HomeMy WebLinkAboutHyatt Newporter (PA 2001-180)CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
u 3300 NEWPORT BOULEVARD
S9jc00.d \P NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Hearing Date:
Agenda Item:
Staff Person:
Appeal Period:
April 18, 2002
2
Todd M. Weber
(949) 644 -3209
14 days from the date
of final action
REPORT TO THE PLANNING COMMISSION
PROJECT: Hyatt Newporter Use Permit No. 2001 -031 (PA 2001 -180)
1107 Jamboree Road
SUMMARY: A request to permanently include the Summer Jazz Series as an annually
recurring event, ancillary to the normal operations of the existing resort hotel
facility.
ACTION: Adopt a Mitigated Negative Declaration for the project and approve Use
Pen-nit (UP) No. 2001 -031, subject to the findings, mitigation measures
and conditions of approval attached, by adopting Resolution No.
entitled, "A Resolution of the Planning Commission of the City of Newport
Beach Approving UP No. 2001 -031 for Property Located at 1107 Jamboree
Road (PA 2001 - 180)."
APPLICANT: Mr. Bruce Brainerd, General Manager
Hyatt Newporter, Newport Beach
LOCATION: The facility is located at the north corner of the intersection of Jamboree
Road and Back Bay Drive.
LEGAL
DESCRIPTION: Parcel 1 of Parcel Map No. 17 - 3
GENERAL PLAN: Retail & Service Commercial
ZONING
DISTRICT: RSC (Retail & Service Commercial)
Use Permit No. 2001 -031
(PA2001 -180)
1107 Jamboree Road
Current
Development:
Hyatt Newporter Resort Hotel and ancillary facilities
To the north:
Recreational and Open Space adjacent to the project site and NT ort Bay beyond
To the east:
Subject Property
To the south:
Residential uses within Sea Island Condominiums across Jamboree Road and vacant
property designated as Commercial across Back Bay Drive
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Newport Dunes Resort across Back Bay Drive and Newport Bay beyond
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Use Permit No. 2001 -031
(PA2001 -180)
1107 Jamboree Road
Current
Development:
Hyatt Newporter Resort Hotel and ancillary facilities
To the north:
Recreational and Open Space adjacent to the project site and NT ort Bay beyond
To the east:
Residential uses within Sea Island Condominiums across Jamboree Road
To the south:
Residential uses within Sea Island Condominiums across Jamboree Road and vacant
property designated as Commercial across Back Bay Drive
To the west:
Newport Dunes Resort across Back Bay Drive and Newport Bay beyond
Hyatt Newporter Sumner Jazz Series (PA 2001 -180)
April 18, 2002
Page 2 of 9
Introduction
The project involves the inclusion of the Summer Jazz Series as a permanent entitlement under the
Use Permit (UP) for the Hyatt Newporter Resort Hotel, thereby eliminating the need to seek annual
approvals from the City. The events have previously taken place for several years under the
authorization of Special Event Permits (SEP's). Due to the reoccurring nature of the Summer Jazz
Series as well as its 10 -year history, the Planning Director determined that the series should no
longer be considered a special event; rather it should be approved as an ancillary use under the
Hyatt Newporter's existing Use Permit. The Hyatt currently operates a resort hotel complex with
Use Permit No. 3161. Staff believes the best way to authorize the concert series while also
addressing the sound considerations is through the Use Permit process.
Background and Proiect Overview
The Summer Jazz Series is proposed to take place on Friday nights from June V through October
31' between the hours of 7:00 and 10:00 p.m. The concerts will be held in the existing amphitheatre
on the grounds of the resort hotel. This is the same location where they have occurred for the past
several years. The site plan, including the existing amphitheatre where the Summer Jazz Series is
held, is depicted in Exhibit No. 5.
Based upon information provided for 2001, a total of 19 performances were conducted with an
average attendance of approximately 775 persons, with some performances generating audiences up
to approximately 1000 guests. The sound levels emanating from the Summer Jazz Series and how
they can be mitigated to prevent impacts to the surrounding residential properties is the most
sensitive issue associated with this request, and is discussed more extensively later in this report.
Parking, including provisions for valet service, for the Summer Jazz Series will typically be located
entirely on site. Should any given concert under the Jazz Series become large enough to warrant the
use of off -site parking, the Newport Dunes Resort is available to accommodate the need and has
submitted a letter attesting to this arrangement. It should be noted that the Newport Dunes Resort
and the Hyatt Newporter have a reciprocal arrangement to accommodate the overflow for large
events at either venue. Valet and regular guest parking will be received on site the same as in past
years. The Hyatt will have hotel staff members directing arriving patrons to the appropriate valet
location or parking area. Directional signage along Jamboree Road will also assist with this process
but in no case will hotel employees be permitted to direct vehicle traffic within any public right -of-
way. The primary point of ingress is the existing traffic signal that serves both the Hyatt and the
entrance to the Sea Island Condominiums. Valet traffic is routed to the upper (front) parking lot of
the hotel while self - parking traffic is directed to the lower (rear) parking lot. Egress is allowed at
both Back Bay Drive and Jamboree Road.
Site Overview
The project site is the existing Hyatt Newporter Resort Hotel located at 1107 Jamboree Road, at
the northwest corner of the intersection of Jamboree Road and Back Bay Drive. It is situated near
Lower Newport Bay but does not abut it, as the Newport Dunes Resort and Back Bay Drive
provide some separation. The existing amphitheatre where the Summer Jazz Series is held is
located north of the main swimming pool towards the northwest portion of the property. The
Hyatt Newporter Summer Jazz Series (PA 2001 -180)
April I8, 2002
Page 3 of 9
amphitheatre was constructed where a slight slope exists to allow for the separate and raised
levels of seating.
Nearby residential areas are separated from the Hyatt property by the Newport Dunes Resort,
Upper Newport Bay, open space or Jamboree Road.
Analysis
General Plan and Zoning Code
There are no conflicts between the proposed project and the General Plan or the Zoning Code. The
site is designated and zoned as Retail & Service Commercial (RSC). By past approvals, the
Summer Jazz Series has been deemed to be an appropriate use within these designations. At the
direction of the Planning Department, this request seeks to authorize the Summer Jazz Series as a
permanent entitlement under the facility's Use Permit rather than through the issuance of a Special
Events Permit (SEP).
Past Approvals and Use Permit Applicability
The Summer Jazz Series has taken place at the Hyatt Newporter over approximately the past 10
years through the approval of Special Events Permits (SEP's). City approvals for the Series were
consistent with both the General Plan designation for the site as well as all applicable Zoning Code
provisions. The use was temporary in nature and approval included the necessary condition to
regulate hours of operation, circulation and parking, noise etc. While some prior years resulted in
complaints associated with event sound, the series was generally viewed as compliant with the
conditions of approval.
The Planning Department now feels the Summer Jazz Series has evolved in that the event has
become more of an annually recurring series rather than a Special Event (i.e., a SEP is more
appropriate for once a year events or other one -time occurrences). Furthermore, due to the fact that
it takes place every year over a period of 4 months, staff feels that the Summer Jazz Series is now
ancillary to the on -going operations of the existing resort hotel facility. Therefore, the applicant was
directed by the City to apply for a Use Permit to include the Summer Jazz Series as a permanent
entitlement.
Including the enhanced measures taken during the 2001 Series to mitigate event sound (discussion
following), the applicant is proposing that every logistical aspect remain the same as has been
previously conducted in past years. These aspects include, but are not limited to: day and time the
concerts are held, circulation and parking, security, etc.
Parking and Circulation
The existing parking for the 405 -room facility is 813 spaces for regular and handicapped vehicles
and 5 spaces for motorcycles. When the Hyatt's Use Permit (No. 3161) was amended in 1988, the
Council approved an expansion of hotel facilities with deficient parking. The minutes from the
February 22, 1988 City Council meeting indicate the expansion was approved even with a shortfall
of 100 parking spaces (i.e., 745 spaces existed and 845 were required). It was agreed that any
Hyatt Newporter Summer Jazz Series (PA 2001 -180)
April 18, 2002
Page 4 of 9
potential parking problems might occur 3 to 5 times a year during events with the largest attendance
(i.e., Independence Day, New Year's Eve, etc.). They may have had the same arrangement at that
time with the Newport Dunes Resort for overflow parking. The parking lots appear to have been re-
striped since the 1988 approval, which would account for the increase in total parking spaces up to
818. While most spaces conform to City requirements, there are some that are non - conforming.
A review of the current parking and circulation aspects of the project was conducted and a report
was submitted as part of the application. Mr. Robert Kahn of RK Engineering Group, Inc., is a
registered traffic engineer hired by the Hyatt to compile the parking numbers and prepare the report.
For the Summer Jazz Series, it is stated that the site provides adequate parking to handle the
resulting demand. This conclusion is based upon such factors as: 10% of the concert attendees are
hotel guests, a majority of concert patrons arrive in shared transportation (e.g., more than 1 person
per vehicle), and the limited need for hotel guest parking.
The submitted report estimated that the concerts attract between 500 to 1000 attendees with the
average crowd being approximately 775 guests. The report continues by providing actual traffic
count data from year 2001 that shows between 300 and 450 additional vehicles are parked on site as
a result of each concert performance. This parking is in addition to the 314 (maximum experienced
last year) parking spaces needed for hotel guests. Between the 2 maximum parking counts
experienced (314 & 450), the report concludes that a maximum of 764 spaces were needed (versus
818 existing on site) during the June to October time frame the Summer Jazz Series takes place.
The report concludes that there is a surplus of 54 spaces when a concert has approximately 1000
attendees. The City's Transportation and Development Services Manager has reviewed the
submitted Circulation and Parking Plan and does not dispute its conclusions. Additionally, should
the assumptions made in the report not bear true for any particular concert in the future, the use of
off -site parking at the Newport Dunes Resort is available to accommodate the overflow need.
Currently there are 7 storage container trash bins located in the parking area that occupy or displace
approximately 30 total parking spaces. Even though it can be deduced from the aforementioned
report that, minimally, there would be a surplus of 54 spaces — enough to account for the 30
occupied by storage bins —the containers and bins must be removed and or replaced with
permanent facilities. The applicant has stated that the hotel has established a reserve account to
build a permanent storage facility but that adequate funds would not accumulate until the end of
2002. Should the Commission receive the proposal favorably, staff recommends attaching a
condition of approval that requires the applicant to remove the bins before the start of the Summer
Jazz Series in the year 2003 (Condition No. 4). The applicant is in agreement with this condition.
This should provide adequate time for fund accumulation, City approvals, and construction of a
permanent storage building as well as removal of the existing bins.
Noise
After conducting the required environmental review, it became clear that noise is the primary
concern with regard to the proposal. This is also based upon some of the complaints received or
perceived problems of past series, prior to 2001.
The City has three sections of the Municipal Code that pertain directly to this issue. The first
section, Chapter 10.26 "Community Noise Control," outlines the exterior noise standards for the
Hyatt Newporter Summer Jazz Series (PA 2001 -180)
April 18, 2002
Page 5 of 9
City, which is important for the nearby residential areas. The next section, outlined within Chapter
10.28 "Loud and Unreasonable Noise," pertains to all unreasonably loud noises, but there is a
special section that directly addresses loud and unreasonable noise emanating from sound making
or amplifying devices. The last section, Chapter 10.32 "Sound - Amplifying Equipment," regulates
the use of sound amplifying equipment so that it is not audible from a distance beyond a hundred
feet (100') from the equipment's location. The relevant text of all 3 Chapters is provided as Exhibit
No. 3.
The event benefits from the type of music for the concert series, jazz, as it doesn't have the same
tendency toward amplification of the music as pop, rock `n roll, etc. However, certain instruments
within the jazz genre can have loud, piercing tones at different points within a song or concert.
Mr. Dave Wieland, the Hyatt's acoustical consultant, performed an acoustical study and noise level
measurements were taken during two of the Jazz concerts in 2000. The submitted noise study has
been included for consideration as part of this report (Exhibit No. 4).
