHEREAS, in February, 1981, the City instituted litiga-
tion in response to the approval of County of the redevelopment
• plan for the property. This lawsuit is presently pending in
Orange County Superior Court (Case No. 35- 01 -35) and seeks a
declaration of that Court that the approval of the redevelopment
plan by County was in violation of provisions of the California
Environmental Quality Act (CEQA) and the State EIR Guidelines
(Guidelines) promulgated pursuant to that legislation. City, in
its complaint, also seeks a declaration of that Court that the
property and the proposed redevelopment is subject, in all res-
pects, and that any construction on the property must be approved
by City and carried out in accordance with the ordinances of
City; and
WHEREAS, subsequent to the filing of the lawsuit, all
of the interested parties have engaged in a collective discussion
with the intention of resolving all of the issues and concerns
raised by the redevelopment plan and the litigation instituted by
City. The development authorized by this agreement, as condi-
tioned is provided herein, resolves all of these issues and con-
cerns in that:
(i) The conditions imposed on the development mitigate,
to an acceptable level, any adverse environmental impacts that
may result from the construction or use of the facilities to be
built;
(ii) The restrictions imposed upon the development
authorized by this agreement, and the commitments with respect to
City approval of future development, are adequate to fully pro-
16 tect the health, welfare and safety of the citizens of Newport
Beach;
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(iii) The commitments contained in this agreement will
resolve, with certainty, the issues relative to land use control
of the property without the undue expenditure of taxpayers' funds
and the uncertainty that would result from continued litigation
of those issues; and
WHEREAS, it is in the best interests of the City to
authorize the Mayor and City Clerk to execute this Agreement.
NOW, THEREFORE, BE IT RESOLVED the the Mayor and City
Clerk are hereby authorized to execute a Settlement Agreement,
which will resolve the litigation commenced by the City regarding
the Newport Dunes Redevelopment Plan, allow the redevelopment of
the property in accordance with the terms and conditions of the
Agreement, and require City concurrence with respect to any fu-
ture development.
ADOPTED this 9th
ATTEST:
RIM ;G ,%
..
RSP /Dunes
day of May 1983.
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