HomeMy WebLinkAbout13 - A Six -Month Extension to a Hoag Development Agreement (PA2018-024)Q SEW Pp�T
CITY OF
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c�<,FORN'P City Council Staff Report
February 26, 2019
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: James Campbell, Deputy Community Development Director,
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: A Six -Month Extension to a Hoag Development Agreement (PA2018-
024)
ABSTRACT:
Hoag Memorial Hospital Presbyterian ("Hoag") requests an amendment of an existing
development agreement to extend the term an additional 10 years. Staff is negotiating
with Hoag, but needs more time before the current development agreement expires. Staff
is recommending a 6 -month extension to allow additional time for negotiations to be
completed. State law and the Newport Beach Municipal Code require City Council
consideration of a development agreement or an amendment to an existing development
agreement. The Planning Commission has reviewed the extension and recommends City
Council approve the item.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find all significant environmental concerns for the proposed project have been
addressed in a previously certified Final Environmental Impact Report (EIR) and
Supplemental EIR, and that the City of Newport Beach intends to use said document
for the above noted project, and further that there are no additional reasonable
alternative or mitigation measures that should be considered in conjunction with said
project; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2019-6, An Ordinance of the City Council of the City of Newport Beach, Amending
a Development Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian (Development Agreement Amendment No. DA2018-004), and
pass on to a second reading on March 12, 2019.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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A Six -Month Extension to a Hoag Development Agreement (PA2018-024)
February 26, 2019
Page 2
DISCUSSION:
Background
Hoag Hospital is an existing facility located at One Hoag Drive in the City of Newport
Beach ("City"). The site (approximately 38 acres), inclusive of the Lower Campus (20.41
acres) and Upper Campus (17.57 acres), is generally bounded by Hospital Road to the
north, West Coast Highway to the south, Newport Boulevard to the east, and residential
development and open space to the west. Superior Avenue is the closest major street to
the west.
Hoag Hospital was constructed in 1952 as a 75 -bed, 50,000 -square -foot facility. The
complex has undergone several major construction phases that have expanded and
remodeled the facilities. In 1979, the first Master Plan and EIR were prepared and
approved for Hoag. At the time the 1979 Master Plan was prepared, Hoag facilities were
located solely on what is now known as the Upper Campus. In June of 1984, Hoag
purchased the approximate 22 -acre Lower Campus from the State of California. In 1991,
Hoag constructed the Patty and George Hoag Cancer Center and a childcare center on
the Lower Campus.
In 1992, the City certified the Hoag Hospital Master Plan Final EIR No. 142 certifying the
Hoag Hospital Master Plan and adopted both Planned Community regulations and
Development Agreement No. 5 ("Development Agreement"). The Planned Community
Development Plan ("PC Text") is the Hoag Master Plan. In 1994, the City approved
Ordinance No. 94-8 to readopt the Development Agreement to reflect Coastal
Commission consideration. The term of the agreement is 25 years from the effective date
of the ordinance and the agreement expires on March 16, 2019.
In 2008, the City approved changes to the General Plan, PC Text, and Development
Agreement to allow more flexibility where existing entitled Hoag -related uses could be
developed. The City found the changes and amendment to the Development Agreement
consistent with the General Plan as required pursuant to Government Code Section
65867.5. The 2008 amendment did not extend the term of the agreement. The current
PC Text and Development Agreement are attached to this report for review (Attachments
C and D respectively).
Project Description
Hoag initially requested a 25 -year extension of the Development Agreement, but they
revised their request to 10 years. No other changes to the agreement or development
regulations are requested. Hoag has provided a summary of benefits that the hospital
brings to the community (Attachment B).
Development Agreement Extension
City staff and Hoag have been discussing the conditions upon which staff would
recommend approval of an extension. Negotiations will not be concluded before
expiration of the agreement in March considering the City Council must act on or before
March 15, 2019. Therefore, staff recommends a short, 6 -month extension allowing time
for continued negotiations.
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A Six -Month Extension to a Hoag Development Agreement (PA2018-024)
February 26, 2019
Page 3
If the agreement were to expire, Hoag would retain the ability to develop the hospital
consistent with the General Plan, PC Text, and all mitigation measures, but they would
not have the vested right to develop. The Development Agreement includes provisions
for certain public benefits and monitoring that would cease. Additionally, the City could
modify the General Plan or PC Text without Hoag's consent although there is no intent to
do so at this time.
Planning Commission Review
On January 17, 2019, the Planning Commission conducted a public hearing to consider
the extension of the agreement as required by Newport Beach Municipal Code (NBMC)
Chapter 15.45 and Government Code Section 65867. At the conclusion of the public
hearing, the Planning Commission voted 6-0 to recommend a 6 -month extension of the
Development Agreement (Attachment E).
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res.
Code §§21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14
Cal. Reg. §§15000, et seq.), the City of Newport Beach prepared Final EIR No. 142, which
was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to
address the potential environmental effects associated with the Hoag Hospital Master
Plan development program.
A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was
prepared in accordance with the provisions of the CEQA Public Resources Code
§§21000, et seq., and the State CEQA Guidelines, California Code of Regulations
§§15000, et seq. The purpose of the Supplemental EIR was to analyze the potential
impacts of the proposed changes to the Hoag Hospital Master Plan development
program. The City Council considered and certified the Supplemental Final Environmental
Impact Report on April 16, 2008, by adopting certain CEQA Findings of Facts and a
Statement of Overriding Considerations contained within City Council Resolution No.
2008-27.
All significant environmental concerns for the proposed project have been addressed in
the previously certified Final Environmental Impact Report No. 142 (certified 1992) and
its Supplemental Final Environmental Impact Report (certified 2008). The proposed
Amendment to the Amended and Restated Development Agreement only extends the
term of the agreement and does not amend any development standards, development
requirements, or required mitigation measures identified in Final EIR No. 142 and the
Supplemental Final EIR (SCH No. 19910071003).
NOTICING:
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
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A Six -Month Extension to a Hoag Development Agreement (PA2018-024)
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Page 4
ATTACHMENTS:
Attachment A — Draft Ordinance
Attachment B
— Hoag Statement of Benefits
Attachment C
— Hoag PC Text
Attachment D
— Development Agreement
Attachment E
— Planning Commission Resolution No. 2019-003
Attachment F
— Correspondence
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ATTACHMENT A
ORDINANCE NO. 2019- 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL
PRESBYTERIAN (DEVELOPMENT AGREEMENT
AMENDMENT NO. 2018-004)
WHEREAS, on February 14, 1994, the City Council of the City of Newport Beach
("City") adopted Ordinance No. 94-8 approving Restated Development Agreement No. 5
("Development Agreement") between the City and Hoag Memorial Hospital Presbyterian
("Hoag") and the adopting ordinance became effective on March 16, 1994;
WHEREAS, Section 6.3, "Term of Agreement," of the Development Agreement
("Development Agreement") provides a twenty five (25) year term ("Term") from the
effective date of the original adopting ordinance;
WHEREAS, on May 13, 2008, the City Council adopted Ordinance No. 2008-10
approving an amendment to the Development Agreement ("Amendment") and this
ordinance became effective on June 12, 2008. The Amendment did not modify the
Term;
WHEREAS, Hoag applied for a second amendment to the Development
Agreement ("Second Amendment") to extend the Term and the application requests no
other changes to the Development Agreement, as amended, or to existing development
regulations;
WHEREAS, Hoag is currently requesting a six (6) month extension to the Term
to allow for the Parties to negotiate additional terms;
WHEREAS, California Government Code Section 65865.2 and Newport Beach
Municipal Code ("NBMC") Section 15.45.040 requires that development agreements
include the term, permitted uses, density and intensity of development, maximum height
and size of proposed buildings, and provisions for reservation or dedication of land for
public purposes;
WHEREAS, this Second Amendment satisfies Government Code Section
65865.2 and NBMC Section 15.45.040,-
WHEREAS,
5.45.040;
WHEREAS, pursuant to NBMC Chapter 15.45, the Planning Commission held a
public hearing on January 17, 2019, in the City Council Chambers, located at 100 Civic
Center Drive, Newport Beach, California, at which time the Planning Commission
considered the Second Amendment. A notice of time, place, and purpose of the hearing
was given in accordance with State law including California Government Code Sections
13-5
Ordinance No. 2019 -
Page 2 of 5
65867 and 65090 and the NBMC. Evidence, both written and oral, was presented to
and considered by the Planning Commission at the hearing. At the conclusion of the
hearing, the Planning Commission adopted Resolution No. PC2019-003,
recommending approval of Development Agreement No. 2018-004 (PA 2018-024)
reducing the requested extension to six (6) months to allow for continued discussions to
identify other mutually agreeable terms in exchange for potentially a longer term
extension;
WHEREAS, pursuant to NBMC Chapter 15.45, the City Council held a public
hearing on February 26, 2019, in the City Council Chambers, located at 100 Civic
Center Drive, Newport Beach, California, at which time the City Council considered the
Second Amendment. A notice of time, place, and purpose of the hearing was given in
accordance with State law and the NBMC. Evidence, both written and oral, was
presented to and considered by the City Council at the hearing;
WHEREAS, the City Council finds the Second Amendment is entered into
pursuant to, and constitutes a present exercise of, the City's police power;
WHEREAS, the City Council finds the Second Amendment is in the best
interests of the health, safety, and general welfare of the City, its residents, and the
public;
WHEREAS, the City Council finds the Second Amendment is consistent with the
General Plan Policy LU 6.1 Strategy 6.1.5 by supporting Hoag in its mission to provide
adequate facilities to meet the needs of area residents and by working with Hoag to
ensure that future development plans consider its relationship to and assure
compatibility with adjoining residential neighborhoods and mitigate impacts on local and
regional transportation systems;
WHEREAS, the City Council finds the Second Amendment consistent with
NBMC Section 15.45.040 as it includes all the necessary components including the
term, permitted uses, density and intensity of development, maximum height and size of
proposed buildings, and provisions for reservation or dedication of land for public
purposes when it adopted Ordinance 2008-10 in 2008;
WHEREAS, the City Council finds the Second Amendment is consistent with
provisions of state law (California Government Code Sections 65864-65869.5) and local
law (NBMC Chapter 15.45) that authorize binding agreements that: (i) encourage
investment in, and commitment to, comprehensive planning and public facilities
financing; (ii) strengthen the public planning process and encourage private
implementation of the local general plan; (iii) provide certainty in the approval of projects
in order to avoid waste of time and resources, and (iv) reduce the economic costs of
development by providing assurance to the property owners that they may proceed with
projects consistent with existing policies, rules, and regulations;
13-6
Ordinance No. 2019 -
Page 3 of 5
WHEREAS, in accordance with the California Environmental Quality Act
("CEQA") (Cal. Pub. Res. Code §§21000, et seq.) and its implementing State
regulations ("CEQA Guidelines") (14 Cal. Reg. §§15000, et seq.), the City of Newport
Beach prepared Final EIR No. 142 which was certified by the City in 1992. The Final
Environmental Impact Report ("EIR") No. 142 was prepared to address the potential
environmental effects associated with the Hoag Hospital Master Plan development
program. Final EIR No. 142 addressed potential environmental effects associated with
the phased reconstruction and development of the Upper Campus and the development
of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final
EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines
§15163, provided clarifications to the EIR and project, and was distributed before Final
EIR No. 142 was certified;
WHEREAS, a Supplemental Final Environmental Impact Report ("SEIR") (SCH
No. 19910071003) was prepared in accordance with the provisions of the CEQA, Public
Resources Code §§21000, et seq., and the State CEQA Guidelines, California Code of
Regulations §§15000, et seq. The purpose of the SEIR was to analyze the potential
impacts of the proposed changes to the Hoag Hospital Master Plan development
program. The City Council considered and certified the Supplemental Final
Environmental Impact Report on April 16, 2008, by adopting certain CEQA Findings of
Facts and a Statement of Overriding Considerations contained within Resolution No.
2008-27, which are hereby incorporated by reference;
WHEREAS, all significant environmental concerns for the proposed project have
been addressed in the previously certified Final Environmental Impact Report No. 142
(certified 1992) and its Supplemental Final Environmental Impact Report (certified 2008).
The proposed Second Amendment only extends the term of the agreement and does not
amend any development standards, development requirements, or mitigation measures;
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.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: The City Council hereby finds that no additional environmental
review is required in accordance with Title 14 of the California Code of Regulations
Section 15162 in that the Second Amendment will not result in (1) substantial changes
to the project, (2) there are no substantial changes with respect to the circumstances
under which the project is undertaken; and/or (3) there is no new information of
substantial importance related to the project and its impacts. The Second Amendment
13-7
Ordinance No. 2019 -
Page 4 of 5
does not amend any development standards, development requirements and/or
mitigation measures but rather merely extends the term of the Agreement for an
additional six months.
Section 2: The Second Amendment between the City of Newport Beach and
Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. 2018-
004) attached hereto and incorporated herein by reference as Exhibit "A" is hereby
approved.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 5: To the fullest extent permitted by law, Hoag 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 this Second Amendment
(Development Agreement Amendment No. 2018-004) and/or the City's related
California Environmental Quality Act determinations related to this 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 Hoag, City,
and/or the parties initiating or bringing such proceeding. Hoag 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. This Section 5 shall not in any way be
interpreted as limiting or superseding Hoag's indemnification obligations as set forth in
Sections 6.8 and 11.17 of the Development Agreement, as amended.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414, and the same shall become effective
thirty (30) days after the date of its adoption.
13-8
Ordinance No. 2019 -
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 26th day of February, 2019, and adopted on the 12th day
of March, 2019, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
DIANE B. DIXON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit "A" — Second Amendment to Restated Development
Agreement No. 5
13-9
EXHIBIT "A"
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO.5
BETWEEN
THE CITY OF NEWPORT BEACH
w
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved February _, 2019
Ordinance No. 2019-
13-10
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-65869.5)
This SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
("Second Amendment") is entered into and effective on the date it is recorded with the Orange
County Recorder ("Effective Date") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation ("City"), on the one hand, and HOAG MEMORIAL
HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation ("Hoag"), on
the other. City and Hoag are sometimes collectively referred to in this Second Amendment as
the "Parties" and individually as a "Party."
RF.CTTAT.0
A. Hoag is the fee owner of approximately thirty eight (38) acres of real property
located in the City of Newport Beach, County of Orange, State of California, located at 1 Hoag
Drive (Assessor's Parcel No.'s 423-011-30, 423-011-28), ("Property"). The Property is more
particularly described in the legal description attached hereto and as Exhibit C and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit D and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement dated February
14, 1994, for reference purposes and recorded in the Official Records of Orange County on
March 23, 1994, as document number 94-0207276 ("Agreement").
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 ("Amendment"). All terms not otherwise
defined in this Second Amendment shall have the meanings given them in the Amendment and
the Agreement.
D. Under the Agreement, the Term of the Agreement was for twenty five (25) years
and the Parties now desire to enter into this Second Amendment to the Agreement to extend the
Term another six (6) months.
E. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code ("NBMC")
Regarding Development Agreements" that amended the terms of NBMC Section 15.45 (the
"Development Agreement Statute and Ordinance"). This Second Amendment is consistent
with the Development Agreement Statute and Ordinance.
G. This Second Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General Plan's designation of the Property as "Private
Institutions - PI," and the Amendment and Agreement.
H. On January 17, 2019, the Planning Commission held a properly noticed public
hearing on this Second Amendment and considered the testimony and information submitted by
City staff, Hoag, and members of the public. On January 17, 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the Planning Commission
-1-
13-11
adopted Resolution No. PC2019-003, recommending the City Council approve this Second
Amendment.
I. In recognition of the significant public benefits that the Agreement, as amended,
provides, the City Council has found that this Second Amendment: (i) is consistent with the City
of Newport Beach General Plan as of the date of the Agreement, the Amendment, and this
Second Amendment; (ii) is in the best interests of the health, safety, and general welfare of City,
its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of,
City's police power; (iv) is consistent and has been approved consistent with the final
Environmental Impact Report (FEIR No. 142) ("FEIR") and the supplemental Environmental
Impact Report (EIR No. ER2007-003) (SCH#1991071003) ("EIR") that have been certified by
the City Council on or before the Agreement Date, which analyzed the environmental effects of
the proposed development of the Project on the Property, and all of the findings, conditions of
approval and mitigation measures related thereto; and (v) is consistent and has been approved
consistent with provisions of California Government Code section 65867 and NBMC chapter
15.45.
J. On February 26, 2019, the City Council held a properly noticed public hearing on
this Second Amendment and considered the testimony and information submitted by City staff,
Hoag, and members of the public. On , 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019-_, finding the Second Amendment to be consistent
with the City of Newport Beach General Plan and approving this Second Amendment.
AGREEMENT
NOW, THEREFORE, City and Hoag agree as follows:
1. Term of Agreement. Section 6.3 is hereby amended in its entirety to read as
follows:
"Term of Agreement. The term of this Agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2019, unless otherwise
terminated or modified pursuant to this Agreement. Any modifications to this
Agreement prior to effective certification of the City's Local Coastal Program
("LCP"), are subject to the review and approval of the Coastal Commission or its
successor agency."
2. Full Force and Effect. Except as modified by this Second Amendment, the
Agreement and Amendment, attached hereto as Exhibit A and Exhibit B, respectively, are
incorporated into this Second Amendment and shall remain in full force and effect.
3. Recitals. The Recitals set forth above are true and correct and incorporated
herein by reference.
4. Counterparts. This Second Amendment may be signed by the Parties in
different counterparts and the signature pages combined shall create a single document binding
on all Parties.
2
13-12
5. Recordation. The City Clerk of City shall record this Second Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section
15.45.100.
[SIGNATURE PAGE FOLLOWS]
Attachments - Exhibit A: Development Agreement dated February 14, 1994
Exhibit B: Amendment to Restated Development Agreement No. 5 dated June 17,
2008
Exhibit C: Legal Description
Exhibit D: Legal Depiction
3
13-13
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
CITY.
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
IN
Diane B. Dixon, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FO
By: r
Aaron C. Harp, City Attorney AM 4A%%jj1j
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guami
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
.19
13-14
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
(seal)
County of }ss.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
-5-
(seal)
13-15
It91114eul ori a D1 kzeju I-NIZM_r
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of }ss.