In review, the report notes some key points that need to be taken into consideration in the context of
the City's noise regulations.
1. For the 2 jazz concerts monitored, the average noise levels measured were
between 37 and 63 dB(A) in the surrounding community including the
nearby residential areas. While the top measurement recorded exceeds the
adopted exterior noise standards for residential areas at 60 dB(A), as
measured form the property line, the higher level is in compliance with the
City's noise standards since the measured ambient noise level exceeded the
63 dB(A). The justification for this position is found in Municipal Code
Section 10.26.025(A) (Exhibit No. 3).
2. The noise consultant's report also suggests that the standards listed within
Chapter 10.32, Sound Amplifying Equipment, are qualitative and subjective
in nature. The report states that no limit is placed on the amount of noise that
may be generated; rather, it cannot be discernable from more than 100 feet
from the (sound amplifying) equipment. The report continues to state that
noise associated with the concert series performances will be somewhat
audible from more than 100 feet from the venue. It becomes more
complicated when crowd noise and certain acoustical instruments or music
are taken into consideration (i.e., no amplification used in generating the
sound). The report reads that even if the sound system were completely
replaced, there would still be no control over non - amplified music and
crowd noise. The situation is further exacerbated by changes in the climatic
conditions (i.e., wind patterns, inversion layers, etc.). Chapter 10.32
provides that the only sounds permitted to be amplified by equipment are
human speech and music. It further states that "the volume of sound shall be
controlled so that it will not be audible in excess of 100 feet from the sound
amplifying equipment" and that it not be "unreasonably loud, raucous,
jarring, disturbing or a nuisance to persons within the range of allowed
Hyatt Newporter Summer Jazz Series (PA 2001 -180)
April 18, 2002
Page 6 of 9
audibility." The only subjective aspect might be the application of these
code provisions, as not all individuals perceive audibility to the same degree.
The noise consultant concluded by suggesting a compromise approach that
involves modifications to the existing sound system including better control
of the music at the sound mixer board, continual noise monitoring, cut -off
times for the amplified music (i.e., 10:00 pm for the Summer Jazz Series),
and a Hyatt employee designated as a community contact person for these
events should a nuisance complaint arise. It is stated that the Hyatt should
utilize to the best extent possible, the same noise consultant and community
contact person for each event to ensure consistency. Should the Commission
view the proposal favorably, these mitigation measures would be required as
conditions of approval and the applicant is in agreement with these
requirements (Condition Nos. 8 & 9).
3. Chapter 10.28, which pertains to "Loud and Unreasonable Noise," has been
written as a reactive or response measure when a loud or unreasonable noise
situation occurs. It was included in the Municipal Code to provide the entire
community with a means to report any situation that becomes a public
nuisance. This section's applicability to the Hyatt's request is for complaint
response should an event produce significant noise impacts.
The 2001 Summer Jazz Series incorporated new sound related mitigation measures, recommended
by the acoustical consultant, which pertained to: the sound system, concert stage and mixing station
set -up, and on -site response. The enhanced system of noise mitigation resulted in no formal
complaints filed regarding the Summer Jazz Series last year, which was confirmed by both Code
Enforcement staff and the Police Department.
Use Permit Findings
To approve the Hyatt's request for a Use Permit, the Planning Commission must make the
following findings:
That the proposed location of the use is in accord with the objectives of
this code and the purposes of the district in which the site is located.
Staff believes this finding can be made as the Summer Jazz Series has taken place in this same
venue for approximately 10 years utilizing generally the same parking arrangements. It is staff's
belief that as the series has evolved and grown, it has become ancillary to the normal operations
of the existing resort hotel facility. Therefore, both the City's past approvals and current restrictions
relating to the operation of the series indicate that the proposed location is in accord with the
objectives of the Zoning Code and the permitted uses under the RSC zoning.
2. That the proposed location of the use permit 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; will not be detrimental to the public health, safety, peace, morals,
Hyatt Newporter Summer Jazz Series (PA 2001 -180)
April 18, 2002
Page 7 of 9
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.
Staff believes that the days and hours that the Series is permitted and the circulation and parking
characteristics pertaining to the site support this finding. The sound system is controlled and
monitored by employees or consultant's hired by the Hyatt and not the artists' performing. As
recommended by the acoustical consultant, this aspect of the event's operations ensures
consistency between concerts comprising the Series. Additionally, the generated sound levels
and recommended mitigation measures related to the sound system, monitoring, and community
contact support project approval. Lastly, no formal complaints were registered during or after the
2001 Summer Jazz Series indicating that the concerts are not a detriment to the public's health,
safety and welfare.
3. That the proposed use will comply with the provisions of this code,
including any specific condition required for the proposed use in the
district in which it would be located.
No specific condition of the code regulates this type of use. Therefore, this finding does not
apply. Should the Commission favor an approval for this request, conditions of project approval
have been prepared that require compliance with City codes as well as mitigation of any negative
or potentially negative impacts associated with conducting the Summer Jazz Series.
Summary
The applicant was directed by the Planning Department to establish the Summer Jazz Series as a
permanent entitlement under the Use Permit for the resort hotel facility. This direction was based
on the fact that the Summer Jazz Series has evolved into a regular activity, defined by the same
dates and time periods each year, that is deemed ancillary to the on -going operations of the resort
hotel facility. The City is left with the difficult task of finding a solution that is acceptable to all
concerned parties. The Planning Commission must make the determination as to whether the
suggested compromise approach is adequate to protect the nearby residents from potentially
significant sound related impacts. In sanctioning these events, it must be recognized that
entertainment activities occurring in outdoor settings will always be somewhat audible from off -
site. Furthermore, the audibility of the Series in neighboring residential areas is influenced by
wind patterns, crowd noise, and non - amplified instruments. The recommended mitigation
measures by the Hyatt's acoustical consultant appear to have eliminated the negative impacts
associated with the resulting concert sound levels.
Environmental Review
Although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case due to specific mitigation measures and conditions of
approvals associated with the approval of the project. A Mitigated Negative Declaration has been
prepared for the project, which outlines the environmental analysis and the proposed mitigation
measures related to noise control (Exhibit No. 1).
Hyatt Newporter Summer Jazz Series (PA 2001 -180)
April 18, 2002
Page 8 of 9
Recommendation
Staff recommends that the Planning Commission adopt the Mitigated Negative Declaration for the
project and approve Use Permit (UP) No. 2001 -031, subject to the findings, mitigation measures
and conditions of approval attached, by adopting Resolution No. entitled, "A Resolution of
the Planning Commission of the City of Newport Beach Approving UP No. 2001 -031 for Property
Located at 1107 Jamboree Road (PA 2001- 180)."
Should testimony presented during the public hearing give rise to a different conclusion, staff
recommends that the Commission take whatever action it deems appropriate.
Submitted by: Prepared by:
PATRICIA L. TEMPLE TODD M. WEBER
Planning Director Associate Plann
"'(.t �W1S 6
Exhibits
1. Mitigated Negative Declaration
2. Resolution No. , including Findings and Conditions of Approval
3. Applicable Noise Regulations from the Municipal Code
4. Wieland Associates Prepared Report Regarding Noise Levels Associated with the Jazz
Series
5. Hyatt Newporter Site Plan
Hyatt Newporter Su n ner Jazz Series (PA 2001 -180)
April 18, 2002
Page 9 of 9
Exhibit No. 1
Mitigated Negative Declaration
To:
CITY OF NEWPORT BEACH IP 0 S T C'
3300 Newport Boulevard - P.O. Box 1768 MAR 29' g Q ? Ed
Newport Beach, CA 92658 -8915
(949) 644 -3200
k•Aecorder
MITIGATED NEGATIVE DECLARATION DEPUTY
F-1 P.O. of Planning and Research
P.O. BOX 3044
Sacramento, CA 95812 -3044
71 County Clerk, County of Orange
Public Services Division
P.O. Box 238
Santa Ana, CA 92702
Public review period:
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(Orange County)
Date received for filing at OPR/County Clerk:
313012002 to 411812002
Name of Project: Hyatt Newporter Use Permit No. 2001 -031 (PA2001 -180)
Project Location: 1107 Jamboree Road
Project Description: The project includes the Summer Jazz Series, which would transpire from June 1" through October 31"
between the evening hours of 7:00 p.m. and 10:00 p.m. and will take place in the existing amphitheatre at the resort hotel. The
Newport Dunes Resort would accommodate overflow parking.
Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California
Environmental Quality Act ( "CEQA "), staff has evaluated the proposed project and determined that the proposed project would not
have a significant effect on the environment.
A copy of the Initial Study containing the analysis supporting this finding is ❑ attached ■ on file at the Planning Department.
The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document
will be considered by the decision - maker(s) prior to final action on the proposed project. If a public hearing will be held to consider
this project, a notice of the time and location is attached.
Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like
to examine these materials, you are invited to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to
the close of the public review period. Your comments should specifically identify what environmental impacts you believe would
result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to
eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and
testify as to the appropriateness of this document.
If you have any questions or
Todd M.
uld likYinforination, please contact the undersigned at (949) 644 -3209.
0• Date 3• 2?• 01
Planner
F: \USERS \PLN\Shared\PA's\PA2001 - 180 \UP2001 -03I _HyttNwprtr_negdec1doc
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CITY OF NEWPORT BEACH
ENVIRONMENTAL CHECKLIST FORM
Project Title:
Lead Agency Name and Address:
Contact Person and Telephone Number:
Project Location:
Project Sponsor's Name, Address:
General Plan Designation:
Zoning:
Hyatt Newporter Resort Hotel
Use Permit No. 2001 -031
City of Newport Beach
Planning Department
3300 Newport Boulevard,
Newport Beach, CA 92658 -8915
Todd M. Weber, Associate Planner
(949) 644 -3209
1107 Jamboree Road
Mr. Bruce Brainerd, General Manager
Hyatt Newporter Resort Hotel
1107 Jamboree Road
Newport Beach, CA 92658 -6100
Retail & Service Commercial
RSC (Retail & Service Commercial)
Description of Project: (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, support, or off -site features necessary for its
implementation. Attach additional sheets if necessary.)
The project involves the inclusion of the Summer Jazz Series as •a permanent entitlement under the
Use Permit (UP) for the Hyatt Newporter Resort Hotel, thereby eliminating the need for an annual
Special Event Permit (SEP).
The Summer Jazz Series takes place in the existing amphitheatre at the hotel on Friday nights from
June 1" through October 31' between the hours of 7:00 and 10:00 p.m. The concerts do not
necessarily take place every Friday night, but they could occur over consecutive weeks. The average
attendance is approximately 775 persons, but some performances include audiences up to 1000
guests.
Should the event become large enough to wan-ant the use of off -site parking, the Newport Dunes
Resort is available to accommodate the need.
CHECKLIST
Page 1 1q
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.)
Current
Hyatt Newporter Resort Hotel
Development:
To the north:
Residential use within the Newport North Planned Community (PC -
41 ) District
To the east:
Residential use within the Sea Island Planned Community (PC — 21)
District across MacArthur Boulevard
To the south:
Residential use within the Villa Point Apartments Planned Community
(PC — 30) District and the Sea Island Planned Community (PC — 21)
District across MacArthur Boulevard, and vacant property within the
Bayview Landing Planned Community C — 39 District
To the west:
Recreational uses within the Newport Dunes Planned Community (PC —
48 ) and Newport Harbor
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
None.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
❑ Land Use Planning
❑ Population & Housing
❑ Geological Problems
❑ Water
❑ Air Quality
❑ Transportation/
Circulation
❑ Biological Resources
❑ Energy & Mineral
Resources
❑ Hazards
❑ Noise
❑ Mandatory Findings of
Significance
DETERMINATION (To be completed by the Lead Agency.)
On the basis of this initial evaluation:
❑ Public Services
❑ Utilities & Service
Systems
❑ Aesthetics
❑ Cultural Resources
❑ Recreation
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
C
CHECKLIST
Page 2 5
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions
in the project have been made by, or conditions of project approval have been
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION
will be prepared. ■
I find that the proposed project MAY have a significant effect on the
environment, and ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the
environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact"
or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain
to be addressed.
