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HomeMy WebLinkAbout2009-9 - Hyatt Regency ExpansionRESOLUTION NO. 2009- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFIYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH. NO. 2006121052) FOR HYATT REGENCY NEWPORT BEACH HOTEL EXPANSION AND TIMESHARE PROJECT LOCATED AT 1107 JAMBOREE ROAD IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND STATE AND LOCAL GUIDELINES, MAKING CERTAIN FINDINGS AND DETERMINATIONS THERETO, AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, an application was filed by Sunstone Jamboree, LLC ( "Sunstone "), requesting approval of Parcel Map No. 2007 -003, Use Permit No. 2005 -046, Modification Permit No. 2007 -095, and Development Agreement No. 2005 -002, with respect to property located at 1107 Jamboree Road, and legally described as Parcels 1 and 2 as shown on a Parcel Map recorded in Book 17, Page 3, of Maps in the Office of the County Recorder of Orange County ( "Property"), to expand the existing Hyatt Regency Newport Beach hotel. Proposed improvements include the addition of 88 timeshare units, a new 800 -seat ballroom facility, a new 10,072- square -foot spa and fitness center, a new housekeeping and engineering building, and a two-level parking garage. Project implementation requires the demolition of 12 existing hotel rooms, the existing 3,190 - square -foot Terrace ballroom, and the existing engineering and maintenance building, and removal of the existing nine -hole golf course; and WHEREAS, it was determined pursuant to CEQA and the CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ( "EIR "); and WHEREAS, on December 18, 2006, the City of Newport Beach, as lead agency under CEQA, prepared a Notice of Preparation ( "NOP ") of the EIR; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ( "DEIR "), which, taking into account the comments it received on the NOR described the Project and discussed the environmental impacts resulting there from, and on February 12, 2008, circulated the DEIR for public and agency comments; and WHEREAS, the public comment period closed on March 27,2008; and WHEREAS, staff of the City of Newport Beach has reviewed the comments received on the Draft EIR, has prepared full and complete responses thereto, and on October 17, 2008 distributed the responses in accordance with Public Resources Code Section 21092.5; and WHEREAS, the EIR has been prepared and circulated for public review in accordance with the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "); and WHEREAS, on October 23, 2008 and November 6, 2008, the Planning Commission of the City of Newport Beach, California, held a duly noticed public hearings to consider recommending: (1) the certification of the Final Environmental Impact Report ( "FEIR °), and (2) the adoption of certain findings and determinations; and WHEREAS, on February 24, 2009, the City Council of the City of Newport Beach, California, held a duly noticed public hearing to consider: (1) the certification of the Final Environmental Impact Report ("FEIR"), and (2) the adoption of certain findings and detenninations; and WHEREAS, a combined Final Environmental Impact Report (collectively, "FEIR ") for the Project was presented to the City Council, the decision making body of the lead agency, for certification as having been completed in compliance with the provisions of CEQA and State and local guidelines implementing CEQA; and WHEREAS, the City Council has read and considered all environmental documentation comprising the FEIR, including the comments and the responses to comments, and has found that the FEIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA and of the State and local CEQA Guidelines; and WHEREAS, prior to action on this Project, the City Council has considered all significant impacts and Project attematives identified in the FEIR and has found that all potentially significant impacts of the Project have been lessened or avoided to the extent feasible; and WHEREAS, CEQA and the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and WHEREAS, CEQA and the CEQA Guidelines require, where the decision of the City Council allows the occurrence of significant environmental effects which are identified in the EIR, but are not mitigated, the City Council must state in writing the reasons to support its action based on the FEIR and/or other information in the record; and WHEREAS, the City Council has determined that the Project is consistent with the General Plan and Zoning Regulations of the City of Newport Beach. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: SECTION 1. Based on its review and consideration of the FEIR, all written communications and oral testimony regarding the Project which have been submitted to and received by the City Council, the City Council hereby certifies that the FEIR for the Project has been completed in compliance with CEQA and the State and local CEQA Guidelines. The City Council, having final approval authority over the Project, adopts and certifies as complete and adequate the FEIR, which reflects the City Council's independent judgment and analysis. The City Council further certifies that the FEIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to approving the Project. SECTION 2. CEQA Finding and Statement of Facts. Pursuant to CEQA Guidelines Section 15091, the City Council has reviewed and hereby adopts the CEQA Finding and Statement of Facts as shown on the attached Exhibit "A" entitled "CEQA Finding and Statement of Facts," which exhibit is incorporated herein by reference. SECTION 3. Mitigation Monitoring and Reporting Program. Pursuant to CEQA Guidelines Section 15097, the City Council has reviewed and hereby adopts the "Mitigation Monitoring and Report Program" which is included as Exhibit "B ", which exhibit is incorporated herein by reference. SECTION 4. Location and Custodian of Record of Proceedings. The Planning Department of the City of Newport Beach, located at 3300 Newport Boulevard, Newport Beach, California 92263, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (California Government Code Section 6250 et seq.). SECTION 5. Notice of Determination. The Planning Director shall cause the filing of a notice of determination with the County Clerk of the County of Orange and with the state Office of Planning and Research within five working days of this approval. SECTION 6. Certification. Posting and Filing. This resolution shall take effect immediately upon its adoption by the City Council of the City of Newport Beach, and the City Clerk shall certify to the vote adopting this resolution and shall cause a certified copy of this resolution to be filed. PASSED, APPROVED AND ADOPTED THIS 24th DAY O� FE$RUARY, 2009. ATTEST: CITY CLERK MA 1' CEQA FINDINGS OF FACT REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION STATE CLEARINGHOUSE NO. 2006121052 Exhibit A BACKGROUND The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the Lead Agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA A. PROJECT SUMMARY The proposed project is an expansion of the existing Hyatt Regency Newport Beach hotel. Proposed improvements include the addition of 88 new timeshare units; a 24,387 square -foot, 800 -seat ballroom/meeting building; a 10,072 square -foot spa and new pool; and a two -level parking garage. As proposed, implementation would require demolition of 12 villas (rooms) and the 3,190 - square -foot terrace ballroom, and removal of the nine -hole golf course. The project is consistent with the City's General Plan and Zoning Code and is also consistent with the 1993 Circulation Improvement and Open Space Agreement (CIOSA) between the City of Newport Beach and The Irvine Company (the project applicant's predecessor -in- interest for the property). B. ENVIRONMENTAL REVIEW PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Newport Beach CEQA Guidelines, the City of Newport Beach conducted an extensive environmental review of the proposed project. • The City of Newport Beach determined that an EIR would be required for the proposed project and issued a Notice of Preparation (NOP) and Initial Study on December 17, 2006. The public review period, was extended from December 18, 2006 to January 16, 2007. Section 2.2 of the Draft EIR (DEIR) describes the issues identified for analysis in the DEIR through the Initial Study, NOP, and public scoping process. • Based upon the Initial Study and Environmental Checklist Form, the City of Newport Beach staff determined that a DEIR should be prepared for the proposed project. The scope of the DEIR was determined based on the City's Initial Study, comments received in response to the NOP, and comments received at the scoping meeting conducted by the City. • The City of Newport Beach prepared a DEIR, which was made available for a 45 -day public review period, beginning February 12, 2008 and ending March 27, 2008. • The City prepared a Final EIR (FEIR), including the Responses to Comments to the DEIR, the Findings of Fact, and the Statement of Overriding Considerations. The Hyatt Regency Newport Beach Expansion CEQA Findings of Fact 1 - FEIR/Response to Comments contains comments on the DEIR, responses to those comments, revisions to the DEIR, and appended documents. • The City held public hearings on the proposed project, including a Planning Commission hearing on October 23, 2008 and November 6, 2008 and a City Council Hearing on February 24, 2009. C. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: • The NOP and all other public notices issued by the City in conjunction with the proposed project; • The FEIR for the proposed project; • The DEIR; • All written comments submitted by agencies or members of the public during the public review comment period on the DEIR; • All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR; • All written and verbal public testimony presented during a noticed public hearing for the proposed project; • The Mitigation Monitoring and Reporting Program (MMRP); • The reports and technical memoranda included or referenced in the Response to Comments; • All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and FEIR; • The Resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein including comments received after the close of the comment period and responses thereto; • Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations; • Any documents expressly cited in these Findings; and • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). D. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the project are al the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658. The City Planning Department is the custodian of the administrative record for Hyatt Regency Newport Beach Expansion CEQA Findings of Fact - 2 - the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Department. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(a). II. FINDINGS AND FACTS AND OVERRIDING CONSIDERATIONS The City of Newport Beach, as Lead Agency, is required under CEQA to make written findings concerning each alternative and each significant environmental impact identified in the DEIR and FEIR. Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact - 3 - (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. The "changes or alterations" referred to in Section 15091(a)(1) may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. III. FINDINGS AND FACTS REGARDING IMPACTS A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT Initial Study An Initial Study was prepared by the City of Newport Beach to identify the potential significant effects of the project. The Initial Study was completed and distributed with the Notice of Preparation for the proposed project, dated December 17, 2006. The Initial Study determined that the proposed project would not have the potential to result in significant impacts to mineral resources, agricultural resources, utilities and service systems, recreation and population and housing. All other topical areas of evaluation as included in the Environmental Checklist were determined to require further assessment in an EIR. Final EIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project- specific mitigation measures. This determination, however, does assume compliance with Existing Regulations as detailed in Chapter 5 of the FEIR. 1. Aesthetics Environmental Impact: The proposed project would alter the visual appearance of the project area. The 25.7 -acre project site is currently developed with the Hyatt Regency Newport Beach, a resort-style hotel. Project implementation would intensify on -site land uses by removing open space (nine -hole golf course) and introducing new structures (including seven new timeshare unit buildings, a new 800 -seat ballroom, and a two-story parking structure). The majority of the hotel expansion would consist of redevelopment in the northern, northwestern, and southern portions of the project site. Other upgrades would also occur in the central portion of the project site. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -4- As demonstrated in the visual simulations and visual simulation analysis in the DEIR, expansion of the Hyatt Regency Newport Beach hotel would not have a substantial adverse affect on scenic vistas or substantially alter the visual appearance of the project site or surrounding area. With implementation of Land Use Policy 5.6.3 and compliance with the municipal code regulations, the impact regarding lighting, nighttime lighting impacts and potential spillover of the proposed hotel expansion would be less than significant. Environmental Impact: The proposed project would generate additional nighttime light and glare. The project site is currently developed with the Hyatt Regency Newport Beach and generates nighttime light and glare. Additionally, a significant amount of ambient lighting from surrounding land uses already exists. Expansion of the hotel would result in additional lighting, which would increase nighttime light and glare in the project area. The light sources proposed for the hotel expansion are similar to those of the existing hotel and the surrounding land uses. More specifically, additional lighting would be required to provide nighttime illumination for the proposed timeshare buildings, ballroom and ancillary structures, internal drive aisles and walkways, and parking areas. Nighttime illumination would also be used to highlight building design and landscape features and to create a feeling of security and safety. Other sources of light would include security lighting, minimal nighttime traffic, and light associated with the nighttime use of the timeshare units and hotel's recreational facilities, such as the timeshare clubhouse and pool and fitness center. With implementation of Land Use Policy 5.6.3 and project compliance with the municipal code regulations regarding lighting, nighttime lighting impacts and potential spillover of the proposed hotel expansion would be less than significant. 2. Air Quality Environmental Impact: The proposed project is consistent with the applicable Air Quality Management Plan. The land use designation for the site specifically entitles the hotel to expand to 479 rooms as proposed by the project. Ancillary uses, such as the new 800 -seat ballroom, are considered to be included in this existing entitlement. In addition, the proposed hotel uses would not exceed the South Coast Air Quality Management District (SCAQMD) operational emission thresholds. The SCAQMD does not consider projects that result in emissions below the daily operational phase thresholds to be a substantial source of air pollutant emissions. Consequently, it would not significantly interfere with the goals of the AQMP. Because the proposed project is consistent with the City's General Plan and would not result in substantial quantities of air pollution, the project would therefore be considered consistent with the AQMP. Environmental Impact: The proposed project is not a regionally significant project that could potentially cumulatively contribute to climate change impacts in California. Although the proposed project is not considered a regionally significant project, the proposed project would contribute to global warming through direct emissions of GHG and indirectly through removal of existing vegetation and replacement of the surface area with paved parking lots, sidewalks, and structures. Project- related CO, emissions from operation and construction activities were calculated by URBEMIS2007 with the exception of COza emissions from off-site energy use from on -site energy production, Hyatt Regency Newport Beach Expansion CEQA Findings of Fact - 5 - which were calculated based on average energy demand for commercial lodgings and GHG emission rates by region from the United States Department of Energy (USDOE). The proposed project is not considered a regionally significant project by SCAG and criteria pollutant emissions would not exceed the SCAQMD thresholds, project- related CO, emissions and their contribution to global climate change impacts in the State of California are considered less than cumulatively considerable. Environmental Impact: Construction activities associated with the proposed project would not generate short-term emissions in exceedance of SCAQMD's threshold criteria. Construction activities associated with new development occurring in the project area would temporarily increase localized PM,,, ROG, NO, SO, and CO concentrations in the project vicinity. The primary source of construction- related ROC and NOx emissions is gasoline - and diesel - powered heavy -duty mobile construction equipment. Primary sources of PM,, emissions would be clearing and demolition activities, excavation and grading operations, construction vehicle traffic on unpaved ground, and wind blowing over exposed earth surfaces. Construction emissions for the project would not exceed SCAQMD standards. Consequently, no significant regional air quality construction- related impacts would occur. Environmental Impact: Long -term operation of the project would not generate additional vehicle trips and associated emissions in exceedance of SCAQMD's threshold criteria. Long -term air emission impacts are those associated with changes in stationary and mobile sources related to the proposed project. Using the default emission factors included in URBEMIS2007, emissions associated with project- related vehicular trips were calculated and project- related emissions would not exceed the SCAQMD daily emissions for all the analyzed pollutants. Therefore, the proposed project's impact to air quality is considered less than significant. Environmental Impact: The proposed project would not expose sensitive receptors to substantial pollutant concentrations. The proposed project has the potential to expose sensitive receptors to elevated pollutant concentrations if it would cause or contribute significantly to elevated pollutant concentration levels or place the project in an area with elevated pollutant concentrations. As shown in the DEIR, project emissions would not exceed Local Significance Thresholds (LSTs) for CO, NO„ PM, and PM,_,. Because the project's operational emissions would not exceed the LSTs for a 5 -acre site, air pollutant concentrations from project- related operational activities would not exceed the California or federal AAQS and no significant air quality impact would occur from exposure of persons to substantial air pollutant concentrations. Because the project's construction emissions would not exceed the stringent LST for a five -acre site, no air pollutant concentrations from project related construction activities would exceed the California or federal AAQS and no significant air quality impact would occur from exposure of persons to substantial air pollutant concentrations. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact - 6 - 3. Biological Resources Environmental Impact: The proposed development and related fuel modification would not remove any coastal sage scrub and would comply with the City's Coastal Act Policies set forth to protect environmentally sensitive habitat areas (ESHA). The coastal sage scrub (CSS) habitat adjacent to the project site is assumed to be an ESHA. The project design would result in complete avoidance of off -site CSS. In compliance, grading nor fuel modification activities would not remove any CSS. In addition, the project design includes a minimum 50 -foot buffer between developed areas and off -site CSS to assure full compliance with the City's Coastal Land Use Policies. Environmental Impact: Development of the proposed project would not impact any sensitive plant species. The majority of the project site includes existing golf course, which is predominantly turf grass with ornamental landscaping. The conversion of turf and ornamental landscaping to hotel uses would not be considered a significant impact on biological resources. No special status plants were observed during site reconnaissance, and none have the potential to occur, as the entire site is landscaped. Environmental Impact: The proposed project would not affect wildlife movement. The existing golf course does not function as a wildlife movement corridor and the proposed project would not impact wildlife movement. Environmental Impact: The proposed project would not conflict with any local policies or ordinances and would comply with the provisions of the Central /Coastal HCP/NCCP. Project development would completely avoid CSS and would comply with ESHA policies as detailed in the City's Coastal Land Use Plan. There are numerous palm trees located on the project site, and although these trees are not protected by any of the City's local ordinances or policies regarding trees, the majority of the trees would be retained in place or transplanted within the property boundaries. 4. Geology and Soils Environmental Impact: The proposed project would not result in substantial soil erosion or the loss of topsoil. Substantial soil erosion is not expected to occur during the operational phase of the proposed project. However, construction of the proposed project would involve grading, excavation, and hauling of materials (including dirt, demolition debris, etc.) off the site. These activities may result in the loss of topsoil or substantial soil erosion impacts on off - she areas, such as nearby streets and storm drains, which could expose people or structures to potential substantial adverse effects. Compliance with local and state codes are required for erosion control and grading during construction. The proposed project shall comply with standard conditions, including South Coast Air Quality Management District (SCAQMD) Rules 402 and 403, which would reduce construction erosion impacts. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact - 7 - 5. Hazards and Hazardous Material Environmentallmpact:The proposed project could create a hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of haze dous materials into the environment. There is a possibility that hazardous demolition debris containing asbestos and /or lead -based paint may require remediation and off-site transportation. Implementation of the project would require the demolition of 12 villas, the 3,190- square- foot Terrace Ballroom, and hardscape materials such as concrete and asphalt. Based on the type and age of the buildings, there is a potential for hazards involving the release of asbestos and lead -based paint as a result of the demolition of these structures. Without proper monitoring, removal, and disposal, lead -based paint chips and friable asbestos may be released to the environment, causing potential exposure to humans. Upon implementation of project design features, regulatory requirements, and standard conditions of approval, this impact would be less than significant. Environmental Impact:The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, development would not be expected to create a significant hazard to the public or the environment. Based on a review of the GeoSearch environmental database report, historical aerial photographs, and historical topographic maps, the project is not located on a site that is included on a list of hazardous materials sites. The database search did not identify any hazardous substance releases on- or off -site that would be expected to have an impact on the project site. Upon implementation of project design features, regulatory requirements, and standard conditions of approval, this impact would be less than significant. Environmental Impact:The project site is located within the boundaries of an airport land use plan, it is 3.5 miles from the airport and project implementation would not be expected to result in a safety hazard for people residing or working in the project area. The project site is approximately 3.5 miles south of the John Wayne Airport (JWA), which is overseen by the Airport Land Use Commission (ALUC). The project site is within the AELUP Height Restriction Zone for JWA. In addition, the project site is located within the FAR Part 77 JWA Airport Obstruction Imaginary Surfaces Zone. The project site is located within Safety Zone 6 Traffic Pattern Zone, as indicated in Caltrans, California Airport Land Use Planning Handbook (January 2002). Allowed uses within this safety zone include residential and most nonresidential uses. The proposed project would create vacation dwellings that are intermittently occupied and would be expected to fall within the allowable nonresidential use category. The project is also located within an Airport Influence Area, which is defined as the space surrounding an airport that can be affected by airport operations. The proposed project shall comply with AB 2776, which notifies prospective buyer /renters of the existence of an airport in the area. Upon implementation of project design features, regulatory requirements, and standard conditions of approval, this impact would be less than significant. 6. Hydrology and Water Quality Environmental Impact: The proposed project would not violate any water quality standards or waste - discharge requirements, provide substantial additional sources of polluted runoff, or otherwise degrade water quality. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact - 8 - The construction and operational phases of the proposed project could have the potential to impact water quality. Construction activities associated with the proposed project may impact water quality due to sheet erosion of exposed soils. The operational phase would alter the existing land uses of the project site and would, consequently, alter the anticipated and potential pollutant sources generated at the site. The DEIR discusses in detail components of the site- design, source control, and treatment control BMPs that would be incorporated as a part of the proposed project. Collectively, the site- design and source, and treatment - control project design features would address the anticipated and expected pollutants of concern from the operational phase of the proposed project. Additionally, through the development- review process, the City of Newport Beach complies with various statutory requirements necessary to achieve regional water quality objectives and protect groundwater and surface waters from pollution by contaminated stormwater runoff. Stormwater runoff generated from within the project site would be managed in accordance with all applicable federal, state, and local water quality rules and regulations in order to effectively minimize the project's impact on water quality. Upon implementation of regulatory requirements, this impact would be less than significant. Environmental Impact: Expansion of the Hyatt Regency Newport Beach would not substantially alter the existing drainage pattern of the site or area, resulting in substantial erosion or siltation, or flooding on- or off -site. Collectively, the site - design and source, and treatment- control project design features would address the anticipated and expected pollutants of concern from the operational phase of the proposed project. Additionally, through the development- review process, the City of Newport Beach complies with various statutory requirements necessary to achieve regional water quality objectives and protect groundwater and surface waters from pollution by contaminated stormwater runoff. Stormwater runoff generated from within the project site would be managed in accordance with all applicable federal, state, and local water quality rules and regulations in order to effectively minimize the project's impact on water quality. Upon implementation of regulatory requirements, this impact would be less than significant. 7. Land Use and Planning Environmental Impact: The proposed Hyatt Regency expansion is consistent with applicable local plans, including the City of Newport Beach General Plan, Zoning Code, and Local Coastal Program Land Use Plan. A detailed analysis of the proposed project's consistency with the applicable policies of the various elements of the Newport Beach General Plan is provided in Table 5.8 -1 in the DEIR. The analysis concludes that the proposed project would be consistent with the applicable policies of the Newport Beach General Plan. Therefore, implementation of the proposed project would not result in significant land use impacts related to relevant Newport Beach General Plan policies. Project implementation will not interfere with applicable local plans, including the City of Newport General Plan, Zoning Code, and Local Coastal Program Land Use Plan. Environmental Impact: Implementation of the project would be in accordance with the vested entitlement for the project site under the 1993 Circulation Improvement and Open Space Agreement (CIOSA). Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -9- The proposed project is consistent with the existing development entitlement for the project site under the 1993 CIOSA. The proposed agreement authorizes the operation of additional hotel rooms, which the project applicant proposes to, operate as timeshare units. Upon development, there will be a total of 479 rooms on the property. Environmental Impact: The proposed Hyatt Regency Expansion would comply with the John Wayne Airport Environs Land Use Plan ( AELUP). The project site is located within the Height Restriction Zone and the Airport Obstruction Imaginary Surface Overlay Zone as designated in the AELUP for JWA. Although the project site is included in the Height Restriction and Airport Obstruction Imaginary Surface Overlay Zones as designated in the AELUP, the proposed project does not include a general plan or specific plan amendment or the adoption or approval of a zoning ordinance or building regulation. The proposed project would be consistent with the building height limitations set forth under the current civilian airport standards of the AELUP and would not require submittal to ALUC for consistency review. 8. Noise Environmental Impact: The increase in traffic from operation of the Hyatt Regency Expansion Project would not significantly increase traffic noise levels. The operations phase of the project would generate noise primarily associated with vehicular trips. In accordance with General Plan Policy N1.8, project- related noise impacts may occur if there are substantial noise increases (3 dBA or more when the existing CNEL is 60 dBA or less, 2 dBA or more when the CNEL is between 60 and 65 dBA, 1 dBA or more when the CNEL is between 65 and 75, or any amount when the CNEL exceeds 75 dBA in the vicinity of any noise - sensitive receptors) in comparison to Without Project conditions. The project would increase traffic noise levels by a maximum of 0.1 dBA on Jamboree Road, north of Santa Barbara Drive and south of the Hyatt Regency entrance. At these locations, future noise levels at the residences would be less than 75 dBA. Consequently, a project- related noise increase of less than 1 dBA at Jamboree Road north of Santa Barbara Drive and south of the Hyatt Regency entrance would not significantly contribute to the impacted noise environment in the vicinity of noise - sensitive receptors. Environmental Impact: New stationary noise sources from long -term operation of the Hyatt Regency Newport Beach Expansion would not substantially elevate noise levels in the vicinity of noise - sensitive land uses. Operation of the Hyatt Regency project would include the following improvements: 88 new timeshare units, a new 800 -seat ball room, a new 10,072 -square -foot spa and pool, housekeeping and engineering building, and a new two -level parking garage. Use of these new facilities would generate stationary noise at the Hyatt Regency in Newport Beach. Currently, stationary noise sources at the project site include noise sources associated with landscaping, maintenance, recreation (goH and pool), deliveries, parking, and events (conferences, weddings, etc). Use of the new facilities would generate similar types of stationary noise on -site and due to the current levels of activity on -site, the expansion of the on -site facilities would not substantially increase noise levels when located in the vicinity of similar facilities at the Hyatt Regency Newport Beach, including the ballroom facilities. Consequently, the project would be required to abide by the mandatory noise limits of the Newport Beach Municipal Code. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact _10- Environmental Impact: Newly expanded on -site noise - sensitive uses would be compatible with the noise environment. Operation of the proposed project would include the following noise- sensitive uses: 88 new timeshare units, a new 800 -seat ballroom, and a new 10,072- square -foot spa and pool. Pursuant to the City of Newport Beach General Plan, new Commercial (Regional, District) - Hotel, Motel, and Transient Lodging land uses are considered noise impacted if they are located in a noise environment that exceeds 70 dBA CNEL. Consequently, exterior noise levels at these noise - sensitive land uses are calculated at 66.4 dBA CNEL, and would be within the normally compatible noise environment. Exterior noise levels at other proposed facilities of the Hyatt Regency expansion would be at even greater distances, and therefore would also be within a normally compatible noise environment. For interior noise environments associated with the proposed project, the state of California requires that new construction achieve a noise environment of 45 dBA CNEL. Consequently, interior noise environments at the nearest noise- senstive structures to Jamboree Road are calculated at 54.4 dBA CNEL with windows open and 42.4 dBA CNEL with windows closed. Therefore, standard building construction would be sufficient to meet the California Building Code noise -level requirements. Environmental Impact: Construction of the Hyatt Regency Newport Beach Expansion would not generate vibration levels that exceed the Federal Transit Administration's (FTA) criterion for human annoyance at nearby residential structures. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. Hence, the communities of Harbor Cove and Villa Point would not be affected by construction vibration generated at the project site, as these communities are significantly elevated above the project she on a bluff and are located at a significant distance from project - related construction activities. The nearest vibration- sensitive off -site uses are the communities of Bayview Landing, the senior community south of Back Bay Drive, and the Sea Island residential community east of Jamboree Road. The majority of heavy construction equipment would be used during grading operations. The FTA has established thresholds for vibration levels that would cause annoyance to a substantial number of people or damage to building structures. As shown in the DEIR, construction of the project would not generate levels of vibration that exceed the FTA criterion for nuisance for existing residential uses. Environmental Impact: The Hyatt Regency is located outside the 60 and 65 DBA CNEL noise contour of the John Wayne Airport and would not result in substantial aircraft noise exposure to future occupants and workers. The project site is located approximately 3.5 miles south of the John Wayne Intemational Airport, under the primary departure corridor. Noise from takeoffs and occasionally landings contribute to the ambient noise environment at the project site. The John Wayne Airport maintains a network to monitor aircraft noise levels in the vicinity of the airport. The project site is in close proximity to the airport's noise monitor No. 7. As shown in the DEIR, the Hyatt Regency is located outside the 60 and 65 dBA CNEL noise contours for the airport. Therefore the project would not expose future occupants and workers to excessive noise levels from the John Wayne Airport. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact 11 - 9. Public Services Environmental Impact: The proposed project's incremental increase in demand for City fire protection services would not significantly impact the Newport Beach Fire Departmerri's ability to provide fire and emergency /medical services. Increased usage generated by the expansion of the Hyatt Newport Beach may increase the need for fire protections services, emergency medical services, ambulance transportation, and rescue operations. Provision of additional fire facilities are added incrementally as the need arises. The NBFD indicated that no additional fire equipment or personnel would be needed to maintain the necessary level of service. Environmental Impact:The proposed project's introduction of new structures, workers and visitors into the City of Newport Beach police service boundaries would not substantially increase the demand for police protection services. According to the service correspondence received from NBPD, the proposed project would add to the number of service calls received to serve the area, and the department has no immediate or near future plans to expand police facilities, staff, or equipment. However, NBPD indicated that they have adequate staffing levels to serve the proposed project. 10. Transportation/Traffic Environmental Impact:The proposed project would generate an estimated total of 661 daily vehicle trips and 51 AM and 58 PM peak hour trips. These project - related trips would not impact levels of service for the existing area roadway system. Operational Impacts. The City of Newport Beach standard for the minimum acceptable intersection LOS is D. Currently, the 10 study intersections are all currently operating at acceptable levels of service per the City's standard (LOS D or better). Four of the ten intersections that were studied would operate at unacceptable levels of service (E or worse) with or without the proposed project during the PM peak hour. However, the increase in V/C resulting at these intersections from project- related traffic would not exceed the 0.010 impact threshold established by the City of Newport Beach. Therefore, the impact would be less than significant. Construction Impacts. Three of the four intersections would operate at unacceptable levels of service (E or worse) with or without the proposed project during the PM peak hour. The contribution of project- related trips to the Jamboree Road /Coast Highway and Coast Highway/MacArthur Boulevard intersections would be less than significant. A significant traffic impact would occur at the Jamboree Road /San Joaquin Hills Road intersection during the PM peak hour under the with project condition. However, this traffic impact would be temporary, as it would only occur during the construction phase of the proposed project and would not impose a long -term traffic impact. Environmental Impact: The project- related volume - to-capacity ratio (V /C) increase of 0.001 and 0.002 in the AM and PM peak hours for Coast Highway /MacArthur Boulevard intersection, (the only congestion management plan (CMP) intersection in the study area) would be less than the 0.010 V/C increase that would be classified as a significant impact. The project, therefore, would not result in a designated road or highway exceeding County Congestion Management Agency service standards. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -12- Under future conditions (Year 2012) with and without the proposed project, the Coast Highway /MacArthur Boulevard intersection would operate at LOS C and LOS E, respectively, for AM and PM peak hour conditions. The CMP defines a significant impact as an increase in V/C of 0.010 or greater during either the AM or PM peak hour. The project's contribution to trips at this intersection is less than significant as it would not exceed this impact threshold. Environmental Impact: On-site site access and circulation to accommodate the new timeshare units, ballroom facility, and ancillary uses would not increase hazards or incompatible uses. With the proposed expansion, the project site would include four access driveways. The primary access driveway would remain on Jamboree Road at the existing signalized intersection with Island Lagoon Road. This driveway would continue to serve as the primary access point for hotel guests and visitors. A second main access driveway would be created on Back Bay Drive by enhancing an existing, rarely used gated driveway approximately 200 feet west of the intersection of Jamboree Road and Bads Bay Drive. This driveway would be an upgrade of the existing driveway and would serve as the primary access for visitors and guests attending conferences and functions at the hotel. Additionally, this access driveway would be modified from a gated to an ungated entry. Two additional secondary access driveways are proposed farther west on Back Bay Drive. One driveway would provide secondary access to the main parking lot and the fourth driveway furthest to the west would provide emergency vehicle access to the new timeshare units and the hotel. Vehicles traveling to and from the timeshare units would use Driveway 1 as the main access point to the Hyatt Regency property. Parking facilities for these timeshare units would be adjacent to the units. Vehicles accessing the timeshare units would circulate to the north of the project site, away from the main parking facilities in the southern portion of the project site. With the separation of on -site vehicle traffic for the hotel and traffic for the timeshare units, no significant impacts to on- site traffic circulation are anticipated to be caused by the proposed timeshare units. B. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant. 1. Biological Resources Environmental Impact: Construction- related activities could have a temporary adverse impact on coastal California Gnatcatchers (CAGN) nesting in preserved areas of coastal sage scrub adjacent to the site. Construction of the project could have a temporary adverse impact on CAGN nesting within preserved areas of coastal sage scrub adjacent to the site due to construction noise, which could disrupt breeding activities. Potential impacts due to construction noise could be considered harassment under the Federal Endangered Species Act (FESA) and would be addressed through coordination with the U.S. Fish Wildlife Service (USFWS). Such impacts could potentially require authorization through the Section 7 or Section 10 process. Mitigation Measures: The following mitigation measures were included in the DEIR and the FEIR, and are applicable to the proposed project. The measures as provided include any revisions incorporated in the FEIR. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -13- 3 -1 The applicant shall comply with requirements of the NCCP /HCP, including construction- related minimization and mitigation measures that minimize impacts to the coastal California gnatcatcher and other coastal sage scrub species. These include: To the maximum extent practicable, no grading of coastal sage scrub habitat that is occupied by nesting gnatcatchers shall occur during the breeding season (February 15 though July 15). It is expressly understood that this provision and the remaining provisions of these "construction- related minimization measures" are subject to public health and safety considerations. These considerations could require unexpected slope stabilization, erosion control measures, and emergency facility repairs. In the event of such public health and safety circumstances, landowners or public agencies /utilities will provide USFWS /CDFG with the maximum practicable notice (or such notice as is specified in the NCCP /HCP) to allow for capture of gnatcatchers, cactus wrens, and any other coastal sage scrub Identified Species that are not otherwise flushed, and shall carry out the following measures only to the extent practicable in the context of public health and safety considerations. Prior to commencement of grading operations or other activities involving significant soil disturbance, all areas of coastal sage scrub habitat to be avoided under the provisions of the NCCP /HCP shall be identified with temporary fencing or other markers clearly visible to construction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of coastal sage scrub, a survey shall be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer extent of projected soil disturbance activities and the locations of any such species shall be clearly marked and identified on the construction /grading plans. Following the completion of initial grading /earth- moving activities, all areas of coastal sage scrub habitat to be avoided by construction equipment and personnel shall be marked with temporary fencing and other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment or materials shall be permitted within such marked areas. In areas bordering the NCCP Reserve System or Special Linkage/Special Management areas containing significant coastal sage scrub identified in the NCCP /HCP for protection, vehicle transportation routes between cut -and -fill locations shall be restricted to a minimum number during construction consistent with project construction requirements. Waste dirt or rubble shall not be deposited on adjacent coastal sage scrub identified in the NCCP /HCP for protection. Preconstruction meetings involving the monitoring biologist, construction supervisors, and equipment operators shall be conducted and documented to ensure maximum practicable adherence to these measures. • Coastal sage scrub identified in the NCCP /HCP for protection and location within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist. 3 -2 If construction occurs during the CAGN breeding season (February 15 to July 15), a biological monitor shall conduct weekly surveys of the coastal sage scrub within 300 Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -14- feet of grading activities. If CAGN nest are located within 300 feet, noise monitoring shall be implemented and where construction noise exceeds 60 decibels, noise mitigation shall be implemented and may include (but is not limited to) construction of noise barriers, change in grading arrays, or other means determined appropriate by the project biologist. 