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of }ss.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
-6_ 13-16
EXHIBIT A
DEVELOPMENT AGREEMENT DATED FEBRUARY 14, 1994
-A1-
13-17
MUMM REQUESr PER
GMERNMEM'OODE 6103
Recording Requested By and
When Recorded Return to:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
0—
•
Aft
DOC # 94-0207276
23—MAR-1444 03:,— pn
Recorded in Official Records
of Granse County, California
Lee A. Branch, County Recorder
Page 1 of bi Fees: f 0,00
Tax: f 0.010
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
Approved February 14, 1994
Ordinance No. 94-8
RECE VEE
APR 6 1994
eft AUCL,
ft
13-18
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoag").
RECITALS. This Agreement relates to the following:
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1.1 Purpose of Agreement. This Agreement is intended to:
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag's proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and/or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
1.2 Authorization. This Agreement is authorized by, and is
consistent with, the provisions of 65864 et seq. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal Code.
1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit "B" (the "Property").
1.4 Development of the Property. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ("Master Plan", a copy of which is attached to
this Agreement as Exhibit TMC" and incorporated by reference
when appropriate), subject to the conditions and mitigation
measures identified in Environmental Impact Report No. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
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the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 Planning CommissionlCity Council Hearings. The Planning
Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed
Master Plan, and the EIR on December 5, 1991, January 9, 1992,
January 23, 1992, February 6, 1992, and February 20, 1992. The
City Council conducted public hearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11, 1992.
1.6 Consistency. This Agreement is consistent with the various
elements of the Newport Beach General Plan, the Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty-
five (25) years.
1.7 Police Power. The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents a valid exercise of,
the City's police power, and has been approved in accordance
with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City Ordinance. On February 14, 1994, the City Council adopted
Ordinance No. 94-8 approving this Agreement and authorizing the
City to enter into this Agreement. The Adopting Ordinance will
become effective on March 16, 1994.
DEFINITIONS.
2.1 The "Adopting Ordinance" refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "Agreement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian".
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2.3 "Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4 The "Approval Date" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5 All forms of use of the verb "assign" and the nouns
"assignment" and "assignee" shall include all contexts of
• hypothecations, sales, conveyances, transfers, leases, and
assignments.
2.55 "California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6 "CEOA" and the "CEOA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7 "City" refers to the City of Newport Beach, California.
2.8 "City Council" refers to the City Council of the City.
2.9 "Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10 A "day„ or "days" refers to a calendar day, unless expressly
stated to be a business day.
2.11 A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "City
Default" refers to a Default by the City, while a "Hoag
Default" refers to a default by Hoag.
2.12 The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal Commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13 The "EIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14 An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
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2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
Exhibit A: Legal Description of the Property
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17 "Existing General Regulations" means those General Regulations
approved by the -City on or before the Approval Date
(irrespective of their effective date) and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18 "Future General Regulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval
Date.
2.29 "General Regulations" means those ordinances, rules,
regulations, policies, and guidelines of the City, which are
generally applicable to the use of land and/or construction
within the City and include, the Fair Share Traffic
Contribution Fee Ordinance, Uniform Building Codes and water
and sewer connection and fee ordinances.
2.20 "General Plan" refers to the City's General Plan in effect on
the Approval Date, plus all amendments to the General Plan
adopted by the City on or before the Approval Date and
effective prior to the Effective Date.
2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non-
profit corporation.
2.22 "Includes" and all contexts and forms of the words "includes"
and "including" shall be interpreted to also state "but not
limited to."
2.23 "Master Plater" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "C").
2.24 "Mortgagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
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transaction under which all or a portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
CONDITIONS TO DEVELOPMENT.
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR;
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portions acquired by assignees.
2.25
"Notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
2.26
The "Parties" refers to the City and Hoag and a "Party" shall
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refer to either of the Parties.
2.27
"Planning Commission" refers to the Planning commission of the
City.
2.28
The "Project" refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.29
"Project Specific Approvals" means all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30
The "Property" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DEVELOPMENT.
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR;
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(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) Conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 81 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
•this Agreement.
(f) Compliance with Existing General Regulations.
3.2 Com fiance with Master Plan Conditions/Mitigation Measures.
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Hoag acknowledges that City Council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
(c) Identification of potential faults on site and
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construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic Study);
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(g) Preparation and approval of a project trip generation
study as a condition to construction of development in
Phases II and III of the Master Plan;
(h) Preparation and approval of a Traffic Phasing Ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i) Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j) Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air Quality
Management District;
(k) Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag's right to develop the Property pursuant to the Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by. the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Program EIR. Hoag acknowledges that the EIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
requests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Regulations. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
• for Project Specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are in effect at the time applications for
Project Specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4. RIGHT TO DEVELOPMENT.
4.1 Right to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project Specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
• 4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construction and Completion of Project. Subject to
the provisions of this Agreement and the Master Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction on the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. ANNUAL REVIEW.
• 5.1 City. and Hoag Responsibilities. At least every twelve (12)
months during the Term, the City shall review Hoag's good faith
substantial compliance with this Agreement (the "Annual
Review"). After the Annual Review, the City's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Either Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall be made by the
requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed,
the review shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Beach Municipal Code.
5.3 Information to be Provided to Hoag. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
• 5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the ETR. For the five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 Review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
• stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Estoppel Certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel Certificate may be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
• the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
6. GENERAL PROVISIONS.
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting Ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zone as defined by the California Coastal Act (Division
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20, California Public Resources Code, beginning with Section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed.
6.3 Term of Agreement. The term of this Agreement (the "Term")
shall begin on the Effective Date and continue for twenty-five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.4 Assignment. Hoag has the absolute right to assign (see Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
• basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) Subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
• 6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project; or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
• 6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
7. CONFLICTS OF LAW.
7.1 Conflict with State and Federal Laws and Regulations. Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations which required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f) Hoag consents in writing to the modification.
(g) Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
Section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25%) of the maximum permitted development.
PUBLIC BENEFITS,/BBACTIONS.
8.1 Public Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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Plan and this Agreement confer benefits on the public and
nearby
residents by imposing long term restrictions on the
height,
amount and location of development as well as the
public
improvements described in Section 8.2.
8.2 Exactions. Hoag shall, as a condition to the right to develop,
do the
following:
(a)
Prior to commencement of development, irrevocably offer
to dedicate and grade the proposed linear and
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consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The City shall ensure that
adequate erosion control measures are implemented prior
to construction.
(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Master Plan, or the EIR, Hoag shall
• deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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9. DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in West Newport to park land and public
recreation facilities proposed in conjunction with
development of the West Newport oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement by ten percent (l0%) or
more from that authorized in the Master Plan.
9. DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
15
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a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
9.2 Option to Institute Legal Proceedings or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 Waiver. Failure or delay in giving Notice of Default shall not
waive a Party's right to give future Notice of the same or any
other Default.
9.5 Default by Hoaq. If the City alleges a Hoag Default, the City
shall conduct a hearing utilizing the Annual Review procedures
required by this Agreement before the City may commence legal
proceedings to terminate this Agreement.
9.6 Default by the City. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
16
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obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the City.
�0.0 ENCUMBRANCES AND RELEASES ON PROPERTY.
10.1 Discretion to Encumber. Hoag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 Entitlement to Written Notice of Default. Any Mortgagee and
its successors and assigns, upon written request to the City,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoag is provided with Notice
pursuant to Section 9.1.
11.0 MISCELLANEOUS PROVISIONS.
• 11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
17
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To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: City Manager
To Hoag: Hoag Memorial Hospital Presbyterian
301 Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Barman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforced -Delay; Extension of Time of Performance. Neither Party
shall be deemed to be in Default where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
unforeseen circumstances, litigation, or similar bases for
• excused performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 Severability. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
18
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Agreement shall become void. For purposes of this Section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of Sections 3, 4 and 8 are
deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
• all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
Commission or its successor agency.
11.6 Incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and Instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
• actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assigns. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 Construction of Agreement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the State of California. This
Agreement is not intended to impermissibly contract away the
19
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legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the Official Records
of Orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Legal Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
correct, or remedy any Default, to enforce any provision of
S this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of Orange, state of California, or in the
Federal District Court in the Central District of California.
11.16 Attorneys' Fees. In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
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Date: -9y 1994 CITY OF NEWPORT BEACH
77 By�/
Clarence urner, Mayor
Date: March 9 , 1994 HOAG MEMORIAL OSPIT/RElSBYTERIAN
• By:I JAI
1
Albert J. A e
Chairman of t e Board
L
Am
wb\hoagd94.fn1
1/21/94
21
13-39
Exhibit A
LEGAL DESCRIPTION
The subject property is the following real property in the City of Newport Beach, County
of Orange, State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in
Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page
• 88 of Miscellaneous Maps, Records of Orange County, California.
Parcel 2:
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map
recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange
County, California.
F-1
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03 ' ( 1 cr+ l� Lam__,_ _N
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13-41
•
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
. Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26, 1992
Ask
Exhibit C
13-42
TABLE OF CONTENTS
•
I.
Introduction
H.
General Notes
III.
Definitions
IV.
Development Plan
V.
District Regulations
VI.
Sign Program
VII.
Parking Program
VIII.
Landscape Regulations
IX.
Site Plan Review
�l
J
May 26, 1992
Page
Number
1
2
4
6
11
20
22
24
27
i
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•
•
Aft
EXE[IBITS
1. Planned Community Development Plan
2. Internal Circulation
3. Development Criteria
1. Statistical Analysis
2. Parking Requirements
May 26, 1992
TABLES
Page
Number
7
9
15
10
23
ii
1
I. INTRODUC TION
Background
• The Hoag Memorial Hospital Presbyterian Planned Community District in the City of
Newport Beach has been developed in accordance with the Newport Beach General
Plan. The purpose of this Planned Community District is to provide a method whereby
property may be classified and developed for hospital -related uses. The specifications
of this District are intended to provide land use and development standards supportive
of the proposed use while ensuring compliance with the intent of all applicable
regulatory codes.
•
The Planned Community District includes district regulations and a development plan
for both the upper and lower campuses of Hoag Hospital. In general, over the long
term, the upper campus will become oriented primarily towards emergency, acute and
critical care (predominantly inpatient) uses and the lower campus will be developed with
predominantly outpatient uses, residential care and support services.
Whenever the regulations contained in the Planned Community text conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in the
Planned Community text shall take precedence. The Municipal Code shall regulate this
development when such regulations are not provided within these district regulations.
All development within the Planned Community boundaries shall comply with all
provisions of the Uniform Building Code and other governing building codes.
May 26, 7992
13-45
II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
02. Development of the subject property will be undertaken in accordance with the
flood protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council
Policies K-5 and K-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments.
5. All buildings shall meet Title 24 requirements. Design of buildings shall take into
account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and utility vaults, excluding
• communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
May 26, IM 2
13-46
8. Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. 5. Prior to issuance of any building
permits it shall be demonstrated to the satisfaction of the Planning Department
. that adequate sewer facilities will be available. Prior to the occupancy of any
structure it shall be further demonstrated that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall he allowed provided that
landscaping of exposed slopes shall be installed within 30 days of the completion
of grading.
•
May 26, 1992
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13-47.
III. DEFINITIONS
Building Elevation:
1. a vertical distance of a building above or below a fixed reference Ievel,
i.e., MSL (mean sea level).
• 2. a flat scale drawing of the front, rear, or side of a building.
Building Envelope: the volume in which a building may be built as circumscribed by
setback lines and maximum allowable building heights.
Building Height: the vertical distance measured from the finished grade to the
highest point of the structure. At all points, the height measurement shall run with the
slope of the land.
Emer en Room:. a service and facility designated to provide acute emergency medical
services for possible life threatening situations.
Fast Aid: low acuity medical treatment for non -life threatening situations.
General Plan: the General Plan of the City of Newport Beach and all elements thereof.
Grade: for the purpose of determining building height:
1. Finished - the ground Ievel elevation which exists after any grading or
other site preparation related to, or to be incorporated into,
a proposed new development or alteration of existing
• developments. (Grades may be worked into buildings to
allow for subterranean par)ing.)
2. Natural - the elevation of the ground surface in its natural state
before man-made alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: hospital patient services which require overnight stay.
Landscape Area: the landscape area shall include on-site walks, plazas, water, rooftop
May 26, 1992 4
13-48
•
landscaping.and all other areas not devoted to building footprints or vehicular parking
and drive surfaces.
Mean Sea Level: a reference or datum mark measuring land elevation using the
average level of the ocean between high and low tides.
Outpatient Uses: hospital patient services which do not require overnight stay.
Residential Care: medically -oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site Area: for the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Special Landscaped Street: West Coast Highway is designated as a special landscaped
street, containing special landscape requirements.
Streets: reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
May 26, 1M 5
13-49
IV. DEVELOPMENT PLAN
Proiect Characteristi
The upper campus of Hoag Hospital is located on a triangular site of approximately
1757 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
. north and existing residential developments (the Versailles and Villa Balboa/Seafaire
condominiums) to the west. The lower campus is located north of West Coast Highway,
south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1.
From 1990 to 2015, many of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies.
The Development Plan includes a 0.8 acre view park adjacent to the bike trail between
the lower campus and the Villa Balboa/Seafaire Condominiums. This view park
includes a twenty -foot wide linear park area adjacent to the bike path (approximately
OS acres) and a consolidated view park at the westerly edge of the property (approxi-
mately 0.3 acres). A bike trail connection is also provided between the existing bike
trails at the northern and southern boundaries of the lower campus. Access to the lower
campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
• Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital related
uses. Instead, a developable area is identified based on the regulations established for
this Planned Community District. Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan.
May A 1992
F_ —I
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1 0 0
LEGEND
II IIIc . I AREA OF DEVELOPMENT
coAsr _ wynrArT
I fl n
PLANNED COMMUNITY DEVELOPMENT PLAN EXHIBIT,
HOAG MEMORIAL HOSPITAL PRESBYTERIAN mq*:m
13-51
The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development cap is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profile provided in
isthe statistical analysis. For example, if changing hospital needs necessitate the
development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as long as a corresponding adjustment in square
footage and trip generation for another use were to occur.
C7
This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis (Table 1) as long as the development limit (i.e., square feet) or
the trip generation limit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded.
Adjustments to the Development Plan may be allowed if the total square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded.
May 26, IM
8
13-52'
LEGEND
®
PRIMARY ACCESS (SIGNALIZED)
®
SECONDARY ACCESS
SERVICE ACCESS
PUBLIC CIRCULATION
STAFF 1 SERVICE CIRCULATION
wanrAr
•
VEHICULAR ACCESS EXHIBIT
-ZHOAG MEMORIAL HOSPITAL PRESBYTERIAN ®,1 :� N:.2
1 Full development of the upper and lower campuses is anticipated to occur over an approidmate 20 -year period and will likely occur
in three, seven-year phases.
2 Up to 50% of the erdsting upper campus may be redeveloped by master plan buildout.
3 Based on development allowed under the General Plan ata floor area ratio to gross site area of .65 for the lower campus and 1.0
for the upper campus Building Bulk limit for the lower campus is 0.90 for all structures which includes above grade covered parking.
May 26, 1992
Ask
10
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13-54
Table 1
STATISTICAL ANALYSIS'
T1sg
,Square Feet
Lower Campus
Eidsting:
Outpatient Services (Hoag Cancer Center)
65,000
Child Care
7,800
•
Subtotal:
72,800
Phase I:
Outpatient Services
115,000
Support Service
55,000
Administrative
30,000
Subtotal:
200,000
Phases II & III:
Subtotal:
305,089
Total Lower Campus
577,889
Upper Campus
Existing .
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
.
Subtotal:
140,000
Phases II & III:
145,349
Total Tipper Campus
765,349
GRAND TOTAL
1,343,2383
1 Full development of the upper and lower campuses is anticipated to occur over an approidmate 20 -year period and will likely occur
in three, seven-year phases.
2 Up to 50% of the erdsting upper campus may be redeveloped by master plan buildout.
3 Based on development allowed under the General Plan ata floor area ratio to gross site area of .65 for the lower campus and 1.0
for the upper campus Building Bulk limit for the lower campus is 0.90 for all structures which includes above grade covered parking.
May 26, 1992
Ask
10
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13-54
•
•
ANk
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital -related uses which fit into the five permitted use
categories are allowed by definition. Prior to the issuance of a building permit, plot
plans, elevations and any other such documents deemed necessary by the Planning,
Building and Public Works Departments shall be submitted for the review and approval
of the Planning, Building, and Public Works Departments.
A- Permitted Uses
1. Lower Campus
a) Hospital facilities, including, but not limited to:
May 26, 1992
i. Outpatient services:
•
Antepartum Testing
•
Cancer Center
•
Skilled Nursing
•
Rehabilitation
•
Conditioning
•
Surgery Center
•
Clinical Center
•
Day Hospital
•
Back and Neck Center
•
Biofeedback
•
Breast Imaging Center
•
CT Scan
•
Dialysis
•
EEG/EMG/NICE Laboratory
•
First Aid Center
•
Fertility Services
•
G.I. Laboratory
•
Laboratory
•
Magnetic Resonance Imaging
•
Nuclear Medicine
•
Occupational Therapy
•
Pediatrics
•
Pharmacy
•
Physical Therapy
•
Pulmonary Services
it
13-55
•
Radiation Therapy
•
Radiology
•
Respiratory Therapy
•
Sleep Disorder Center
•
Speech Therapy
•
Ultrasound
ii. Administration:
•
Admitting
•
Auxiliary Office
•
Business Offices
•
Information
•
Registration
•
Patient Relations
•
Social Services
iii. Support Services:
•
Employee Child Care
•
Health Education
•
Power/Mecbanical/Auxiliary Support and Storage
•
Food Services
•
Cashier
•
Chapel/Chaplaincy Service
•
Conference Center
♦
Dietitian
•
Gift Shop
•
Laboratory
•
Medical Library
•
Medical Records
•
Pharmacy
•
Engineering/Maintenance
•
Shipping/Receiving
•
Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
•
Substance Abuse
•
Mental Health Services
•
Extended Care
•
Hospice Care
•
Self or Minimal Care
•
Congregate Care
May 26, 1992
12
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1
V. Medical/Support Offices
b) Methane gas flare burner, collection wells and associated system
May X IW2 13
r.
