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HomeMy WebLinkAboutPA2005-212 - Hyatt Regency Newport Beach ExpansionCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 23, 2008 Meeting Agenda Item 2 SUBJECT: Hyatt Regency Newport Beach Expansion 1107 Jamboree Road • Certification of Final Environmental Imp • Use Permit No. 2005 -046 • Modification Permit No. 2007 -095 • Development Agreement No. 2005 -002 • Parcel Map No. 2007 -003 APPLICANT: Ken Cruse, Sunstone Hotels PLANNER: Jaime Murillo, Associate Planner (949) 644 -3209, jmurilloCc�city.newpori On October 15, 2008, the applicant requested a continu hearing to the November 6, 2008, Planning Commission age has verbally agreed to continue the public hearing to Nr Although the applicant and the City have agreed to the terms agreement, the property owner (JGCallins Newport Investm yet reviewed the document and the applicant is not prepar public hearings at this time. Given that the development agreement is a major project cor recommend that the Planning Commission continue the regards to review of the project's discretionary applic� modification permit, development agreement, and part because public hearing notices for the project were mailed 2008, staff expects a number of residents to attend the recommend that the Planning Commission open up the regards to the review of the Environmental Impact Report (E not believe this is unreasonable given that the Planning Corr action on the requested discretionary applications until tt reviews, considers, and recommends certification of the Impact Report (FEIR). 2005 -212) Report :e of the public a (Exhibit 1) and ember 20, 2008. the development ts, LLC) has not to proceed with anent, staff would blic hearing with ins (use permit, map); however, it on October 10, Feting and would blic hearing with ) only. Staff does ssion cannot take Commission first al Environmental RECOMMENDATION Staff recommends that the Planning Commission take the Receive staff presentation, receive applicant's hearing, and receive public comments. 2. Continue public hearing to November 20, 2008. DISCUSSION Project Summary The applicant proposes to expand the existing Hyatt Regent hotel located at 1107 Jamboree Road. Proposed improver addition of 88 timeshare units, a new 800 -seat ballroom facil square -foot spa and fitness center, a new housekeeping building, and a two -level parking garage. Project implement demolition of 12 existing hotel rooms, the existing 3,190 -sc Ballroom, and the existing engineering and maintenance buildii the existing nine -hole golf course. A detailed project descript Page 3 -1 of the Draft Environmental Impact Report (attached a Entitlement of the project as proposed will require Planning and recommendation of approval to the City Council of the fol • A parcel map to reconfigure two existing lots to place on one parcel and the hotel on the other, and to estat for the purposes of measuring height. • A use permit to allow the expansion of the existir development, and to allow the proposed timeshare to exceed the 26 -foot base height limit. action: z#- = =I. Newport Beach ents include the �, a new 10,072 - and engineering tion requires the rare -foot Terrace a, and removal of )n is included on Exhibit 2). ission review applications: timeshare units finished grades the timeshare r and ballroom • A modification permit to allow commercial tandem parki g and to allow an architectural cupola and tower feature on the proposed allroom to exceed the 35 -foot maximum height limit. • A development agreement between the City and i timeshare development relating to the amount of tax for the right of occupancy of the timeshare units occupancy tax). operator of the gable to the City lieu of transient FN Environmental Review Prior to taking action on the requested use permit, modificatic parcel map, and development agreement, the Planning Com review, consider, and certify the Final Environmental Impact F FEIR is comprised of the Draft Environmental Impact Report (t Exhibit 2, and the Response to Comments and revisions to the Exhibit 3. permit, tentative ission must first )ort (FEIR). The IR), attached as =1R, attached as The City contracted with The Planning Center, an environments consulting firm, to prepare an Initial Study and DEIR for the proposed project. The Initial Study was prepared in accordance with the requirements of the Califor1riia Environmental Quality Act (CEQA). Based upon the analysis of the Initial Study, the issue areas id( as either a no impact or a less than significant level are: Ag Mineral Resources, Population and Housing, Recreation and Systems. These topics were not discussed further in the DEIR. The following environmental topics were identified as potent) implementation of the proposed project: Aesthetics, Air Resources, Cultural Resources, Geology and Soils, Haza) Materials, Hydrology and Water Quality, Land Use and Pla! Services, Transportation and Traffic. These topics were the analysis, and potential impacts were identified. Speck mitiga been included to reduce the potentially significant adverse el significant level, with the exception of one impact related discussed in the Unavoidable Adverse Impacts discussion sect The DEIR was completed and circulated for a mandatory 45 -( began on February 12, 2008 and concluded on March previously transmitted to the Planning Commission on Comments were received from several interested parties, Environmental Quality Affairs Committee, California C Department of