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case because
all potentially significant effects (a) have been analyzed adequately in an earlier
EIR or NEGATIVE DECLARATION pursuant to applicable standards and
(b) have been avoided or mitigated pursuant to that earlier EIR, including
revisions or mitigation measures that are imposed upon the proposed project,
nothing further is required.
/"IAQCN
Submitted by: T . Weber, Associate Planner Signature' Date
ity of Newport Beach Planning Department
SR+'1�
Prepared by: Signature Date
F:\USERS\PLN\SHARED\IFORMS\NEG-DMOOCKLIST.DOC
CHECKLIST
Page 3 Jlp
CITY OF NEWPORT BEACH
ENVIRONMENTAL CHECKLIST
I.
AESTHETICS.
Less than
Would the project:
a)
Have a substantial adverse effect
Significant
on a scenic vista?
b)
Substantially damage scenic
Impact
resources, including, but not limited
to, trees, rock outcroppings, and
historic buildings within a state
scenic highway?
C)
Substantially degrade the existing
❑
visual character or quality of the site
❑
and its surroundings?
C)
Create a new source of substantial
❑
light or glare which would adversely
❑
affect day or nighttime views in the
❑
area?
II. AGRICULTURE RESOURCES.
Would the project:
a)
Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown
on the maps prepared pursuant to
the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-
agricultural use?
b)
Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
C)
Involve other changes in the
existing environment which, due to
their location or nature, could result
in conversion of Farmland, to non-
agricultural use?
Potentially
Potentially
Less than
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
❑
❑
❑
■
❑
❑
❑
■
❑
❑
❑
■
❑ ❑ ❑ ■
❑ ❑ ❑ ■
CHECKLIST
Page 4 )1
CHECKLIST
Page 5
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
III.
AIR QUALITY.
Would the project:
a)
Conflict with or obstruct
❑
❑
❑
■
implementation of the applicable air
quality plan?
b)
Violate any air quality standard or
❑
❑
❑
■
contribute to an existing or
projected air quality violation?
C)
Result in a cumulatively
❑
❑
❑
■
considerable net increase of any
criteria pollutant for which the
project region is non- attainment
under an applicable federal or state
ambient air quality standard
(including releasing emissions
which exceed quantitative
thresholds for ozone precursors)?
d)
Expose sensitive receptors to
❑
❑
❑
■
substantial pollutant
concentrations?
e)
Create objectionable odors affecting
❑
❑
❑
■
a substantial number of people?
IV.
BIOLOGICAL RESOURCES.
Would the project:
a)
Have a substantial adverse effect,
❑
❑
❑
■
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or
regional plans, policies, or regulations
or by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service?
b)
Have a substantial adverse effect on
❑
❑
❑
■
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies,
regulations or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
CHECKLIST
Page 5
CHECKLIST
Page 6 9
Potentially
Potentially
Less than
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
c)
Have a substantial adverse effect on
❑
❑
❑
■
federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or other
means?
d)
Interfere substantially with the
❑
❑
❑
■
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or
impeded the use of native wildlife
nursery sites?
e)
Conflict with any local policies or
❑
❑
❑
■
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance?
f)
Conflict with the provisions of an
❑
❑
❑
■
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or state habitat
conservation plan?
V.
CULTURAL RESOURCES. Would
the project:
a)
Cause a substantial adverse
❑
❑
❑
■
change in the significance of a
historical resource as defined in
§15064.5?
b)
Cause a substantial adverse
❑
❑
❑
■
change in the significance of an
archaeological resource pursuant to
§15064.5?
C)
Directly or indirectly destroy a
❑
❑
❑
■
unique paleontological resource or
site or unique geologic feature?
d)
Disturb any human remains,
❑
❑
❑
■
including those interred outside of
formal cemeteries?
CHECKLIST
Page 6 9
CHECKLIST
Page 7 ��
Potentially
Potentially
Less man
no
. Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
VI.
GEOLOGY AND SOILS.
Would the project:
a)
Expose people or structures to
potential substantial adverse
effects, including the risk of loss,
injury, or death involving:
i) Rupture of a known earthquake
❑
❑
■
❑
fault, as delineated on the most
recent Alquist- Priolo
Earthquake Fault Zoning Map
issued by the State Geologist
for the area or based on other
substantial evidence of a
known fault? Refer to Division
of Mines and Geology Special
Publication 42.
ii) Strong seismic ground
❑
❑
■
❑
shaking?
iii) Seismic - related ground failure,
❑
❑
■
❑
including liquefaction?
iv) Landslides?
❑
❑
■
❑
b)
Result in substantial soil erosion or
❑
❑
❑
■
the loss of topsoil?
C)
Be located on a geologic unit or soil
❑
❑
■
that is unstable, or that would
become unstable as a result of the
project and potentially result in on-
or off -site landslide, lateral
spreading, subsidence, liquefaction
or collapse?
d)
Be located on expansive soil, as
❑
❑
■
defined in Table 18- 1 -B of the
Uniform Building Code (1994),
creating substantial risks to life or
property?
e)
Have soils incapable of adequately
❑
❑
❑
■
supporting the use septic tanks or
alternative wastewater disposal
systems where sewers are not
available for the disposal of
wastewater?
CHECKLIST
Page 7 ��
g) Impair implementation of or ❑ ❑ ❑ ■
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
CHECKLIST
Page 8 71
Potentially
Potentially
Less tnan
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
"
Incorporated
VII.
HAZARDS AND HAZARDOUS
MATERIALS.
Would the project:
a)
Create a significant hazard to the
❑
❑
❑
■
public or the environment through
routine transport, use, or disposal of
hazardous materials?
b)
Create a significant hazard to the
❑
❑
❑
■
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
C)
Emit hazardous emissions or
❑
❑
❑
■
handle hazardous or acutely
hazardous materials, substances,
or waste within one - quarter mile of
an existing or proposed school?
d)
Be located on a site which is
❑
❑
❑
■
included on a list of hazardous
materials sites which complied
pursuant to Government Code
Section 65962.5 and, as a result,
would it create a significant hazard
to the public or the environment?
e)
For a project within an airport land
❑
❑
❑
■
use plan or, where such a plan has
not been adopted, within two miles
of a public airport or public use
airport, would the project result in a
safety hazard for people residing or
working in the project area?
f)
For a project within the vicinity of a
❑
❑
❑
■
private airstrip, would the project
result in a safety hazard for people
residing or working in the project
area?
g) Impair implementation of or ❑ ❑ ❑ ■
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
CHECKLIST
Page 8 71
VIII.
Potentially
Potentially
Less than NO
Significant
Significant
Significant Impact
Impact
Unless
Impact
Would the project:
Mitigation
a)
Incorporated
❑
h) Expose people or structures to a
❑
❑
❑ ■
significant risk of loss, injury or
death involving wildland fires,
b)
Substantially deplete groundwater
❑
including where wiidlands are
❑
■
adjacent to urbanized areas or
where residences are intermixed
with groundwater recharge such
with wildlands?
VIII.
HYDROLOGY AND WATER
QUALITY.
Would the project:
a)
Violate any water quality standards
❑
❑
❑
■
or waste discharge requirements?
b)
Substantially deplete groundwater
❑
❑
❑
■
supplies or interfere substantially
with groundwater recharge such
that there would be a net deficit in
aquifer volume or a lowering of the
local groundwater table level (e.g.,
the production rate of pre- existing
nearby wells would drop to a level
which would not support existing
land uses or planned uses for which
permits have been granted)?
C)
Substantially alter the existing
❑
❑
❑
■
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river, in a
manner which would result in
substantial erosion or siltation on-
or off -site?
d)
Substantially alter the existing
❑
❑
❑
■
drainage pattern of the site or area,
including through the alteration of a
course of a stream or river, or
substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on or off -site?
e)
Create or contribute runoff water
❑
❑
❑
■
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade ❑ ❑ ❑ ■
water quality?
cf�IST
Page 9 Z
g) Place housing within a 100 -year
flood hazard area as mapped on a
federal Flood Hazard Boundary or
Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100 -year flood
hazard area structures which would
impede or redirect flood flows?
i) Expose people or structures to a
significant risk of loss, injury or
death involving flooding, including
flooding as a result of the failure of
a levee or dam?
j) Inundation by seiche, tsunami, or
mudflow?
IX. LAND USE AND PLANNING.
Would the proposal:
a) Physically divide an established
community?
b) Conflict with any applicable land
use plan, policy, or regulation of an
agency with jurisdiction over the
project (including, but not limited to
the general plan, specific plan, local
coastal program, or zoning
ordinance) adopted for the purpose
of avoiding or mitigating an
environmental effect?
C) Conflict with any applicable habitat
conservation plan or natural
community conservation plan?
X. MINERAL RESOURCES.
Would the project:
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
b) Result in the loss of availability of a
locally- important mineral resource
recovery site delineated on a local
general plan, specific plan, or other
land use plan?
Potentially
Potentially
Less than No
Significant
Significant
Significant Impact
Impact
Unless
Impact
Mitigation
Incorporated
❑
❑
❑ ■
❑
❑
❑ ■
❑
❑
❑ ■
❑ ❑ ❑ ■
❑ ❑ ❑ ■
❑ ❑ ❑ ■
❑ ❑ ❑ ■
CHECKLIST
Page 10
C) Displace substantial numbers of
people, necessitating the
construction of replacement housing
elsewhere?
XI. NOISE.
Would the project result in:
a) Exposure of persons to or
generation of noise levels in excess
of standards established in the local
general plan or noise ordinance, or
applicable standards of other
agencies?
b) Exposure of persons to or
generation of excessive
groundbome vibration or
groundbome noise levels?
C) A substantial permanent increase in
ambient noise levels in the project
vicinity above levels existing without
the project?
d) A substantial temporary or periodic
increase in ambient noise levels in
the project vicinity above levels
existing without the project?
e) For a project located within an
airport land use land use plan or,
where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would
the project expose people residing
or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a
private airstrip, would the project
expose people residing or working
in the project area to excessive
noise levels?
Potentially
Potentially
Less than No
Significant
Significant
Significant Impact
Impact
Unless
Impact
Mitigation
Incorporated
❑
❑
❑ ■
❑ ❑ ■ ❑
❑ ❑ ❑ ■
❑ ❑ ❑ 0
❑ ❑ ❑ 0
❑ ❑ ❑ 0
❑ ❑ ❑ ■
CHECMST
Page 11 2
CHECKLIST
Page 12 25
Potentially
Potentially
Less tnan
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
X11.
POPULATION AND HOUSING.
Would the project:
a)
Induce substantial population
❑
❑
❑
■
growth in an area, either directly (for
example, by proposing new homes
and businesses) or indirectly (for
example, through extension of
roads or other infrastructure)?
b)
Displace substantial numbers of
❑
❑
❑
■
existing housing, necessitating the
construction of replacement housing
elsewhere?
C)
Displace substantial numbers of
❑
❑ "
❑
■
people, necessitating the
construction of replacement housing
elsewhere?
XIII.
PUBLIC SERVICES Would the
project:
a)
Would the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered government facilities, need
for new or physically altered
government facilities, the
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the following public services:
i) Fire protection?
❑
❑
❑
■
ii) Police protection?
❑
❑
❑
■
iii) Schools?
❑
❑
❑
■
iv) Other public facilities?
❑
❑
❑
■
XIV.
RECREATION
a)
Would the project increase the use
❑
❑
❑
■
of existing neighborhood and
regional parks or other recreational
facilities such that substantial
physical deterioration of the facility
would occur or be accelerated?
CHECKLIST
Page 12 25
b) Does the project include
recreational facilities or require the
construction of or expansion of
recreational facilities which might
have an adverse physical effect on
the environment? opportunities?
XV. TRANSPORTATION/TRAFFIC Would
the project:
a) Cause an increase in traffic which is
substantial in relation to the existing
traffic load and capacity of the street
system (i.e., result in a substantial
increase in either the number of
vehicle trips, the volume to capacity
ratio on roads, or congestion at
intersections)?
b) Exceed either individually or
cumulatively, a level of service
standard established by the county
congestion management agency for
designated roads or highways?