13-57
components.
c)
Accessory uses normally incidental to hospital development.
d)
Temporary structures and uses, including modular buildings.
•
2. Upper Campus
a)
Hospital facilities, including, but not limited to:
i) Inpatient uses:
• Critical Care
• Emergency Care Unit
• Birth Suites
• Cardiology
• Cardiac Care Unit
• Intensive Care Unit
• Mother/Baby Unit
• Surgery/Waiting Rooms
• Radiology
• Laboratory
• Pharmacy
ii) Outpatient services as allowed on the lower campus
•
iii) Administrative uses as allowed on the lower campus
iv) Support services as allowed on the lower campus
v) Residential care as allowed on the lower campus
vi) Heliport (subject to Conditional Use Permit)
b)
Accessory uses normally incidental to hospital development.
c)
Temporary structures and uses, including modular buildings.
May X IW2 13
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13-57
B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maximum Building_ Height
• The maximum building height of all buildings shall be in accordance with Exhibit 3
which established the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the
existing tower (235 feet above mean sea level).
2. Upper Campus Midrise Zone - maximum building height not to exceed
140 feet above mean sea level.
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (57.5 feet above
mean sea level).
• D. Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominiums, as defined below:
May 26, IM
Ask
a) Upper campus western boundary setback shall be the prolongation
of the westerly edge of the existing cafeteria/laboratory building to
the points of intersection with the easterly curb line of the existing
service drive, then continuing along said line of the existing service
drive.
b) Lower campus northern boundary, all of which will have a 20'
minimum building setback.
14
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13-59
2. The setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet.
May 26, 1992
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall he subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet.
The setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet.
In addition, vertical articulation shall be required for buildings westerly of
the signal for buildings within 150 feet of the West Coast Highway
frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such,a manner as to result in an average
2nd floor setback of 55 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet.
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width. Additional-
ly, 20% of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
16
13-60
10% of the linear length of height zones A and B as viewed from the
existing bicycle/pedestrian trail, exclusive of that area adjacent to the
consolidated portion of the view park, shall be maintained as view
corridors between buildings.
These requirements may be altered for individual buildings, if requested
by the hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the boundary with CalTrans east
0 property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided
along Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to minimise light spillage and glare to the adjacent residential uses.
The plans shalt be prepared and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which
. illustrate that major mechanical equipment will not be located on the roof of any
structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G. signs
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
May X 1992
17
13-61
L Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIII.
I Mechanical and Trash Enclosures
• Prior to issuance of a building permit, the project sponsor shall submit plans to the City
Planning Department which illustrate that all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
K Intemal Circulation
1. Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campus service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) during working
hours (i.e. 7:00 am. to 8:00 p.m.), signage to restrict use of the road by
Hospital employees, physicians, patients and visitors during non -working
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (Le. scheduled and routine deliveries) on the
weekends.
This restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
issuance of the grading permit. If such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
• that requests for specified vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. If operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
2. The lower campus service road shall include provisions for controlled
access to limit usage to physicians and staff, and service vehicles.
May 26, 1992
Ask
18
13-62
L. Loading Dock
Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the project sponsor shall implement an acoustical and/or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area.
• The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the Ioading
dock area by that addition.
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation implica-
tions of enclosing the loading dock area. If enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required. Any enclosure required pursuant to this requirement may encroach
into any required setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
May 26, IM 19
•
�J
VI. HOAG HOSPITAL SIGN PROGRAM
A. Purse and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on -building, may be illuminated or non -illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional
and safe with regard to appearance, structural integrity and electrical
service.
4. Allstreet signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L
C. Number of Signs Allowed
May 26, 1992
One (1) double-faced primary identification ground -mounted sign or two
single faced gateway entry signs shall be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Total maximum signage area
shall not exceed two hundred (200) square feet and shall not exceed ten
(10) feet in height per sign and street frontage. This sign may occur as a
wall sign, to be located upon a project boundary perimeter wall, subject
20
13-64
to the same number and area maximums described above. This sign may
also occur as part of an entry gateway system.
2. Secondary identification signs shall be allowed. This sign type shall not
exceed a maximum height of 48" average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Maximum sign area shall not
• exceed thirty-five (35) square feet. This sign may occur as a wall sign to
be located upon a project boundary perimeter wall, subject to the same
number and area maximums described above.
0
3. Vehicular and pedestrian directional signs shall be allowed. This sign type
may occur as a single -faced or double-faced sign. This sign type shall
occur with the sign suspended between two upright supports having the
same depth (thickness) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation. The elevation facing west (Villa Balboa
property line) may not be illuminated.
S. On the lower campus, one (1) building -mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa/Seafaire property. Such signs will be no higher than the roof
line of the building upon which they are mounted.
May 76,1992
21
13-65
VII. HOAG HOSPITAL PARKING REGULATIONS
A General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking
may be on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review
• and approval of the city Traffic Engineer and the Public Works Depart-
ment.
•
3. Parking lot lighting shall be developed in accordance with City standards
and shall be designed in a manner which minimizes impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential area. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met. The lighting
plan shall be subject to review and approval of the city Planning
Department.
B. Requirements for Offstreet Parking
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement.
Nby is, IM
22
i
13-66
Table 2
PARKING REQUIREMENTS
Use Category
Parking Requirements
Outpatient Services
2.0 spaces/1,000 square feet'
Support
1.0 spaces/1,000 square feet`
Administrative
• Residential Care
4.0 spaces/1,000 square feet'
1.0 spaces/1,000 square feet'
Medical Offices
4.0 spaces/1,000 square feet'
Inpatient
1.25 spaces/1,000 square feet"
' Parking requirements are based on a study performed by DKS Associates in May,
1987.
Parking requirement is based on current Hoag Hospital parking demand.
May 26.1992
23
13-67
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
AGeneral
1. Detailed landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect, shall be reviewed by the
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a building permit
• and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may include a concept for the roofs and the parking
structures. Trees shall not be used, but a planter box or trellis system
shall be designed to provide visual relief of parking structures. All
landscaping shall conform to the building height limits established in this
text.
2. Parking lot trees shall be no less than fifteen (15) gallon size.
3. Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4. Every effort should be made to avoid using plants with invasive and
shallow root systems.
5. Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided.
6. Trees in parking lots should be limited in variety. Selection should be
• repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7. Heavy emphasis shall be placed on the use of drougbt-resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
B. Maintenance
1. All planting areas are to be kept free of weeds and debris.
2. lawn and ground covers are to be kept trimmed and/or mowed regularly.
May 26, 1992
24
13-68
3. All plantings are to be kept in a healthy and growing condition. Fertiliza-
tion, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
5. Stakes, guys and ties on trees should be checked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
stems.
6. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A 15' building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed in the
setback area. Parking areas shall be screened from view of West Coast Highway with
landscaped berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and
shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped
in a similar manner. Tree size to be no less than twenty-four (24) inch box.
D. Villa Balboa landscape Zone
The area between the Villa Balboa/Hoag property line and the loading dock service
• access road shall be landscaped except for any driveway, walkway, or other hardscape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
E. Parkipig Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area. Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berming and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
May 26. 1992 25
13-69
0
0
A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments. Rooftop landscaping shall
conform to height restrictions.
may x IM
26
13-70
IX. SITE PLAN REVIEW.
A Purpose
The City Council finds that development on the West Coast Highway frontage of the
lower campus of Hoag Hospital may have the potential to affect the aesthetics of the
West Newport area as viewed from surrounding arterial roadways. The effect of this
section is to establish a Site Plan Review requirement by the Planning Commission for
certain individual projects which are proposed by the hospital to differ from the setback,
horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital.
B. Fmdin&5
The City finds, determines and declares that the establishment of Site Plan Review
procedures contained in this section promotes the health, safety, and general welfare of
the community by ensuring that the development of Hoag Hospital proceeds in a manner
which will not result in inadequate and poorly planned landscape areas, excessive
building bulk on arterial roadways, inappropriate placement of structures and
impairment of the benefits of occupancy and use of existing properties in the area.
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or
building permit for any new structure or the addition to an existing structure which does
not conform to the provisions of Section V.13.2.
D. Plans and Diagrams to be Submitted
is
The following plans and diagrams shall be submitted to the Planning Commission for
approval:
1. A plot plan, drawn to scale, showing the arrangement of buildings,
driveways, pedestrian ways, off-street parking and off-street loading areas,
landscaped areas, signs, fences and walks. The plot plan shall show the
location of entrances and exits, and the direction of traffic flow into and
out of off-street parking and loading areas, the location of each parking
space and loading space, and areas for turning and maneuvering vehicles.
The plot plan shall indicate how utility and drainage are to be provided.
May 26, 1992 27
13-71
•
•
2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear
upon completion.
6. Any other plans, diagrams, drawings or additional information necessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City
with each application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section B, in order to carry out the
purposes of this chapter as established by said section, the site plan review procedures
established by this Section shall be applied according to and in compliance with the
following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood
and surrounding sites and shall not be detrimental to the orderly and
harmonious development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality
of the project as viewed from surrounding roadways and properties, with
special consideration given to the mass and bulk of buildings and the
streetscape on West Coast Highway;
May 26, 1992
M-1
13-72
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
is
prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing.
H. Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission
shall approve the development. Conditions may be applied when the proposed
development does not comply with applicable standards and shall be such as to bring
said development into conformity.
If the development is disapproved, the Commission shall specify the standard or
standards that are not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by
the City Council either by appeal, or upon its own motion, or upon the request of the
Commission. The action of the Commission on any Site Plan Review shall be final and
effective twenty-one (21) days following the Commission action thereon unless, within
the twenty-one (21) day appeal period an appeal in writing has been filed by the
applicant, or any other person, the Commission has requested a review of its decision,
or unless the City Council, not more than twenty-one (21) days after the Commission
action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm,
reverse or modify the decision. Such action by the City Council shall be final.
May 26, IM 29
13-73
•
Any Site Plan Review decision of the Commission may be appealed to the City Council
by the applicant or any other person, at any time within twenty-one (21) days after the
date of the Commission decision. An appeal to the City Council shall be taken by filing
a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth
the grounds upon which the appeal is based and shall be accompanied by a fee as
established by Resolution of the City Council.
J. Action by the City Council
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the Commission. The decision of the City
Council is final.
K EWiration and Revocation of $ite Plan Review Approvals
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of
such Site Plan Review are violated or if any law or ordinance is violated
in connection therewith.
• 3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten days
prior to the hearing, and shall submit its recommendations to the City
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
F.\...\Planning\PCrE MHOAGHOSP
May 26,1992
30
13-74'
s
IT
1 A ,
rat`'d .,a.•r..:._�-�i.4Qtid..ta ��_ __ _�..•..-jr���,: a-�. �.uMlMlrt
EXHIBIT D
��LQppel. CL't�lTIPI�+A7E -
Data Requested:
Date of Certificate:
On , the City of Newport Beach approved the 'Dei
Agreement Between the Cky of Newport Beach and Hoeg Memorial
Presbyterlen" (the "Development Agreementl.4'
This Estoppel Certificate aer1lo that, ens of the "Date of Certificate' set forth n
• CHECK WHERE APPUCABLF
•
1. The Development Agreement remains btrtding and eftecfte;
Z The Development Agreement has not been amended;
3. The Development Agreement has been anwnded In the folk
respects:
4. Neither Hoag not eny of its successom are M
defeat under the Development Agreement;
& The fdbwbg deteults exist under the Development Agreement:
This Estoppel Celt ce may be relied upon by any ft*"e or mortgagae
Merest In the property which Is subject of the Deveiopnnerrt Agreement
CITY OF NEWPORT BEACH
BY:
NAME_
TYRE:
am 12=1
EMIBIT D
U0
13-76'
EXHIBIT B
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
DATED JUNE 17, 2008
:a
13-77
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P_O. Box 1768
Newport Beach, CA 92659-1768
EXErr jj q��+ s p { p�
G ; 1, i' ixi� a � E 27 bj
This Document was electronically recorded by
ER Cert Mail D
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder pppp����pp
®�111111� NO FEE
2008000289321 12:36pm 06/17/08
120 33 A17 56
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
EXEMPT FROM FILING FEES CAL. GOVT CODE & 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
Cll`►ff
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
0'.
FINAL
5/16/08 10001.34
H&O. #F58720 vi
13-
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
EXEMPT FROM FILING FEES CAL. GOVT CODE 4 6103
(Space above this line for Recorder's use)
EXEMPT RECORDING REQUEST PER
GOVERN EW CODE 27333
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
j THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
FINAL
5116108 10001.34
H&O: #58720 A
13-
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
("Amendment") is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date") by and between the City ofNewport Beach (hereinafter "City") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag").
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
1.9 Hoag Property. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit `B"
(the "Property").
1.10 Hoag Healthcare Services. Hoag is a modern, state-of-
the-art acute care, not-for-profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag Community Benefit Programs. In addition to
providing state-of-the-art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
burnoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through disease prevention and wellness and health
promotion, especially for those vulnerable and disadvantaged
populations.
.J� FINAL
5/16/08 10001.34
H&A: #58720 A
FINAL
5116108 10001.34
H&O: #58720 vl
1. 12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ("City Council') certified the Hoag Hospital
Master Plan Final BIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ("Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
("P.C. Text") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage ofBuildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1.14 Development Agreement No. 5. On May 26, 1992, the
City Council adopted Ordinance No. 92-4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63-0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94-8 approving
an Amendment and Restatement of Development Agreement No. 5
("Restated Development Agreement") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 94-0207276-
1. 16
4-0207276_
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C. Text to provide that certain non -occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
N
13-8'
Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated DeveIopment Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ("P.C. Text") to, among
other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ("FAR") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(e) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
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(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Plannine Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5, 1991, January 9, 1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23,1992, March 30,1992, April 13, 1992 and May 11,
1992.. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16,2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
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661.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
4
this Amendment and :authorizing the City to enter into this
Amendment. The adopting ordinance will become effective on June
12, 2008."
3. Section 2.1 ofthe Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94-8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement' refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "ETR" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit "C'), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
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"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
5
1
8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
114.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
.,. the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
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"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
(:
11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the EIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
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"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things,. the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
7
13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one-half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one-half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance of the first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit "C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay -for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ("Priority Public Improvements").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
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13-8;
offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales/Use Tax Origin, to read as follows:
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"8.3 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales/use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filingthe tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
0
Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of $100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
tax to the City. Upon request of the City, Hoag will
provide City on a semi-annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six-month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share ofsales/use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset View Park Improvements, to read as follows:
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5/16108 10001.34
H&O: #58720 A
"8.4 Hoag shall reimburse the City up to $ 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
10
1
16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
daily between November lst and April 30th, between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
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H&O: #58720 A
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
11
1
with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614-7321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
4t,µ FINAL
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H&O: #58720 A
"11.17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag 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 this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this 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 Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
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. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
12
13-9'
l! 19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008-10
May 13,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all of the other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
21. In the event there is any conflict between anyprovision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page follows]
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5/1610iblOH 1000134
H&O: #58720 A 13
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
ATTEST:
,/ 4U/ V "Yr -y r o d -I
v ` r
LWonne Harkless, City Clerk
21VED AS TO FO
FG r Robin Clauson, City Attorney
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5/16/08 10001.34
H&O: #58720 A
CITY:
THE CITY OF NE RT B ASH, a municipal
corporation of t tate of ali rriia
By:
Edwar D e ich, or
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nprofit public
benefit coll ti
By:
Richard F. Afab , M.D.
President and CE
(All Signatures to be Notarized)
14
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State of California
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County of r
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personally appeared #i�iilf{�
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Name(s) of Sgner(s)
who proved to me on the basis of satisfactory evidence to
1.EILAM 1. BROWN
be the person* whose names) is/are subscribed to the
Commisslon # 1633477
a6 Notory Pubitc
within instrument and acknowledged to me that
- CaGtorrup
orange county -
he/she*executed the same in hisllwA4heir authorized
MyComm. En*63.lon25.201a
CapaCi ty(tes), and that by his/herAhak signatur*) on the
instrument the person(st, or the entity upon behalf of
which the persons) acted, executed the instrument.
tERAfJf I. i1ROWN
I certify under PENALTY OF PERJURY under the laws
convyamM # 1633477
CoNforrho
of the State of California that the foregoing paragraph is
HOS?Ubft'
true and correct.
Orange County
NAyCwnm. Fxpiea 1an25,20i
WITNESS my hand and offici i seal.
{ 1
Signatures �--
L--'� Place Notary Seal Above
Signa t reotT461aryPtrUic
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Document Date:
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Signer's Name:
❑ Individual
0Individual
Corporate Officer — Title(s):
L Corporate Officer — Title(s):
0 Partner —0 Limited O General _
G Partner — C Limited 0 General
i✓ Attorney in Fact
0 Attorney in Fact
•
0 Trustee
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CJ Trustee
Top of thumb here
v Guardian or Conservator
Guardian or Conservator
0 Other:
❑ Other:
Signer is Representing:
Signer Is Representing:
®2007 National Notary Association- 9350 De Soto Ave., PO.8ox2402 -Chatsworth, CA 91313-2402 •vnotv.Ne6onaiNotary.org Item #5907 Reorder., Ca llo6-Free 14=-876-M27
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CERTIFICATE OF ACKNOWLEDGMENT
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(Here insert name end title of the officer)
personally appeared R i Q_ tAAd 4.PA W
who proved to me on the basis of satisfactory evidence to be the person(A) whose namam subscribed to
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
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can 11561848
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EXHIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City of Newport Beach, County of Orange,
State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block 1 of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 of Miscellaneous Maps, Records of Orange County,
California.
Parcel 2:
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5/16/08 10001.34
H&O- #58720 W
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
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EXHIBIT C
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted May I3, 2008
Ordinance No. 2008-9
Effective June 12, 2008
C-1
1
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
kms....
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
to FINAL, Hoag PC.
1
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE OF CONTENTS
13-10(
Page
Number
I.
INTRODUCTION
1
I II.
I
GENERAL NOTES
2
1 f III.
DEFINITIONS
3
IV.
DEVELOPMENT PLAN
S
V.
DISTRICT REGULATIONS
10
VI.