3 -3 To ensure that project lighting along the northern perimeter of the site does not cause significant impacts to nesting gnatcatchers, the following measures shall be implemented: All lighting within 100 feet of coastal sage scrub shall be directed away from coastal sage scrub habitat. • All lighting within 100 feet of coastal sage scrub shall consist of the lowest intensities that still provide for adequate safety. A qualified biologist shall review lighting plans prior to construction to ensure that the proposed lighting minimizes potential impacts on the California gnatcatcher. Finding: Mitigation measures are feasible and would avoid or substantially lessen potentially significant biological resources impacts to a less than significant level for the reasons set forth in the DEIR. Environmental Impact: The proposed project could impact migratory birds and raptor foraging habitat. The Hyatt Regency golf course property currently contains ornamental trees and shrubs that have the potential to support nesting birds. Impacts to such species are prohibited under the Migratory Bird Treaty Act. The property is an open golf course adjacent to open space that supports, at best, moderate - quality, foraging habitat for common raptor species. Impacts to potential foraging area would not be considered significant. In the postproject condition, there would actually be an increase in forage as currently much of the Special Treatment Area consists of golf course turf, bare areas, or weedy species. The native plantings to be installed in the Special Treatment Zone would actually increase the foraging potential for a variety of species. Mitigation Measures: 3-4 During project construction, all trees to be removed shall be identified. Such trees should be removed outside the avian nesting season, which extends from March 14 to July 15. 3 -5 If for some reason it is not possible to remove all trees during the nonnesting season, then trees to be removed shall be surveyed by a qualified biologist no more than three days prior to removal. If no nesting birds are found, the tree may be removed. If nesting birds are detected, then removal must be postponed until the fledglings have vacated the nest or the biologist has determined that the nest has failed. Furthermore, the biologist shall establish an appropriate buffer zone where construction activity may not occur until the fledglings have vacated the nest or the biologist has determined that the nest has failed. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -15- 3 -6 For trees being preserved, if construction is to occur during the nesting season, preserved trees shall be surveyed for the presence of nesting birds. If nesting birds are detected, the biologist shall establish an appropriate buffer zone where construction activity may not occur until the fledglings have vacated the nest or the biologist has determined that the nest has failed. Finding: Mitigation measures are feasible, and would assure protection of potential foraging habitat. Environmental Impact: The proposed project would comply with the provisions of the Central /Coastal HCP /NCCP. Although the proposed project would not be required to comply with the NCCP, the project applicant would voluntarily adopt the NCCP Construction Minimization Measures outlined in Mitigation Measure 3 -3, as they have been vetted and approved and as such represent a highly acceptable approach to minimizing construction- related impacts. Mitigation Measures: Refer to mitigation measures 3 -1 through 3-3. Finding: Upon implementation of these mitigation measures, potential impacts would be less than significant. 2. Cultural Resources Environmental Impact: Development of the proposed project could impact archaeological resources. Implementation of the proposed project is not anticipated to result in significant impacts on archaeological resources. However, given the potential to unearth archaeological resources in the project area during excavation and grading activities, the proposed project could impact significant prehistoric resources. Additionally, there are two archeological sites are known within the project boundaries. However, the project site has previously been disturbed and is developed with the existing Hyatt Regency Hotel and its ancillary uses. No impacts to identified archaeological resources are anticipated to occur with implementation of the proposed project. However, there is a potential for impacting previously unidentified archaeological remains. Mitigation Measures: 4 -1 Prior to the issuance of a grading permit, the project applicant shall provide written evidence to the City of Newport Beach that the project applicant has retained an Orange County Certified Professional Archaeologist. The archeologist shall be retained for the duration of the excavation and grading activities to provide professional services and monitoring during all such activities. The archaeologist shall comply with the following tasks. 1) The archaeologist shall determine the extent of monitoring that is required during excavation and grading activities. The qualified archaeologist must have knowledge of both prehistoric and historical archaeology. The methods of Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -16- archaeological monitoring, including timing, location, types of artifacts anticipated, and procedures for additional analysis, if necessary, shall be described in an archaeological monitoring plan. The extent and duration of the monitoring program shall be dependent upon the City - approved grading plans. The construction manager shall adhere to the stipulations of the archaeological monitoring plan. 2) The archaeological monitoring plan shall be developed prior to commencement of on -site grading activities. 3) Should any subsurface cultural resources be encountered, the archaeological monitor shall have the authority to halt grading activities until uncovered resources are evaluated and a determination of significance is made. If cultural resources are encountered, a Native American monitor with a Tongva/Gabrielino lineage, the project applicant, and the City of Newport Beach shall evaluate the significance of the resources and, if appropriate, shall determine appropriate treatment and mitigation of the resources. If cultural artifacts are recovered, any eligibility testing and /or determination of additional mitigation should be done in consultation with the Native American monitor. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -17- 4) During construction, if buried cultural resources, such as chipped or ground stone, historical artifacts, specimens, fossils, or human bone, are inadvertently discovered during ground- disturbing activities, the contractor shall ensure that all work will stop in that area and within 100 feet of the find until the qualified on- call archaeologist arrives on -site and can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City. 5) Suspension of ground disturbances in the vicinity of the discoveries shall not be lifted until the archaeological monitor has evaluated discoveries to assess whether they are classified as historical resources or unique archaeological sites, pursuant to the California Environmental Quality Act (CEQA). 6) A report that documents the findings of the program shall be prepared. The report shall provide an itemized inventory of the recovered specimens. Submission of the final report and inventory to the City of Newport Beach shall represent completion of the mitigation monitoring program for archeological resources. The report shall include a list of resources recovered, documentation of each site /locality, and interpretation of resources recovered and shall include all specialists' reports as appendices. All project documents, including field records and the report itself, should be included on a CD in portable document format. The CD shall be included a pocket at the rear of each copy of the report. 4 -2 Prior to the issuance of grading permits, a preconstruction testing plan for cultural resources shall be implemented. Testing may be conducted during the same period as demolition activities. However, ample time shall be allowed for the results of the testing to be evaluated and for possible redesign to avoid the findings sites or mitigation of destructive construction impacts on the sites. Testing shall be conducted as follows: Proposals to conduct testing shall include construction fencing and warning signs to protect patrons of the Hyatt Regency and the shoring of deep units and /or trenches to meet Occupational Safety and Health Administration (OSHA) standards. A trench at least 20 meters in length within the footprints of Timeshare Buildings 1, 2, 4, and 5, for a total of four trenches. The depth of the trenches shall be 20 centimeters below any cultural or potential cultural levels and must be sufficient to determine site stratigraphy. Soil profiles and stratigraphic columns are required to document the site integrity or lack thereof. If intact site deposits are demonstrated to be present within the footprints of Timeshare Buildings 1, 2, 4, and 5, then a minimum of two 1- meter - square units shall be placed in intact site areas, to be determined by the principal investigator. The units shall be dug in natural stratigraphic levels if possible and in 10- centimeter levels otherwise. These units will document the potential of the site to contribute new information to prehistory. Documentation shall be thorough and detailed. • A minimum of 10 to a maximum of 50 test pits shall be utilized to determine the boundaries of the site. The test pits should test the limits of the site at the limits of the project along the project footprint in the vicinity of timeshare buildings 1- 7, the timeshare clubhouse, the new ballroom, and the new spa facility. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact 18 - Limited testing of the new ballroom area shall be conducted to determine If resources exist in the area in order to avoid construction delays caused by unanticipated finds. • Artifacts recovered will be in the custody of the principal investigator until they are transported to the designated accredited repository and will be prepared, identified, and cataloged prior to transport. Finding: The mitigation measures are feasible and would avoid or substantially lessen potentially significant archaeological impacts to a less than significant level. Environmental Impact: The proposed project could destroy paleontological resources or a unique geologic feature. Implementation of the proposed project is not anticipated to result in significant impacts to paleontological resources. While no paleontological resources were observed during the survey performed as a part of the Cultural Resources Assessment, the sediments that underlie the project site are well known to contain significant nonrenewable paleontological resources. Excavations anywhere in the proposed project area could encounter significant fossil vertebrates from the marine (and terrestrial) quaternary Terrace deposits. Mitigation Measure: 4-3 Prior to the issuance of a grading permit, the project applicant shall provide written evidence to the City of Newport Beach that the applicant has retained an Orange County Certified Professional Paleontologist. The paleontologist shall be retained for the duration of the excavation and grading activities to provide professional services and monitoring during all such activities. The paleontologist shall comply with the following tasks. 1) The paleontologist shall be responsible for implementing the mitigation plan and maintaining professional standards of work at all times. 2) The paleontologist shall attend the pregrade construction meeting and shall be invited to briefly define paleontological resources, discuss cooperation with the paleontological monitor, and outline the on -call procedures to be followed in the event of a discovery when the monitor is not present. 3) The paleontologist shall prepare monthly progress reports to be filed with the City. The principle investigator shall prepare a final report to be filed with the City. The report shall include a list of resources recovered, documentation for each locality, and interpretation of resources recovered. All specialists' reports shall be included as appendices. 4) Monitoring shall include inspection of exposed surfaces and microscopic examination of matrix. 5) The monitor will have authority to temporarily divert grading from exposed resources in order to recover the specimens and contextual data. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact 19 - 6) If the discovery of paleontological resources meets the criteria for fossil locality, formal locality documentation activities shall be performed. In addition, samples shall be submitted for dating and other special analyses. 7) If microfossil localities are discovered, the monitor shall collect matrix for processing. To limit downtime, the monitor may request heavy machinery assistance to move large quantities of matrix out of the path of construction to designated stockpile areas. Testing of stockpiles shall consist of screen washing small samples (200 pounds) to determine if fossils are present. Productive tests shall result in screen washing of additional matrix from the stockpiles to a maximum of 6,000 pounds per locality. 8) Fossils recovered shall be prepared, identified, and cataloged before donation to the accredited repository that will maintain the collection for future scientific study and exhibition within Orange County, to be designated by the City. Such fossils shall be prepared, prior to donation, to the point of dedication. The project proponent shall be prepared to pay potential curation fees to the county or other suitable repository for long -term curation and maintenance of the donated collection. Any resources determined not to meet the significance criteria can be used in school education programs. Finding: The mitigation measure is feasible and would avoid or substantially lessen potentially significant paleontological impacts to a less than significant level. Environmental Impact: The proposed project's grading activities could result in the disturbance of human remains. The project site has been previously disturbed and has not been identified for a high likelihood of containing human remains. No known human burial sites have been reported on the project site. Implementation of the proposed project is not anticipated to result in significant impacts on human remains. However, the excavation and grading activities of the proposed project could result on impacts to human remains. Mitigation Measure: To ensure that Health and Safety Code Section 7050.5 is implemented during all project - related excavation and grading activities, the following mitigation measure was included in the DEIR. 4 -4 Prior to issuance of grading permits, the project applicant shall place the following note on all grading plans: `If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his or her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials." This requirement shall also be discussed at the pregrade meeting(s). Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -20- Finding: The mitigation measure is feasible and would avoid or substantially lessen potentially significant impacts to a less than significant level. 3. Geology and Soils Environmental Impact: Persons and existing and future structures within the project site would be subjected to potential seismic hazards. The project site is located in a seismically active region. However, the project site is not located within an Alquist- Priolo Special Study Zone and no known faults traverse the project site. However, the project site is located within seismically active southern California (Seismic Zone 4). The Newport- Inglewood fault, approximately two miles southwest of the project site, is considered to be the most significant active fault with respect to the City and the project site. Measures are listed below for the project site, relative to site preparation, excavation, fill placement and compaction, foundation design, site drainage, and retaining wall designs, would be incorporated into the structural design of the project and would minimize the potential for significant seismic - related impacts. According to Figure S2, Seismic Hazards, of the Safety Element of the City's General Plan, the project site is located in an area considered to have a potential for ground failure in the form of liquefaction. More specifically, the areas surrounding the main hotel complex to the south, east, and west (parking lots) are located within a designated seismic hazard zone for liquefaction potential. The proposed improvements within the designated liquefaction hazard zone consist of the parking structure and the new 800 - seat ballroom. Additionally, based on the geotechnical feasibility study performed in the DEIR, the soils below the groundwater level consist of medium stiff to very stiff sandy clay and siltstone /claystone of the Monterey /Capistrano formations. These soils are not considered liquefiable and, therefore, the potential for liquefaction and its adverse affects, such as seismic settlement and lateral spreading, are considered low within the project site. Mitigation Measures: 5 -1 Prior to issuance of grading permits, the project applicant shall demonstrate that all grading operations and construction will be conducted in conformance with the City of Newport Beach Grading Ordinance and the most recent version of the Uniform Building Code, to the satisfaction of the City Engineer. 5 -2 Prior to issuance of grading permits, the project applicant shall include a note on all grading plans indicating that grading and earthwork shall be performed under the observation of a Registered Civil Engineer specializing in Geotechnical Engineering in order to achieve proper subgrade preparation, selection of satisfactory fill materials, placement and compaction of structural fill, stability of finished slopes, and incorporation of data supplied by the engineering geologist. The geologist shall geologically map the exposed earth units during grading to verify the anticipated conditions, and if they are different, provide findings to the geotechnical engineer for possible design modifications. 5-3 Prior to issuance of grading permits, a detailed engineering -level geotechnical investigation report shall be prepared and submitted with engineered grading plans to further evaluate expansive soils, soil corrosivity, slope stability, landslide potential, Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -21 - settlement, foundations, grading constraints, and other soil engineering design conditions and to provide site- specific recommendations to address these conditions, if determined necessary. The engineering -level report shall include and address each of the recommendations included in the geotechnical report prepared by Kleinfelder and included as DEIR Appendix F (Ideinfelder, November 29, 2004, Project No. 61618). The geotechnical reports shall be prepared and signed /stamped by a Registered Civil Engineer specializing in geotechnical engineering and a Certified Engineering Geologist. Geotechnical rough grading plan review reports shall be prepared in accordance with the City of Newport Beach Grading Ordinance. 5-4 Prior to issuance of grading permits and based upon the soil corrosivity tests conducted for the proposed project, the project applicant shall include a note on all grading plans indicating that site - specific soils testing shall be performed under the observation of a registered corrosion engineer specializing in soil corrosivity for any areas proposed to be developed with structures. The corrosion engineer shall evaluate the corrosion potential of the soils on proposed improvements, recommend further testing lt deemed necessary, and identify specific construction methods to address soil corrosivity, if detected. Finding: The mitigation measures are feasible and would avoid or substantially lessen potentially significant seismic hazards to a less than significant level. Environmental Impact: Unstable geologic units or soil conditions, including soil corrosivity, could result due to development of the project. As a part of the geotechnical feasibility study performed for the DEIR, selected samples of on -site soils were tested for preliminary evaluation of the potential soil corrosivity to concrete and reinforced steel. Based on the minimum resistivity results from the soils tested, the near -surface site soils may be considered to be severely corrosive to buried ferrous metals. The relatively low concentrations of soluble sulfates indicate that on -site soils of similar composition should not be aggressive to concrete elements. Mitigation Measures: Refer to mitigation measures 5 -1 through 5-4. Finding: The mitigation measures are feasible and would avoid or substantially lessen potentially significant geologic impacts to a less than significant level. Environmental Impact: The project site is located on expansive soil that could result substantial risks to life or property. The geotechnical feasibility study evaluated the potential for expansive soils within the project site. Based on the soil classification (sands) encountered, the potential for expansion of the fill soils and terrace deposit is very low. The finish -grade soils should be further analyzed to verify the expansion potential of final subgrade soils. Mitigation Measures: Refer to mitigation measures 5 -1 through 5-4. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact _99- Finding: The mitigation measures are feasible and would avoid or substantially lessen potentially significant impacts regarding soil to a less than significant level. 