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City Council Resolution No. 2012 -10 <br />Pace 3 of 21 <br />2. The Mitigated Negative Declaration, an Errata to the Mitigated Negative Declaration, <br />and Mitigation Monitoring and Reporting Program were adopted by City Council on <br />January 24, 2012, by adopting certain CEQA determinations containing within <br />Resolution No. 2012 -9, which are hereby incorporated by reference. <br />3. The City Council finds that judicial challenges to the City's CEQA determinations and <br />approvals of land use projects are costly and time consuming. In addition, project <br />opponents often seek an award of attorneys' fees in such challenges. As project <br />applicants are the primary beneficiaries of such approvals, it is appropriate that such <br />applicants should bear the expense of defending against any such judicial challenge, <br />and bear the responsibility for any costs, attorneys' fees, and damages which may be <br />awarded to a successful challenger. <br />SECTION 3. FINDINGS. <br />1. Tennis Courts Conversion. <br />Finding: <br />A. The conversion will not result in any adverse traffic impacts and is consistent with the <br />General Plan. <br />Facts in Support of Finding: <br />A -1. The twenty -seven hotel units generate 15 A.M., 16 P.M. and 221 average daily trips <br />based upon Institute of Traffic Engineers (ITE) Trip Generation Rates (7th Edition). <br />This increase in traffic is entirely off -set by the traffic associated with the elimination of <br />17 tennis courts (22 A.M, 56 P.M and 658 average daily trips based upon ITE Trip <br />Generation Rates). As a result, traffic generated by the proposed project would <br />decrease by 389 daily trips, 3 A.M. trips, and 35 P.M. trips. <br />A -2 The design regulations for the hotel rooms set forth in the Planned Community <br />Development Plan will ensure that the proposed hotel use and the physical <br />improvements for the hotel rooms will not lend themselves to conversion to higher <br />traffic - generating uses. <br />A -3. In order to accommodate the development of the proposed 27 hotel -unit development <br />(bungalows), the 17 tennis courts shall be converted to 27 hotel units. The conversion <br />of eliminated 17 tennis courts to 27 hotel units is consistent with the General Plan <br />based upon the recognition that the General Plan provides for additional retail <br />opportunities at Fashion Island, hotel rooms, and housing units within Newport Center. <br />Additionally, the proposed conversion revitalizes an area wherein the General Plan <br />encourages hotel development and the conversion does not create traffic impacts. <br />2. Site Development Review — The applicant proposes a Site Development Review to <br />allow the redevelopment of the existing golf clubhouse and tennis club, pursuant to the <br />Section 4.3 of the PCDP. <br />Tmplt 03/08/11 <br />