HOAG HOSPITAL SIGN PROGRAM
21
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
1
FINAL Floag PC 041808a. DOC
13-10(
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District .Regulations
LIST OF EXHIBITS
LIST OF TABLES
I. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL_Hoag_PC_04180&LDOC
13-10
Page
Number
1.
PLANNED COMMUNITY SITE AND BOUNDARY MAP
7
2.
VEHICULAR ACCESS
8
3.
DEVELOPMENT CRITERIA
14
4.
PROPOSED SOUND WALL LOCATION PLAN
19
5.
LOADING DOCK AREA LOCATION
20
6.
LANDSCAPE MATRIX
32
7.
LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN
33
8.
COAST HIGHWAY LANDSCAPE SCREEN
34
LIST OF TABLES
I. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL_Hoag_PC_04180&LDOC
13-10
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
`t
1. INTRODUCTION
Backaround
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital -related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
FINAL Hoag_PC_041808a.DOC
13-1
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K-4
and K-5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any.fire equipment and accAss shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
FINAL HoaS_PC 04I80Ba.DOC
2
13-1
..... ......
......
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
I11. DEFINITIONS
Building Elevation:
1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
BuildingEnvelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergen2y Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy;and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City of Newport Beach and all elements thereof..
Grade: For the purpose of determining building height:
L Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
FINAL Hnag_PC_041808aDOC 3
13-1
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically -oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
.1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
�771,�
6'
FINAL Hoa&_PC_041808a.DOC 4
13-1
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IV. DEVELOPMENT PLAN
Proiect Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital -related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
coag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH41991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
PINAL_HOag PC 04I808a.DOC 5
13-1
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
i
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
FINAL Hoag_PC_041808a.DOC
6
13-10)
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PLANNED COMMUNITY SITE AND BOUNDARY MAP EZU18a
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.2°
REVISED 01.22.08
7
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L
13-109
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAx><mum ALLOWABLE: 1,343,238 SQUARE -FEET
' As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL_Hoag_PC 041808a.DOC 9
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existing'_
Remaining
a
U
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. ft.
67,228 sq. ft.
990,349 sq. ft, s
x
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862,815 sq. ft.
577,889 sq. ft.
188,149 sq. ft.
389,740 sq. ft.
577,889 sq. ft.
W
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1,618,164 sq. ft.
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.3
O
' As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL_Hoag_PC 041808a.DOC 9
Hoag Memorial Hospital Presbyterian Planned Comvwn4 Development Criteria and District Regulations
I
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list. Other
hospital -related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
1. Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(l)
EEGIEMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
F1NAL Hoag PC_041808aDOC
13-111
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
(2)
Administration:
(a) Admitting
(b) Auxiliary Office
(c) Business Offices
(d) Information Desk
(e) Registration
(f) Patient Relations
(g) Social Services
(3)
Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/Mechanical/Auxiliary Support and Storage
(d) Food Services
(e) Cashier
(f) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
`-.
(j) Laboratory
(k) Medical Library
(1) Medical Records
(m) Pharmacy
(n) Parking Facilities4
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4)
Residential Care:
(a) Substance Abuse
(b) Mental Health Services
(c) Extended Care
(d) Hospice Care
(e) Self or Minimal Care
(f) Congregate Care
(5)
Medical/Support Offices
" Parking structures or decks do not count toward square -footage
FINAL_Hoag_PC _041808a. DOC
13-11,
Ifoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
0) Pha:,.,acy
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(S) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
S Does not count toward square -footage
t
/ FINAL_ Hoag_PC_fl41808aDOC 12
13-11::
Hoag Menwrial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
I. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
TINAI._4oag PC_041808a.DOC
13
13-11,e
HEIGHT
335' ABOVE NIMH SEA LEVEL
MIDWSE ZONE MAXIMUM BUILDING HEIGHT
140' AVM MEAN SEA UVEI.
PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA
IBM, V=SfVE OF ELEVATOR TOWER
LOWER CAMPUS ZONES
LOM CAMPUS ZDNE- SUB - ARMSAB,CF, ANDD- NO BUILDING SHALL
EXCEED THE HEIGHT OF THE EXISTING SLOPE OR THE
RAKE OF MAXIMUM RUILDW HEIGHTS INDICATED
mp- BIJI&DING NOW SUB AREAS SUB - AREAS 0 AND E- MAXIMUM BUILDING HEIGHT
IYPICAL RAW OF VALWA 57.5 fEErABOVE MEAN SEA LEVEL
KIGHT, ABOVE PROPOSED GFIAOZS
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DEVELOPMENT CRITERIA PLAN
HOSPITAL ROAD
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NORTH
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100 0 100 200
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SCALE: 1"-200'
REVISED 0
14
13-
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the lst floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd .Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one -hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the lst floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
(D FINAL Noas PC 041808a.DOC 15
13-11f
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd FIoor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two -hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one -hundred fifty (150) feet of West Coast .Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six -hundred (600) feet south; a twenty-
five (25) foot setback from property Iine shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
F1NA1 _Hoag PC 041808a.DOC
16
13-11
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
G. Suns
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
1. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties,
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
F1NAL_Hoag PC 041808a.DOC 17
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Hoag Memorial Hospital Presbyterian Planned Camnucnity Development Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
DockArea Location, for the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM-10 PM IOPM-7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL_Hoag_PC 04I808a DOC 18
13-11f
13-12(
LEGEND t
:�
Existing Fence.
�. V_
Property line .
Fvri.
Easer fent Line
��ja�*`
- — — — — — — 18.5' High Wall;
( ` \ ;1vvk. '
23' High Wall
' V _ '. c^�
\
— — 17,1 High Wall
> ,..
::.
................ 14' HIgh Wall
. ': • i :. :. NOTE: Sound Wallis approximately 470 Linear Feet.
"ti \
Sound Wall height measured from
adjacent roadway surface.
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SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN A013,2008
0 40 so
EXHIBIT 4
13-12(
UPPER CAMPUS
NOWALRM
PROPERTY TINEAS IDENTIFIED IN SECTION M.I., DISTRICT REGULATIONS A
cp
LOADING DOCK AREAAS IDENTIFIED IN SECTION MI., 0JSnICt REGULATIONS
A
wam saunwON
ww
aw
amm 3032*111Amw
mm
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0,
AV
Imumum r
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17
UPI cow
WON
ig
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E
. . . . . . . . . . . . . . . . . oQ. NORTH
Z. cam
LOWER CAMPUS
-Z
zz-
100 0 100 200
---F --J
Note: Buildings labeled forldmOcabonpmTom only SCALE:1"-200'
LOADING DOCK AREA EXPIJ
VHOAG MEMORIAL HOSPITAL PRESBYTERIAN 02.&.0
8
20
13-121
Hoag Menmrial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VI. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on -building, may be illuminated or non -illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L.
5. .For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double-faced _primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
FINAI,_Hoag_K_041808a.DOC
21
13-1
Hoag Memorial ,Hospital Presbyterian Plmuied Community Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction, Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (11) feet average height above finished grade.
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
r]NAL_Haag_PC 041808a.DOC
22
13-1
floag Memorial Hospital Presbyterian .Planned Community Development Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
TABLE 2
PARKING REQUIREMENTS
Use Category
Parking_ Requirements
Outpatient Services 2.31 spaces/1,000 square feet (1)
Support 0.0 spaces/1,000 square feet (1)(2)
Administrative 5.3 spaces/1,000 square feet (l)
Residential Care 1.0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 2.35 spaces/1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
P1NAL_Hoa&_PC_041808aD0C 23
13-1
Noag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
1. Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure --
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (S) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
- S. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over -watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit 47 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and 48. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
FINAL_Hoag_PC 041808a.DOC
24
13-1
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
Stakes; guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
F[NAL Hoag_PC 041808a.D0C 25
13-1
Hoag Memorial Hospital Presbyterian Planned Conununity Development Criteria and District Regulations
shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parkin$ Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
FINAL Hoag PC 041808 -DOC
26
13-12;
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
t
IX. SITE PLAN REVIEW
A. Pu ose --
TiL_ Council finds that developl;:,,it on the Lower Campus of Hoag l4ospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub -section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
1. Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
Replacement of existing cooling towers; exeeI34 fef easw4t�-
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Pian Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section IX.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
F1NAL Hoag PC 041808a -DOC
M
13-1
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any Iandscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
rJNA[._HOag_KC 041808a.DOC
28
13-1
iloag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulatioas
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Reauired Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed -notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
1:4. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve
the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be. such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (21) days after the Director's action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
1. Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission shall
approve the development. Conditions may be applied when the proposed development does not
comply with applicable standards and shall be such as to bring said development into conformity.
F1NA1,_Hoag_PC_04 ! 808a.DOC 29
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and D&Nct Regulations
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
Appeal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shal I be accompanied by a fee as established by Resolution of the City Council.
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
L. Expiration and Revocation of Site Plan Review Approvals
Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Alan
Review are violated or if any law or ordinance is violated in connection there
with.
Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
F1NAL_Hoag_PC_041808a.DOC 30
13-13'
Location
Area
Description
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Status
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04/1412M
Exhibit #8 33
13-134
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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
ordinance, being Ordinance No. 2008-10 as 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 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14tb day of May 2008.
(Seal)
06��d2-
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA ]
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH ]
I, LAVONNE M. HAR.KLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008-10 has been duly and regularly published according to law and the
order of the city Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2008.
In witness whereof, I have hereunto subscribed my name this day of
2008.
City Clerk
City of Newport Beach, California
13-1
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88
of Miscellaneous Maps, Records of Orange County, California.
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13-136
EXHIBIT D
LEGAL DEPICTION OF PROPERTY
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Attachment B
Hoag Statement of Benefits
13-142
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
hoa One Hoag Drive, PO Box 6100
Newport Beach, CA 92658-6100
January 25, 2019
Mr. Seimone Jurjis
Community Development Director
City of Newport Beach
100 Civic Center Drive Newport Beach, CA 92660
����Iveo ey
COMMUNITY
DEVELOPMENT
FEB 0 4 2019
CITY OF
N1�1`411-ORT BEPG
Robert T. Braithwaite
President and Chief Executive Officer
949-517-3141
Fax: 949-764-5746
Robert.Braithwaite@hoag.org
RE: Hoag Memorial Hospital Presbyterian
Development Agreement Adopted April 22, 2008 - Ordinance No. 2008-10 Extension Request
Dear Mr. Jurjis:
I wanted to share with you some updated financial/community benefits information that was not included in
the original letter we sent to you dated April 25, 2018. As the original letter discussed on January 31, 2018,
Hoag formerly submitted a request for an extension of our existing Development Agreement. During
Sanford Smith's follow-up meeting with you and Jim Campbell on March 14, he reviewed the many non-
profit community benefit activities in which Hoag participates, including the Toshiba Classic (renamed the
Hoag Classic beginning this year) and the tremendous benefits Hoag brings to the community of Newport
Beach.
Based on that discussion, you suggested we summarize in a written overview those attributes and benefits.
This letter retains the information presented in our first letter, and as I mentioned above, provides some
new pertinent details that further underscore Hoag's major ongoing contributions and proud service to the
local community
Proudly Serving the Community for More Than 65 Years
For more than 65 years, Hoag Memorial Hospital Presbyterian has proudly served the residents of Newport
Beach and surrounding communities from our flagship hospital at One Hoag Drive. While respected
throughout the world for our compassionate care and leading-edge medical programs and services, we
remain at heart a community hospital that has tended to the health care needs of generations of Newport
Beach families.
We strongly believe our relationship with the local community has produced, and will continue to produce,
many public benefits. It is with this heritage and history in mind that we begin our Development
Agreement Extension discussions. As those important discussions get underway, we wanted to take a few
minutes to review some of the significant public benefits Hoag Memorial Hospital Presbyterian contributes
to the City of Newport Beach and its residents.
Few cities can rightfully claim, as Newport Beach can, to have one of the finest hospitals in the nation in
their own backyard. Hoag was the highest ranked hospital in Orange County in both the 2018-2019 and
2017-2018 U.S. News & World Report `Best Hospitals' rankings.
Page 1 of 9
Hoag Hospital Newport Beach Hoag Hospital Irvine
One Hoag Drive 16200 Sand Canyon Avenue
Newport Beach, CA 92663 Irvine, CA 92618
www.hoag.org
13-143
Five Institutes of Excellence Deliver World -Class Care
Our five Institutes of Excellence have received national awards for outstanding clinical care in the areas of
Cancer, Heart and Vascular Disease, Women's Health, Neuroscience and Orthopedics. Using the most
advanced imaging equipment, sophisticated robotic -surgery technology, and other pioneering tools and
procedures, we are not only saving lives but enabling a higher quality of life for the people of Newport
Beach and their neighbors.
From cutting-edge Alzheimer's research that is allowing people to live without the debilitating effects of
memory loss, to a world-class diabetes center that has turned a one- time killer into a manageable chronic
condition, to internationally renowned cancer programs, and unsurpassed pre- and post -natal services for
new families, Hoag offers an unrivaled level of health care for the community.
Community Benefit Program Supports Local Needs
Our collaboration with community organizations, including nonprofits and charities, has inextricably
intertwined Hoag with the City of Newport Beach and its residents. This commitment and accompanying
spirit of collaboration result in an enormous annual financial benefit to the community. Every year, Hoag
contributes significant money and resources as part of the Hoag Community Benefit program, partnering
with more than 70 local community organizations to improve access to health care to vulnerable
populations.
Following are just a few examples of these public benefits and community partnerships:
OASIS Senior Center
Since 2014, Hoag has contributed more than $2 million to the OASIS Senior Center, a vital resource that
offers educational, recreational, cultural and social services aimed at helping the community's older adults
enjoy enriched, active and independent lives. As just one example of the programs and services these funds
help make possible, Hoag contributes $100,000 for transportation services to and from the center. The
importance of these and other services that assist Newport Beach's elderly residents cannot be overstated:
Currently, more than 13 percent of Orange County's population is 65 or older; by 2040, nearly one in four
residents will be in that age category, according to the 2016 Orange County Healthy Aging Initiative.
Melinda Hoag Smith Center for Healthy Living
The Melinda Hoag Smith Center for Healthy Living is another important example of how Hoag's
community partnerships directly benefit children, the elderly and the infirmed. Not only did Hoag help
raise the substantial philanthropic funding needed to establish the Center, but it is contributing directly to
the Center's partners. In fact, to date Hoag has directed, via the Center, more than $5 million in
philanthropic funding that is enabling the Center's many community partners to continue to provide their
vital wellness and education services to local families and individuals who otherwise would not have access
to them. One of many examples includes a $40,000 grant to NAMI (National Alliance on Mental Illness)
Orange County for mental health education and outreach.
Outreach to local schools
Hoag's efforts on behalf of local schools and the children they serve have been a tremendous source of
healing for children and their families. Since 2014, Hoag has directed more than $1.74 million to local
schools. Meanwhile, since 2013, Hoag has contributed more than $567,000 to Newport -Mesa Unified
School District's HOPE Clinic, which provides vaccines and health information to children in the district.
Hoag also contributed $10,000 to the Newport -Mesa Schools Foundation in Grants to Teachers.
Page 2 of 9
13-144
In addition to these and other grants and programs, Hoag also brought to the district ASPIRE (After School
Program: Intervention and Resiliency Education), an intensive outpatient program for adolescents, ages 13-
17, with primary mental health disorders and possible co-occurring substance abuse challenges. The
evidence -based and outcomes- driven program guides teens and their families through an eight-week
curriculum of training in stress management, resiliency, interpersonal communication, mental health and
substance abuse education.
Project Wipeout
For nearly 40 years, Hoag and Newport Beach lifeguards have collaborated on Project Wipeout, a beach
and water safety education program created after Hoag physicians noticed an increased incidence of spinal
cord injuries in the Hoag Newport Beach Emergency Department. Each year, thousands of residents,
tourists and beach safety service providers are educated about injury prevention, including rip current
safety and escape, marine animal behavior and safety, best practices in the water, and sun protection.
Hoag Classic Brings Community Partnership to the 'Fore'
Each year, more than 450,000 people come to our flagship medical center in Newport Beach for their
health care needs, generating significant hotel, dining and tourism dollars for the city. The city receives
additional revenues from Hoag -related activities as well.
To be sure, Hoag plans, hosts and/or sponsors an exceptionally wide range of events that benefit the
community throughout the entire year. These include continuing medical education programs and seminars,
physician -led educational events, highly focused local donations and community event sponsorships, all
with the goal of enhancing the overall health and well-being of local residents. Combined, they generate
more than $35 million in regional economic benefits.
A prime example of these efforts is the annual Hoag Classic (formerly known as the Toshiba Classic),
which attracts 80,000 patrons who fill city hotel rooms and frequent local restaurants and businesses - not
to mention the $1 million in charitable donations to 45 local charities every year since 1998, when Hoag
began managing the event. Not surprisingly, the all-star event has gained renown as Orange County's
premier charity fundraiser. The tournament at Newport Beach Country Club has raised more than $19
million since it began, and over the years its proceeds have significantly impacted the way the event's
beneficiaries are able to help others in our community.
Since 2011, the Mary & Dick Allen Diabetes Center at Hoag has been a major beneficiary of the Hoag
Classic's proceeds. Currently, 30 million Americans deal every day with diabetes, while another 86 million
are at increased risk for developing the life -changing condition, making the Classic and the major proceeds
it generates more important for the community than ever.
On the following pages, we invite you to celebrate with us the ways Hoag has helped shape the health,
wellness and identity of Newport Beach. In so many ways -- with each patient who walks through our
doors, with each community organization with whom we partner, with every advanced health care
procedure we pioneer -- Hoag makes Newport Beach, and those who call it home, better.
It is our sincere hope that these contributions, amenities, collaborations and public benefits are top -of -mind
as we continue to discuss the Development Agreement Extension. We believe the agreement offers Hoag
and the city the flexibility and capability of evolving to help meet the needs of the community and its
residents for years to come.
Page 3 of 9
13-145
Sincerely,
Robert T. Braithwaite
President and Chief Executive Officer
Attachments
Page 4 of 9
13-146
Major Projects in Planning
• Main Operating Platform - Complete renovation of the West Tower Operating Room Platform
incorporating cutting edge technology and robotics in generously sized operating rooms.