4. Hazards and Hazardous Materials Environmental Impact: Design measures and mitigating actions detailed in the Fire Protection Plan (FPP) would minimize the potential risks to people and /or structures to loss, injury, or death. Fire behavior modeling was conducted to document the type and intensity of fire given the topography, vegetation, and weather characteristics of this site. Given the climatic, vegetation, and topographic characteristics, along with the general lack of periodic fires in the area and fire behavior modeling results, the Hyatt Regency site is considered moderately vulnerable to wildfire. Under fall weather conditions, fire can move rapidly through sage scrub vegetation. The most likely type of fire anticipated in the vicinity of the project area is a wind -driven brush fire originating north of the project site and pushed southward by Santa Ana winds. Flame lengths in some areas could be over 35 feet. The rate of spread is moderate due to volatile fuels, wind, and moderately low fuel moisture. A typical cause is related to roadways, such as Back Bay Drive (tossed cigarette, vehicle accidents, or car fire). Mitigation Measure: 6-1 The project applicant or successor in interest shall comply with the provisions in the Fire Protection Plan (FPP) as reviewed and approved by the Newport Beach Fire Department (NBFD), including but not limited to the following specific provisions: Water Supply and Fire Flow • Fire hydrants and fire flow capacity shall be approved by the fire Chief. A reduction in required fire flow of up to 50 percent, as approved by the Fire Chief, may be allowed when the building is provided with an approved automatic sprinkler system. The resulting fire flow shall not be less than 1,500 gallons per minute. Fire Access • New driveway entrance areas shall be designed to City requirements with all - weather driving surface of A.C. paving over approved base and a capacity rating of at least 75,000 pounds, to accommodate fire apparatus. Approach/departure angles associated with development driveways shall not exceed 3 degrees. • The minimum width of fire lanes shall be 26 feet. • There are no planned traffic calming devices • Adequate fire apparatus turnarounds shall be provided and approved by the NBFD (current plans include a minimum 28 -foot turning radius adjacent to Building TS -7 and another turnaround located adjacent to Building TS-4 /Clubhouse). Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -23- • Unobstructed firefighter access to all portions of the buildings via walkways, driveways, or trails shall be provided. A minimum of 3 feet for firefighter access shall be maintained along both sides of all structures adjacent to fuel modification zones. • Roads and access components (gates, sign, etc.) shall be maintained in perpetuity by the property owner. Building Fin: and Ignition Resistance The project shall include ignition - resistant construction features consistent with current fire and building codes for the proposed structures exposed to wildland vegetation (buildings TS -1, TS -2, TS -3, and TS -4). Enhanced structural requirements shall be provided for the following as detailed in the FPP: roofing, fire - resistive walls, eaves protection, venting, glazing, skylights, insulation, gutters and downspots, appendages and projections, spark arrestors, exterior doors, and detached accessory structures. Fire Protection Systems • Buildings shall be fully sprinklered per the appropriate National Fire Protection Association sprinkler standard for the occupancy. Defensible Space The Fuel Modification Plan (see details, Section 3.4.3 of this DEIR and the FPP, Appendix H) shall be reviewed and modified as appropriate to obtain approval by the NBFD. The approved final fuel modification plan shall be installed under the supervision of the NBFD. Brush removal must be completed prior to commencing any flammable construction, and final inspection and approval must be obtained prior to issuance of certificates of occupancy for any structures adjacent to the fuel modification area. Fuel Modification Zones shall be subject to an annual inspection conducted by a representative of the City in order to assure that zones are maintained in compliance with the applicable fuel modification requirements. The property owner shall maintain defensible space in accordance with the Fuel Modification Plan as approved. Vegetation Management The fuel modification area along the northern boundary of the project lies partially on the Hyatt Regency property, owned by the City of Newport Beach. The proposed landscape plan/fuel modification zone plant palette shall be reviewed and approved by the NBFD. Landscape plans shall comply with all landscaping requirements. • Defensible space vegetation management responsibility is assigned to persons /company(ies) owning buildings or structures on this property. Maintenance of defensible spaces shall occur annually, prior to May 1, or more often, as determined by the NBFD. Maintenance of the defensible space shall include modifying or removing nonfire - resistive vegetation and keeping leaves, Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -24- needles, and other dead vegetative material regularly removed from roofs of buildings and structures. • Maintenance and funding for vegetation management shall be required and enforced by deed encumbrances, which are attached to the property. Such deed encumbrances shall be reviewed and approved by NBFD Chief. • An agreement with the neighboring property owners (as described above), to be conveyed with deed, for permanent maintenance of landscape area that also serves as extended fuel modification area for Hyatt property. • Vegetation management shall be completed prior to the start of and continue throughout the construction phase. Prior to site demolition, adequate fuel breaks shall be constructed between demolition areas and existing flammable vegetation. • Vegetation maintenance includes ensuring operation of irrigation systems. • Vegetation maintenance is required following wind and rain storms to remove combustible plant - related debris from fuel modification zones. • Caution must be exercised on steep slopes to minimize erosion with the removal of vegetation and the addition of irrigation. Finding: Implementation of regulatory requirements and mitigation measures outlined above would reduce potential impacts associated with hazards and hazardous materials to less than significant. 5. Transportation/Traffic Environmental Impact: A total of 912 parking spaces would be provided to serve the proposed project. However, the project's valet parking component could result in an on -site parking impact. The provision of 912 parking spaces, including surface and structure parking, would meet the City's standards for parking for the uses of the proposed project. However, the valet parking component of the proposed project could result in an on -site parking impact. More specifically, parking impacts could occur on -site during special events such as conferences or weddings. Therefore, further review would be required by the City under a valet parking plan to determine the adequacy of the proposed valet parking component. Mitigation Measure: 11 -1 Prior to the issuance of a building permit for the proposed ballroom facility, the project applicant shall submit a valet parking plan to the Planning Director and City Traffic Engineer for review and approval. All valet parking services provided pursuant to the valet parking plan shall comply with the measures outlined in the parking plan. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -25- Finding: The mitigation measure is feasible and would avoid or substantially lessen potentially significant parking impacts to a less than significant level. Environmental Impact: Temporary construction impacts would result in a significant impact to the Jamboree Road /San Joaquin Hills intersection during the PM peak period. Based on project construction- related vehicle trips (employee and construction equipment), all study intersections would operate at acceptable levels of service with the exception of the Jamboree Road /San Joaquin Hills intersection during the PM peak period. With or without construction activities, this intersection is forecast to operate at an unacceptable LOS E. Project- related construction trips would contribute to a V/C increase of 0.01, resulting in a project-specific impact to this intersection. Mitigation Measure: 11 -2 During the construction of the Hyatt Regency expansion, no construction vehicle trips shall be permitted to enter or exit the project site during the PM peak period between 4:00 PM and 6:00 PM. Construction vehicles shall be defined as dirt haulers, material delivery trucks, construction- vehicle transport trucks, and other similar large vehicles. Construction employee trips are not included in this restriction. Finding: The mitigation measure is feasible and would avoid or substantially lessen potentially significant transportation and traffic impacts to a less than significant level. Environmental Impact:Adequate on -site parking would not be available during some phases of project construction. It is estimated that a minimum of 406 parking spaces would be available during both the timeshare /spa construction phase and the new ballroom construction phase. During construction, 391 guestrooms would be available for use, resulting in a minimum parking requirement of 196 spaces, per the City of Newport Beach Zoning Code. Additionally, 15,538 square feet of banquet and meeting room space would also be available for use during construction. Based on the analysis in the DEIR, a minimum of 467 parking spaces would be required during construction. Based on the construction management plan, 406 spaces would be provided, resulting in a deficit during peak periods. Mitigation Measure: 11-3 The Hyatt Regency shall maintain a minimum of 467 parking spaces for use by hotel guests and visitors during the full duration of construction activities. This minimum requirement of 467 may be provided through either self - parking or valet parking. In addition, the project applicant shall submit a Parking Management Plan prior to the initiation of construction activities to the City of Newport Beach for review and approval prior to the issuance of building permits. The Parking Management Plan shall clearly identify how and where the 467 necessary parking spaces would be accommodated on -site during construction. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact _26- Finding: The mitigation measure is feasible and would avoid or substantially lessen potentially significant parking impacts to a less than significant level. C. SIGNIFICANT UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS The following summary describes the unavoidable adverse impact of the proposed project where either mitigation measures were found to be infeasible, or mitigation would lessen impacts to less than significant. The following impact would remain significant and unavoidable: 1. Noise Environmental Impact: Construction activities at the Hyatt Regency would substantially elevate the daytime noise environment in the vicinity of noise - sensitive residential and recreational uses. r Short-term noise can be associated with site preparation, grading, and building construction of the proposed land uses. Grading of the project would involve the heaviest pieces of construction equipment. Consequently, this phase of development would result in the loudest noise levels at the existing noise - sensitive receptors in the project vicinity. Due to the length of construction activities (approximately 23 months) and level of noise from the combination of construction activities (ranging from 58 to 88 dBA), project- related construction noise at the nearby residential and recreational receivers would be significant. Mitigation Measures: 9 -1 Temporary sound blankets (fences typically comprised of poly - vinyl - chloride- coated outer shells with adsorbent inner insulation) shall be placed alongside the boundary of the project site during construction activities that occur in the vicinity of residential and recreational land uses, which includes the areas adjacent to the Palisades Goff Course, the Newporter North Environmental Study Area, and the Bayview Landing senior community. The temporary sound blankets shall be to prevent direct line-of- sight from active construction areas. 