C) Result in a change in air traffic
patterns, including either an
increase in traffic levels or a change
in location that results in substantial
safety risks?
d) Substantially increase hazards due
to a design feature (e.g., sharp
curves or dangerous intersections)
or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency
access?
f) Result in inadequate parking
capacity?
g) Conflict with adopted policies,
plans, or programs supporting
alternative transportation (e.g., bus
turnouts, bicycle racks)?
Potentially
Potentially
Less than No
Significant
Significant
Significant Impact
Impact
Unless
Impact
Mitigation
Incorporated
❑ ❑ ❑ ■
❑ ❑ ❑ ■
❑ ❑ ❑ ■
❑ ❑ ❑ ■
CHECKLIST
Page 13
Potentially Less than No
Significant Significant Impact
Unless Impact
Mitigation
Incorporated
XVI.
UTILITIES & SERVICE SYSTEMS
Would
the project:
a)
Exceed wastewater treatment
❑
❑
❑
■
requirements of the applicable
Regional Water Quality Control
Board?
b)
Require or result in the construction
❑
❑
❑
■
of new water or wastewater
treatment facilities or expansion of
existing facilities, the construction of
which could cause significant
environmental effects?
C)
Require or result in the construction
❑
❑
❑
■
of new storm water drainage
facilities or expansion of existing
facilities, the construction of which
could cause significant
environmental effects?
d)
Have sufficient water supplies
❑
❑
❑
■
available to serve the project from
existing entitlements and resources,
or are new or expanded
entitlements needed?
e)
Result in a determination by the
❑
❑
❑
■
wastewater treatment provider,
which serves or may serve the
project that it has adequate capacity
to serve the project's projected
demand in addition to the provider's
existing commitments?
f)
Be served by a landfill with sufficient
❑
❑
❑
■
permitted capacity to accommodate
the project's solid waste disposal
needs?
g)
Comply with federal, state, and local
❑
❑
❑
■
statutes and regulation related to
solid waste?
CHECKLIST
Page 14 a 1
XVIII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more
effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In
this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,' describe the
mitigation measures, which were incorporated or refined from the earlier document and the extent to which they
address site - specific conditions for the project.
CHECKLIST p
Page 15 o
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
XVII.
MANDATORY FINDINGS OF
SIGNIFICANCE.
a)
Does the project have the potential
❑
❑
❑
■
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self -
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major period of California history or
prehistory?
b)
Does the project have impacts that
❑
❑
❑
■
are individually limited, but
cumulatively considerable?
( "Cumulatively considerable" means
that the incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects, the effects
of other current projects, and the
effects of probable future projects.)
C)
Does the project have
❑
❑
■
❑
environmental effects which will
cause substantial adverse effects
on human beings, either directly or
indirectly?
XVIII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more
effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In
this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,' describe the
mitigation measures, which were incorporated or refined from the earlier document and the extent to which they
address site - specific conditions for the project.
CHECKLIST p
Page 15 o
CHECKLIST EXPLANATION
Aesthetics
Analysis:
a. No Impact.
The Local Coastal Plan/Land Use Plan (LCP /LUP) identifies several "coastal.view areas" in Newport Beach where it is the
City's policy to require development to be sited or designed to maximize protection of coastal views. The project site is not,
however, identified as one of these "coastal view areas." The event will be located within the existing Hyatt Newporter resort
hotel development and involve periodic and temporary improvements that do not adversely affect any scenic vistas. These
activities have occurred for approximately 10 years under the authorization of a Special Events Permit (SEP). While this would
authorize the project components as annual occurrences, the approval of this application regards the temporary and periodic
nature of the event: between June 1"' and October 31 " (same calendar year) for the Jazz Series. The Newport Dunes Resort
separates the hotel facility from the bay.
b. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex, and is shielded from view on all sides, either by
guest room wings or mature landscaping. The nearest scenic state highway is approximately a quarter mile away from the
resort. No scenic resources would be impacted.
C. No Impact.
The concert series takes place where an amphitheatre was built into the center of the resort hotel's complex, and is shielded
from view on all sides, either by guest room wings or mature landscaping. There is no aspect of the event that would result in a
substantial degradation of the visual character or quality of the site and surroundings.
d. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex, and is shielded from view on all sides, either by
guest room wings or mature landscaping. The 3 -level hotel structure is located to the east of the amphitheatre, between it and
the nearest residentially developed property, the Sea Island Apartments. Any light noticeable from off -site is temporary in
nature and will typically end by 10:30 p.m. (after guests exit) for the concert series. The Newport Dunes Resort separates the
hotel facility from the bay.
Mitigation Measures:
No mitigation measures are required. No negative aesthetic impacts are anticipated to occur as there are no scenic views or
vistas impacted by the project or any associated aspect.
II. Agriculture Resources
Analysis:
a. No Impact.
Project implementation will not result in the conversion of any prime or otherwise significant farmland. The project site is a
single parcel of land comprising the existing Hyatt Newporter resort hotel development, originally constructed in 1968. The
Orange County Important Farmland Map designates the entire site as "Urban and Built Up Land." There are no agricultural
uses on site in which to covert. The Jazz Series will take place in the existing amphitheatre on site. Parking will take place
either on -site or for overflow, should it be necessary, across Back Bay Drive at the existing Newport Dunes Resort parking lot.
b. No Impact.
There is one parcel of land comprising the existing Hyatt Newporter resort hotel development, which was originally constructed
in 1968. There are no existing agricultural uses or agricultural land use designations on site. Consistent with the General Plan,
the current Zoning for the property is Retail & Service Commercial (RSC).
CHECKLIST
Page 16 a�
C. No Impact.
In addition to there being no agricultural uses either existing or designated for the project site, no land is to be converted.
Furthermore, the project would not result in the conversion of farmland to a non - agriculture use for any adjacent property. The
proposed event is limited to temporary occurrences with temporary improvements. No permanent, physical conversion to the
existing resort hotel is proposed for the property.
Mitigation Measures:
No mitigation measures are required. No impacts to agricultural soils and/or resources are anticipated as a result of project
implementation.
III. Air Quality
Analysis:
a. No Impact.
The event is temporary in nature and does not conflict with any applicable air quality plan. Furthermore, the temporary use
nature of the project is considered ancillary to the operations of the hotel. Consistent with the General Plan, the current Zoning
for the property is Retail & Service Commercial (RSC). The General Plan has been considered in the preparation of the Air
Quality Management Plan (AQMP) adopted by the South Coast Air Quality Management District (SCAQMD).
There is no stationary source producing pollutants associated with the project. Only vehicles traveling to and from the event
(i.e., mobile sources) produce pollutants and the estimated vehicles generated by the event, for persons not staying at the
hotel, is 250 -450 total vehicles. Furthermore, the Jazz Series typically occurs once a week during the period extending from
June 1" through October 315'. Therefore, the additional trips to the site are not considered significant (i.e. weekly as opposed to
daily occurrences) and have been considered as ancillary to the normal operations of the hotel.
b. No Impact.
The project would not violate any existing air quality standard nor contribute to an existing or projected air quality violation. The
temporary uses associated with the project are considered ancillary to the operations of the resort hotel. Consistent with the
General Plan, the current Zoning for the property is Retail & Service Commercial (RSC). The Jazz Series typically occurs once
a week during the period extending from June 1" through October 315'. Therefore, the additional trips to the site are not
considered significant (i.e. weekly as opposed to daily occurrences) and have been considered as ancillary to the normal
operations of the hotel.
C, No Impact.
Project implementation will not result in significant air quality impacts. The concert series would continue to occur within an
existing and fully developed resort hotel facility. The Jazz Series typically occurs once a week during the period extending from
June 15' through October 31 ". Therefore, the additional trips to the site are not considered significant (i.e. weekly as opposed to
daily occurrences) and have been considered as ancillary to the normal operations of the hotel. The net increase in vehicular
trips will not contribute significantly to the pollutant burden, either locally or in the South Coast Basin.
d. No Impact.
The nearest sensitive receptors would be those individuals residing in the Sea Island Apartments across Jamboree Road. The
event would continue to occur within an existing and fully developed resort hotel facility. The Jazz Series typically occurs once
a week during the period extending from June 1" through October 3131. Therefore, the additional trips to the site are not
considered significant (i.e. weekly as opposed to daily occurrences) and have been considered and included in the normal
operations of the hotel. The net increase in vehicular trips will not contribute significantly to the pollutant burden locally thereby
avoiding significant impacts to sensitive receptors.
e. No Impact.
Objectionable odors are not currently a problem for the project site or surrounding environment. Approval of the project would
not result in the creation of objectionable odors. There are no demolition or construction activities associated with the project,
only temporary improvements.
Mitigation Measures:
No mitigation measures are required. No significant air quality impacts are anticipated as a result of project implementation.
CHECKLIST
Page 17 3�
IV. Biological Resources
Analysis:
a. No Impact
The project site is located within the existing Hyatt Newporter resort hotel development. The entire site is developed for the
resort and ancillary uses, including on -site parking areas. No candidate, sensitive, or special status species of flora or fauna are
known to exist within the proposed limits of the site, which has been somewhat altered from its former natural state. Although
the property is located within the City's coastal zone, the project occurs temporarily on an annual basis and Is not directly
affected by any regional plans or policies of other resource agencies. Previously these temporary activities have occurred for
approximately 10 years under the authorization of a Special Events Permit (SEP). Project implementation will not result in any
significant impacts to sensitive biological resources.
b. No Impact.
The project would not have a substantial adverse affect of any riparian habitat or other sensitive natural community as identified
by the recognized State or Federal Agency. If approved, the event would continue to occur within an existing and fully
developed resort hotel facility. The Jazz Series takes place where an amphitheatre was built into the center of the resort hotel's
complex and typically occurs once a week during the period extending from June 181 through October 3161. The event site is
located away from the area to the north designated as environmentally sensitive by the Recreation and Open Space Element of
the General Plan.
C. No Impact
No portion of the project contains federally protected wetlands as defined by Section 404 of the Clean Water Act. Additionally,
no marshes, vernal pools, or other wetlands defined by either the U. S. Army Corp. of Engineers or the California Department of
Fish and Game are located within the project site's limits, which is completely developed. As a result, no impacts will occur.
d. No Impact.
Although the property is located within the coastal zone, the event locations are completely developed. The concert series
takes place where an amphitheatre was built into the center of the resort hotel's complex. No portion of the property could be
used by migratory fish. In the portions of the resort hotel site where native habitat has been retained, no physical alterations to
the habitat have been proposed. The project will not impede the use of native wildlife nursery sites. The event is temporary in
nature and would occur on a recurring basis annually.
e. No Impact.
Project implementation would not conflict with any local policies or ordinances that protect biological resources. The event
would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place where an
amphitheatre was built into the center of the resort hotel's complex. All improvements associated with the event are temporary
in nature and do not result in physical modifications to the site or surrounding properties.
f. No Impact
The locations for the proposed project are within an existing and fully developed resort hotel facility. The property does not
support any coastal sage scrub or other sensitive habitat and species that are protected by an adopted Habitat Conservation
Plan, Natural Community Conservation Plan or other local, regional, or State resource preservation and conservation policies.
No impacts are anticipated to occur as a result of project implementation.
Mitigation Measures:
No mitigation measures are required. No significant biological impacts are anticipated as a result of project implementation.
V. Cultural Resources
Analysis:
a. No Impact.
The Hyatt Newporter is not designated as a historical structure or resource. As such, continuing the activities associated with
project implementation will not affect any historical resource in the City of Newport Beach. Because the proposed project is
consistent with the General Plan, no changes to the existing land use policies related to historical structures are anticipated.
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b. No Impact
The subject property contains an existing and fully developed resort hotel facility, originally constructed in 1988. Any near-
surface archeological sites would have been destroyed by past grading activities. No new excavation or other subterranean
physical improvements are associated with the proposed project. The concert series takes place where an amphitheatre was
built into the center of the resort hotel's complex. Parking and restroom facilities already exist.