• Breast Care Center - These improvements will incorporate new cosmetic finishes and fixtures as
well as replacement MRI and TOMO imaging equipment/technology.
• North Building - Major improvements to one of the earliest buildings on campus will include the
complete seismic upgrade as well as the renovation of floors two and three, including acute care
space and general office/administration support space.
• Cancer Center - Responding to the needs of our community the Hoag Infusion Center, located on
the second floor will soon be under a complete renovation - doubling in size with state of the art
amenities. Additionally, the lobbies, cafe and third floor will undergo significant renovations, both
cosmetic upgrades and program enhancements.
Major Active Projects
• Acute Care Rehabilitation, Tenant Improvements and Rehab Garden - A 20,000 square foot,
18 -bed Acute Rehabilitation facility was recently opened on the third floor of the West Tower -
along with an Acute Care Garden designed specifically for those patients to be seen in this new
setting.
• PACU / Brain & Spine OR's - A new 12 -bay PACU is now seeing patients and the new Brain &
Spine OR's are under construction to provide state of the art technology and robotics in a
generously sized OR environment.
• Women's Pavilion Cosmetic Renovation - After twelve years in service, floors 4 thru 7 are
undergoing a major renovation in Fixtures, Finishes and Equipment, enhancing the patient and
family experience.
• There are approximately 50 small to medium sized projects underway continuously, as we work to
improve the environment for patients, visitors and staff here at Hoag Newport Beach.
Hoag Family Cancer Institute
Named one of 100 Hospitals and Health Systems with Great Oncology Programs by Becker's Hospital
Review, Hoag treats more than 3,300 new patients annually.
Pioneering New Treatments through Developmental Therapeutics. For patients not responding to
standard treatments for advanced cancer, a drug in an early phase clinical trial may offer new hope for a
positive outcome. Traditionally, these early phase "developmental therapeutic agents" were available only
through clinical research trials in specialized cancer centers. Hoag Family Cancer Institute's exceptional
reputation, as well as its alliance with USC Norris Comprehensive Cancer Center, positioned it perfectly to
develop a program that offers our community promising new therapeutic agents still in the early phase of
development. Philanthropy has made possible a new era of research at Hoag that provides Orange County
residents with comprehensive treatments for cancers such as lung, head and neck, pancreatic, ovarian,
colon and breast, including lymphoma, melanoma and more.
Active Surveillance. Hoag now has the only comprehensive, research -based active surveillance program
for prostate cancer in Orange County. Unlike many other types of cancer, there are indolent forms of
prostate cancer that do not always require treatment. Funded in part by philanthropic dollars, active
surveillance is employed in these cases so that a man can avoid the potential risks and complications
associated with aggressive therapies. During fiscal year 2017, 40 men were enrolled in active surveillance
and made positive wellness decisions that have helped them lose weight and decrease their chances of
developing advanced prostate cancer.
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Anita Erickson Pancreatic Cancer Early Detection Program. Pancreatic cancer is the fourth leading
cause of cancer death in both men and women in the United States. Typically, pancreatic cancer is
identified at stage four when nothing can be done, but if we can proactively monitor these patients and
detect the cancer at an early stage, we can successfully surgically remove the tumors and increase survival
rates. Hoag established Orange County's first clinical research study and early detection program that
assesses and monitors individuals at higher risk of developing pancreatic cancer. In its first year, the Anita
Erickson Pancreatic Cancer Early Detection Program enrolled 12 patients who had strong family history of
pancreatic cancer or who were genetically identified through labs, imaging and testing as being at higher
risk to develop the disease. As part of the program, individuals also submit their information to be part of a
registry shared by similar organizations in the nation. This database will help clinicians across the country
to better understand this complex disease and how to effectively treat and manage it.
Hoag's Melanoma and Advanced Skin Cancer Program. Hoag is the first hospital in Orange County to
provide comprehensive melanoma early diagnosis and care. FotoFinder, a life- changing technology funded
by donor support, scans the entire skin surface of the body and takes high-resolution images that are stored
so physicians can compare photos from past visits to detect changes for early detection of melanoma for
high-risk patients. In the first year, Hoag scanned 245 patients, discovering 19 early stage melanomas and
16 pre -melanomas.
Hoag Family Cancer Institute Financial Bridge Program. Thanks to a significant gift, patients who are
financially impacted by their cancer treatments are given assistance with living costs such as gas, groceries,
rent and mortgage payments. This level of support can help relieve stress and allow for greater healing to
take place.
Jeffrey M. Carlton Heart & Vascular Institute
Offering pioneering surgical techniques including minimally invasive heart surgery, intraoperative ablation
for treatment of arrhythmia, beating heart surgery and heart bypass, Hoag attracts patients from across the
county, the state and the nation. The Society of Thoracic Surgeons placed Hoag in the highest category for
quality and successful outcomes, a rating achieved by only 10 percent of hospitals nationwide. Recently,
the Jeffrey M. Carlton Heart & Vascular Institute at Hoag was named one of the 50 Top Cardiovascular
Hospitals in the nation by Truven Health AnalyticsTM, and named by Women's Choice Award® as one of
America's Best Hospitals for Heart Care for five consecutive years.
Most Advanced Cath Labs on the West Coast. Annually, as many as 4,000 patients come to Hoag for an
array of procedures to diagnose and treat heart and vascular conditions including cardiac arrhythmias, such
as atrial fibrillation and supraventricular tachycardia (SVT). The facilities and technological upgrades,
which were completed in November 2016, allow for greater efficiency, increase physician and staff safety
and provide greater imaging capabilities, allowing for more complex procedures. For example, a major
software upgrade greatly increased the quality of imaging. Cardiac Catheterization Lab (Cath Lab) teams
now have the capability to overlay echocardiography and angiographic images to create a 3D view of a
patient's heart. Additionally, upgrades ensured greater safety for physicians, nurses and staff who work in
the cath labs daily. They are now exposed to much less radiation - as much as 70% less - and have a more
spacious and comfortable break room to rest between procedures. The break room also has an audiovisual
system that allows them to host trainings on new technology, educational workshops and presentations.
Transcatheter Aortic Valve Replacement. Hoag was among three hospitals in Southern California to be
selected - and the only community hospital - to participate in the clinical trial to establish the safety and
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effectiveness of Transcatheter Aortic Valve Replacement (TAVR) in patients who are at low risk of
complication during Surgical Aortic Valve Replacement (SAVR). Previously, only patients that could not
survive open-heart surgery were eligible for TAVR. This study gives low-risk patients access to TAVR.
Hoag was selected as a site for this study due to the presence of research study nurse coordinators and its
advanced facilities, all provided by philanthropy. The TAVR procedure at Hoag is a team effort that
includes cardiac surgeons, cardiologists, interventionalists, cardiac anesthesiologists, echo cardiologists and
a nurse coordinator which is performed in the state-of-the-art Bob & Marjie Bennett Advanced
Cardiovascular Surgery Suite, the first operating room of its kind in Orange County.
Melinda Hoag Smith Center for Healthy Living
Established in May 2016, with 10 nonprofit co -located partners, the Melinda Hoag Smith Center for
Healthy Living delivers a cohesive, one-stop, welcoming environment for the complex needs of the
community. Ninety percent of maintaining good health is determined not by health care itself, but rather by
"social determinants of health" that create barriers to healthy living. The Melinda Hoag Smith Center for
Healthy Living community partnerships address these key health determinants by caring for the person
rather than the patient. During 2017, the Center more than tripled its partnerships — now totaling 36 — and
continues to grow. Partnerships include Orange County's Public Law Center, Second Harvest Food Bank,
Council on Aging, and Orange County Bar Foundation's diversion programs Short Stop and Stop Short of
Addiction, among many others. Together, partner organizations tallied 41,728 patient encounters in fiscal
year 2017.
The Mary & Dick Allen Diabetes Center
Hoag is now the third highest volume provider in Orange County dedicated to helping patients with, or at
risk for, diabetes. The Mary & Dick Allen Diabetes Center at Hoag has also gone out into the community to
provide education and outreach. Its physician leaders and team of caring staff strive to be lifelong partners
in good health to our neighbors, friends and loved ones living with diabetes. Primarily supported by
philanthropy, the center is preparing for the next evolution of research, education, prevention and care that
is culturally inclusive and encompasses a focus on emotional well-being.
Education Research. Donor support allows Hoag to offer culturally nuanced prevention, education and
care. In 2017, Hoag researchers discovered that a cohort of Hispanic women with gestational diabetes were
more likely than white or Asian women to have a cesarean section and had more emergency room visits
during pregnancy. Asian Indian women were different from Chinese women in terms of how they
understood and addressed gestational diabetes as well as their outcomes. This information is informing how
clinicians respond to their patients and work in partnership with Orange County's diverse community to
improve outcomes.
Viviendo Saludable Study. This pilot study is currently underway and will assess the feasibility and
efficacy of a diabetes prevention program with a special focus on addressing psychosocial needs of those at
risk for diabetes.
Hoag Orthopedic Institute
The highest volume orthopedic hospital in California, Hoag Orthopedic Institute (HOI) is ranked nationally
by U.S. News & World Report for Orthopedic Care. Hoag Orthopedic Institute has been rated High
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Performing for Hip Replacement and Knee Replacement, and Hoag was recognized by Consumer Reports
as a "Highest -Rated Hospital" for knee and hip surgery for 2016, making HOI one of only eight hospitals in
California to be recognized. Designated by CMS a 5 Star Hospital Quality Rating, HOI is the only hospital
in the OC and only one of two in OC/LA to receive this designation.
Physician Philanthropists. In addition to providing renowned medicine, the committed physicians of
Hoag Orthopedic Institute provide significant donations to research, education and community programs
that directly benefit the people of Newport Beach. HOI physicians have donated more than $774,000 in
gifts since the inception of Hoag Orthopedics to support research and education. HOI physician support
covers roughly 10 percent of the Hoag Orthopedics operating budget for research and education programs.
And HOI physicians generously give back to the community in myriad ways, including Dr. Carlos Prietto,
who serves as volunteer team physician for Mater Dei High School.
Pickup Family Neurosciences Institute
Hoag ranked High Performing in Neurology and Neurosurgery by U S. News & World Report, and Hoag
was named one of the 100 Hospitals and Health Systems with Great Neurosurgery and Spine Programs for
2018 by Becker's Hospital Review. Hoag received the Get With The Guidelines®- Stroke Gold Plus
Quality Achievement Award from the American Heart Association. For the seventh year, Hoag received
the Gold Plus Quality Achievement Award and, for the first year, the Target: Stroke Honor Roll -Elite
acknowledged Hoag for its commitment to providing the highest standard of stroke care according to
nationally recognized guidelines based on the latest scientific evidence. Hoag Hospital Newport Beach was
certified as a Comprehensive Stroke Center, making Hoag the second DNV GL certified hospital in
California and the first hospital in Orange County to receive this accreditation. Hoag earned Level 3
Epilepsy Center Designation by the National Association of Epilepsy Centers (NAEC) for 2016-2017.
CareChex ranked Hoag the number three hospital in California for major neurological surgery. And
Healthgrades recognized Hoag for superior outcomes in stroke treatment with the Stroke Care Excellence
Award.
Fudge Family Acute Rehabilitation Center. Until now, stroke patients have had to leave Hoag for
continued residential post -acute rehab. The same is true for those with brain injuries and other conditions
that require longer-term rehabilitation. With the help of significant support from donor Gary Fudge, Hoag
started construction of the Fudge Family Acute Rehabilitation Center. In 2017, Hoag discharged over 400
patients to outlying acute rehabilitation centers with no Hoag oversight for a critical period of recovery.
Now patients come to the Fudge Family Acute Rehabilitation Center, which was constructed in unused
clinical space on the third floor in the north tower of Hoag Hospital Newport Beach and opened in 2018.
Alzheimer's Disease. Hoag is on the forefront of Alzheimer's disease research, treatment and education.
Among its many services, the Orange County Vital Brain Aging Program offers in-person memory
assessment at four locations around the county, including Pickup Family Neurosciences Institute at Hoag in
Newport Beach and Oasis Senior Center in Corona del Mar. Hoag is a leader in providing education and
treatment that delays the onset of dementia. And Hoag physician researchers have recently discovered that,
for certain patients with a specific diagnosis, taking the "medical food" CerefolinNAC® for at least two
years could help delay the effects of Alzheimer's disease in the brains of patients according to a study
published in the Journal of Alzheimer 's Disease.
Addiction Treatment & Recovery. SolMar Recovery, a component of Hoag Addiction Treatment Centers
(HATC) integrated within Pickup Family Neurosciences Institute at Hoag, opened in 2015, welcoming
patients whose addiction was destroying their lives. Insurance limitations and financial challenges
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prevented care for many of these patients elsewhere, but philanthropy from the Marisla Foundation
provided scholarships for female patients to participate in recovery training activities, deepening their
.understanding of the disease of addiction, and providing the tools and strategies needed for a sustainable
recovery. A Family Education Group was added every Wednesday night to help patients learn appropriate
and healthy ways of coping with stress, improve communications and change behavior patterns.
Hoag Women's Health Institute
Hoag Women's Health Institute has been recognized as a Center of Excellence in Minimally Invasive
Gynecology (COEMIGTM) and has been named by Becker's Hospital Review as a Top 100 Hospital with
Great Women's Health Programs. The hospital is designated as a Certified Baby-FriendlyTm Birth Facility
with a Level IIIA Neonatal Intensive Care Unit. And it was named by Women's Choice Award® as one of
America's Best Hospitals for Obstetrics.
Maternal Mental Health Support Pilot Project. With the financial support of an anonymous donor, Dr.
Patricia De Marco Centeno launched a six-month Maternal Mental Health support line in November 2016.
This pilot included a call center staffed by a part-time case manager for physicians and callers to get access
to available mental health resources in the community. The case manager also performs follow-up calls to
postpartum patients that may be at risk for behavioral health issues and helps with physician outreach and
education about Perinatal Mental Health. Thanks to support from the Legacy Foundation, we have been
able to extend the support line beyond the six-month pilot.
Hoag Breast & Ovarian Cancer Prevention Program. Under the leadership of Dr. Heather Macdonald,
Hoag is elevating the standard of care for women whose genes place them at increased risk of developing
breast or ovarian cancer. By drawing together a multidisciplinary team of experts in meditation, fitness,
nutrition and sexual and mental health, the new program educates and empowers high-risk women
throughout the community. The Hoag Breast & Ovarian Cancer Prevention Program works in collaboration
with HERA (Hoag's Early Risk Assessment) and HERA Under 40 including Lisa Abaid, M.D.,
gynecologic oncologist and member of Hoag's Gynecologic Robotic Surgery team, Nirav Savalia, M.D.,
director of Oncoplastic and Aesthetic Breast Surgery, and Patricia De Marco Centeno, M.D., director,
Women's Mental Health Program.
Labor/Delivery/Recovery Simulation Drill. Studies show programs using computerized, interactive
human simulators boost positive patient outcomes and safety. While academic hospitals routinely conduct
simulation drills for physicians, it's rare for community hospitals to provide this training to their medical
teams. Thanks to philanthropic support, Hoag's Simulation Drill Program prepares clinicians for the
unexpected. The drills allowed Hoag to streamline communications with the lab, improve the hemorrhage
cart for the Mother Baby Unit and identify medicines and specific equipment necessary for real-life
emergency situations.
Obstetrics Emergency Department (OB -ED). Hoag was the first hospital in Orange County to create an
Emergency Department specifically for obstetrics. The OB -ED has three full-time and two part-time
laborists - an obstetrician who works full-time in a hospital - and two nurses to ensure expert care is
available around the clock for expectant mothers in need of immediate care. This service contributes to a
growing trend nationwide that helps increase access to specialists and improves patient outcomes. Since its
opening, over 200 patients per month have presented to Hoag's OB -ED for complications of pregnancy
including diabetes, preeclampsia, bleeding, etc. and evaluation and treatment of conditions such as nausea,
vomiting, headache, and urinary tract infections.
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Attachment C
Hoag PC text
13-152
HOA G MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
FINAL Hoag_PC_041808a.DOC
13-153
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE OF CONTENTS
FINAL Hoag_PC_041808a.DOC
13-154
Page
Number
I.
INTRODUCTION
I
II.
GENERAL NOTES
2
III.
DEFINITIONS
3
IV.
DEVELOPMENT PLAN
5
V.
DISTRICT REGULATIONS
10
VI.
HOAG HOSPITAL SIGN PROGRAM
21
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
FINAL Hoag_PC_041808a.DOC
13-154
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
LIST OF EXHIBITS
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7
2. VEHICULAR ACCESS 8
3. DEVELOPMENT CRITERIA 14
4. PROPOSED SOUND WALL LOCATION PLAN 19
5. LOADING DOCK AREA LOCATION 20
6. LANDSCAPE MATRIX 32
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 33
8. COAST HIGHWAY LANDSCAPE SCREEN 34
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL Hoag_PC_041808a.DOC
13-155
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
I. INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital -related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
FINAL Hoag_PC_041808a.DOC
13-156
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K-4
and K-5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
FINAL Hoag_PC_041808a.DOC
2
13-157
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
III. DEFINITIONS
Building Elevation:
1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Envelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy;and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City of Newport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
FINAL Hoag_PC_041808a.DOC
3
13-158
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically -oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
FINAL Hoag_PC_041808a.DOC
0
13-159
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IV. DEVELOPMENT PLAN
Proiect Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital -related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
Hoag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH#1991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
FINAL Hoag_PC_041808a.DOC 5
13-160
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
FINAL Hoag_PC_041808a.DOC
6
13-161
210 PARIS LANE
210 ULUE LANE 230 UWE LANE
s�snncw war - -
UPPER CAMPUS
_J 1E POWER
" PLANT
�O
fa
2
LOADING DOCK {UnderBulldIng) ANLDIWRY
NG
BUILDING
1
WEST
BLDG
260CAGNEYLAN
MAIN LOADING DOCK ,
2 70 CAGNEY LANE 28OCAGNEYLANE ,
f-
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AN
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S C:E.h
-YARD_
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•
SURFACEPAR KING C H- CARE. •� PARKING CANCER
CENTER
PROPERTY UNE'•J'
I CHILDCARE
`• .. -� - OFFICES
_
PACIFrc
LOWER CAMPUS
Nate: Buildings labeled for identification purposes only
CONFERENCE fQ4GDRlVE
CENTER
-Csr soft Q .� CQ er—,
CENTER r -.
