HomeMy WebLinkAbout2009-10 - Hyatt Regency ExpansionRESOLUTION NO. 2009- 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS AND APPROVING PARCEL
MAP NO. 2007 -003, USE PERMIT NO. 2005 -046, AND
MODIFICATION PERMIT NO. 2007 -095 FOR THE HYATT
REGENCY NEWPORT BEACH HOTEL EXPANSION AND
TIMESHARE PROJECT LOCATED AT 1107 JAMBOREE
ROAD (PA2005 -212).
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, on October 23, 2008, and November 6, 2008, the Planning
Commission conducted public hearings in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the
meetings was given in accordance with the Municipal Code. Evidence, both written and
oral, was presented to and considered by the Planning Commission at these meetings;
and
WHEREAS, at the November 6, 2008 hearing, the Planning Commission received
public comments and with a majority vote of 5 ayes recommended adoption of Statement
of Overriding Considerations and approval of Parcel Map No. 2007 -003, Use Permit No.
2005 -046, Modification Permit No. 2007 -095, and Development Agreement No. 2005-
002 to the City Council; and
WHEREAS, a public hearing was held on February 24, 2009, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the City Council at
this meeting; and
WHEREAS, the Final Environmental Impact Report (State Clearinghouse No.
2006121052) identifies potential significant impacts to the environment and certain
mitigation measures designed to reduce or avoid these impacts to a less than significant
level, with the exception of one significant unavoidable impact that will require the
adoption of a Statement of Overriding Considerations; and
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
WHEREAS, the Land Use Element of the General Plan designates the project site
as Visitor Serving Commercial (CV), which is intended to provide for accommodation,
goods, and services intended to primarily serve visitors to the City. The project site, in
particular, is allocated a maximum development limitation of 479 hotel rooms (Anomaly
No. 52). The demolition of the 12 traditional hotel rooms and construction of the 88 new
timeshare rooms results in a total room count of 479 rooms, consistent with maximum
development limitation for the site. The Land Use Element does not establish a
maximum square footage development limit for the proposed hotel's ancillary uses (i.e.
ballroom, spa, and clubhouse); and
WHEREAS, the proposed project is consistent with Land Use Policy 5.2.1 that
requires that new development within existing commercial districts centers and corridors
complement existing uses and exhibit a high level of architectural and site design in
consideration of a number of design principles. The proposed project has been designed
to exhibit high - quality architecture and site design. The timeshare buildings and ballroom
facility would include modulated building masses and rooflines that would provide visual
relief and aesthetically pleasing building facades. The inclusion of architectural elements
such as balconies, tower features, and ornamental windows and the variation in building
elevations and protrusions would also enhance the visual quality of the buildings. The
proposed lighting scheme would also provide a means for highlighting building details. The
proposed project also includes a comprehensive landscaping plan that would include
existing mature and proposed trees, shrubs, and ornamental ground cover and a lighting
plan for highlighting of prominent landscaping elements; and
WHEREAS, the proposed project is consistent with Land Use Policy 5.2.2 that
requires commercial uses adjoining residential neighborhoods be designed to be
compatible and minimize impacts through a number of techniques. The proposed project
has been designed in a manner that would be compatible with the surrounding residential
uses through the use of high - quality architecture, a comprehensive landscape plan and
lighting plan, and an access and circulation plan that would adequately serve the existing
and proposed hotel uses on- and off -site. The existing parking area light poles would be
removed and replaced with modern light poles designed with full cutoff features that
would cast light downwards and minimize light spillage and glare impacts. The proposed
architecture would complement the surrounding architecture, including the Bayview
Landing Senior Apartments to the south. The proposed project would also provide a
comprehensive landscape plan that would include existing mature and proposed trees and
shrubs. The dense landscaping components would adequately buffer buildings, structures,
and parking areas from surrounding areas and roadways; and
WHEREAS, the Coastal Land Use Plan (CLUP) of the Local Coastal Program sets
forth goals, objectives, and policies that govern the use of land and water in the coastal
zone and addresses land use and development, public access and recreation, and coastal
resources protection in accordance with the California Coastal Act. The proposed
subdivision is consistent with the CLUP for the following reasons:
1. The site is designated as Visitor - Serving Commercial (CV-13). This designation is
intended to provide for accommodations, goods, and services intended for visitors
to the City. The proposed timeshare units are visitor serving as they provide
overnight lodging accommodations and other services to visitors to the coastal
zone. The proposed project will provide expanded accommodations and services in
the City and result in a total gross floor area of 374,104 square feet. This equates to
a 0.34 floor area to land area ratio, which is below the 0.50 to 1.25 floor area ratio
permitted under the CV-13 land use designation.
2. The project has been designed so that grading and required fuel modification
activities would completely avoid disturbance of all off -site delineated coastal sage
scrub (CSS) vegetation and that a minimum 50 -foot buffer would be provided
between the proposed timeshare structures and the CSS vegetation. The
timeshare buildings have also been designed to provide a minimum 100 -foot buffer
from the wetland located north of the project site. To ensure project lighting along
the northern perimeter of the site does not cause a significant impact to nesting
gnatcatchers, a mitigation measure has been proposed requiring all lighting within
100 feet of the CSS to consist of low intensities, directed away from the CSS
habitat, and review of the lighting plans by a qualified biologist.
3. The project design proposes the use of native, fire- resistant species, planted
exclusively in the Special Treatment Zone that is the 50 -foot buffer between the
environmentally sensitive habitat areas (ESHAs) and the proposed buildings. The
native vegetation would be low- growing grasses and forbs that would require
only periodic minor maintenance that would not result in any degradation of the
adjacent ESHA. The species selected are native to the coastal ecosystem of
Central Orange County and would provide transitional habitat for foraging for a
wide suite of native species that also utilize the adjacent coastal sage scrub
ESHA.
4. The proposed project will not impact coastal resources nor the ability of the public
to reach, use or view the shoreline of coastal waters or inland coastal recreation
areas and trails.
5. The project includes 916 parking spaces, which exceeds the minimum parking
requirements of the Zoning Code and exceeds the projected peak parking
demands as illustrated by the traffic analysis prepared for this project.