C. No Impact.
Project implementation will not result in the destruction of a unique paleontological resource or unique geological resource. The
project would continue to occur within an existing and fully developed resort hotel facility where only temporary improvements
are needed.
d. No Impact.
There are no known ethnic cultural values attributable to the parcel of land where the resort hotel facility is currently located.
None of the existing structures are designated as "historical." Furthermore, no new excavation or other subterranean physical
improvements are associated with the proposed project. Any such remains would have been discovered with the original
development of the resort.
Mitigation Measures:
No mitigation measures are required. No significant impacts to cultural resources are anticipated as a result of project
implementation.
VI. Geology and Soils
Analysis:
a(kiv). Less than Significant Impact.
The project sites are located within the existing Hyatt Newporter resort hotel development and involve periodic and temporary
improvements that do not require physical modification of the site itself. The site itself is located within an area of moderate risk
for potential seismic hazards. While the Newport Beach area is noted for certain seismic activities, the project will not increase
the chance of this hazard occurring more than already exists. The Jazz Series takes place outside, rather than within an
enclosed structure and these activities have occurred for approximately 10 years under the authorization of a Special Events
Permit (SEP). The General Plan lists the site as having slopes of greater than 25 %, which are also potentially unstable, but the
area where the event occurs is not part of these slopes.
b. No Impact.
The project would continue to occur at the same location as has been previously use which is within an existing and fully
developed resort hotel facility. No soil erosion or loss of topsoil is anticipated to occur as a result of project implementation.
C. Less than Significant Impact.
The General Plan lists the site as having slopes of greater than 25 %, which are also potentially unstable, but the on -site area
where the event occurs is not part of these slopes. Since these activities have occurred for approximately 10 years under the
authorization of a Special Events Permit (SEP), the risk of any potential landslide, lateral spreading, liquefaction, or collapse is
minimal. Certainly within this time frame, any unstable conditions resulting from the project would have become evident by now.
d. Less than Significant Impact.
A portion of the subject property is listed in the General Plan as having "Moderate to Highly Expansive Soils Possible" and
another portion as "Moderate to Highly Expansive Soils Unlikely." If approved, the project is not anticipated to cause substantial
risk to life or property. Since these activities have occurred without soil impacts for approximately 10 years under the
authorization of a Special Events Permit (SEP), any potential risk to property or life is less than significant.
e. No Impact.
The proposed project is located in an area of the City that is served by a system of sanitary sewers. Septic tanks and/or
alternative waste disposal systems will not be used.
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Mitigation Measures:
No mitigation measures are required. No significant impacts to the site's Geology or Soils are anticipated as a result of project
implementation. All improvements associated with the project are made at or above grade and are temporary in nature.
VII. Hazards and Hazardous Materials
Analysis:
a. No Impact.
The project will not use hazardous materials in conjunction with the proposed project. All improvements associated with the
project are made at or above grade (i.e., tent, tables & chairs, lighting, etc.) and are temporary in nature. Therefore, there will
be no transport, use, or disposal of hazardous materials. No hazard to the public or environment is reasonably anticipated to
result from approval of the project.
b. No Impact.
Project implementation would continue to occur within an existing and fully developed resort hotel facility. Since there will be no
transport, use, or disposal of hazardous materials, no reasonably foreseeable upset or accidental conditions would occur. Nor
should any hazardous materials be released into the environment. No hazard to the public or environment is reasonably
anticipated to result from approval of the project.
C. No Impact.
The project is not located within a quarter mile of any existing or proposed school. Furthermore, no hazardous emissions would
result from the project, as the event would continue to occur within an existing and fully developed resort hotel facility. The
concert series takes place where an amphitheatre was built into the center of the resort hotel's complex. No hazard to the
public or environment is reasonably anticipated to result from approval of the project.
d. No Impact.
The project is not located on a site listed with State for hazardous materials. Since there will be no transport, use, or disposal of
hazardous materials, no reasonably foreseeable upset or accidental conditions would occur. No hazard to the public or
environment is reasonably anticipated to result from approval of the project.
e. No Impact.
The project is not located within any area covered by an airport land use plan. Furthermore, the resort hotel property is located
beyond a two -mile radius of the nearest airport, John Wayne Airport. The project's implementation would not result in any
airport related safety hazard.
No Impact.
The project is not located within the vicinity of any private airstrip. The project's implementation would not result in any airstrip
related safety hazard.
g. No Impact.
The adopted City of Newport Beach Emergency Operations Plan was prepared in accordance with Federal, State, and County
guidelines in attempts to provide for any potential community needs including, but not limited to, saving lives and protecting
property. The operations of the existing resort hotel, and any ancillary uses such as those proposed by the project, must
comply with all applicable safety regulations. Additionally, none of the evacuation routes identified in the City's Public Safety
Element will be adversely affected by the approval of the project.
h. No Impact.
Even though the resort hotel property is rife with vegetation, no significant risk of loss of fife, injury, or loss or property is
reasonable anticipated by implementation of the project. The project would continue to occur within an existing and fully
developed resort hotel facility. The concert series takes place where an amphitheatre was built into the center of the resort
hotel's complex. The operations of the existing resort hotel, and any ancillary uses such as those proposed by the project, must
comply with all applicable safety regulations. No such risk of loss, injury, or death to persons or structures has occurred during
the event's previous approvals.
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Mitigation Measures:
As long as all applicable safety regulations are adhered to, no mitigation measures are required. No significant impacts to the
site's stability and /or safety are anticipated as a result of project implementation.
Vlll. Hydrology and Water Quality
Analysis:
a. No Impact.
Project implementation would not result in the violation of any wastewater quality standards or waste discharge requirements.
The project is located within the existing Hyatt Newporter Resort Hotel development and involves periodic and temporary
improvements that do not adversely affect any wastewater quality standards or waste discharge requirements. Restrooms
already exist in the main hotel buildings and guest rooms. Additionally, the proposed project is located in an area of the City
that is served by a system of sanitary sewers. Septic tanks and/or alternative waste disposal systems will not be used. Finally,
surface runoff for the site will not be altered as a result of the project since no new, permanent modifications to the site will
occur.
b. No Impact
Given the proximity of the site in relation to the bay, it is located in an area that is utilized by the City for some groundwater
recharge. As previously indicated, the project site is within an existing and fully developed resort hotel facility. The project
would not interfere with groundwater recharge and not result in a lowering of the groundwater table nor affect the production
rate for pre- existing wells.
C. No Impact
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. Neither event causes existing drainage methods
to be altered. Furthermore, with the history of the event in place, the project is not anticipated to result in the substantial erosion
or siltation on or off -site.
d. No Impact
Project implementation would substantially alter or increase the rate of surface runoff to the extent that flooding results. The
project would continue to take place within an existing and fully developed resort hotel facility in the areas previously noted.
e. No Impact.
The project would not create or contribute runoff water that exceeds the capacity of the existing drainage system. The event
would continue to occur within an existing and fully developed resort hotel facility. Since these activities have occurred for
approximately 10 years under the authorization of a Special Events Permit (SEP), any potential risk of providing an additional
source of polluted runoff is less than significant.
f. No Impact
It is not reasonable anticipated that the project would result in a substantial degradation of water quality within the City. Since
these activities have occurred for approximately 10 years under the authorization of a Special Events Permit (SEP), any
potential risk to existing water quality would have been identified by now.
g. No Impact.
The project does not involve new construction of any kind, let alone residential construction. Only temporary improvements are
associated with the project. Therefore, the Flood Insurance Rate Map designation or other flood - related map delineation or
designation would remain unaffected.
h. No Impact.
The project does not involve new construction of any kind, let alone residential construction. Only temporary improvements are
associated with the project, in which to not alter or impede flood flows.
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No Impact
The project would continue to occur within an existing and fully developed resort hotel facility. The Jazz series takes place
where an amphitheatre was built into the center of the resort hotel's complex. The operations of the existing resort hotel, and
any ancillary uses such as those proposed by the project, must comply with all applicable safety regulations. As long as this
occurs, flooding dangers will be minimized.
j. No Impact.
The project is located away from the coastline and ocean, so it is not likely to be inundated by seiches, tsunami or mudflow.
The project takes place within the confines of the resort hotel's complex, including parking areas. No Impacts are anticipated to
occur as a result of project approval.
Mitigation Measures:
As long as all applicable safety regulations are adhered to, no mitigation measures are required. No significant impacts to the
hydrology or water quality affecting the site are anticipated as a result of project implementation.
IX. Land Use and Planning
Analysis:
a. No Impact.
The project sites are located within the existing Hyatt Newporter Resort Hotel development and involve periodic and temporary
improvements that do not divide an established community. These activities have previously occurred for approximately 10
years under the authorization of a Special Events Permit (SEP).
b. Less than Significant Impact
No conflict with any applicable land use plan, local coastal plan land use plan, or policy would occur as a result of the project.
The property's land use designation and zoning are identified as Retail & Service Commercial (RSC). The project includes a
temporary use that has been previously deemed to be compatible and ancillary to the operations of a resort hotel property. A
potential violation of the City's regulations regarding "clearly audible noise" (a qualitative judgment) from the surrounding
community could occur as indicated by the report prepared by the acoustical consulting firm, Wieland Associates. However,
the noise would not be above the ambient levels surrounding the property based upon noise level monitoring for the Jazz
Series in 2000. The report indicated that approval of the project would not violate the City's Noise Ordinance when utilizing the
ambient noise level. However, the project will always be somewhat audible from off -site. Commencing with the 2001 Jazz
Series, the applicant has employed all of the measures recommended by the acoustical consulting firm, Wieland Associates.
The measures included: modifications to the sound system (as recommended by the acoustical consultant), employment of
sound baffles and panels, predetermined contractual arrangements with performing artists or groups that specify acceptable
sound levels, sound checks prior to the start of an event, and on -site monitoring during the event. By requiring the continued
implementation of these measures through the conditions of approval, it is anticipated that the project's impacts will remain
reduced to a level of that is less than significant.
C. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The Jazz Series takes place
where an amphitheatre was built into the center of the resort hotel's complex. There is no conflict with any applicable habitat or
natural community conservation plan.
Mitigation Measures:
No mitigation required. The applicant has employed the acoustical consultant's recommended measures which include, but are
not limited to, modifications to the sound system (as recommended by the acoustical consultant), employment of sound baffles
and panels, predetermined contractual arrangements with performing artists or groups that specify acceptable sound levels,
sound checks prior to the start of an event, and on -site monitoring during the event. The City will require that these measures
continue to be employed through the project's conditions of approval.
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X. Mineral Resources
Analysis:
a. No Impact
The project sites are located within the existing Hyatt Newporter Resort Hotel development and involve periodic and temporary
improvements that do not adversely affect any mineral resources. These activities have occurred for approximately 10 years
under the authorization of a Special Events Permit (SEP) and the only associated improvements are at or above existing grade.
While this would authorize the project components as annual occurrences, the approval of this application regards the annual,
temporary nature of the event. No excavation or grading activities are associated with the project.
b. No Impact
Project implementation would not result in the loss of availability of a locally important mineral resource identified on any
adopted or recognized plan. The project would continue to occur within an existing and fully developed resort hotel facility. The
concert series takes place where an amphitheatre was built into the center of the resort hotel's complex. No excavation or
grading activities are associated with the project.
C. No Impact.
No people or housing would be displaced as a result of project implementation. The project would continue to occur within an
existing and fully developed resort hotel facility. The concert series takes place where an amphitheatre was built into the center
of the resort hotel's complex.
Mitigation Measures:
No mitigation measures are required. No significant impacts to the site's mineral resources are anticipated as a result of project
implementation.
XI. Noise
Analysis:
a. Less than Significant Impact
The project site is located within the existing Hyatt Newporter Resort Hotel development and involves a concert series as well
as some minor temporary improvements that do not expose people to excessive noise levels. These activities have occurred
for approximately 10 years under the authorization of a Special Events Permit (SEP). While this would authorize the project as
an annual entitlement, the approval of this application regards the annual, temporary nature of the event. The concert series
typically occurs between 7:00 p.m. and 10:00 p.m.