1 PARKING j.•
81GHWAY 1 TRUCTURE
N45PfTACROAD —"—"—
..HOAG DRIVE ��--==6 NORTH PARKING
t, STRUCTURE
I
.. .. ' NEMiCAL. _ r7
EPENDAN 1
E(iIE ,J
L NO
WOMEN'S PAVILLION
ORIGI NAL 1952 0 UILDI NF
SOUTH HOAG DRIVE
SOUTH
l.. _ PARKING
STRUCTURE
1 m
1 it
-
NORTH Z 4
NORTH
1-
100 0 100 200
SCALE: I"=200'
PLANNED COMMUNITY SITE AND BOUNDARY MAP EXHIBIT 1
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.24.07
REMISED 01.22.08
13-162
LEGEND
%:Q PRIMARY ACCESS (SIGNALIZED)
OSECONDARY ACCESS
DPRIMARY ROADWAYS
OSECONDARY DRIVEWAYAND SERVICE
6210PA,R,I,S LRRE
210UWELANE 230UWELANE
COG
PLAHT
LOADING DOCK (Under Building)
MAIN LOADING DOCK
270 CAGNEY LANE
f HOSPITAL ROAD
_- PLAmncw
' PLANT r�
�+ HOAG DRIVE • 1: S NORTH PARKING r
p STRUCTURE
` EPENUAN
�► ANCILLARY ■ �7 ++.
BUILDING NO 1 1
��► WOMEN'S MILLION
WEST
1
BLOG + '
260CAGNEYLAN ► +
,% ORIGINAL 1952 BUILDING
' 0
J SOUTH H0AG 10RIVEr r I 2
280 CAGNEY LANE ,
SOUTH
GATED FIRE ACCESS PARKINGAIR '
r'.. " ' / STRUCTURE �.
o _ SURFACE r
SURFACE PARKING I C I E. PARKING CANCER J
:� CENTER �: i
"_.. ti01
PROPERTY LINE ' � . Alft__—
..-�.• � V°+ f MpOplgR CH4LDpARE j.
~ 4 r f OFFICES
i
PACIFIC
• �. CENTER ENCS • ' _:jj. i •---- nrGVf' �. • praN
COAST sOF � CENTER ~? ,°" �4 �' ` NORTH
UTi1- CONFERENC��--,
TW
PARKING
yrGylyAY'� i J
u
100 0 100 200
Note: Buildings labeled for identification purposes only SCALE: 1"=200'
VEHICULAR ACCESS EXHIBIT2
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.20.07
REVISED C 1.22.08
13-163
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET
' As of the date of adoption.
2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL Hoag_PC_041808a.DOC
X
13-164
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existing'
Remaining
U
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. ft.
67,228 sq. ft.
2
990,349 sq. ft.
w
a
U
862,815 sq. ft.
577,889 sq. ft.
188,149 sq. ft.
389,740 sq. ft.
577,889 sq. ft.
O
1,618,164 sq. ft.
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.3
O
' As of the date of adoption.
2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL Hoag_PC_041808a.DOC
X
13-164
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list. Other
hospital -related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(1)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
FINAL Hoag_PC_041808a.DOC
10
13-165
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(f)
Patient Relations
(g)
Social Services
(3) Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/Mechanical/Auxiliary Support and Storage
(d) Food Services
(e) Cashier
(f) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
0) Laboratory
(k) Medical Library
(1) Medical Records
(m) Pharmacy
(n) Parking Facilities4
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(5) Medical/Support Offices
4 Parking structures or decks do not count toward square -footage
FINAL Hoag_PC_041808a.DOC
13-166
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
0) Pharmacy
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)5
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
5 Does not count toward square -footage
FINAL Hoag_PC_041808a.DOC
12
13-167
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
FINAL Hoag_PC_041808a.DOC
13
13-168
UPPER CAMPUS ZONES
TOWER ZONE- MAXIMUM BUILDING HEIGHT
235' ABOVE MEAN SEA LEVEL
MIDRISE ZONE- MAXIMUM BUILDING HEIGHT
140' ABOVE MEAN SEA LEVEL
PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA
LEVEL, EXCLUSIVE OF ELEVATOR TOWER
LOWER CAMPUS ZONES
LOWER CAMPUS ZONE- SUB - AREAS A, B, C, F, AND G- NO BUILDING SHALL
EXCEED THE HEIGHT OF THE EXISTING SLOPE OR THE
RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED
BUILDING HEIGHT SUB AREAS SUB - AREAS D AND E - MAXIMUM BUILDING HEIGHT
TYPICAL RANGE OF BUILDING 57.5 FEET ABOVE MEAN SEA LEVEL
HEIGHT, ABOVE PROPOSED GRADES
TYPICAL RANGE OF MAMMUM 10% of Frontaga along Unear w wide Linear Vlewpark
BUJLDING HEIGHTS, MEAN SFA LIAU (MSL) Viewpark within Zones A and 5 .52 Acres (22480 5-F.)
AVERAGE SLOPE ELEVATION Shall Provide Open Yew
Comdom Between Buildings
S Yrewpark
(2368 S -F-) 210 PARI5 LARE .�
21DLILLIELANE ELANE
--"-fel
• TnEw wpK 4
•�
6�
3 g r
47 � ���fff F .-- � aMsci
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i97j_'_PLANT. PLANT. - -----------� E 9
1 �J-..J [631 (+
A.
PROPERTY
IO' Wniroum Bulk" Setback
Akag Shaet FrorRaga
NOk r NiRV . .
S _ ` HOSPITAL RO.AD
.�
l PLANT.
NORTH PARKING r
p . UCTGRE r .
J
LOADING DOCK (Under Building) 0. ANCILLARY V i
BIUILDING i r
Wost Edga W the V -i f% f .
Analiary &MrQ Shall r f
Censotute the Minimum Semack -
along the Wast Propetytire �-:
2v Mlnimut SYildl 260 CAGNEYLANY
Satack ,... 0
` Q
MAINLOADINGDOXK
0
A 0
270 CAGNEY LANE 28O CAGNEY LANE
1.1 j
SURFACEPARKING
SURFACE
L'PARKING
B. kR
�MIDU�i'
i
cHl l Ocnt:F
R
PAQF►D31
-
r-
(531� (si)
—
CONFERENCE
��
CENTER
asr s ,�
45' Minimum 8uiyerg Setback
Flus Articulation at 55' and e
Along S 89 Frontage West of
Soulh Entry 81011 r4
---.--- --- T-- =77 : =-..
39'E
GA1'EO FIRE ADCESS
o. 37.3 ' \
t 137.5)
f
t CANCER
t e CENTER �• E7[18rfdG
t t
f
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! •'
� 1
a 32 ,I. . .I Z5' Minimum
Str FtFI ron�tage
F4n •l tr _ _ ypR1VE //�}4 ' 4 P9ZR
�t'' CONFERENCE�.N���w '�xR9ZR
----
PING
11-11.
TRLIL'R1RE
20' "'imam
BuRdxg
Selgack Along
Sheet FraRage
M Minimum
W101%
+Setback Along
Street Frantaga
NORTH
.I .
100 O 100 200
15' Mlnirnwn Building sw'lk
Plus Ar6ctdabon at 29 and 28'
Nate: Buildings labeled for identification purposes only Souuth ong Er" fron age Eas[af
SCALE:1II_ —200t
DEVELOPMENT CRITERIA PLAN EXHIBITS
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.20.07
REVISED 01.22.08
13-169
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one -hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
FINAL Hoag_PC_041808a.DOC
15
13-170
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two -hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one -hundred fifty (150) feet of West Coast Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six -hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
FINAL Hoag_PC_041808a.DOC
16
13-171
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
G. Signs
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parking
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
J. Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
FINAL Hoag_PC_041808a.DOC 17
13-172
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
Dock Area Location, for the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
AM — 10 PM 10 PM — 7 AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL Hoag_PC_041808a.DOC
18
13-173
1
176.5 � J
1 A5PH. 1 CON +
175
' x64,5X�
X
1 � o
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LEGEND
Existing Fence
Property Lin
Easement Lin
------��\18.5'High Wal
� 3' High Wall
— — — — 11,',High Wall
................ 14'\High Wall
NOTE: Sound Wall is approximately 470 Linear Feet.
' Sound Wall height measured from
adjacent roadway surface.
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SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN April 3, 2008
EXHIBIT 4 13-174
LEGEND
PROPERTY LINE AS IDENTIFIED IN SECTION M.1., DISTRICT REGULATIONS
LOADING DOCK AREA AS IDENTIFIED IN SECTION M.2., DISTRICT REGULATIONS
g10Pll
f
Kw
AN
1
=• 1 - LIp01W1
UPPER CAMPUS
HOSPITAL RMD
ANCIL1ARY
t' BUIL M 1q
WOMEM'SPAYMLON
WEST f j
s. BLDG
260CAGNEYLANE j
A�BIiIE�)�� �i .. .. OR101NAL1982B6� �� J
memmLAZE
COMFEREWE if0y
CENTER
MCAGMEYIAME
to
I1 J
CENTER ENC�f ' R NORTH
LOWER CAMPUS -.._ PARKIRG f
'100 0 100 200
Note: Buildings labeled for Identification purposes only
SCALE:1"=200`
LOADING DOCK AREA�����5
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 02.28.08
13-175
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VI. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on -building, may be illuminated or non -illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L.
5. For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
1. One (1) double-faced primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
FINAL Hoag_PC_041808a.DOC
21
13-176
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (11) feet average height above finished grade.
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
FINAL Hoag_PC_041808a.DOC
22
13-177
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
Use CategM
Outpatient Services
Support
Administrative
Residential Care
Medical Offices
Inpatient
TABLE 2
PARKING REQUIREMENTS
Parking Requirements
2.31 spaces/1,000 square feet (1)
0.0 spaces/1,000 square feet (1)(2)
5.3 spaces/1,000 square feet (1)
1.0 spaces/1,000 square feet (3)
4.0 spaces/1,000 square feet (3)
2.35 spaces/1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
FINAL Hoag_PC_041808a.DOC
23
13-178
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
1. Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over -watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
FINAL Hoag_PC_041808a.DOC
24
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
FINAL Hoag_PC_041808a.DOC 25
13-180
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
FINAL Hoag_PC_041808a.DOC 26
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IX. SITE PLAN REVIEW
A. Purpose
The City Council finds that development on the Lower Campus of Hoag Hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub -section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
1. Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
3. Replacement of existing cooling towers, exeept for- ,.,admit
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section IX.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
FINAL Hoag_PC_041808a.DOC
27
13-182
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
FINAL Hoag_PC_041808a.DOC
13-183
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Reauired Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve
the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (21) days after the Director's action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
I. Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission shall
approve the development. Conditions may be applied when the proposed development does not
comply with applicable standards and shall be such as to bring said development into conformity.
FINAL Hoag_PC_041808a.DOC 29
13-184
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
J. Appeal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council.
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
L. Expiration and Revocation of Site Plan Review Approvals
1. Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
FINAL Hoag_PC_041808a.DOC
30
13-185
LANDSCAPE MATRIX . HOAG HOSPITAL LOWER CAMPUS Prepared 4/15/2008
4/16/2008
13-186
Government/Agency
Anticipated
Location
Area Description
Landscape Element
Schedule
Status
Outcome / Effect
Add 5, 48" box evergreen screen trees and new
Nov 2007 Installed
Project completed
Screen/soften views of west
Area 1 - Co Gen
Additional tree planting
irrigation
end of Co Gen Building
per community request
From PCH
Add 3, 48" box evergreen screen trees and new
To commence May 2008.
Added screening of Co Gen
Additional tree planting
irrigation
Install completion July
Coastal Comm. Approved 2/08
Area 2 - Co Gen
per community request
2008.Flare
Attach metal green screen lattice structure to
To commence May 2008.
Screen/soften specific views of
cover east building elevation
Install completion July
Coastal Comm. Approved 2/08
Co Gen Building
Add green screen
2008.
Area 3 - Co Gen
lattice per community
To commence May 2008.
Screen/soften specific views of
N
request
Plant flowering vines to cover green screen
Install completion July
Coastal Comm. Approved 2/08
Co Gen Building
2008.
U
Clean up and regrade
Additional shrubs, groundcover and new
Added visual quality and
irrigation system added upon completion of wall
Nov 2007 Installed
Project completed
erosion control
y
Area 4 - Co Gen Slope
area with added shrub
project.
CBehind
Trailers
and groundcover
J
planting
CU
O
=
24 trees, shrubs and groundcover plantings and
Nov 2007 Installed
Project completed
Added campus visual quality
Tree shrub and
new water conserving irrigation system
9 9 Y
screening and erosion control
9
Area 5 - Co Gen Slope
groundcover planting
Installed as part of Lower Campus Wall Project
Area 6 - Retaining
Wall base at West
Trees and shrubScreen
8, 24" box evergreen screen trees
Nov 2007 Installed
Project completed
and soften views of
planting
retaining wall
Parking Lot
Installed as part of Lower Campus Wall Project
12, 36" box flowering trees and 4 fan palm
Nov 2007 Installed
Project completed
Soften views of open parking lot
trees and irrigation system at end islands
areas
Area 7 -West Parking
Tree planting
Installed as part of Lower Campus Wall Project
Increased shade and visual
Area Islands
enhancement to parking area
Installation shall commence no later
Soften views of open parking lot
Area 7a - West
Tree planting
Install 23, 36" box flowering trees and 3 fan
Installed no later than Dec
than days of CDP issuance by
areas and increase shade and
Parking Area Islands
palm trees
2009
Coastal Comm
the Co
visual enhancement to parking
areas.
Area 8 - Top Of
Flowering bougainvillea
550, bougainvillea shrubs installed as part of
Colorful edge definition and
Retaining Wall
shrub planting
Lower Campus Wall Project
Nov 2007 Installed
Project completed
softening of views along top of
Q
retaining wall
9:
U
O
Area 9 - North Slope
Regrade area add
Shrubs, groundcover, fencing and new irrigation
Installed no later than Dec
Installation shall commence no later
Enhanced overall campus
3
above Retaining Wall
fence shrub and
system
2009
than 120 days of CDP issuance by
visual quality, safety and
O
groundcover planting
9 p g
the Coastal Comm
erosion control
J
Added Visual Quality, Parking
=
Area 10 - New Child
Additional trees shrubs
17 trees, shrubs and groundcover and new
Dec 2007 Installed
Project completed
area screening and building
Care Facility
& groundcover planting
irrigation system
drop off and entry area
definition
Area 11 - Lower
Replace trees, shrub
Trees, shrub & groundcovers and new irrigation
Installation schedule Dec.
Pending city approval in concept
Improve & unify campus
Campus Utility
and groundcover and
system
2009
and Coastal Comm Approval
planting character along PCH
Upgrade Project
enhance planting areas
frontage after utilities installed
Immediately upon issuance of an
O-
Approval in Concept (AIC) by the
ECity
of Newport Beach an
U
application shall be submitted for
L
Area 12 - PCH Green
Additional green screen
Install approx. 870 linear feet of green screen
Installed no later than Dec
said improvements to the Coastal
Screen views of west parking
OO
Screen
and tree/shrub planting
along PCH frontage
2009
Comm.
Lot from PCH
Construction of said improvements
J
shall be completed no later than 18
months after CDP issuance by the
O
Coastal Comm.
2
Area 13 - Future
Temporary native
Add coastal wild flower and grass Hydroseed
Erosion/dust control and
Parking Lot at base of
hydroseed
planting until permanent parking lot with
Hydroseed and irrigation
Hydroseed and irrigation completed
enhanced visual quality
Wall Behind ATP
groundcover Planting
landscape improvements added.
Installed Dec 2007
pending future parking area
Bldg.
installation
Color Code Indicating Current Project Status
Green
Indicates current improvements that have been
installed per previous approvals
Indicates improvements Installed but not apart
Yellow
of required permits
Indicates improvements in design phase yet to
Orange
be submitted for city or agency approvals
Aqua
Indicates Improvements proposed but not
approved for installation
R/Hdo Ltd. 1/15/08
Revised 4/15/08 for City
Council Meetinq
4/16/2008
13-186
EN
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HOAG LOWER CAMPUS IMPROVEMENT PLAN
CANCER
CENAR
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SOVIN HOAG DRIVE
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NORTH
xo o xo +Ir /sa
JANUARY 15,x008
REVISED APRIL 15,2008
RABBEN HERMAN DESIGN OFFICE
LANDSCAPE ARCHITECTS LI994915463455
833 Dmer. Sulto 9 II'I 548.5743
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13-187
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PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAFT)
Hoag Memorial Hospital Presbyterian
Newport Beach, CA.
Child Care Center
South
Entry Drive
04/14/2008
13-188
Attachment D
Development Agreement
13-189
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO.
City Clerk
City of Newport Beach
3300 Newport Boulevard
T'_D. Box 1758
Newport Beach, CA 92559-1758
This Document was electronically recorded by
ER Gert Mail D
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
R111111111111 1EIN111111 NO FEE
2008000289321 12:35pm 06117/08
120 33 A17 56
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
EXEMPT FRGM FE[,ING FEES CAI.. GOVT CGDE ' 6143
(Space abase this line For Recorder's use)
*"'.ajsp. EarN!a is EFLly C�F `;E, 1'7 SYS'#
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
THE CITY OF NEWPORT BEACH
(Pursuant to California Governi east Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
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RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3304 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1758
EXEMPT FROM FILING FEES CAL. GOV'T C D --F- 8 6103
IV EXEMPT RECORDING REQUEST PER (Space above this line for Recorder's use)
GOWERN ENT CEDE 21333
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
F.1011
THE CITY OF NEWPORT BEACH
(Pursarant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 1.5.45)
Approved May 13, 2008
Ordinance No. 2008-10
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511 G108 10001.34
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13-191
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospita[ Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
("Amendment") is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date") by and between the City of Newport Beach (hereinafter "City") and
Hoag Memorial Hospital Presbyterian (Hereinafter "Hoag").
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
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1.9 Haag Property, Hoag is the fee owner of
approximately 3$ acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit "B"
(the "Property"j.