6. Policies 4.4.1 -1 through 4.4.2 -3 of the CLUP pertain to the design of structures to
protect public coastal views and preserve or enhance the visual qualities of the
coastal zone. Coastal views from designated roads are to be protected and
enhanced. There are two such coastal view roads in close proximity to the
project site: Back Bay Drive and a short segment of Jamboree Road north of the
project site. The coastal views from Back Bay Drive are to the Back Bay and not
the project site; therefore, there is no impact. Visual Simulation 1 (Figure 5.1 -2 of
the DEIR) is from a vantage point nearest the Jamboree Road segment; the
simulation indicates that no coastal views currently exist from this location. The
DEIR also includes view simulations from other public vantage points (Visual
Simulations 2 through 9) in the immediate vicinity of the site and concludes that
project implementation will not impact any public views.
WHEREAS, the proposed sales, management, and contingency plans
adequately address the purpose of Section 20.84.040 of the Zoning Code, and in
conjunction with the recommended conditions of approval, should not negatively impact
surrounding uses; and
WHEREAS, the Zoning Code does not permit the utilization of tandem parking
for commercial uses unless a modification permit is approved for the deviation in access
of parking spaces. Also, pursuant to Section 20.65.070.A (Exceptions to Height Limits)
of the Zoning Code, architectural features such as, but not limited to, cupolas,
weathervanes, open protective railings for stairways, and other roof -top features of an
open nature may be permitted in excess of the height limits subject to the approval of a
modification permit. Section 20.93.030 of the Zoning Code requires the City Council to
make certain mandatory findings in order to approve a modification permit. Such findings
and facts to support such findings are as follows:
1. Finding: The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
Facts in Support of Finding:
a. Strict application of the parking requirements would only require a total of 396
spaces, which could be accommodated on -site without the need for tandem
parking; however, as illustrated by the peak parking demand analysis prepared
for this project, the proposed 912 parking spaces is consistent with the project's
total parking needs. This number of parking spaces cannot be accommodated
on -site without the extensive use of tandem parking, unless the construction of
a much larger parking structure is proposed. The applicant opted to construct a
smaller, less visually intrusive parking structure and expand the use of tandem
parking throughout the site. This increased parking meets the intent of the Code
by ensuring sufficient parking is being provided for the expanded uses, while the
proposed valet operation will insure efficient and safe parking management for
the hotel and banquet guests
b. General Plan Land Use Element Policy LU 5.2.1 (Architecture and Site Design)
requires that new development within existing commercial districts centers and
corridors complement existing uses and exhibit high quality architectural and
site design in consideration of a number of design principles. One principle in
particular requires modulation of building masses, elevations, and rooflines to
promote visual interest. Use Permit No. 3161 permitted a cupola over the main
hotel entry measuring a total height of 52 feet 9 inches, which was used to
establish an identifying feature for the hotel visible from Jamboree Road. This
was similar to the ballroom cupola proposed with this project and intended to
serve a similar function. The proposed architectural cupola and tower feature is
intended to complement the existing hotel and cupola, create visual interest,
and establish a separate identifiable feature for the ballroom building. Strict
application of the height limits would eliminate the ability to provide this
enhanced architectural treatment of the ballroom structure.
2. Finding: The requested modification will be compatible with the existing
development in the neighborhood.
Facts in Support of Finding: The following facts support compatibility of the
proposed project with the existing neighborhood:
a. The existing hotel and banquet facilities currently operate primarily with valet
service utilizing tandem parking (previously approved by Use Permit No. 3161).
Proposed operations will not change significantly from current operations, with
the exception of the increased utilization of tandem parking spaces. Continued
valet parking service will ensure guests arriving for large banquet events can be
parked more efficiently and safely than can be achieved though self - parking.
Several self - parking spaces (non - tandem) will remain available for guests
seeking short-term parking for use of the spa, restaurants, shops, or meeting
facilities without having to utilize valet service.
b. To minimize the visual impact of the parking areas as viewed from the
adjacent right -of -ways and properties, the parking areas will remain
extensively screened from view with the use of proposed and existing
groundcover, hedges, and trees.
c. The ballroom's proposed cupola and tower feature is 57 feet 6 inches in height
with an additional 5- foot -high finial on top. This is approximately 5 feet higher
(10 feet including finial) than the height of the existing cupola located at the
hotel entrance. Within the context of a 25 -acre site, the cupola and tower
feature is a rather minor projection and is consistent with the height of the
existing cupola over the hotel entrance (exclusive of the finial).
3. Finding: The granting of such an application will not adversely affect the health or
safety of persons residing or working in the neighborhood of the property and will
not be detrimental to the general welfare or injurious to property or improvements
in the neighborhood.
Facts in Support of Finding:
a. The existing hotel and banquet facilities were previously approved and currently
operate primarily with valet service utilizing tandem parking. To date, the
utilization of a tandem parking with valet service has not proven detrimental to
persons residing or working in the neighborhood. It should also be noted that
several other large hotels in the City, such as the Island Hotel and Fairmont
Hotel, operate exclusively with valet service utilizing tandem parking and have
also not proven detrimental.
b. The use of valet parking will provide guests with direct access to the hotel uses,
eliminates the need for guests to park a significant distance from the hotel entry,
and enhances safety for guests by eliminating the need to walk through parking
lot areas, separating them from vehicles circulating the parking lots, particularly
during large banquet events where guests tend to arrive simultaneously.
c. To ensure that the valet parking services needed to effectively utilize the large
number of tandem spaces do not result in a significant impact, particularly
during large wedding, banquet, conference, and special events, preparation of,
and compliance with, a valet parking management plan has been included as a
mitigation measure
d. The proposed cupola and tower feature will be visible from Jamboree Road and
Back Bay Drive, as well as the adjacent Sea Island residential community and
the Bayview Landing senior apartment complex; however, above the maximum
height limit, the edges of the tower are tapered, and arched openings (5.5 feet
wide x 8 feet high) exist on each of its four sides, visually reducing the mass of
the tower feature and allowing it to remain open in nature. The cupola and tower
feature will not block any private or public views, but will project into the
panoramic views of the site, similar to the existing cupola over the main hotel
structure which has not been detrimental to the visual quality of the area.
e. A condition of approval has been included to limit the illumination of the cupola
to soft accent lighting at night so as not to become a nuisance to the adjacent
residents.