The applicant submitted a report by Wieland Associates that assesses the Noise Levels generated by the Jazz Series. The
report concluded that the activities do not exceed the City's quantitative noise standards but would exceed the audibility
standards and may be, in certain instances, perceived as loud and unreasonable noise. In no instance was an event's
measured noise level found to exceed the existing ambient noise level in the vicinity of the project. The report suggests several
mitigation measures designed to reduce or eliminate the audibility of the event from the surrounding residential areas as well as
any other off -site property. Furthermore, the report states that even after instituting the recommended measures, the audibility
of this event will not be completely eliminated. This has to do with varying factors such as crowd noise, noise from instruments
for which amplification is not provided, and local climate conditions among others.
b. No Impact
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. No construction is associated with the project.
The project does not typically employ the percussion- oriented music that usually results in the generation of excessive ground
borne vibrations or noise levels. The concerts provide a series of Jazz artists. With the continued implementation of the 10:00
p.m. time deadlines for the concert series and the recommended sound amplification equipment modifications, disturbing the
peace thresholds will be avoided. Excessive ground borne noise levels and vibrations are not anticipated to be an impact.
Continued employment of the recommended measures to mitigate excessive sound levels will ensure that any potential impacts
resulting from the event will be mitigated. These measures will be required within the conditions of project approval.
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Page 23 �j O
C. No Impact
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. Noise levels were monitored for three separate
concert events during the course of 2000. The resulting measurement indicated that ambient noise levels were not permanently
increased in a substantial manner. The events have a limited nighttime duration with the concerts to conclude no later than
10:00p.m. Ambient noise levels from the surrounding circulation system were measured as exceeding the concert noise levels.
d. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex.
The applicant submitted a report by Wieland Associates that assesses the Noise Levels generated by the temporary event. The
report concluded that the activities do not exceed the City's quantitative noise standards but would exceed the audibility
standards and may be, in certain instances, perceived as loud and unreasonable noise. The report suggests several mitigation
measures designed to reduce or eliminate the audibility of the event from the surrounding residential areas as well as any other
off -site property. Furthermore, the report states that even after instituting the recommended measures, the audibility of this
event will not be completely eliminated. This has to do with varying factors such as crowd noise, noise from instruments for
which amplification is not provided, and local climate conditions among others.
Continued employment of the recommended measures to mitigate excessive sound levels will ensure that any potential impacts
resulting from the event will be mitigated. These measures will be required within the conditions of project approval.
e. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. The nearest airport, John Wayne Airport, is more
than two miles away.
f. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. There are no private airstrips in the immediate
vicinity of the project site.
Mitigation Measures:
The mitigation measures recommended by the consultant, and already implemented during the 2001 Jazz Series will be
required through the conditions of project approval under the facility's Use Permit. Due to their implementation, no formal or
official complaints regarding noise were received from neighboring property owners, residents, business owners, or the general
public. Additionally, the continued employment of the recommended measures to minimize excessive sound levels will ensure
that any potential noise impacts resulting from the event will be kept at a level that, while periodically audible, has a less than
significant impact. It is an important point to remember that some of the noise emanates from unamplified music or even crowd
noise in response to the performances.
These measures include the following:
1. Jazz Series Sound System:
a. Maintenance of the existing sound system, half the size of the previous system, with 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;
d. Installation of sound baffles and panels on and behind stage to minimize unwanted amplification.
2. Sound level monitoring:
a. Purchase of 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
all events for the first year after approval. This will ensure adherence to City standards and consistency
between events;
G. Provide an on -site contact for responding to City Employees including Code Enforcement, Police
Department, as well as any resulting community complainants.
3. Time Restrictions:
a. A 10:00 p.m. deadline for the sound system to be turned off for the concert series.
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XII. Population and Housing
Analysis:
a. No Impact.
The project site is located within the existing Hyatt Newporter Resort Hotel development and involves annual, temporary
improvements that do not induce permanent population growth either directly or indirectly. No new housing, infrastructure or
roads are associated with the project.
b. No Impact.
The project would occur within an existing and fully developed resort hotel facility. The concert series takes place where an
amphitheatre was built into the center of the resort hotel's complex. No housing will be demolished, displaced, or removed.
Therefore, no replacement housing is necessary.
C. No Impact
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. No housing will be demolished, displaced, or
removed. Additionally, no people would be displaced as a result of project implementation. Therefore no replacement housing
is necessary.
Mitigation Measures:
No mitigation measures are required. No significant impacts to the City population or housing stock will result from project
implementation.
XIII. Public Services
Analysis
a(!-iv). No Impact
The project site is located within the existing Hyatt Newporter Resort Hotel development and involves an annual, temporary
concert series. These activities have occurred for approximately 10 years under the authorization of a Special Events Permit
(SEP). Special events are commonplace as ancillary to resort hotel activities.
Both a Police and Fire Station are within a mile of the project site. Neither of these Departments has indicated a need for
additional facilities as a result of past events. The project must adhere to all applicable safety regulations. Schools are not
impacted by the proposed project. The existing traffic and sewer improvements are sufficient to support the project.
Mitigation Measures:
No mitigation measures are required. As long as all applicable safety regulations are adhered to, project implementation would
not result in a need for altered or additional public services.
XIV. Recreation
Analysis:
a. No Impact
The project site is located within the existing Hyatt Newporter Resort Hotel development and involves periodic and temporary
improvements. These activities have occurred for approximately 10 years under the authorization of a Special Events Permit
(SEP) and primarily attract City and County residents (i.e., guests of the hotel are estimated to be 10% of the total audience).
Adequate recreational facilities have already been provided by the respective resort hotel property and the City of Newport
Beach. Project implementation is not anticipated to result in an increase of the use of existing neighborhood or regional parks
or other recreational facilities.
b. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. Parking and restrooms already exist.
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Mitigation Measures:
No mitigation measures are required. As previously stated, the project involves temporary activities that do not involve
additional housing stock or generate an increase to the City's permanent population. Approval of the project would not result in
a need for additional recreational facilities.
XV. Transportation/Traffic
Analysis:
a. No. impact.
The project sites are located within the existing Hyatt Newporter Resort Hotel development and involve annual, temporary
events that cause intermittent increases in traffic, which are not deemed significant in relation to the existing traffic levels or
capacity of the circulation system in the immediate and surrounding areas. These activities have occurred for approximately 10
years under the authorization of a Special Events Permit (SEP) which provided for directional signage, on -site parking
attendants, and valet parking services to assist with the typical heavy arrival and departure times for the events. While this
application would authorize the project as an annual occurrence, the approval of this application regards the temporary nature
of the event wherein these traffic control measures will still be required to help with the efficient routing of traffic.
b. No Impact.
For an extremely limited time period, approximately and hour before and after each event, the project may exceed a level of
service standard established by the County congestion management agency. However, any exceedance experienced has been
determined to be less than significant and not a permanent, detrimental impact to Levels of service for any affected
intersection. These activities have occurred for approximately 10 years under the authorization of a Special Events Permit
(SEP) which provided for directional signage, on -site parking attendants, and valet parking services to assist with the typical
heavy arrival and departure times for the events. While this application would authorize the project as an annual occurrence,
the approval of this application regards the temporary nature of the event wherein these traffic control measures will still be
required to help with the efficient routing of traffic.
G. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility and not involve an air traffic
patterns. The project site is outside of a two-mile radius from the nearest airport (John Wayne Airport). The concert series takes
place where an amphitheatre was built into the center of the resort hotel's complex.
d. No Impact.
Project implementation does not involve any alteration to a transportation or traffic design feature. The project would continue
to occur within an existing and fully developed resort hotel facility. The concert series takes place where an amphitheatre was
built into the center of the resort hotel's complex. No transportation or traffic related hazards would result from incompatibility of
uses.
e. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. All existing fire access routes are deemed
adequate, are not proposed to be altered, and will continue to be employed during the operation of either of the event facilities.
No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. There are two defined parking
areas the upper and lower parking lots. When the Holiday Pavilion tent is located in the lower (rear) parking lot, towards Back
Bay Drive, it reduces on site parking by approximately 90 spaces. However, the time period when the Holiday Pavilion is
typically erected occurs during the off - season for tourism when guest booking are approximately 60% of total capacity. The
Newport Dunes Resort provides overflow parking for events when the parking demand is known to exceed capacity.
g. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility and would not conflict with any
adopted policies or plans supporting alternative transportation. Bus service and bike lanes are available at the resort, and in
some rare instances, boats have been used to access the property. The Hyatt Newporter as an employer is also require to
provide its employees alternatives: carpoollrideshare, bus service, etc.
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Mitigation Measures:
No mitigation measures are required. Adequate measures have been incorporated into the design of the project to preclude
any impacts to the surrounding transportation system or existing traffic levels and patterns.
XVI. Utilities & Service Systems
Analysis:
a. No Impact
The project sites are located within the existing Hyatt Newporter Resort Hotel development and involve annual, temporary
improvements that do not adversely affect regional wastewater treatment requirements. Wastewater at the resort hotel will
continue to be discharged in the same manner and the concert series will not generate a significant increase in the total amount
discharged.
b. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility and involves annual, temporary
improvements that do not adversely affect regional wastewater treatment capacities. The raw sewage generated by the
proposed project will not exceed wastewater treatment requirements established by the Santa Ana Regional Water Quality
Control Board (SARWCB).
c. No Impact.
Project implementation would not necessitate the need for new or expansion of existing storm water drainage facilities. The
project would continue to occur within an existing and fully developed resort hotel facility as temporary, nighttime occurrences.
d. No Impact.
The project would continue to occur within an existing and fully developed resort hotel facility where more than adequate water
supplies are available to serve employees, guests and visitors. The use authorized by the project is consistent with the City's
General Plan and will not create permanent increased demands for water that exceed the parameters upon which the water
supply and distribution is based.
e. No Impact.
Approval of the project would authorize periodic and temporary improvements that do not adversely affect regional wastewater
treatment capacities. The events themselves are temporary, nighttime occurrences. The concert series has been deemed as
an ancillary use to the normal operations of the resort hotel.
f. No Impact
The project would continue to occur within an existing and fully developed resort hotel facility which has adequate waste
storage and hauling capabilities. The Orange County Sanitation District (OCSD) has adequate capacity at the existing
treatment facilities to proved sanitary treatment to waste generated by the project. The OCSD plants are currently operating
under capacity and can accommodate relatively small incremental increases in waste treatment such as would result from the
project. Additionally, the City is required to comply with AB 939, which sets forth diversion or recycling requirements for each of
the State's jurisdictions, of which includes community outreach and education programs for larger commercial customers.
g. No Impact.
As stated above, the City is required to comply with AB 939, which requires the reduction of solid waste by 50 %. The current
practices of the hotel have taken events like these into consideration when handling on -site waste and recycling. The City
continues its attempts to meet the 50% reduction requirement.
Mitigation Measures:
No mitigation measures are required.
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XVII. Mandatory Findings of Significance
Analysis:
a. No Impact
The project site is located within the existing Hyatt Newporter Resort Hotel development and involves annual, temporary
improvements that do not adversely affect any scenic vistas. These activities have occurred for approximately 10 years under
the authorization of a Special Events Permit (SEP). While this would authorize the project components as annual occurrences,
the approval of this application regards the temporary and periodic nature of the event. No mitigation measures are required for
the project. The project does not involve any activities that would otherwise degrade the environment, such as the elimination
or reduction of a habitat, species of fish, animal or plant. No grading or permanent construction activities are associated with
the project. Furthermore, no historical or cultural resources are known to exist on the project site.
b. No Impact
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. Parking and restrooms already exist on -site.
While the project's impacts are individually limited and sporadic in nature, they may contribute to long term traffic impacts
associated with build out of the community. The project's relative influence on these impacts is limited.
c. Less than Significant Impact.