1.10 Hoag Healthcare Services. Hoag is a modem, state-of-
the-art acute care, not-for-profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoak Community Benefit Programs, In addition to
providing state-of-the-art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
bumoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through disease prevention and wellness and health
promotion, especially for those vulnerable and disadvantaged
populations.
1
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1. 12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ("City Council") certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ("Hoag Master Plan") and the
PIanned Community Development Criteria and District Regulations
("P.C. Text") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 S uare Foota e of Buildable Area. Under -the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1.14 Development Agreement No. 5. On May 26, 1992, the
City Council adopted Ordinance No. 92-4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63-0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94-8 approving
an Amendment and Restatement of Development Agreement No. 5
("Restated Development Agreement") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 94-0207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C. Text to provide that certain non -occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
FN AL
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Noise Element in the General Pian and Noise Ordinance. It is
proposed that noise generated and originating; from the Property be
governed by the City Noise Ordinance with certain exceptions,
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated Development Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EI.R; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ("P.C. Text") to, among
other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ("FAR") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) inaintai n a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximurn
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of ailowabie development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
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(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(0 incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Planning Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5, 1991, January 9, 1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 11,
1992. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and Marchi 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16, 2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to -read as follows-
"l-8
ollows:
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"1 8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
El
13-195
this Amendment and authorizing the City to enter into this
Amendment_ The adopting ordinance will become effective on lune
12, 2008."
3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94-8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as :Follows:
"2.2 "A ement' refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The Efl? is amended to
read as follows:
"2.13 The "E1R" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No, 142."
6. Section 2,23 of the Restated Development Agreement entitled Mosier Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 {Exhibit "C"), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
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"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
5
13-196
S. Section 3.3 of the Restated Development Agreement entitled. Program EIR is
amended to read as follows:
"3.3 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not hilly
addressed in the program EIR, identities new impacts, or concludes
the specific request is not consistent with the project described in the
ETR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 &ight to Develop?. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the hull extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and S, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
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"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
0
13-197
11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the EIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
FN A1_
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t -1&o: #58r -a vt
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things, the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that maybe
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars (5200,000.40)."
7
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13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one-half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one-half of the Development Agreement Fee of S 1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance of the first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit "C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road, and {iii} funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia. intersection ("Priority Public Improvements").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sale authority to decide the
design., cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
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offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Pack), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled SaleslUse Tax Origin, to read as follows:
"8.a Sales./ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales/use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filing the tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
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H&O.- #58720 VI
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Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of 5100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
tax to the City. Upon request of the City, Hoag will
provide City on a semi-annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six-month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share of sales/use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset K", Park Improvements. to read as follows;
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"8.4 Hoag shall reimburse the City up to S 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
10
13-201
16. Anew section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower-
operations.
oweroperations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejectionby 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
daily between November 1't and April 30th, between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete.
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5; } 6.08 10001.34
fl&O: #58720 vl
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8t1' Floor
P.O. Box 19613
Irvine, CA 92713-9533"
and to add:
`with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur .Blvd., Suite 1050
Irvine, CA 92612
11
13-202
with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614-7321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
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5/16W 10001.31
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"I L 17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harrr less
City, its City Council, its hoards 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 this
Amendment, including, but not limited to, the approval of the
Planned. Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this 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 Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
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. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition,"
1?
13-203
19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20. 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2409-10
May 13.2408"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all of -the other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have fall
force: and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C Constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
21. 1n the event there is any conflict Between any provision of the Restated Development
Agreement and this Amendment, the latex- approved and recorded document shalt prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page, follo s]
FINAL
511&W 10001,34
H&D. #58720 vl 13
13-204
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
LaVonne Harkless, City Clerk
APP OVER AS TO F77
C-
FO K Robin Clauson, City Attorney
FINAL
5f16M 10001.34
CITY:
THE CITY OF NE GRT BACFl a municipal
corporation of t Mate ❑f, ; Ii rnia�
! s r
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California onprofit public
benefit cor ti
By. Ar�l—
Richard F. Afab M.T2,.
President and CE
011 Signatures to be Notarized)
14
13-205
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ,
County of +'gym 6_-
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On 1 1 4 �f U [i before me, _ I��[i �' '; 1 - %��y jt`+t Vu �� f�'iPff�
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personally appeared
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COMm}ssi # 1533477
v Notary P-OtAC - CaGPorrja
and could prevent fraudulent removal and reattachment of this form to another document.
Orange Coun#y
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L.f i. BROWN
C'SsLan # 1633477
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Title or Type of Document:
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who proved to me on the basis of satisfactory evidence to
be the person(* whose nameN isla;a subscribed to the
within instrument and acknowledged to me that
helst�t�e}+ executed the same in hWher i•r authorized
capacity{�, and that by hist r signature(s) on the
instrument the person(# or the entity upon behalf of
which the person(Q acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand.and offic4l seal.
.rl -
�
Signature'
svaRhie o!o ary Pubic
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Though the information below is nor required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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92007 National Notary .4ssociat=4 MO Qe Soto Ave.. PQ,6ax 2402 • ChalmorEn, CA 9tx 3.24m- www.NRGcnRR4GIary.org !!em p5907 Reorder: Cz�ETcA-Free t -M-375-6627
13-206
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of e
J
On MAYS, 2 -co � before me, _ c�tj �� e$, ucf
�7 (Here inscrt name and titic of the officer)
personally appeared _ _ Q c,�i P g d 4,PA k,1 C
who proved to me on the basis of satisfactory evidence to be the personW whose namafe subscribed to
the within instrument and acknowledged to me thatQV*19/thoyexecuted the same in Ithbir authorized
capacity(b*, and that by Q!lefltheir signature$) on the instrument the personK or the entity upon behalf of
which the person(4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
DEN A HAMES
Comm.1150 048
WITNESS my hand and official seal. -r MOTKRYPUauc-ULRRO
�j. My UfnIn. Ex*11
n �arch i�,Y0D4i
---'--�.`-'-__...-- (NDtary Scall
Signature of'Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
� � �a_ esrt4ter� za �farr_ire #
(Title or description of attached docurn ty
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Number of Pages 37 Documcat Date - 1--C
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®
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pge'i e+ h Cco
[Title)
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Partner(s)
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Other
2[108 Version CAPA vl?.10.07 800-873-9&55 www. NotaryC lasses. corn
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13-207
SOMMUENT CODE 6103
Recording Requested By and
When Recorded Return to:
City Clerk 14 % '7'
City of NewprSrt Beach
3300 Newport Boulevard
P.O. Bax 1768
Newport Beach, CA 92659-1768
0—
•
DOC # 94-00007276
233—MAR--1994 o31r ;9 pM
Recorded in Official Recar45
Of QraTne Chanty, California
Lee A. Branch, County Retarder
Face I Of 61 Fees= f 0.00
Tax: t 0. civ,
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
Approved _February 14, 1994
Ordinance No. 94-8
RECEIVED
APP 6 11994
Orr
�x
13-208
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoag").
RECITALS. This Agreement relates to the following:
0
1.1 Purpose of Agreement. This Agreement is intended to:
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag's proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and/or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
1.2 Authorization. This Agreement is authorized by, and is
consistent with, the provisions of 65864 et seq. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal code.
1.3 Interest of Hoa . Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit 118" (the "Property").
1.4 Development of the Property. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ("Master Plan", a copy of which is attached to
this Agreement as Exhibit "C" and incorporated by reference
when appropriate). subject to the conditions and mitigation
measures identified in Environmental Impact Report No. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
13-209
•
•
2.
the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 Planning -Commission/City Council Hearings. The Planning
Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed
Master Plan, and the EIR on December 5, 1991, January 9, 1992,
January 23, 1992, February 6, 1992, and February 20, 1992. The
City Council conducted public hearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11, 1992.
1.6 Consistency. This Agreement is consistent with the various
elements of the Newport Beach General Plan, the. Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty-
five (25) years.
1.7 Police Power. The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents a valid exercise of,
the City's police power, and has been approved in accordance
with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City -Ordinance. On February 14, 1994, the City Council adopted
ordinance No. 94-8 approving this Agreement and authorizing the
City to enter into this Agreement. The Adopting Ordinance will
become effective on March 16, 1994.
DEFINITION$.
2.1 The "Adopting Ordinance" refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "Agreement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian".
13-210
•
2.3 "Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4 The "Approval Date" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5 All forms of use of the verb "assign'1 and the nouns
"assignment" and "assignee" shall include all contexts of
hypothecations, sales, conveyances, transfers, leases, and
assignments.
2.55 "California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6 T'CEOA" and the "CEQA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
3
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13-211
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7
"City" refers to the City of Newport Beach, California.
2.8
"City Council' refers to the City Council of the City.
2.9
"Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10
A "day" or "days" refers to a calendar day, unless expressly
stated to be a business day.
2.11
A "Default" refers to any material default, breach, or
violation of the provisions Of this Agreement. A "Cit
Default" refers to a Default by the City, while a "_Hoag
Default" refers to a default by Hoag.
2.12
The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal Commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13
The "EIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14
An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
3
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13-211
2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.15
An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
Exhibit A: Legal Description of the Property
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17
"Existing General Regulations" means those General Regulations
approved by the -city on or before the Approval Date
[irrespective of their effective date] and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18
"Future General Re cations" means those General Regulations
(see section 2.19 below) adopted by the City after the Approval
Date.
2.14
"General Regulations" means those ordinances, rules,
regulations, policies, and guidelines of the City, which are
generally applicable to the use of land and/or construction
within the City and include, the Fair Share Traffic
Contribution Fee ordinance, Uniform Building Codes and water
and sewer connection and fee ordinances.
2.20
"General Plan" refers to the City's General Plan in effect on
the Approval Date, plus all amendments to the General Plan
adopted by the City on or before the Approval Date and
effective prior to the Effective Date.
2.21
"Hoag" refers to Hoag Memorial Hospital Presbyterian, a non-
profit corporation.
2.22
"Includes" and all contexts and forms of the words "includes"
and "including" shall be interpreted to also state "but not
limited to."
2.23
"Master Plan" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "c").
2.24
"Mortgagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
4
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13-212
�3. CONDITIONS TO DEVELOPMENT.
3.1 introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) Conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR;
5
13-213
transaction under which all or a portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
portions acquired by assignees.
2.25
"Notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
2.25
The "Parties" refers to the City and Hoag and a "Party" shall
refer to either of the Parties.
2.27
"Planning Commission" refers to the Planning Commission of the
City.
2.28
The "Project" refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.29
!'Project specific Approvals" means all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30
The "Property" refers to the real property described on Exhibit
"A" and depicted on Exhibit "S."
�3. CONDITIONS TO DEVELOPMENT.
3.1 introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) Conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR;
5
13-213
(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) Conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 81 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
this Agreement.
(f) Compliance with Existing General Regulations.
3.2 Compliance with Master Plan Conditions/Mitivation Measures.
13-214
Hoag acknowledges that City Council approval of the Master Pian
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. Specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the followings
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
(c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic Study);
13-214
(g)
Preparation and approval of a project trip generation
study as a condition to construction of development in
Phases II and III of the Master Pian;
(h)
Preparation and approval of a Traffic Phasing ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i}
Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j}
Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air Quality
Management District;
(k)
Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag's right to develop the Property pursuant to the Master
Plan is contingent upon compliance with,, and satisfaction of,
the conditions and mitigation measures imposed by the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Program RIR_ Hoag acknowledges that the EIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
requests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program ETR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal commission or its successor agency to impese
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation_ Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
13-215
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•
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General_ Rectulations. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
for Project Specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are: in effect at the time applications for
Project Specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4.1 Right to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project Specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
13-216
4.4 Time for Construction and Completion of Project. Subject to
the provisions of this Agreement and the Plaster Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction on the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. AM UAL REVIEW.
40 5.1 City_ and Hoag „Responsibilities. At least every twelve (12)
months during the Term, the City shall review Hoag's good faith
substantial compliance with this Agreement (the "Annual
Review"). After the Annual Review, the City's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Either Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall be made by the
requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed,
the review shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2 public He_arinq. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Beach Municipal Code.
5.3 Informati2n to be Provided. to Hoag. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
5.4 Mitigation -Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the EIR. For the five year monitoring period
imposed by the Department of Fish and Game streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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6.
Ank
evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 Review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Estoppel._ Certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel Certificate may be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
GEN-ERAL PROVISTDNB.
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting Ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zone as defined by the California Coastal Act (Division
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20, California Public Resources Code, beginning with section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with the provisions of California Government Corse
Section 65869 and shall be of no force or effect if Section
65869 is repealed.
6.3 Term of. Agreement. The term of this Agreement (the "Term")
shall begin on the Effective Date and continue for twenty-five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.4 Assignment. Hoag has the absolute right to assign (See Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) Subject to the provisions of Subsection (b), and
subject to approval, of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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7.
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the city council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the city to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project, or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
6.9 Hoag shall, enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
CONFLICTS oP LAW.
7.1 Conflict with State and Federal Laws and Regulations. where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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AM
extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations which required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification:
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
M Hoag consents in writing to the modification.
(g) Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (2596) of the maximum permitted development.
PUBLIC BENEFITS/EXACTIONS.
8.1 Public Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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13-221
Plan and this Agreement confer benefits on the public and
nearby
residents by imposing long term restrictions on the
height,
amount and location of development as well as the
public
improvements described in Section 8.2.
8.2 Exactions. Hoag shall, as a condition to the right to develop,
do the
following:
(a)
Prior to commencement of development, irrevocably offer
to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The City shall ensure that
adequate erosion control, measures are implemented prior
to construction.
(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Master Plan, or the EIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($254,000,00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
{i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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9. DEFAULT,, REMEDIES AND TERMINATION.
9.1 General Provisions. in the event of a Default (see Section
2.31), the Party alleging a Default shall give the other Party
15
13-223
(ii) The construction of facilities necessary to
bring reclairr.ed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in West Newport to park land and public
recreation facilities proposed in conjunction with
development of the west Newport Oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement by ten percent (10$) or
more from that authorized in the Master Plan.
9. DEFAULT,, REMEDIES AND TERMINATION.
9.1 General Provisions. in the event of a Default (see Section
2.31), the Party alleging a Default shall give the other Party
15
13-223
a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
9.2 Otion to Institute Legal Proceedings or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 Waiver. Failure or delay in giving Notice of Default shall not
waive a Party's right to give future Notice of the same or any
other Default.
9.5 Default by Hoag. If the City alleges a Hoag Default, the City
shall conduct a hearing utilizing the Annual Review procedures
required by this Agreement before the City may commence legal
proceedings to terminate this Agreement.
9.6 Default by the City. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
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13-224
00.0
11.0
0
obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the City.
ENCUMBRANCES AND RELEASES ON PROPERTY.
10.1 Discretion to Encumber. Hoag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 Entitlement to Written Notice of Default. Any Mortgagee and
its successors and assigns, upon written request to the City,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoag is provided with Notice
pursuant to Section 9.1.
MISCELLANEOUS PROVISIONS.
11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
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13-225
To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: City Manager
To Hoag: Hoag Memorial Hospital Presbyterian
301 Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforced Dela •Extension of Time of Performance. Neither Party
shall be deemed to be in Default where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
unforeseen circumstances, litigation, or similar bases for
excused. performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 Severability. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
18
13-226
Agreement shall become void. For purposes of this Section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of Sections 3, 4 and S are
deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
Commission or its successor agency.
11.6 Incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assigns. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 Construction of Agreement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the State of California. This
Agreement is not intended to impermissibly contract away the
19
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13-227
legislative and governmental functions of the city, and in
particular, the city's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority ,to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.1.3 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the official Records
of orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Legal Action. In addition to any other rights
or remedies, either Parry may institute legal action to cure,
16 correct, or remedy any Default, to enforce any provision of
this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of orange, State of California, or in the
Federal District court in the Central District of California.
11.16 Attorneys' Fees,. In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
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13-228
Date: 4y 1994 CITY OF NEWPORT BEACH
By
Clarence rner, Mayor
Date: March 9 , 1994 HOAG MEMORIAL OSPIT r RESBYTERIAN
By: , 1,0. - ,"
Albert J. Ate
Chairman of t e Board
wb�hoayda4.fnt
1121194
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13-229
Exhibit A
LE AL DESCRIMQN
The subject property is the following real property in the City of Newport Beach, County
of Orange, State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in
Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page
88 of Miscellaneous Maps, Records of Orange County, California.
Parcel 2:
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map
recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange
County, California.
•
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13-230
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13-231
•
Exhibit C
HOAG MEMORIAL, HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
41 Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26, 1992
13-232
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TABLE OF CONTENTS
Page
Number
1.
Introduction
1
H.
General Nates
2
III.
Definitions
4
IV.
Development Plan
6
V.
District Regulations
11
VI.
Sign Program
20
Vii.
Parking Program
22
VIII.
Landscape Regulations
24
M.
Site Plan Review
27
?Say 26, 1952 1
13-233
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Page
Number
1. Planned Community Development Plan 7
2. Internal Circulation 9
3. Development Criteria 15
TABLES
1. Statistical Analysis 10
2. Parking Requirements 23
May 26, 1992
13-234
I. INTRODUC rION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of
Newport Beach has been developed in accordance with the Newport Beach General
Plan. The purpose of this Planned Community District is to provide a method whereby
property may be classified and developed for hospital -related uses. The specifications
of this District are intended to provide land use and development standards supportive
of the proposed use while ensuring compliance with the intent of all applicable
regulatory codes.
The Planned Community District includes district regulations and a development plan
for both the upper and lower campuses of Hoag Hospital. In general, over the long
term, the upper campus will become oriented primarily towards emergency, acute and
critical care (predominantly inpatient) uses and the lower campus will be developed with
predominantly outpatient uses, residential care and support services.
Whenever the regulations contained in the Planned Community text conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in the
Planned Community text shall take precedence. The Municipal Code shall regulate this
development when such regulations are not provided within these district regulations.
All development within the Planned Community boundaries shall comply with all
provisions of the Uniform Building Code and other governing building codes.
May 26, 1942
AOL
13-235
11. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
2. Development of the subject property will be undertaken in accordance with the
0 flood protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council
Policies K-5 and K-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. 'The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments.