WHEREAS, the proposed project is located in the 26/35 -foot height limitation
zone that permits buildings and structures to exceed the 26 -foot height limit up to a
maximum of 35 feet through the approval of a use permit. Ridges of pitched roofs are
permitted to exceed the height limit by 5 additional feet. The proposed project exceeds
the 26 -foot base height limit. The proposed roof midpoints of the timeshare buildings are
at 35 feet and the ridges are at 40 feet, as measured from the finished pad elevation. The
proposed roof midpoints of the ballroom building is 31 feet 6 inches and the ridge is 36 feet
6 inches (exclusing cupola), as measured from the finished pad elevation. Section
20.65.055 of the Zoning Code requires the City Council to make certain mandatory
findings to approve a use permit to exceed the base height limit. Such findings and facts
to support such findings are as follows:
1. Finding: The increased building height would result in more public visual open
space and views than is required by the basic height limit in any zone. Particular
attention shall be given to the location of the structure on the lot, the percentage
of ground cover, and the treatment of all setback and open areas.
Facts in Support of Finding:
a. The proposed timeshare buildings are to be located on a portion of the site
with the highest grade elevations and most visible from the Newport North
View Park to the north. Currently, development is not visible from this
location. Maintaining the 26 -foot height limit would not allow the design of
structures greater than two- levels in height, resulting in the need to create
much larger building pads in order to develop the remaining entitled rooms.
This required increase in horizontal dimensions of these structures would
reduce the amount of open space and landscaping that can be provided on
the site. Instead, the proposed project clusters the taller, three -level buildings
throughout the site to provide increased public visual open space, not only by
allowing a significant amount of open space to remain around the timeshare
structures as viewed from the Newporter North View Park, but also by
allowing approximately 40.4 percent of the site to remain as open space and
visually enhanced with landscaping.
b. The proposed ballroom consists of a single level; however, increasing the
height limitation for the ballroom accommodates ceiling heights approximate
to the size of the 800 -seat capacity ballroom. An alternative to developing one
large ballroom, which can be divided up into smaller ballrooms and meeting
rooms, would be to simply construct three or four smaller ballroom structures
that can be designed with lesser ceiling heights consistent with the base 26-
foot height limit. It is important to note, however, that the consolidation of
smaller ballroom /meeting spaces into one grand ballroom structure, results in
the consolidation of the support uses, such as kitchens, storage rooms,
restrooms, pre- function areas, trash areas, etc. Consolidation reduces the
amount of floor area and lot coverage that would otherwise be dedicated to
these various support uses. The development of one large ballroom also
allows for the retention of increased setbacks from Jamboree Road (approx.
379 feet) and Back Bay Drive (approx. 94 feet), whereas, smaller detached
ballrooms would likely have reduced setback distances.
2. Finding: The increased building height would result in a more desirable
architectural treatment of the building and a stronger and more appealing visual
character of the area than is required by the basic height limit in any zone.
Facts in Support of Finding: Maintaining the 26 -foot height limit would result in
increased lot coverage. Clustering the proposed buildings throughout the site and
around the existing buildings, which are approximately 9 feet lower in height,
would create variation in roof heights. This would enhance the visual character of
the area. The additional height would also allow significant use of sloping roof
planes, which would add visual interest. The alternative would be to utilize flatter
roofs and low sloping roofs to achieve higher ceilings, similar to the existing hotel
buildings.
3. Finding: The increased building height would not result in undesirable or abrupt
scale relationships being created between the structure and existing
developments or public spaces. Particular attention shall be given to the total
bulk of the structure including both horizontal and vertical dimensions.
Facts in Support of Finding: The proposed project, which consists of one, two, and
three -story structures, is consistent with the development of the existing hotel
structures. Due to the distance between the project site and adjacent
neighborhoods, and the significant amount of mature landscaping on the site,
impacts to surrounding neighborhoods are negligible and property owners will
retain most of their current views. The proposed heights of the buildings are only
approximately 9 feet higher than the existing buildings on -site, and are
comparable in height to the adjacent Bayview Landing Senior Apartments;
therefore, the proposed building heights will not result in an abrupt scale
relationship with the existing developments in the area.
4. Finding: The structure shall have no more floor area than could have been
achieved without the use permit.
Facts in Support of Finding: The proposed structures will have no more floor area
than could have been achieved without requesting the increased height. The
structures could have been designed to comply with the height limit; however to
achieve the same room count, the buildings would be enlarged horizontally
increasing horizontal bulk and reducing open space.
WHEREAS, the applicant is requesting the approval of a tentative parcel map to
reconfigure two existing lots, allowing the timeshares to remain on one parcel and the
hotel on the other, and to establish finished grades for the purposes of measuring
height. Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and
fads in support of such findings shall be made for approval of a tentative tract map. Such
findings and facts to support such findings are as follows:
1. Finding: That the proposed map and the design or improvements of the
subdivision are consistent with General Plan and any applicable specific plan,
and with the applicable provisions of the Subdivision Map Act and the City
Subdivision Code.
Facts in Support of Finding:
a. The project is consistent with the General Plan. The Public Works
Department has reviewed the proposed tentative map and believes that it is
consistent with the Newport Beach Subdivision Code (Title 19) and applicable
requirements of the Subdivision Map Act.
b. The proposed finished grades, as shown on the proposed site grading plan
and site section (Sheets C -2 and A -3 of Project Plans), are not unreasonable
given the variable topography of the site. A majority of the natural grade
elevations will actually be lowered, particularly the highest portions of the site
where the proposed timeshare buildings are proposed. Overall, 24,000 cubic
yards of earth are proposed to be exported (40,000 c.y of cut — 16,000 C.Y. of
fill). The proposed finished grade beneath the ballroom is approximately 7
feet higher than the underlying existing grade because proposed storm drain
improvements will eliminate the need for the existing drainage swale. The
ballroom's finished floor was set at an elevation convenient for handicapped
accessibility and for management of storm water runoff.
c. Conditions of approval have been included to ensure compliance with Title
19.
2. Finding: That the site is physically suitable for the type and density of
development.
Facts in Support of Finding:
a. The proposed project is consistent with the maximum General Plan
development limitation established for the site and significantly below the
applicable maximum floor area limit established by the CV -B coastal land use
designation.
b. The site is currently utilized as a resort -style hotel complex. The hotel
expansion and addition of the 88 timeshare units will not change the principal
use of the site.
c. The project is not on a site that is included on a list of hazardous materials
sites.
d. No releases of hazardous substances that would require investigation and /or
remediation have been identified at the site.
e. As designed, the proposed project would not result in significant biological
resource impacts and would protect existing resources through the use of
native vegetation.
f. A geotechnical feasibility study was prepared by Kleinfelder, which concludes
that the site can be developed as planned from a geotechnical perspective.
