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