The project would continue to occur within an existing and fully developed resort hotel facility. The concert series takes place
where an amphitheatre was built into the center of the resort hotel's complex. While some degree of audibility for the concert
series is anticipated, it will not be noticeable above the ambient noise levels surrounding the property.
SOURCE LIST
The following enumerated documents are available at the offices of the City of Newport Beach, Planning
Department, 3300 Newport Boulevard, Newport Beach, California 92660.
1. Final Program EIR — City of Newport Beach General Plan
2. General Plan, including all its elements, City of Newport Beach.
3. Title 20, Zoning Code of the Newport Beach Municipal Code.
4. Chapters 10.26, Community Noise Control Ordinance; 10.28, Loud and Unreasonable Noise Ordinance;
and 10.32, Sound - Amplifying Equipment of the Newport Beach Municipal Code.
5. South Coast Air Quality Management District, Air Quality Management Plan EIR, 1997.
CHECKLIST
Page 28 41
Exhibit No. 2
Resolution with Findings and Conditions of Approval
�3
RESOLUTION NO.
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- 132 -41, 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't 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:
1. 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.
45
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.
U16
PASSED, APPROVED AND ADOPTED THIS 18`h DAY OF APRIL, 2002.
I
I�
Larry Tucker, Chairman
Earl McDaniel, Secretary
AYES:
NOES:
11
EXHIBIT "A"
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 1" through October 31st, between the
hours of 7:OOpm 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 fast 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), shall be approved 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.
5. 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
U�
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) purchase of 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 all events for the first year after
approval and/or other events upon direction of the City;
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 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.
q9
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.
5'0
Exhibit No. 3
Applicable Noise Regulations from the Municipal Code
Fla,
Chapter 10.28 LOUD AND UNREASONABLE NOISE
10.28.010 Loud and Unreasonable Noise.
It is unlawful for any person or property owner to willfully make, allow, continue or cause to be made,
allowed, or continued, any loud and unreasonable, unnecessary, or disturbing noise, including, but not
limited to, yelling, shouting, hooting, whistling, singing, playing music, or playing a musical instrument,
which disturbs the peace, comfort, quiet or repose of any area or which causes discomfort or annoyance
to any reasonable person of normal sensitivities in the area, after a peace or code enforcement officer
has first requested that the person or property owner cease and desist from making or continuing, or
causing to make or continue, such loud, unreasonable, unnecessary, excessive or disturbing noise.
The factors, standards, and conditions which should be considered in determining whether a violation of
the provisions of this section has been committed, including, but are not limited to, the following:
A. The level of the noise;
B. Whether the nature of the noise is usual or unusual;
C. Whether the origin of the noise is natural or unnatural;
D. The level and intensity of the background (ambient) noise, if any;
E. The proximity of the noise to residential or commercial sleeping areas;
F. The nature and zoning of the area within which the noise emanates;
G. The density of inhabitation of the area within which the noise emanates;
H. The time of day and night the noise occurs;
I. The duration of the noise;
J. Whether the noise is constant, or recurrent or intermittent; and
K. Whether the noise is produced by a commercial or noncommercial activity;
L. If the noise is produced by a commercial activity, whether the use is lawful under the provisions of Title
20 of this Code and whether the noise is one that could reasonably be expected from the commercial
activity.
M. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor, unless the
violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. (Ord.
2001 -4 § 3 (part), 2001: Ord. 95 -38 § 3 (part), 1995)
10.28.020 Loud and Raucous Noise from Sound- Making or Amplifying Devices
Prohibited.
A. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or
raucous noise from any sound - making or sound - amplifying device in his possession or under his control:
1. Upon any private property; or
2. Upon any public street, alley, sidewalk or thoroughfare; or
L,3
3. In or upon any public park, beach or other public place or property.
B. The words "loud and raucous noise," as used herein, shall mean any sound or any recording thereof
when amplified or increased by any electrical, mechanical or other device to such volume, intensity or
carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any
one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the
comfort, repose, health, or safety of other persons within or upon any one or more such places or areas.
C. The word "unreasonably," as used herein, shall include, but not be limited to, consideration of the
hour, place, nature and circumstances of the emission or transmission of any such loud and raucous
noise.
D. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the
violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. (Ord. 2001-
4 § 3 (part), 2001: Ord. 95 -38 § 3 (part), 1995)
Chapter 10.32 SOUND - AMPLIFYING EQUIP
10.32.060 Regulations for Use.
The use of sound - amplifying equipment and sound trucks in the City shall be subject to the following
regulations:
A. The only sounds permitted are music and human speech.
B. Sound shall not be emitted within one hundred (100) yards of hospitals, churches, and the City Hall.
C. The human speech and music amplified shall not be profane, lewd or slanderous.
D. The volume of sound shall be controlled so that it will not be audible for a distance in excess of one
hundred (100) feet from the sound - amplifying equipment or sound truck, and so that the volume is not
unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of allowed
audibility.
E. The sound amplifying equipment or sound truck shall not be used between the hours of eight p.m. and
eight a.m. (Ord. 95 -38 § 4 (part), 1995)
61
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February 27, 2001 Project File 195 -00
Ms. Susan Santiago
Hyatt Newporter Hotel
1107 Jamboree Road
Newport Beach, CA 92660
Subject: Evaluation of Noise Levels Generated by Events at the
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Summer Jazz Series and at the Pavilion
�< Dear Ms. Santiago,
At the request of the City of Newport Beach, the Hyatt Newporter Hotel has
applied for a use permit to address both its Summer Jazz Series and Pavilion
events. As part of the permit process, the City has requested that an acoustical
r� study be provided. This report has been prepared in response to the City's
request. Accordingly, the following sections will discuss the applicable noise
i standards, provide a description of the Jazz Series and Pavilion events, and
provide our findings and recommendations.
Summary of Findings
Based on the results of our study it is concluded that the Summer Jazz Series
and Pavilion events at the Hyatt Newporter do not exceed the City's
quantitative noise standards, but exceed the City's audibility standards on a
regular basis. It is not considered feasible or practical to achieve full
compliance with the City's audibility standard. Although the noise levels
generated by these events can be reduced significantly, it is concluded that the
steps necessary to achieve these reductions would have a detrimental impact
on the Summer Jazz Series and the Pavilion. Therefore, it has been
recommended that the City and the Hyatt consider a compromise approach.
This approach will require that the Hyatt implement changes to its sound
system and take a proactive stance with regard to addressing community
concerns. A sound level standard will also be established for the events. The
onus for compliance with the standards will be placed on the performing
artists or DJs using the facilities, with financial penalties assessed by the Hyatt
for each violation. It is likely that with these mitigation measures in place, the
community will experience music levels that are about 10 dB less than those
currently being experienced, which is generally perceived as being half as
Wieland Associates
loud.
Ae0n5kcal Cnnsulimus
23276 Somh Pointe Driv,
Finally, and perhaps most importantly, there must be an understanding that the
Suite 114
Laguna Hills, CA 92653
noise impacts cannot be completely eliminated. Cooperation between the City,
Tel: 949/829.6722
the Hyatt Newporter, and the homeowners is essential in order to minimize
Y
Far: 9491829 -6670
annoyance.
DLwieland@aoi.com
www.wielandaseoc.con:
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HYA11 Nt WYUKItK HUICL
Project File 195 -00
City of Newport Beach Noise Standards
With respect to controlling noise intrusion from the Jazz Series and the Pavilion events,
the City of Newport Beach has two sets of standards: Chapter 10.26 "Community Noise
Control", and Chapter 10.32 "Sound - Amplifying Equipment. " Each is briefly discussed in
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the following sections.
s
Chapter 10.26
The City's noise ordinance standards (Chapter 10.26) state that the allowable average
exterior noise level experienced in a residential area as a result of activities at the Hyatt
Newporter shall not exceed 55 dB(A) for any 15- minute period during the daytime hours
of 7:00 a.m. to 10:00 p.m. During the nighttime hours of 10:00 p.m. to 7:00 a.m. the
standard is 50 dB(A). The maximum instantaneous noise level that is permitted is 75
dB(A) during the daytime or 70 dB(A) during the nighttime. If the ambient noise level
exceeds these standards, then the ambient shall be the standard.
Chanter 10.32
With regard to the use of sound- amplifying equipment, Section 10.32.060, Paragraph D
states that "The volume of sound shall be controlled so that it will not be audible for a
distance in excess of one hundred (100) feet from the sound - amplifying equipment or
sound truck and so that the volume is not unreasonably loud, raucous, jarring,
disturbing or a nuisance to persons within the range of allowed audibility. "It should be
noted that the Chapter 10.32 standards are qualitative, or subjective, in nature. That is,
there is no quantifiable limit on the amount of noise that can be generated by the
equipment, only that it can't be heard more than 100' from the equipment.
Hyatt Newporter Events
J
The Hyatt Newporter Hotel provides two types of events that are of concern in this study.
`
These are the Summer Jazz Series and the Pavilion events. Each is described in the
following sections.
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Summer Jazz Series
The Summer Jazz Series occurs annually between June and October, and takes place in
the Hyatt's outdoor amphitheater. The concerts associated with this series occur every
Friday night between approximately 7:30 p.m. and 10:00 p.m. Typical audience sizes
number around 600 people. Prior to each concert, a consultant hired by the Hyatt sets up
the sound system used at the event. Each performing artist provides his or her own
instruments, amplifiers and DJ, who operates the mixer board. The sound system
.—�
consultant is responsible for providing the mixer board and the loudspeakers used at the
,)
amphitheater. During the events we observed, there were two large loudspeakers on
• 4
either side of the stage, with two smaller speakers positioned over the stage and oriented
slightly downward towards the audience.
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Pmjcct File 195.00
Some of the musical instruments used at the Jazz Series are unamplified (e.g., drums and
pianos). The Hyatt's sound system consultant therefore has no direct control over the
noise levels generated by these instruments. The output signals from the amplified
instruments are fed into both the amplifiers and the mixer board. From the mixer board
the signal is sent to the loudspeakers. The musicians control the volume settings on the
amplifiers, while the performing artist's DJ controls the volume setting on the mixer
board.
Pavilion
The Pavilion is a temporary tent structure that is erected in the Hyatt's lower parking lot
for visiting groups and local social events. These events can occur sporadically
throughout the year but generally occur in December for Christmas and New Year
celebrations. Since these are private events, the hours vary considerably, but rarely
extend past 12:00 a.m. Typical audience sizes number around 300 people.
The sound system installed in the Pavilion tent is owned and operated by Presentation
Services, and was designed specifically with noise control in mind. This system consists
of a mixer board and two large loudspeakers by the stage, with two rows of smaller
speakers located about 1/3 and 2/3 of the way into the audience. These smaller speakers
are located near the top of the tent and are aimed at a downward angle towards the
audience. In this way, the sound is directed at the audience, and is more evenly
distributed throughout the tent, allowing the overall volume of the system to be reduced.
The sound system has also been set up so that individual speakers can be turned off as the
evening gets later and as the audience diminishes.
At most of the Pavilion events the music is prerecorded. Either the group renting the
facility or Presentation Services provides a DJ to operate the mixer board. On occasion,
though, a live band is used at the Pavilion events. When this is the case, the situation is
similar to that of the Summer Jazz Series. In other words, the unamplified instruments
produce noise levels that are not directly controlled by Presentation Services, while
amplified instruments are only partially under their control (i.e., the portion that is fed
through the mixer board).
Assessment of Impact
Based on our limited survey of the situation, the following may be reasonably concluded
with regard to the impacts associated with the Summer Jazz Series and Pavilion events at
the Hyatt Newporter:
• The noise levels do not exceed the City's Chapter 10.26 noise ordinance standards
since they are generally not measurable above the ambient noise level.
• The noise levels generated by most, if not all of the Summer Jazz Series and Pavilion
events are clearly audible within the surrounding community. Therefore, the noise
levels exceed the City's Chapter 1032 standards.
5�
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NYAII NEWPURI ER HUI EL
Project File 195.00
These findings are supported by the noise measurement results discussed in the following
section.