Transportation, Department of Toxic Department of Conservation, Native American Heritage Corn Use Commission for Orange County, The Irvine Company, I and several residents. The consultant and staff have prep responses to each of the comments received on the ad, (Section 2 of Exhibit No. 3). Revisions to the DEIR were also prepared, which provide: 1) information required for the preparation of responses to a applicable updated information that was not available at publication; and 3) corrections to typographical errors. The n clarification to Mitigation Measures 3 -2 and 5 -3. The revisit measures do not alter any impact significance conclusion di to be affected 91 Resources, and Service affected by the uality, Biological and Hazardous rg, Noise, Public ryect of the DEIR i measures have is to a less than noise which is below. review period that 2008, and was )ruary 15, 2008. ;luding the City's tal Commission, stances Control, sion, Airport Land e Here! Local 11, d detailed written acv of the DEIR itional or revised n comments; 2) time of DEIR ons also include to the mitigation sed in the DEIR, 0 and therefore, do not warrant recirculation of the DEIR for Public review. The revisions to the DEIR are included in Section 3 of Exhibit 3. Alternatives The document discusses project alternatives as required Pursuant to CEQA (Section 7 of DEIR). These alternatives include a No Project Iternative (existing conditions would remain), an Alternative Development Area (locating the proposed timeshares and ballroom at an alternative location), Alternative Land Use (developing hotel rooms instead of timeshares), Reduced Ballroom Alternative (reducing size of ballroom by 4,000 square feet to eliminate the need for a parking structure), Reduced Timeshare Alternative (reducing the number of timeshare units), Reduced Construction Equipment Alternative (reducing the use of construction equipment by extending the construction schedule), and Site Plan Alternative (original design of the proposed project locating tw of the timeshare buildings closer to the northern edge of the property). Although in some cases the alternatives are considered to have reduced impacts and considered environmentally superior, none of those alternatives were found to achieve the project's objectives. The project objectives are identified in Secti n 3.3 of the DEIR (Page 3 -2). Unavoidable Adverse Impacts As previously stated, all of the potentially significant adverse i pacts associated with the proposed project can be reduced to a less than sign -cant level through the implementation of mitigation measures, with the excepti n of the following impact: Impact 5.9 -5 Construction activities at the Hyatt Regency would significantly elevate the daytime noise environment in t e vicinity of noise - sensitive residential and recreational uses. Despite the application of several mitigation measures (MM 71 through 9 -5) to reduce noise levels from construction activities, nearby n ise- sensitive uses would be temporarily exposed to elevated noise levels d ring construction activities and Impact 5.9 -5 would remain significant and unavoidable. If the Planning Commission recommends approval of the p% benefits of the project outweigh the unavoidable adverse envir preparation of a Statement of Overriding Considerations is rec City Council to approve the project. A draft Statement of Over will be prepared and included in the November 20, 2008, Planning Commission's consideration. bt and believes the mental impact, the red in order for the ing Considerations tall report for the 4 Public Notice Notice of this hearing was published in the Daily Pilot, mailed t within 300 feet of the property (excluding roads and waterwa the site a minimum of 10 days in advance of this hearing c Municipal Code. The environmental assessment process has in a similar manner and all mandatory notices per the Califor Quality Act have been given. Finally, the item appeared upon t meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: Jaime Murillo, Associate Planner avid Lepo EXHIBITS 1. Applicant's continuance request 2. Draft EIR (under separate cover) 3. Final EIR, including response to comments (under FAUsers\PLNlShared%PA's\PAs - 2005VPA2005- 2121PA2005 -212 102308 PCrpt.doc ing roperty owners and posted at ;istent with the o been noticed Environmental agenda for this Director cover) �1 EXHIBIT 1 Applicant's Continuance Letter 0 October 15, 2oo8 "G"` PLANNINO OCT 1 Mr. David Lepo CITY OF Planning Director f City of Newport Beach 33oo Newport Blvd. Newport Beach, CA 92663 RE: Hyatt Regency Newport Beach Planning Commission Public Hearing — October 23, Request for Continuance Dear Mr. Lepo and Members of the Newport Beach Planning We respectfully request that our noticed public hearing for be continued to the next regularly scheduled Planning Com November 6, 2oo8. r BY 'ARTMEW 2008 ART BEACH 23, 2008 hearing on While Sunstone owns the Hyatt, the property itself is owned by an ther entity JGKallins Newport Investments, LLC. In order that they have the necessary tune to review all documents prior to the first public hearing, we require the granting of this continuance. Thanks for your cooperation on this important matter. Sincerely, Z .i Coralee Newman Applicants Representative 230 Newport Center Drive, Suite 210 • Newport Beach, CA 92660.949- 717 -7943 main -949- 717 -7941 fax.www.gamrol-com If EXHIBIT 2 Draft EIR (under cover) /l EXHIBIT 3 Final EIR, including response to comments (under separate cover) 16