Although the project requires excavation for subterranean parking, the results
of the study conclude that excavation required for the timeshare structures
would not encounter any groundwater.
g. The project is located within a Special Fire Protection Area as defined by the
City's Fire Department. A Fire Protection Plan prepared by Dudek, and
preliminarily approved by the Fire Department, concludes that through code
and mitigation requirements, the buildings can be designed to be defensible
from wildfire and, in turn, do not represent a significant threat of ignition
source from the adjacent native habitat.
3. Finding: That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially and avoidably
injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the
decision - making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was made
pursuant to Section 21081 of the California Environmental Quality Act that
specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding: An Environmental Impact Report has been prepared
and concludes that the proposed development will not result in a significant
environmental impact with respect to fish, wildlife, or their habitat. The project has
been designed so that grading and required fuel modification activities would
completely avoid disturbance of all off -site delineated coastal sage scrub vegetation
and compliance with mitigation measures will ensure impacts to wildlife within the
adjacent environmentally sensitive habitat area are minimized.
4. Finding: That the design of the subdivision or the type of improvements is not
likely to cause serious public health problems.
Facts in Support of Finding:
a. The project consists of 479 hoteVtimeshare units and ancillary eating, drinking,
banquet, and spa facilities as permitted by the Zoning Code and the General
Plan.
b. No evidence is known to exist that would indicate that the proposed project will
generate any serious public health problems.
c. All mitigation measures will be implemented as outlined in the Draft EIR to
ensure the protection of the public health.
5. Finding: That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access through or
use of, property within the proposed subdivision. In this connection, the decision -
making body may approve a map if it finds that alternate easements, for access
or for use, will be provided and that these easements will be substantially
equivalent to ones previously acquired by the public. This finding shall apply only
to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or
use of property within a subdivision.
Facts in Support of Finding:
a. No public easements for access through the property currently exist or have
been retained for use by the public at large.
b. Several existing public easements exist on -site, including utility, sewer, water,
drainage, and traffic signal maintenance easements. Project implementation
will require modification of the sewer, water, and storm drain easements to
avoid constructing permanent improvements over said easements.
6. Finding: That, subject to the detailed provisions of Section 66474.4 of the
Subdivision Map Act, if the land is subject to a contract entered into pursuant to
the California Land Conservation Act of 1965 (Williamson Act), the resulting
parcels following a subdivision of the land would not be too small to sustain their
agricultural use or the subdivision will result in residential development incidental
to the commercial agricultural use of the land.
Facts in Support of Finding: The site is not subject to a Williamson Act contract;
therefore, this finding is not applicable.
7. Finding: That, in the case of a "land project" as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project; and (b) the decision - making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding: The subject property is not located within the
boundaries of a specific plan; therefore, this finding is not applicable.
8. Finding: That solar access and passive heating and cooling design requirements
have been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Facts in Support of Finding: Title 24 of the California Building Code requires new
construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Department
enforces Title 24 compliance through the plan check and field inspection
processes
9. Finding: That the subdivision is consistent with Section 66412.3 of the
Subdivision Map Act and Section 65584 of the California Government Code
regarding the City's share of the regional housing need and that it balances the
housing needs of the region against the public service needs of the City's
residents and available fiscal and environmental resources.
Facts in Support of Finding: The site is designated for Visitor Serving Commercial
land uses by the General Plan and Coastal Land Use Plan. Residential
development is not proposed or permitted on the site; therefore, this finding is not
applicable
10.Finding: That the discharge of waste from the proposed subdivision into the
existing sewer system will not result in a violation of existing requirements
prescribed by the Regional Water Quality Control Board.
Facts in Support of Finding:
a. Waste discharge into the existing sewer system will be consistent with
commercial use of the property which does not violate Regional Water Quality
Control Board (RWQCB) requirements.
b. The RWQCB has not provided any comments related to the proposed Draft
EIR during the 45-day review period.
11. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding: The project has been designed and conditioned for
consistency with the City's Local Coastal Program Land Use Plan.
WHEREAS, a use permit to allow the proposed expansion of the existing hotel
use has been prepared and approved in accordance with Section 20.91.035 of the
Newport Beach Municipal Code based on the following findings and facts in support of
such findings:
1. Finding: That the proposed location of the use is in accord with the objectives of this
code and the purposes of the district in which the site is located of the use is in
accord with the objectives of this code and the purposes.
Facts in Support of Finding: The subject property is located within the Retail and
Service Commercial (RSC) Zoning District. Hotels and timeshares are considered
visitor accommodations that are permitted land uses with the approval of a use
permit. The proposed expansion of the existing hotel uses and addition of the 88
timeshare units is consistent with the RSC District. With the exception of the use
permit request for increased height, and modification request for the commercial
tandem parking and increased height of the architectural tower element, all required
development regulations of the RSC zoning regulations have been met.
2. Finding: That the proposed location of the use permit and the proposed conditions
under which it would be operated or maintained will be consistent with the General
Plan and the purpose of the district in which the site is located; will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not be
detrimental to the properties or improvements in the vicinity or to the general welfare
of the city.
Facts in Support of Finding: The project has been conditioned to regulate the design
and operation of the use to minimize impacts to adjacent uses and to guests of the hotel
and timeshare development. Specifically, the project will not be detrimental to the public
for the following reasons:
a. All potential environmental impacts have been analyzed in the Initial Study
and FOR and were found not to be significant with the incorporation of
specific mitigation measures, with the exception of temporary construction
noise impacts to nearby noise - sensitive uses. No feasible mitigation
measures exist that would reduce these impacts to less than significant
levels; however, the benefits of the project outweigh the unavoidable adverse
environmental effects and a Statement of Overriding Considerations must be
adopted.
b. The proposed conditions of approval and mitigation measures for this project
will ensure that all conflicts with surrounding land uses are minimized to the
greatest extent possible or eliminated.
c. The project has been designed to avoid disturbances to the adjacent ESHA.
d. Adequate off- street parking and related vehicular circulation are being
provided in conjunction with the proposed project.
e. A contingency parking plan for additional off -site parking will provide sufficient
parking for those special occasions in hotel operation when demand for
parking exceeds the number of available on -site parking spaces.
A traffic analysis has determined that the increased traffic generated as a
result of project implementation will not result in significant impacts to
intersections or traffic circulation in the City of Newport Beach, and more
specifically, within the vicinity of the project site.
g. The project has been conditioned so as to control and reduce excess lighting
and to avoid off -site light spillage.
