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HomeMy WebLinkAboutExhibit 10Exhibit No. 10 DRAFT STATEMENT OF OVERRIDING CONSIDERATIONS CEQA STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION STATE CLEARINGHOUSE NO. 2008121052 BACKGROUND CEQA requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093 [b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The following sections provide a description of the each of the project's significant and unavoidable adverse impacts and the justification for adopting a statement of overriding considerations. r_! �9[ daly [Bill zYr c1 zID1r1ZF AV611073- 3111 =F_1r19=I*i=1I?I:7_G3i The following adverse impacts of the project are considered significant and unavoidable based on Draft EIR and the findings discussed in Sections 2.0 and 3.0 of this document. The following effects of the project have been determined to be significant, adverse and unavoidable after implementation of feasible mitigation measures. Noise- 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. B. CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the City of Newport Beach has determined that the unavoidable adverse environmental impact identified above may be considered "acceptable" due to the following specific considerations, which outweigh the unavoidable, adverse environmental impact of the proposed project. Economic Development and Additional Meeting Space The proposed project would enhance the City's fiscal health through the expansion of the existing hotel uses, including a new 800 -seat ballroom facility, 88 new timeshare units, and other ancillary amenities such as a new spa, fitness and swim facility, and a timeshare clubhouse. The proposed uses would attract additional visitors to the City by expanding the destination services and uses currently provided on -site and in the coastal areas of Newport. For example, the expansion of the hotel's destination services and uses would provide a great means for visitors to take advantage of the hotel's adjacency (south and southwest of the project site across Back Bay Drive) to the Upper Newport Bay and Newport Dunes. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact 1 - � J A preliminary study of the potential market demand for a conference or convention center was conducted, which evolved into a revenue enhancement study for Transient Occupancy Tax for the City. PKF Consulting conducted the Revenue Enhancement Study on behalf of the City of Newport Beach and the Newport Beach Conference and Visitors Bureau. The study's primary findings included the potential opportunity for expanded ballroom facilities or conference centers in existing hotels to assist in meeting conference need for the City of Newport Beach. The study provided an example of Public- Private partnerships that could allow for the development of a large ballroom or conference center at one of the existing hotels which would allow the City of Newport Beach to increase its level of rooms demand by appealing to group demand segments not currently able to be accommodated within the community. The proposed project, more specifically the development of a new, larger ballroom facility, will assist in meeting the conference need for the City of Newport Beach." Storm Drainage Improvements The proposed project would introduce new storm drainage improvements in the project area. These improvements would include a new storm drain on the north side of Jamboree Road, which would connect to a new storm drain that would traverse the southwestern portion of the site through the parking lot and would discharge to an existing storm drain at the northwestern corner of the site at Back Bay Drive. A system of grated inlets and curb opening catch basins at sump locations would capture and direct flows to the new drains. Flows from the north and northeastern portion of the site would be collected in a separate storm drain system that would outlet to an existing concrete ditch at the northeast corner of the site. A new storm drain would also be provided along the northern portion of Back Bay Drive and would discharge into an existing public storm drain system. The project will provide upgraded drainage facilities and water quality best management practices (BMPs) that would in fact improve existing conditions. Additionally, drainage flows from the project site would be decreased under the proposed project conditions, as compared to the existing conditions. This would be accomplished through a combination of site - design and treatment- control BMPs, such as various media filters, bioswales, and filtration trenches. Hyatt Regency Newport Beach Expansion CEQA Findings of Fact - 2 - �A