Noise Measurements
Measurements were obtained at two Summer Jazz Series events on the evenings of
September 29 and October 6, 2000. On both occasions, a sound level meter was
positioned at the mixer board, while a second sound level meter was used to obtain
measurements at various locations in the surrounding residential community. Notes were
kept to document the events occurring in the amphitheater, as well as the events that were
audible in the surrounding community. To the extent possible, during these
measurements the Hyatt's sound system consultant was instructed to reduce the overall
volume on the mixer board to determine the effect of lower settings on the audibility of
the music.
The measurements obtained at the mixer board during these two events are summarized
as follows:
Time
9n9/00
10/6/00
dB (C)
Lmax, dB (C)
Leg, dB C . Lmax; dB
7:00 - 7:15 m
0.8
88.6
No measurement
7:15 - 7:30 m
58'4 .3
90.9
7:30 - 7:45 m
3.0
102.3
7:45 - 8:00 m
6.3
102.2
76.7
8271
8:00 - 8:15 pm
87.0
99.3
78.0
86.9
8:15 - 8:30 pm
91.0
100.8
87.9
99.4
8:30 - 8:45 pm
92.1
101.7
92.7
101.9
8:45 - 9:00 pm
95.8
104.8
88.9
100.6
9:00 - 9:15 pm
96.1
101.2
90.7
99.1
9:15 - 9:30 pm
96.7
101.8
90.4
101.6
9:30 - 9:45 pm
95.9
100.3
93.3
104.6
9:45 - 10:00 pm
96.9
102.0
89.8
105.4
Note that the sound levels measured at the mixer board have been weighted using the C-
scale rather than the more common A -scale. This is to ensure that the low- frequency
sound energy produced by the bass instruments is properly addressed in this study. (The
A -scale significantly minimizes low- frequency noise in its calculation of an overall noise
level.)
During the concert events, measurements were obtained at various locations throughout
the surrounding residential community. These locations are identified in Figure 1, and the
results of our measurements are provided in Appendix I. In general, the average noise
level (Leq) in the surrounding community varied from 37 to 63 dB(A), depending on the
measurement location and its proximity to the nearby streets. However, at none of these
locations was the concert noise measurable above the ambient. Thus, the concert levels
complied with the City's Chapter 10.26 noise ordinance standards.
1 Ambient plus crowd noise. Concert not yet started.
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Project File 195 -00
At all locations, with the exception of the De Anza Bayside Village Trailer Park on
Liberty, the concerts were clearly audible. This included the music, the singer, the
announcements and the audience cheering and applauding. When the Hyatt's sound
system consultant was asked to reduce the overall volume on the mixer board, the effect
on the audibility of the music in the surrounding community was negligible. This is
because, as indicated previously, the mixer board controls only a relatively small portion
of the overall music volume generated at the Summer Jazz Series.
Measurements were also obtained at a Pavilion event on the evening of December 1,
2000. On the occasion of this measurement, a live band was playing at the Pavilion. As
with the Summer Jazz Series, a sound level meter was set up adjacent to the mixer board,
while an acoustical consultant observed the audibility of the event at two locations in the
surrounding community. Notes were kept to document the events occurring within the
Pavilion tent, as well as the events that were audible in the community. To the extent
possible, the Presentation Services DJ was instructed to reduce the overall volume on the
mixer board during the measurement to determine the effect of lower settings on the
audibility of the music in the surrounding community.
The measurements obtained at the mixer board during this event are summarized as
follows:
Time
Leg, dB
Lmaz dB (Q .
8:39 - 8:45 pm
87.6
94.3
8:45 - 9:00 pm
86.8
102.5
9:00 - 9:15 pLn
85.9
95.8
9:15 - 9:30 pm
92.6
101.2
9:30 - 9:45 pm
89.7
98.3
9:45 - 10:00 pm
90.2
100.3
10:00 - 10:15 m
95.8
101.5
10:15 - 10:30 pm
94.4
100.3
During the Pavilion event the noise was observed at two residential locations nearest to
the tent. These were at the cul-de -sac on North Star Lane and on Polaris Drive at
Westcliff Park. It is noted that, at both locations, the concert noise was not measurable
above the ambient. Thus, the event complied with the City's Chapter 10.26 noise
ordinance standards. (We were unable to gain access to either the Sea Island or Harbor
Cove communities during the Pavilion event.)
At both North Star Lane and Westcliff Park, the Pavilion event was clearly audible. This
included the music, the singer, the announcements and the audience cheering and
applauding. When Presentation Services was asked to reduce the overall volume on the
mixer board, the effect on the audibility of the music in the surrounding community was
negligible. This is because, as indicated previously, the mixer board only controls a'
relatively small portion of the overall music volume generated at the Pavilion.
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�a
Note that, even with these strict measures in place, there would be no control over
V] unamplifed music or crowd noise (applause, cheering, etc.). Therefore, it is
Cl.l recommended that a compromise approach be considered. Properly implemented, it is
believed that the following five- pronged approach will reduce the event noise levels
being experienced in the surrounding community by about 10 dB (generally perceived to
be half as loud):
u
1. Modifications to the Sound System.
[a 1 a. Summer Jazz Series
i. A new sound system, which employs state of the art matrix controls, will
be employed. This should minimize the overall sound pressure required to
meet the expectations of the artist and audience.
ii. The Hyatt's audio technician will control maximum amplification with the
use of audio compressors and limiters.
v iii. The positioning of the speakers will be adjusted to provide more
directional control and to limit reflections from the hotel building.
iv. A variety of sound baffles and panels will be employed both on and
!�. behind the stage to minimize unwanted amplification.
to
3
HYATT NEWPORTER HOTEL
Project File 195.00
Mitigation Measures
Given the nature of the Summer Jazz Series and Pavilion events, their venues, and their
c ; ;
relatively close proximity to the surrounding residential community, it is not considered
practical or feasible to achieve full compliance with the City's Chapter 32 requirements
(complete inaudibility at distances of 100' or more from the venues). The atmospheric
variations in the area (e.g., wind patterns, humidity, inversion layers, etc.) only add to the
impracticality of compliance.
Changes could be made to the operation of the Summer Jazz Series and Pavilion events
in order to achieve a significant reduction (on the order of 10 to 20 dB) in the noise levels
,.,
being experienced in the community, but it is likely that the changes would be onerous to
both the patrons of the events (thus reducing audience size) and the performing artists
(thus reducing the number of artists willing to play at the Hyatt). They would also be
extremely costly to implement. These changes would include:
• Installation of a new sound system. This system would require that the output of all
amplified instruments be fed directly through the mixer board, bypassing the
amplifiers. Only the Hyatt's sound system consultant would control the mixer board.
Large speakers would be eliminated in favor of smaller, highly directional speakers
that surround the audience.
• The sound system would need to be calibrated by the Hyatt's consultant to generate
an overall noise level at the mixer board that is at least 20 dB lower than current
levels.
Note that, even with these strict measures in place, there would be no control over
V] unamplifed music or crowd noise (applause, cheering, etc.). Therefore, it is
Cl.l recommended that a compromise approach be considered. Properly implemented, it is
believed that the following five- pronged approach will reduce the event noise levels
being experienced in the surrounding community by about 10 dB (generally perceived to
be half as loud):
u
1. Modifications to the Sound System.
[a 1 a. Summer Jazz Series
i. A new sound system, which employs state of the art matrix controls, will
be employed. This should minimize the overall sound pressure required to
meet the expectations of the artist and audience.
ii. The Hyatt's audio technician will control maximum amplification with the
use of audio compressors and limiters.
v iii. The positioning of the speakers will be adjusted to provide more
directional control and to limit reflections from the hotel building.
iv. A variety of sound baffles and panels will be employed both on and
!�. behind the stage to minimize unwanted amplification.
to
3
HYATT NEWPORTER HOTEL
Project File 195 -00
V. The sound system will be reduced to one -half of the previous size and will
use carbon fiber speaker enclosures.
vi. Baffles will be placed next to the speakers and band equipment as needed
to control the direction of the sound.
b. Pavilion Events
i. A master compressor will be installed to control the output levels on the
mixer board.
ii. Plexiglas shields will be installed in front of the drum sets.
iii. The existing large speakers near the stage will be replaced with two
smaller speakers. All speakers used at the Pavilion will be highly
directional with a narrow spread. They will be located above the audience
and oriented straight down. The height of the speakers above the audience
will be minimized in order to permit a lower volume setting.
2.
Sound Level Standards and Sound Monitoring
.-
a. The sound level experienced at the mixer board during an event will not exceed
f
90 dB(C).
b. The Hyatt Newporter will rent or purchase a calibrated integrating sound level
meter capable of measuring, displaying and storing 1- minute Leq's2 using the C-
weighting scale.
c. The Hyatt's sound system consultant (or Presentation Services) will be
responsible for calibrating and operating the sound level meter, setting it up at the
mixer board, advising the DJ on how to read the display, downloading the data at
the end of the event, and providing the Hyatt Newporter with a report
summarizing the measured data.
.
.
`
d. During the sound check, the Hyatt's sound system consultant (or Presentation
..-�.
Services) will be responsible for assisting the performing artist or DJ in
t i
establishing amplifier and mixer board settings that will achieve the sound level
standards.
e. Sound checks will be closely monitored and kept to a minimum.
f. The Hyatt will attempt to employ the same audio engineers throughout the season
N
to ensure consistency.
3.
Contracts
a. Future contracts with performing artists or DJs will identify the Hyatt Newporter
as a noise - sensitive venue. All performers will be made aware of the unique
w
surroundings, the need to eliminate unnecessary sounds during sound checks, and
r —
the need to control the volume during the performance.
2 Leq: Equivalent (or average) sound level.
8
lX
IiIAII iVC WYVM1ILn fIV ILL
Project File 195 -00
b. The contracts will clearly identify the sound level standards identified in Item 2,
above.
rrtr
c. The Hyatt will book performers whom they feel are acoustically appropriate for
the facility and the community, based on their previous experience.
"c �1
d. The contracts will clearly state that the Hyatt Newporter staff or agents reserve
the right to adjust the amplifier and mixer board settings during an event, or to
stop the event entirely, as needed to respond to community complaints or to
exceedance of the sound level standards.
4. Proactive Community Outreach
a. The Hyatt Newporter will designate a contact person with a portable phone who
will be responsible for responding to community complaints regarding noise
impacts. The contact person will be on site throughout each event.
b. Public notice will be given, and advertising in the local newspapers will be
provided, prior to the beginning of the Summer Jazz Series identifying the concert
dates and times, and the name and phone number of the Hyatt's contact person in
case of complaints. The public notice will encourage the residents to contact the
Hyatt rather than the City in case of complaint.
c. If a complaint is received during an event, the Hyatt's contact person will take
whatever reasonable steps are necessary to resolve the complaint. These steps
may include ordering that the mixer board and/or amplifier settings be lowered, or
stopping the event.
-
d. In the event noise complaints are received, a member of the audio team will travel
. .,
to the complainant's location to understand the nature of the disturbance.
5. Time Restrictions
Q�
a. The sound system will be turned off by 10:00 p.m. for the Summer Jazz Series,
and by 11:30 p.m. for the Pavilion events. The only exception will be New Year's
C V
Eve, when the sound system will be turned off by 1:00 a.m.
We appreciate the opportunity to provide you with this report. If you have any questions,
Cf
please feel free to call us at 949/829 -6722.
coo
Sincerely,
V
WIELAND ASSOCIATES, INC.
f
.-�-y
David L. Wieland
Principal Consultant
9
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Table 5. Summary of Limited Measurements, Summer Jazz Series
:-:Date
Trme :,
A= Weighted Noise Level, dB(A) •=
Sea Island
Nortlistar;
;Harbor "'Cove
10/6/00
8:15 PM
47.3
1016100
8:44 PM
37.4
10/6/00
9:15 PM
46.8
10/6/00
9:24 PM
45.9
1016100
9:41 PM
48.9
1016100
10:01 PM
37.3
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