3. Finding: That the proposed use will comply with the provisions of this Code,
including any specific condition required for the proposed use in the district in which
it would be located.
Facts in Support of Finding: The Zoning Code requires the approval of a use permit
for hotel and timeshare uses. The sales, management, and contingency plans
required per Section 20.84.040 adequately address the purpose of each required
plan.
NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
Section 1. Statement of Overriding Considerations. Pursuant to CEQA
Guidelines Section 15093, the City Council has reviewed and hereby adopts the
Statement of Overriding Considerations to adverse environmental impacts, attached also
as Exhibit "A" entitled "Statement of Overriding Considerations," which exhibit is
incorporated herein by reference.
Section 2. Based on the aforementioned findings, the City Council hereby
approves Parcel Map No. 2007 -003, Use Permit No. 2005 -046, and Modification Permit
No. 2007 -09, all subject to the Conditions of Approval in Exhibit 'B" attached hereto and
made hereof.
Section 3. This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED THIS 2
ATTEST:
..1„ .
Exhibit "A"
CEQA STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
HYATT REGENCY NEWPORT BEACH EXPANSION
STATE CLEARINGHOUSE NO. 2006121052
I. BACKGROUND
CEQA requires decision makers to balance the benefits of the proposed project against
its unavoidable environmental risks when determining whether to approve the project. If
the benefits of the project outweigh the unavoidable adverse effects, those effects may
be considered "acceptable" (State CEQA Guidelines Section 15093[a]). CEQA requires
the agency to support, in writing, the specific reasons for considering a project
acceptable when significant impacts are infeasible to mitigate. Such reasons must be
based on substantial evidence in the Final EIR or elsewhere in the administrative record
(State CEQA Guidelines Section 15093 [b]). The agency's statement is referred to as a
"Statement of Overriding Considerations." The following sections provide a description
of the each of the project's significant and unavoidable adverse impacts and the
justification for adopting a statement of overriding considerations.
A. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS
The following adverse impacts of the project are considered significant and unavoidable
based on Draft EIR and the findings discussed in Sections 2.0 and 3.0 of the Draft EIR
The following effects of the project have been determined to be significant, adverse and
unavoidable after implementation of feasible mitigation measures.
Noise- 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.
B. CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING
CONSIDERATIONS
After balancing the specific econgmic, legal, social, technological, and other benefits of
the proposed project, the City of Newport Beach has determined that the unavoidable
adverse environmental impact identified above may be considered "acceptable" due to
the following specific considerations, which outweigh the unavoidable, adverse
environmental impact of the proposed project.
Economic Development and Additional Meeting Space
The proposed project would enhance the City's fiscal health through the expansion
of the existing hotel uses, including a new 800 -seat ballroom facility, 88 new
timeshare units, and other ancillary amenities such as a new spa, fitness and swim
facility, and a timeshare clubhouse. The proposed uses would attract additional
Visitors to the City by expanding the destination services and uses currently provided
on -site and in the coastal areas of Newport. For example, the expansion of the
hotel's destination services and uses would provide a great means for visitors to
take advantage of the hotel's adjacency (south and southwest of the project site
across Back Bay Drive) to the Upper Newport Bay and Newport Dunes.
A preliminary study of the potential market demand for a conference or convention
center was conducted, which evolved into a revenue enhancement study for
Transient Occupancy Tax for the City. PKF Consulting conducted the Revenue
Enhancement Study on behalf of the City of Newport Beach and the Newport Beach
Conference and Visitors Bureau. The study's primary findings included the potential
opportunity for expanded ballroom facilities or conference centers in existing hotels
to assist in meeting conference need for the City of Newport Beach. The study
provided an example of Public- Private partnerships that could allow for the
development of a large ballroom or conference center at one of the existing hotels
which would allow the City of Newport Beach to increase its level of rooms demand
by appealing to group demand segments not currently able to be accommodated
within the community. The proposed project, more specifically the development of a
new, larger ballroom facility, will assist in meeting the conference need for the City of
Newport Beach."
Storm Drainage Improvements
The proposed project would introduce new storm drainage improvements in the
project area. These improvements would include a new storm drain on the north side
of Jamboree Road, which would connect to a new storm drain that would traverse
the southwestern portion of the site beneath the parking lot adjacent to Back Bay
Drive and would discharge to an existing storm drain at the northwestern corner of
the site at Back Bay Drive. A system of grated inlets and curb opening catch basins
at sump locations would capture and direct flows to the new drains. Flows from the
north and northeastern portion of the site would be collected in a separate storm
drain system that would outlet to an existing concrete ditch at the northeast comer of
the site. A new storm drain would also be provided along the northern portion of
Back Bay Drive, adjacent to Timeshare Building TS -7, and would discharge into an
existing public storm drain system. The project will provide upgraded drainage
facilities and water quality best management practices (BMPs) that would in fact
improve existing conditions. Additionally, drainage flows from the project site would
be decreased under the proposed project conditions, as compared to the existing
conditions. This would be accomplished through a combination of site - design and
treatment - control BMPs, such as various media filters, bioswales, and filtration
trenches.
Exhibit "B"
Conditions of Approval
Parcel Map No. 2007 -003, Use Permit No. 2005 -046, and
Modification Permit No. 2007 -095
(Project - specific conditions noted in italics)
Planning Department
1. The following conditions herein replace and supersede all conditions of previous
discretionary approvals for the 1907 Jamboree Road project site, except for Use
Permit No. 1697 and Use Permit No. 2001 -031.
2. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. The development shall be in substantial conformance with the approved project plans
stamped with the date of this approval. (Except as modified by applicable conditions of
approval)
4. The location of timeshare building TS -1 shall maintain a minimum 100 -foot buffer
from the wetland located north of the project site, as illustrated on the revised Site
GradinglTechnical Plan dated January 23, 2009.
5. Excepting the Summer Jazz Series events conducted pursuant to Use Permit No.
2001 -031, a Special Events Permit is required for any event or promotional activity
outside the normal operational characteristics of the approved use, as conditioned,
or for those occasions when the existing or proposed banquet/meeting rooms are
used by large outside groups which will generate a level of activity that will require
additional off -site parking spaces, that would attract large crowds, include any form
of on -site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
6. Excepting the Summer Jazz Series events conducted pursuant to Use Permit No.
2001 -031, any event or activity staged by an outside promoter or entity, where the
applicant, operator, owner or his employees or representatives share in any profits,
or pay any percentage or commission to a promoter or any other person based upon
money collected as a door charge, cover charge or any other form of admission
charge, including minimum drink orders or sale of drinks is prohibited.
