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HomeMy WebLinkAbout1776 - RECOMMEND CERTIFICATION OF FEIR _1107 JAMBOREE ROADRESOLUTION NO. 1776 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CERTIFICATION OF 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 Ken Cruse, on behalf of Sunstone Hotels, 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, 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 Planning Commission Resolution No. Page 2 of 3 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: (1) the certification of the Final Environmental Impact Report ("FEIR "), and (2) the adoption of certain findings and determinations; and WHEREAS, a combined Final Environmental Impact Report (collectively, "FEIR ") for the Project was presented to the Planning Commission for recommendation 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 Planning Commission 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 Planning Commission has considered all significant impacts and Project alternatives 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 Planning Commission allows the occurrence of significant environmental effects which are identified in the EIR, but are not mitigated, the Planning Commission must state in writing the reasons to support its action based on the FEIR and /or other information in the record; and WHEREAS, the Planning Commission has determined that the Project is consistent with the General Plan and Zoning Regulations of the City of Newport Beach. WHEREAS, the Planning Commission 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 Planning Commission Resolution No. Page 3 of 3 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 Planning Commission, the Planning Commission recommends that the City Council certify that the FOR for the Project has been completed in compliance with CEQA and the State and local CEQA Guidelines. The Planning Commission certifies that the FEIR was presented to the Planning Commission and that the Planning Commission 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 Planning Commission has reviewed and hereby recommends adoption of 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 Planning Commission has reviewed and hereby recommends adoption of the "Mitigation Monitoring and Report Program" which is included as Exhibit "B ", which exhibit is incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 6tn day of November, 2008. M AYES: Eaton, Unsworth, Hawkins, Peotter and Toerge ."I'Max" NOES: McDaniel and Hillgren ABSENT: None