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HomeMy WebLinkAboutExhibit 5Exhibit No. 5 USE PERMIT NO. 2009 -039 RESOLUTION OF APPROVAL 1�3 \Sk RESOLUTION NO. 1557 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2001 -031 (PA2001 -180) FOR THE HYATT NEWPORTER PROPERTY LOCATED AT 1107 JAMBOREE ROAD THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mr. Bruce Brainerd, Hyatt Newporter General Manager, with respect to property located at 1107 Jamboree Road, legally described as Assessor's Parcel Number (APN) 440- 13241, requesting approval of Use Permit No. 2001 -031 to authorize the Summer Jazz Series of concerts as a permanent entitlement, ancillary to the normal operations of the existing resort hotel. The concerts will take place annually on Friday nights from June I" through October 31", between the hours of 7:00 pm and 10:00 pm. Section 2. A public hearing was held on April 18, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: The proposed location of the use is in accord with the Policies and intent of the General Plan. The site is designated as Retail & Service Commercial, which allows for resort hotels and ancillary operations that include recurring events, subject to certain limitations. The proposed location for the concert series and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located. 2. The proposed location of the use is in accord with the objectives of the Zoning Code. The Summer Jazz Series has been approved at the same venue as an annual, temporary event for approximately 10 years utilizing generally the same parking arrangements. As the series has evolved and grown, it has become ancillary to the normal operations of the existing resort hotel facility, subject to the seasonal and temporary nature of the series. 3. An Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between March 30, 2002 and April 18, 2002. No comments were received from any responsible agency, member of the community, or other interested party and no responses were prepared. `� 4. The contents of the environmental document have been considered in the various decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project. There are no cumulative impacts that are anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. The prepared Mitigated Negative Declaration is herby approved. Adequate mitigation measures have been included to ensure that any potential impacts associated with sound emanating from the concerts are mitigated to a level of insignificance. 5. Project approval will not result in circumstances that are detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city due to the following: a) The operational characteristics of the Summer Jazz Series are limited in nature, occurring for only a portion of the year; b) The days and hours that performances are proposed, the circulation and parking characteristics pertaining to the project, and the limiting conditions and restrictions on the events are such that minimize negative impacts from occurring; c) The sound system is controlled and monitored by employees or consultant's hired by the Hyatt and not the artists' performing, thereby ensuring consistency between concerts comprising the series. No outside equipment is authorized in conjunction with this approval; d) The generated noise levels and recommended mitigation measures related to the sound system, monitoring, and community outreach support project approval; and e) The past problems related to sound related impacts and traffic flow were minimal and corrective measures were demonstrated during the year 2001 series resulting in no complaints from the public. This indicates that the concerts are not a detriment to the public's health, safety and welfare. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2001 -031, subject to the Conditions set forth in Exhibit "A." Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. 1�(D PASSED, APPROVED AND ADOPTED THIS 18'h DAY OF APRIL, 2002. AYES: Kiser. Agdanian. Tucker, Gifford, Kranzlev NOES: None EXCUSED: McDaniel and Selich BY: Larry Tucker, Chairman Earl McDaniel, Secretary 1�� Conditions of Project Approval Hyatt Newporter Summer Jazz Series The Summer Jazz Series is approved as an entitlement under the Use Permit as ancillary to the normal operations of the existing resort hotel facility. Annual approvals are no longer required as long as the concerts are limited to Friday nights, from June ls` through October 31st, between the hours of 7:00pm and 10:00pm. The Summer Jazz Series performances must take place in the existing amphitheatre on the grounds of the Hyatt Newporter Resort Hotel located at 1107 Jamboree Road. 2. A list of all scheduled concerts presented under the Summer Jazz Series for the subject year shall be submitted to the Planning and Police Departments at least 30 days prior to the commencement of the first performance. The list will assist City staff in the prevention of schedule conflicts of similar or other events in the vicinity and will not be used to deny a performance by any proposed artist. Any proposed changes to the schedule for concert dates, as approved in past years (e.g., a Sunday night concert instead of a Friday night concert for a given weekend), must have prior approval by the Planning Director. 3. Where applicable, any or all temporary improvements associated with the Summer Jazz Series must obtain the required permits from the Building Department prior to the installation of said improvements, unless otherwise exempted in accordance with the provisions of the Uniform Building Code. Other than directional signage, no temporary improvements shall be located on or within any public property or right -of -way. 4. The temporary storage bins and containers located in the lower parking areas shall be completely removed from the hotel property prior to the commencement of the 2003 Summer Jazz Series. The project shall comply with State Disabled Access requirements. 6. The use of all sound amplification devices or equipment shall cease at 10:00pm or upon order of the Police Department. The project shall be designed to eliminate light spillage and glare onto adjacent properties, the public right -of -way or uses. Temporary, exterior lighting associated with the Summer Jazz Series that is visible from the surrounding residential properties shall be operated by a timer mechanism and turned off no later than 11:00 p.m. 8. The project shall retain the use of a sound amplification system that is comparable to or improved from the one implemented and utilized for the 2001 Summer Jazz Series, including the following: a) state of the art matrix controls and carbon fiber speaker enclosures; b) amplification control with the use of audio compressors and limiters; c) repositioning of the speakers to reduce or eliminate noise reflections from the hotel building; and -p d) installation of sound baffles and panels on and behind the stage, and next to speakers and any band equipment to minimize unwanted amplification and control the direction of the sound. 9. The project shall maintain the same sound level monitoring processes utilized for the 2001 Summer Jazz Series, including the following: a) maintain a calibrated integrating sound level meter for noise level monitoring purposes; b) provide a contract for a licensed acoustical engineer to oversee the monitoring activities associated with the Jazz Series if it is determined by the Planning Director to be necessary to achieve compliance with these conditions; c) provide an on -site contact for responding to City Employees including Code Enforcement, Police Department, as well as any resulting community complainants. Public notice of this person shall be provided in all advertisements for the series. In the event noise complaints are received, the contact person and a member of the audio engineers shall travel to the complainant's location to investigate and understand the nature of the disturbance. Adequate steps shall be taken to resolve the complaint including lowering the music setting or stopping the event upon order of the Police Department; d) the sound level experienced at the mixer board during a performance shall not exceed 90db(C); e) retention and maintenance a calibrated integrating sound level meter capable of measuring, displaying, and storing 1- minute Leq's (equivalent or average sound level) using the C- weighting scale. f) operation of the sound level meter at the mixer board, which generated data that may be submitted to the City upon request, documenting to the sound levels experienced; g) conducting pre - performance sound check to ensure compliance with the City's Noise Ordinance; h) employing the same audio engineers, or a replacement in conjunction with City approval, for the entire series for any given year. i) without exception, all performers utilizing sound amplification equipment shall use the venue sound system; and j) operation of the sound mixer board and volume shall be under control of the designated contact person or the applicant. Under no circumstances shall the applicant release responsibility of the control of the mixer board or volume. 10. Adequate trash and restroom facilities shall be provided for patrons and shall be conveniently located on site. However, these facilities shall not be located on or within any public property or right -of -way. 11. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 12. Should the resort hotel be sold or otherwise come under different ownership or management, any future owners, managers or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 13. Use Permit No. 2001 -033 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 14. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. ��d