7. Of the maximum 479 hotel rooms allowed for development on the site, no more than
88 rooms shall be developed as timeshare units, and no less than 391 rooms shall
be maintained as traditional hotel rooms available for transient overnight use by the
general public year - round.
8. Annual limits shall be established limiting the number of weeks an owner or owners
can occupy a timeshare unit to a total of 90 days per calendar year with a maximum
of 29 days of use during any 60 day period.
9. Sales and management of the timeshare units shall be in substantial conformance with
the approved sales, management, and contingency plans stamped with the date of this
approval, with the exception of the time periods set forth in Condition No. 8.
10.A11 unsold or unoccupied timeshare units shall be made available to the general
public for overnight rental through the resort hotel reservation system.
11. The timeshare development shall be granted access to 13 additional parking spaces
on the hotel development parcel through an irrevocable access agreement.
12. The proposed spa facility shall be made available for use by members of the general
public.
13. The applicant and property owner shall comply with the terms of the executed
development agreement for the project. Timeshare development shall only occur if
a development agreement is in effect for the development of the property and the
applicant strictly complies therewith.
14. The project shall maintain a minimum of 912 parking spaces.
15. That valet parking service shall be provided 24 hours a day. (1985 Condition)
16.A minimum of 25 spaces shall be maintained in self - parking areas in the upper lot to
provide self - parking for hotel guests and patrons of retail, restaurant and service
uses. (1985 Condition)
17. The following disclosure statement of the City of Newport Beach's policy regarding
the John Wayne Airport should be included in all leases or subleases for space in
the project and shall be included in any Covenants, Conditions and Restrictions
which may be recorded against the property. (1985 Condition)
Disclosure Statement
a) The John Wayne Airport may not be able to provide adequate air service for
business establishments which rely on such services;
b) When an alternate air facility is available, a complete phase out of jet service may
occur at the John Wayne Airport;
c) The City of Newport Beach will continue to oppose additional commercial air
service expansions at the John Wayne Airport,
d) Lessee, his heirs, successors and assigns will not actively oppose any action
taken by the City of Newport Beach to phase out or limit jet air service at the John
Wayne Airport.
18. Within the Special Treatment Fuel Modification Zone located between the identified
environmentally sensitive habitat area (ESHA) and Timeshare Building Nos. TS -1
and TS -2, only the following native, fire- resistant plant species shall be planted,
subject to the approval of the Fire Department:
a. Coast prickly pear (Opuntia littoralis)
b. Coastal cholla (Opuntia prolifera)
c. Sticky - leaved monkey flower (Mimulus aurantiacus)
d. Foothill needlegrass (Nassella lepida)
e. Purple needlegrass (Nassella pulchra)
f. Lance- leaved dudleya (Dudleya lanceolate)
g. Blue -eyed grass (Sisyrinchium bellum)
19. Prior to the issuance of building permits, a qualified biologist shall review the final
landscaping plans to ensure that the proposed trees do not pose a potential threat to
areas of adjacent CSS Environmentally Sensitive Habitat Areas.
20. Disposal of green waste onto the natural open space areas adjacent to the site shall
be prohibited.
21 .All employees shall park their vehicles on -site except during special events when off -
site parking arrangements are implemented and authorized, in which case
employees shall park either on -site or at such authorized off -site facilities.
22.AII mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
23. Prior to the issuance of building permits, approval from the California Coastal
Commission is required.
24. Prior to the recordation of the parcel map, approval from the California Coastal
Commission is required.
25. Prior to the issuance of a permit or within 30 days of receiving a final notification of
costs, the applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department.
26. Prior to the issuance of a building permits, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Department, General Services Department,
and Fire Department. Except as otherwise may be required for fuel modification and
ESHA buffer zones, all planting areas shall be provided with a permanent
underground automatic sprinkler irrigation system of a design suitable for the type
and arrangement of the plant materials selected. The irrigation system shall be
adjustable based upon either a signal from a satellite or an on -site moisture - sensor.
Planting areas adjacent to vehicular activity shall be protected by a continuous
concrete curb or similar permanent barrier. Landscaping shall be located so as not
to impede vehicular sight distance to the satisfaction of the Traffic Engineer.
27.AII landscape materials and landscaped areas shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing, mowing
and trimming.
28. Water leaving the project site due to over - irrigation of landscape shall be prohibited.
If an incident such as this is reported, a representative from the Code and Water
Quality Enforcement Division of the City Manager's Office shall visit the location,
investigate, inform and notice the responsible party, and, as appropriate, cite the
responsible party and/or shut off the irrigation water.
29. Watering shall be done during the early morning or evening hours (between 4:00
P.M. and 9:00 A.M.) to minimize evaporation.
30.All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office and the applicant shall complete
all required repairs.
31. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards.
32. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
33. Prior to the issuance of a Certificate of Occupancy, the applicant shall schedule an
inspection by the Code and Water Quality Enforcement Division to confirm that all
landscaping was installed in accordance with the approved plan.
34.This Use Permit may be modified or revoked by the City Council or the Planning
Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
35.Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
36.This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
37. Use Permit No. 2005 -046 and Modification Permit 2007 -095 shall expire unless
exercised within 24 months from the effective date of approval as specified in Section
20.91.050 and Section 20.93.050 of the Newport Beach Municipal Code, unless an
extension is otherwise granted (in no event shall extensions be granted beyond the
effective term of the development agreement for the project).
38. Parcel Map No. 2007 -003 shall expire if the map has not been recorded within 3
years of the effective date of approval (includes additional 12 months permitted
under Government Code Section 66452.6(a)), unless an extension is granted by the
Planning Director in accordance with the provisions of Section 19.16 of the Newport
Beach Municipal Code (in no event shall extensions be granted beyond the effecfive
term of the development agreement for the project).
39. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
40. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code
41. No outside paging system shall be utilized in conjunction with this establishment.
42. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on -site lighting shall be shielded and confined within site boundaries. No direct rays
or glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have
zero cut -off fixtures, utilize high pressure sodium lamps, and light standards shall not
exceed 20 feet in height.