9-2 The Construction Contractor shall ensure that all construction equipment on -site is properly maintained and tuned to minimize noise emissions. 9-3 The Construction Contractor shall ensure that construction equipment is fit with properly operating mufflers, air intake silencers, and engine shrouds no less effective than as originally equipped by the manufacturer. 9-4 The Construction Contractor shall locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from residential and recreational receptor locations as is feasible. 9-5 Material delivery, soil haul trucks, equipment servicing, and construction activities shall be restricted to the hours set forth in the City of Newport Beach Municipal Code, Section 10.28.040. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -27- Finding: Mitigation measures are feasible and substantially lessen the significant noise impacts. Although construction activities would comply with the City of Newport Beach Municipal Code and be limited to weekdays between 7:00 AM and 6:30 PM and Saturdays from 8:00 AM to 6:00 PM, the combination of construction activities (ranging from 42 to 83 dBA) for approximately 23 months would result in noise levels that would be considered a nuisance to surrounding residential and recreation uses. Impact 5.95 would remain Significant and Unavoidable. IV. ALTERNATIVES TO THE PROPOSED PROJECT A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING /PROJECT PLANNING PROCESS The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the EIR. The feasibility of developing the project on an alternative site was the only alternative reviewed and rejected during the scoping /project planning process. Alternative Development Areas CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (Guidelines Sec. 15126[5] [B] [1]) The proposed project is the expansion of an existing hotel use within the property boundaries of the existing facility. The proposal is in accordance with a development agreement (Community Improvement and Open Space Agreement [ CIOSA]) with the City of Newport Beach. Pursuant to the 1993 agreement, the Hyatt Regency has a vested right to expand to 479 rooms. Currently the hotel has 403 rooms. This vested development right is specific to the parcel on which the hotel is located. Moreover, development of the proposed uses in another location within the City of Newport Beach would be unlikely to avoid or lessen the significant impacts associated with the project. It could be anticipated that development of similar uses (timeshare units and ballroom facility) would result, in the similar traffic-related noise impacts. Short-term, construction- related air quality impacts would also be similar at an alternate location. The extent to which temporary construction- related noise impacts would be significant would depend on the sensitivity of surrounding land uses. This, however, would be the only significant impact associated with the project at its current location that could potentially be minimized or eliminated by development at an alternate location. Alternative Land Use The proposed project is consistent with the CIOSA development agreement for the project site. The project site is already developed as a resort hotel. The continued and expanded use of this facility is also consistent with the City's General Plan. Altemative land uses, such as retail or service commercial or residential uses, would not be logical for the site and would not be consistent with the General Plan land use designation for the project site. In lieu of the proposed timeshare units, regular hotel rooms could be proposed. Such a use would be consistent with the CIOSA and the General Plan, but would not reduce impacts in comparison to the proposed timeshare units. The traffic report concludes that timeshare units would be expected to generate the same traffic as regular hotel rooms. Therefore, this alternative would not have the ability to Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -28- reduce traffic - related noise impact of the project as proposed. Similarly, since the same number of hotel rooms would be constructed (88 as proposed for timeshare units), this use would not be expected to reduce construction- related impacts (air quality and noise impacts) in comparison to the proposed project. Reduced Ballroom Alternative A project alternative that would reduce the size of the new ballroom structure by approximately 4,000 square feet in order to eliminate the need for a parking structure was considered but rejected for further analysis. The primary objective of this alternative would be to reduce significant noise impacts during construction. Although eliminating the parking structure would slightly reduce noise impacts to sensitive residential receptors (particularly Bay View Landing Senior Apartments and Sea Island residences), this reduction would be nominal, since ballroom construction and related infrastructure improvements would still result in significant noise impacts to surrounding residents. Moreover, this alternative would not substantially reduce the duration of construction activities. Reduced Timeshare Units Alternative A project alternative that would reduce the number of timeshare units was considered but rejected for further analysis. Reducing or eliminating construction in this area of the project site would not eliminate the significant noise impact to the most sensitive receptors, the Bay View Landing and Sea Island residential uses. Moreover, a reduction or elimination of the timeshare units would not achieve the entitlement for the Hyatt Regency granted under the CIOSA development agreement. Reduced Construction Equipment Alternative An alternative that reduced the construction equipment by extending the construction schedule was considered for its potential ability to reduce or eliminate the significant construction- related noise impact of the proposed project. Since fewer pieces of construction equipment would be used under this alternative, noise levels during construction would be reduced in comparison to the proposed project. The reduction, however, would likely be minimal, since construction noise is dominated by the loudest piece of equipment (in comparison to the number of pieces of equipment). Moreover, construction noise that could impact sensitive residential and recreation receptors would be extended from an overall 221/2 months for the proposed project to 32'/2 months for this alternative. Considering the substantial increase in duration of activities, construction - related noise would be considered to be greater than for the proposed project. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project. No Protect Alternative Description: This alternative, which is required by CEQA, existing conditions would remain. No buildings would be demolished and none of the proposed expansion improvements would be implemented. The Hyatt Regency would continue to operate as a 403 -room resort hotel with existing ballroom /conference facilities. The existing golf course would also remain. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact -29- Finding: With the exception of hydrology and water quality impacts, the environmental impacts associated with each category analyzed in this DEIR would be reduced under this alternative, and the significant noise impact would be eliminated. However, the No Project alternative would not meet the objectives of the proposed project, such as increased development as permitted by the City's General Plan and the CIOSA development agreement, and to develop a new, larger ballroom facility to assist in meeting conference needs for the City of Newport Beach. Therefore, the City of Newport Beach finds that the No Project Alternative is less than desirable. educed Intensity Alternative Description: Under this project alternative, expansion of the Hyatt Regency would be limited to development of 88 new timeshare units, a spa and fitness building, and a clubhouse. The new ballroom and parking structure would not be constructed under this alternative. The existing Terrace Ballroom would remain. The proposed new storm drain in Jamboree Road would be included under this alternative, but it would connect to the existing storm drain to outlet as surface flow across the parking lot. The new drain included in the proposed project across the parking lot would not be required. Similarly, the new water and sewer lines in this portion of the site would not be required. This alternative was specifically selected for its potential ability to eliminate significant construction- related noise impacts. Elimination of the ballroom and parking structure have the most potential to reduce the significant noise impact (in comparison to the timeshare units and related facilities) because of the proximity of these structures to sensitive residential receptors. It is anticipated that the duration of demolition and building activities would be reduced under this project alternative. The demolition and building construction phases would be reduced substantially in comparison to the proposed project. The grading phase, however, would only be reduced slightly because of the increase in the amount of material export. Under this project alternative, there would be 37,000 cubic yards of cut and 4,000 cubic yards of fill, resulting in a net export of 33,000 cubic yards of material. In comparison to the proposed project, which would result in 24,000 cubic yards of export, the Reduced Intensity alternative would require an additional 9,000 cubic yards of export. The net export increase would occur because the bulk of the out material generated from the timeshares portion of the project site would no longer be utilized for the fill required to develop proposed ballroom and parking structure. Therefore, if the ballroom and parking structure are eliminated, there would no longer be a place to put the fill. An estimated 3,300 truck trips would be required to export this material in comparison to 2,400 trips for the project as proposed. Finding: The Reduced Intensity Alternative would increase short-term construction - related air quality impacts and result in a new significant air quality impact during grading activities, primarily due to the increase in material export. All other impacts would be reduced in comparison to the proposed project. However, these impacts are less than significant without mitigation for the proposed project. The City has determined a need for additional conference facilities and has recognized this use as essential to increasing tourism. Therefore, the elimination of the new ballroom would jeopardize the economic viability of the project. The City of Newport Beach finds that the Reduced Intensity Alternative is less than desirable. 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CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -9 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of February, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of February, 2009. (Seal) City Clerk X Newport Beach, California