43.The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in
the opinion of the Planning Director, the illumination creates an unacceptable
negative impact on surrounding land uses or environmental resources. The Planning
Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
44. Prior to the issuance of a building permits, the applicant shall prepare photometric
study in conjunction with a final lighting plan for approval by the Planning
Department. The plan shall show that lighting values would be 1- foot - candle or less
at all property lines.
45. Any proposed illumination of the new ballroom cupola and tower feature shall consist of
soft accent lighting so as not to become a visual disturbance to the views of the
adjacent residents, and shall be prohibited between the hours of 90:00 p.m. and 6:00
a.m.
enor to issuance of the certificate of occupancy or final of building permits the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare specified in condition of
approval Nos. 42, 43, & 45.
47.AII proposed signs shall be in conformance with the provision of Chapter 20.67 of
the Newport Beach Municipal Code and shall be approved by the City Traffic
Engineer if located adjacent to the vehicular ingress and egress.
48.AII signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site
or off -site, with the exception of temporary parking signs on the site during events at
the hotel.
49. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
50. The final location of the signs shall be reviewed by the City Traffic Engineer and
shall conform to City Standard 110 -L to ensure that adequate sight distance is
provided.
51. Trash receptacles for patrons shall be conveniently located both inside and outside
of the establishment, however, not located on or within any public property or right -
of -way.
52.The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter debris and graffiti
from the premises and on all abutting sidewalks within 20 feet of the premises.
53.The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self -
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Department. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14, including all
future amendments (including Water Quality related requirements).
54. Prior to the issuance of building permits the trash enclosure design shall be approved
by the Planning Department. The trash enclosure shall be enclosed by three walls, a
self closing, self latching gate and have a have a decorative, solid roof for aesthetic
and screening purposes. The design of the enclosure shall be integrated with the
design of the other on -site buildings and structures.
55. Deliveries of food products shall be prohibited between the hours of 10:00 p.m. and
7:00 a.m., daily. All other deliveries and refuse collection for the facility shall be
prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise
approved by the Planning Director, and may require an amendment to this use
permit.
56.A covered wash -out area for refuse containers and kitchen equipment, with
minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches
high, shall be provided, and the area shall drain directly into the sewer system,
unless otherwise approved by the Building Director and Public Works Director in
conjunction with the approval of an alternate drainage plan.
57.The construction and equipment staging area shall be located in the least visually
prominent area on the site and shall be properly maintained and /or screened to
minimize potential unsightly conditions.
58.A six - foot -high screen and security fence shall be placed around the construction
site during construction.
59.Construction equipment and materials shall be properly stored on the site when not
in use.
60. The applicant shall comply with SCAQMD Rule 403 requirements as follows:
Land Clearing /Earth- Moving
a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content
shall be watered twice daily, enclosed, covered, or treated with non -toxic
soil stabilizers according to manufacturers' specifications.
b. All other active sites shall be watered twice daily.
C. All grading activities shall cease during second stage smog alerts and
periods of high winds (i.e., greater than 25 mph) if soil is being transported
to off -site locations and cannot be controlled by watering.
d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be
covered or wetted or shall maintain at least two feet of freeboard (i.e.,
minimum vertical distance between the top of the load and the top of the
trailer).
e. Portions of the construction site to remain inactive longer than a period of
three months shall be seeded and watered until grass cover is grown or
otherwise stabilized in a manner acceptable to the City.
f. All vehicles on the construction site shall travel at speeds less than 15 mph.
g. All diesel - powered vehicles and equipment shall be properly operated and
maintained.
h. All diesel - powered vehicles and gasoline - powered equipment shall be
turned off when not in use for more than 5 minutes.
j. The construction contractor shall utilize electric or natural gas - powered
equipment instead of gasoline or diesel - powered engines, where feasible.
Paved Roads
k. All construction roads internal to the construction site that have a traffic
volume of more than 50 daily trips by construction equipment, or 150 total
daily trips for all vehicles, shall be surfaced with base material or
decomposed granite, or shall be paved.
Streets shall be swept hourly if visible soil material has been carried onto
adjacent public paved roads.
m. Construction equipment shall be visually inspected prior to leaving the site
and loose dirt shall be washed off with wheel washers as necessary.
Unpaved Staging Areas or Roads
n. Water or non -toxic soil stabilizers shall be applied, according to
manufacturers' specifications, as needed to reduce off -site transport of
fugitive dust from all unpaved staging areas and unpaved road surfaces.
61.Construction activities which produce loud noise that disturb, or could disturb a
person of normal sensitivity who works or resides in the vicinity, shall be limited to
the weekdays between the hours of 7:00 a.m. and 6:30 p.m., and Saturdays
between the hours of 8:00 a.m. and 6:00 p.m. No such noise occurrences shall
occur at anytime on Sundays or federal holidays.
62. Noise - generating equipment operated at the project site shall be equipped with
effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All
equipment shall be properly maintained to assure that no additional noise, due to
wom or improperly maintained parts, would be generated.
63. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Hyatt Regency Newport Beach hotel expansion and timeshare project including, but
not limited to, the approval of the Parcel Map No. 2007 -003, Use Permit No. 2005-
046, Modification Permit No. 2007 -095, and Development Agreement No. 2005 -002,
and /or the City's related California Environmental Quality Act determinations, the
certification of the Environmental Impact Report, the adoption of a Mitigation
Monitoring Program, and /or statement of overriding considerations for Hyatt
Regency Newport Beach hotel expansion and timeshare project. This
indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action, causes of action, suit or proceeding whether incurred by
applicant, City, and /or the parties initiating or bringing such proceeding. The
applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages
which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
Building Department
64. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
65. Strict adherence to maximum occupancy limits is required.
66. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The project
applicant will provide the City with a copy of the NOI and their application check as
proof of filing with the State Water Quality Control Board. This plan will detail
measures and practices that will be in effect during construction to minimize the
project's impact on water quality.
67. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval
of the Building Department and Code and Water Quality Enforcement Division. The
WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that
no violations of water quality standards or waste discharge requirements occur.
68. A list of "good house - keeping" practices will be incorporated into the long -term post -
construction operation of the site to minimize the likelihood that pollutants will be
used, stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited
use of harmful fertilizers or pesticides, and the diversion of storm water away from
potential sources of pollution (e.g., trash receptacles and parking structures). The
Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In
addition, the WQMP must also identify the entity responsible for the long -term
inspection, maintenance, and funding for all structural (and if applicable Treatment
Control) BMPs.
Fire Department
69. Fire sprinklers shall be provided for all new buildings.
70. Fire hydrants shall be provided every 300 feet along the main access driveway
through the timeshare development.
71. The porte cochere on the new ballroom shall have a minimum vehicle clearance of
13 feet 6 inches high.
72. The proposed fire access road shall not exceed a grade of 10 percent.
73.All new elevators shall be gumey accommodating in accordance with Chapter 30 of
the California Building Code.
74.A/l gates to the property shall be automatic opening and provided with knox key
switch and approved strobe.
75. Fire alarm systems in new buildings shall be tied into the main panel in the existing
Catalina building. Fire alarm systems located within the existing buildings shall be
tied into Catalina building when undergoing replacement or upgrade.
76. Smoke detectors shall be provided in new buildings with sleeping areas and shall be
powered through the fire alarm panel.
77. Class / standpipes shall be provided in all stairwells of the timeshare buildings.
78. The existing fire hydrant and Fire Department connections located adjacent to the
sand volleyball court shall be relocated to a new location, to be reviewed and
approved by the Fire Department, adjacent to the main access driveway through the
timeshare development.
Public Works Department
79.A parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer
preparing the Map shall submit to the County Surveyor and the City of Newport
Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330
and 7 -9 -337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18. The Map to be submitted to the City of
Newport Beach shall comply with the City's CADD Standards. Scanned
images will not be accepted.
80. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot
Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be
protected in place if installed prior to completion of construction project.
81. The required number of handicapped parking spaces shall be designated within the
on -site parking area and shall be used solely for handicapped self parking and shall
be identified in a manner acceptable to the City Traffic Engineer. Said parking
spaces shall be accessible to the handicapped at all times. One handicapped sign
on a post shall be required for each handicapped space. (9988 Condition)
82. Valet and parking management operations shall be reviewed and approved by the
City of Newport Beach Planning and Public Works Departments. (9985 Condition)
83.The project shall comply with the City's sight distance standard for driveway /public
street intersections and internal roadways.
84. Curb cuts no longer in use shall be abandoned and plugged per City Standards.
85. Cul-de -sacs shall be designed per City Standard STD -902 -L and STD - 903 -L.
86. Ramp slopes shall comply with City Standards.
87. Final parking and circulation plans shall be subject to further review by the City
Traffic Engineer.
88. Prior to the issuance of a building permit and /or recordation of the parcel map, the
applicant shall resolve all easement issues to the satisfaction of the Public Works
Department. No permanent ground improvements such as buildings, walls, etc. shall
be built over any active easements or underground utilities.
89. The existing Street, Storm Drain, and Traffic Signal Easements along the Jamboree
Road and Back Bay Drive frontages shall be maintained, unless otherwise approved
by the Public Works Department.
90. if it is desired to record the Map or obtain a building permit prior to completion of the
public improvements, the applicant will provide the City through the Public Works
Department with either a refundable deposit or Material /Labor /Performance bonds to
guarantee satisfactory completion of the required public improvement.
91.A/1 new sewer facilities constructed on -site to serve the development shall be
privately owned and maintained.
92. All on -site storm drain inlets and connections to City storm drain facilities shall be
privately owned and maintained.
93.A water demand, a storm drain system capacity, a sanitary sewer system capacity
study shall be submitted to the Public Works Department along with the first building
plan check submittal. The recommendations of these studies shall be incorporated
as part of the submitted plans.
94. Double backfiow preventers shall be installed to serve the site.
95. Should project implementation require the reconstruction of existing City facilities,
such as water, storm drain, sewer, traffic signals, etc., the costs shall be borne by
the applicant.
96. Street, drainage, and utility improvements to be owned and maintained by the City
shall be submitted on the City standard improvement plan formats. All of the plan
sheets shall be wet sealed, dated, and signed by the California registered
professionals responsible for the designs shown on said plans.
97. All on -site runoff shall be intercepted by on -site runoff retention devices or approved
water quality devices prior to discharge into public storm drain system or through
curb drains.
98.A11 on -site runoff not captured by on -site runoff retention devices shall be treated by
industrial -grade clanfier(s), devices or other approved water quality methods, prior to
discharge through curb drains onto Back Bay Drive. Direct connection of untreated
runoff to the public storm drain system is not allowed.
99.ADA compliant pedestrian paths shall be provided throughout the development to
serve new buildings and related amenity facilities.
100. Alt existing and new curb retums along Jamboree Road and Back Bay Drive
frontages shall be constructed or reconstructed with ADA compliant curb access
ramps.
101. The driveway decorative pavers proposed within the public right -of -way will be
subject to additional conditions during the plan check process. The execution of an
encroachment agreement(s) will be required if the installation of said decorative
pavers is approved by the City.
102. Alt new landscaping within the public right -of -way and adjacent to driveway
approaches shall be approved by the General Services Department and the Public
Works Department for sight distance conformance.
103. County Sanitation District fees shall be paid prior to issuance of any building
permits.
104. Public Works Department improvement plans plan check and inspection fees
shall be paid prior to encroachment permit issuance.
105. Prior to commencement of demolition and grading of the project, the applicant
shall submit a construction management and delivery plan to be reviewed and
approved by the Public Works Department. The plan shall include discussion of
project phasing; parking arrangements for both sites during construction; anticipated
haul routes; and construction mitigation. Upon approval of the plan, the applicant
shall be responsible for implementing and complying with the stipulations set forth in
the approved plan.
106. Traffic control and truck route plans shall be reviewed and approved by the
Public Works Department before their implementation. Large construction vehicles
shall not be permitted to travel narrow streets as determined by the Public Works
Department. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper use of traffic control
equipment and flagman.
107. A construction traffic control plan shall be approved by the City prior to the
issuance of the encroachment permit. Said plan shall be wet sealed, signed, and
dated by a California Registered Traffic Engineer.
108. Staging and/or queuing of construction vehicles shall be allowed within the
project site but shall be prohibited within the public right -of -way.
109. Prior to any proposed street closures, the applicant shall submit an application
for a temporary street closure permit and an encroachment permit. No street closures
shall be permitted until such permits are issued by the Public Works Department.
Mitigation Measures
110. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
Final Environmental Impact Report (SCH No. 2006121052) for the project.
STATE OF CALIFORNIA j
COUNTY OF ORANGE
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 -10 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)
nn••II.. n
City Clerk
Newport Beach, California