5. All buildings shall meet Title 24 requirements. Design of buildings shall take into
account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems..
b. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and utility vaults, excluding
communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
May 25, 1992
F— —I
13-236
I I
8. Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. 5. Prior to issuance of any building
permits it shall be demonstrated to the satisfaction of the Planning Department
that adequate sewer facilities will be available. Prior to the occupancy of any
structure it shall be further demonstrated that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall be installed within 34 days of the completion
of grading,
May 26, 1942
13-237
11I. DEIFIMTIONS
Building Elevation:
1. a vertical distance of a building above or below a fixed reference level,
i.e., MSI.. (mean sea level).
2. a flat scale drawing of the front, rear, or side of a building.
Building Envelope: the volume in which a building may be built as circumscribed by
setback lines and maximum allowable building heights.
Building Height: the vertical distance measured from the finished grade to the
highest point of the structure. At all points, the height measurement shall run with the
slope of the land.
Emergency R am: a service and facility designated to provide acute emergency medical
services for possible life threatening situations.
Fast Aid: low acuity medical treatment for non -life threatening situations.
General Plan: the General Plan of the City of Newport Beach and all elements thereof.
rad : for the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or
other site preparation related to, or to be incorporated into,
a proposed new development or alteration of existing
developments. (Grades may be worked into buildings to
allow for subterranean parking.)
2. Natural - the elevation of the ground surface in its natural state
before man-made alterations.
3. Existing - the current elevation of ground surface.
Invatient Uses: hospital patient services which require overnight stay.
Landscape Area: the landscape area shall include on-site walks, plazas, water, rooftop
may zw, IM
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13-238
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landscaping and all other areas not devoted to building footprints or vehicular parking
and drive surfaces.
Mean Sea Cevel: a reference or datum mark measuring land elevation using the
average levet of the ocean between high and low tides.
Outpatient Uses. hospital patient services which do not require overnight stay.
Residential dare: medically -oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site Area: for the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Special Landscaped Street: West Coast Highway is designated as a special landscaped
street, containing special landscape requirements.
Streets: reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
May 26, 1992
13-239
IV. DEVELOPMENT PLAN
Proiect Characteristics
The upper campus of Hoag Hospital is located on a triangular site of approximately
17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
north and existing residential developments (the Versailles and Villa Balboa/Seafaire
condominiums) to the west. The lower campus is located north of West Coast Highway,
south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20,41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1.
From 1990 to 2015, many of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies.
The Development Plan includes a 0.8 acre view park adjacent to the bike trail between
the lower campus and the Villa Balboa/Seafaire Condominiums. This view park
includes a twenty -foot wide linear park area adjacent to the bike path (approximately
0.5 acres) and a consolidated view park at the westerly edge of the property (approxi-
mately 0.3 acres). A bike trail connection is also provided between the existing bike
trails at the northern and southern boundaries of the lower campus. Access to the lower
campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital related
uses. Instead, a developable area is identified based on the regulations established for
this Planned Community District. Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Pian.
May 26, t 942
F_ -I
13-240
1
LEGEND
mAREA OF DEVELOPMENT
cow
PLANNED COMMUNITY DE VEL OPMENT PLAN EXHIOrt i
HOAG MEMORIAL HOSPITAL PRESBYTERIAN �_ ®,� w®�
13-241
The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development cap is not exceeded, this
Development PIan allows Hoag Hospital to adjust the development profile provided in
the statistical analysis. For example, if changing hospital needs necessitate the
is development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as long as a corresponding adjustment in square
footagenod trip generation for another use were to occur.
This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis (Table 1) as long as the development limit (i.e., square feet) or
the trip generation lirnit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded.
Adjustments to the Development Plan may be allowed if the total square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded.
•
May ac, inn 8
AMk
13-242
LEGEND
mPRIMARY
ACCESS (SIGNAU2ED)
®
SECONOARYACCESS
®
SERVICE ACCESS
AUBL)C CIRCULATION
STAFF ISE RVICE CIRCULATION
wesi oo+-sf �r�r
VEHICULAR ACCESS
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
r�
u
L"
E][IU9tT �
13-243
Table 1
STATISTICAL ANALYSIS'
Us e SquaEg Feet
Lower Campus
Existing:
Outpatient Services (Hoag Cancer Center) 65,000
Child Care 7,800
Subtotal; 72,800
Phase I:
Outpatient Services 115,000
Support Service 55,000
Administrative 30,000
Subtotal: 200,000
May 26, 1992
Aft
10
13-244
Phases 1I & III:
Subtotal:
305,089
Total Lower Campus
577,889
Upper Campus
Existing'-
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
Subtotal:
140,0[)0
Phases II & III:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,2383
1 Fu development of the upper and lower campuses is ansicipaled to occur oncr an approxi mare 211 -year period and wilt likely occur
in tht , seven-year phases.
2 Up to SWo or She eidsting upper campus may be redeveloped by master plan buildout.
3 Baud on development allowed under the General Plan at a floor area ratio to gloss site arca of AS for the lower campus and 1.0
for the upper campus. Building Bulk limit for the lower campus is 0.90 for all structures which
includes abvuc grade covered parking.
May 26, 1992
Aft
10
13-244
V. DISTRIICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital -related uses which fit into the five permitted use
categories are allowed by definition. Prior to the issuance of a building permit, plot
pians, elevations and any other such documents deemed necessary by the Planning,
Building and Public Works Departments shall be submitted for the review and approval
of the Planning, Building, and Public Works Departments.
A. Permitted Uses
1. Lower Campus
a) Hospital facilities, including, but not limited to:
i. Outpatient services:
•
Antepartum Testing
■
Cancer Center
■
Skilled Nursing
•
RehabiIitation
•
Conditioning
•
Surgery Center
•
Clinical Center
■
Day Hospital
•
Back and Neck Center
•
Biofeedback
•
Breast Imaging Center
•
•
CT Scan
•
ErDialysis
E EG/FMG/MCF Laboratory
•
First Aid Center
•
Fertility Services
•
G.I. Laboratory
•
Laboratory
•
Magnetic Resonance Imaging
•
Nuclear Medicine
■
Occupational Therapy
•
Pediatrics
•
Pharmacy
•
Physical Therapy
•
Pulmonary Services
May 26, 1992
Ank
11
13-245
■ Radiation Therapy
• Radiology
• Respiratory Therapy
■ Sleep Disorder Center
• Speech Therapy
■ Ultrasound
iii. Support Services:
■
ii. Administration:
■ Admitting
•
• Auxiliary Office
•
■ Business Offices
•
■ Information
•
■ Registration
•
■ Patient Relations
■
• Social Services
iii. Support Services:
■
Employee Child Care
•
Health Education
•
Power/Mechanical/AuxiIiary Support and Storage
•
Food Services
•
Cashier
•
Chapel/Chaplaincy Service
■
Conference Center
■
Dietitian
•
Gift Shop
■
Laboratory
•
Medical Library
•
Medical Records
•
Pharmacy
■
Engineering/Maintenance
•
Shipping/Receiving
■
Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
■
Substance Abuse
■
Mental Health Services
•
Extended Care
•
Hospice Care
■
Self or Minimal Care
•
Congregate Care
May 2a, 1992
r 1
12
13-246
V. Medical/Support Offices
b) Methane gas flare burner, collection wells and associated system
May 26, 1992
Amk
13
13-247
components.
c)
Accessory uses normally incidental to hospital development.
d)
Temporary structures and uses, including modular buildings.
2. Upper Campus
a)
Hospital facilities, including, but not limited to:
i) Inpatient uses:
• Critical Care
• Emergency Care Unit
• Birth Suites
• Cardiology
+ Cardiac Care Unit
• Intensive Care Unit
+ Mother/Baby Unit
• Surgery/Waiting Rooms
+ Radiology
+ Laboratory
• Pharmacy
ii) Outpatient services as allowed on the lower campus
iii) Administrative uses as allowed on the lower campus
iv) Support services as allowed on the lower campus
v) Residential care as allowed on the lower campus
vi) Heliport (subject to Conditional Use Permit)
b)
Accessory uses normally incidental to hospital development.
c)
Temporary structures and uses, including modular buildings.
May 26, 1992
Amk
13
13-247
B. Prohibited
1. Lower Campus
a) Emergency Room
b) Heliport
C. M_Wmum Building Heighl
The maximum building height of all buildings shall be in accordance with Exhibit 3
which established the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the
existing tower (235 feet above mean sea level).
2. Upper Campus Midrise Zone - maximum building height not to exceed
140 feet above mean sea level.
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
4, Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (57.5 feet above
mean sea level).
D. Setbacks
Setbacks for the Hoag 1? ry Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominiums, as defined below;
may A iia
a) Upper campus western boundary setback shall be the prolongation
of the westerly edge of the existing cafeteria/laboratory building to
the points of intersection with the easterly curb line of the existing
service drive, then continuing along said line of the existing service
drive.
b) Lower campus northern boundary, all of which will have a 20'
minimum building setback.
14
13-248
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DEVELOPMENT CRITERIA
HOAG MEMORIAL HOSPITAL PRESBYTERIAN_ _ ___.. ,____.. •- _. _ ,., ,,� ®; X15/3
13-249
2. The setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet.
May X IM
r-7
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet.
3rd Floor and above: A minimum of 20%v of the building frontage shah
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet.
The setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet.
In addition, vertical articulation shall be required for buildings westerly of
the signal for buildings within 150 feet of the West Coast Highway
frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20°70 of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 55 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet.
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width. Additional-
ly, 2017o of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
16
13-250
10% of the linear length of height zones A and B as viewed from the
existing bicycle/pedestrian trail, exclusive of that area adjacent to the
consolidated portion of the view park, shall be maintained as view
corridors between buildings.
These requirements may be altered for individual buildings, if requested
by the hospital, through the site plan review process defined in Section 1X.
3. There will be no building setbacks along the boundary with CalTrans east
0 property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided
along Hospital Road.
E. Lightin
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to minimize light spillage and glare to the adjacent residential uses.
The plans shall be prepared and signed by a licensed Electrical Engineer.
Prior to the issuance of building permits, the project sponsor shall submit plans which
illustrate that major mechanical equipment will not be located on the roof of any
structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G. al�=
All signs shall be as specified under the Hoag Hospital Sign Program., Part V1,
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital. Parldng Regulations.
May 26, 7992
17
13-251
�_gT1n
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIII.
I Mechanical and1 r
Prior to issuance of a building permit, the project sponsor shall submit plans to the City
Planning Department which illustrate that all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
K Internal Circulation
1. Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campus service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) during working
hours (i.e. 7:00 am. to 8:00 p.m.), signage to restrict use of the road by
Hospital employees, physicians, patients and visitors during non -working
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (i.e. scheduled and routine deliveries) on the
weekends.
This restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
issuance of the grading permit. if such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
that requests for speed vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. If operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
2. The lower campus service road shall include provisions for controlled
access to limit usage to physicians and staff, and service vehicles.
M.,y 26,19n
18
13-252
C7
L Loading Dock
Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the project sponsor shall implement an acoustical and/or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area.
The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
[lock area by that addition.
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation implica-
tions of enclosing the loading dock area. If enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required. Any enclosure required pursuant to this requirement may encroach
into any requited setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
May w, inn 19
13-253
•
•
VI. HOAG HOSPI'rAL SIGN PROGRAM
A. Purpose_ and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on -building, may be illuminated or non -illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
building or facility.
3. Ail signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional
and safe with regard to appearance, structural integrity and electrical
service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L
C. Number of Signs Allowed
1. One (1) double-faced primary identification ground -mounted sign or two
single faced gateway entry signs shat! be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Total maximum signage area
shall not exceed two hundred (200) square feet and shall not exceed ten
(10) feet in height per sign and street frontage. This sign may occur as a
wall sign, to be located upon a project boundary perimeter wall, subject
May 26. 1992
20
13-254
to the same number and area maximums described above. This sign may
also occur as part of an entry gateway system_
2. Secondary identification signs shall be allowed. This sign type shall not
exceed a maximum height of 48" average height above finished grade. in
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Maximum sign area shall not
exceed thirty-five (35) square feet. This sign may occur as a wall sign to
is be located upon a project boundary perimeter wall, subject to the same
number and area maximums described above.
•
3. Vehicular and pedestrian directional signs shall be allowed. This sign type
may occur as a single -faced or double-faced sign. This sign type shall
occur with the sign suspended between two upright supports having the
same depth (thickness) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation_ The elevation facing west (Villa Balboa
property line) may not be illuminated.
5. On the lower campus, one (1) building -mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa/Seafaire property. Such signs will be no higher than the roof
line of the building upon which they are mounted.
May X 1992
21
13-255
•
VII. HOAG HOSPITAL PARKING REGULATIONS
A General
Off-street parking for Hoag Hospital shall be provided on-site. Parking
may be on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review
and approval of the city Traffic Engineer and the Public Works Depart-
ment.
3. Parking lot lighting shall be developed in accordance with City standards
and shalt be designed in a manner which minisniaes impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential area. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met. The lighting
plan shall be subject to review and approval of the City Planning
Department.
B. Requirements for Offstreet Parking
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement.
May 2G, 3942
22
13-256
is
T J 9 Cateeo
Outpatient Services
Support
Administrative
Residential Care
Medical Offices
Inpatient
Table Z
PARKING REQUIREMENTS
Parking RegUi_rements
2.0 spaces/1,000 square feet'
1.0 spaces/1,000 square feet'
4.0 spaces/1,000 square feet`
1.0 spaces/1,000 square feet`
4.0 spaces/1,000 square feet`
1.25 spaces/1,000 square feet"
Parking requirements are based on a study performed by DKS Associates in May,
1987.
Parking requirement is based on current Hoag Hospital parking demand.
May 26, 1992
23
13-257
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A n r l
1. Detailed landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect, shall be reviewed by the
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a building permit
and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may include a concept for the roofs and the parking
structures. Trees shall not be used, but a planter box or trellis system
shall be designed to provide visual relief of parking structures. All
landscaping shall conform to the building height limits established in this
text.
2. Parking lot trees shall be no less than fifteen (15) gallon size.
3. Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4. Every effort should be made to avoid using plants with invasive and
shallow root systems.
5. Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided.
6. Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7. Heavy emphasis shall be placed on the use of drought -resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
B. Maintenance
1. All planting areas are to be kept free of weeds and debris.
2. Lawn and ground covers are to be kept trimmed and/or mowed regularly.
May 26, 1992
24
13-258
3. All plantings are to be kept in a healthy and growing condition. Fertiliza-
tion, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
S. Stakes, guys and ties on trees should be checked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
Stems.
6. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A 15' building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed in the
setback area. Parking areas shall be screened from view of West Coast Highway with
landscaped berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and
shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped
in a similar manner. Tree size to be no less than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Villa Balboa/Hoag property line and the loading dock service
access road shall be landscaped except for any driveway, walkway, or other hardscape
40 elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
E. Parkine Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area. Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berming and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
May W, IM 25
Ank
13-259
•
•
A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments. Rooftop landscaping shall
conform to height restrictions.
"26, 1992
26
13-260
IX. SITE PLAN REVIEW.
A. Putpos
The City Council finds that development on the West Coast Highway frontage of the
lower campus of Hoag Hospital may have the potential to affect the aesthetics of the
West Newport area as viewed from surrounding arterial roadways. The effect of this
section is to establish a Site Plan Review requirement by the Planning Commission for
certain individual projects which are proposed by the hospital to differ from the setback,
horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital.
B. Finding
The City finds, determines and declares that the establishment of Site Plan Review
procedures contained in this section promotes the health, safety, and general welfare of
the community by ensuring that the development of Hoag Hospital proceeds in a manner
which will not result in inadequate and poorly planned landscape areas, excessive
building bulk on arterial roadways, inappropriate placement of structures and
impairment of the benefits of occupancy and use of existing properties in the area.
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or
building permtit for any new structure or the addition to an existing structure which does
not conform to the provisions of Section V.D.2.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall he submitted to the Planning Commission for
approval:
1. A plot plan, drawn to scale, showing the arrangement of buildings,
driveways, pedestrian ways, off-street parking and off-street loading areas,
landscaped areas, signs, fences and walks. The plot plan shall show the
location of entrances and exits, and the direction of traffic flow into and
out of off-street parking and loading areas, the location of each parking
space and loading space, and areas for turning and maneuvering vehicles.
The plot plan shall indicate how utility and drainage are to be provided.
Nsey 26, 1992 27
13-261
l
2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
S. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear
upon completion,
6. Any other plans, diagrams, drawings or additional information necessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
B. Ee
The applicant shall pay a fee as established by Resolution of the City Council to the City
with each application for Site Plan Review under this chapter.
F. Standard
In addition to the general purposes set forth in sub -section B, in order to carry out the
purposes of this chapter as established by said section, the site pian review procedures
established by this Section shall be applied according to and in compliance with the
following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood
and surrounding sites and shall not be detrimental to the orderly and
harmonious development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality
of the project as viewed from surrounding roadways and properties, with
special consideration given to the mass and bulk of buildings and the
streetscape on West Coast Highway;
May 26, 1992
Pi i
13-262
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Pian Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing.
H. Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission
shall approve the development. Conditions may be applied when the proposed
development does not comply with applicable standards and shall be such as to bring
said development into conformity.
If the development is disapproved, the Comnussion shall specify the standard or
standards that are not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by
the City Council either by appeal, or upon its own motion, or upon the request of the
Commission. The action of the Commission on any Site Plan Review shall be final and
effective twenty-one (21) days following the Commission action thereon unless, within
the twenty-one (21) day appeal period an appeal in writing has been filed by the
applicant, or any other person, the Commission has requested a review of its decision,
or unless the City Council, not more than twenty-one (21) days after the Commission
action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm,
reverse or modify the decision. Such action by the City Council shall be final.
May 26. IW2 29
13-263
Any Site Plan Review decision of the Commission may be appealed to the City Council
by the applicant or any other person, at any time within twenty-one (21) days after the
date of the Commission decision. An appeal to the City Council shall be taken by filing
a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth
the grounds upon which the appeal is based and shall be accompanied by a fee as
established by Resolution of the City Council.
J. Action by the City Council
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the Commission. The decision of the City
Council is final.
K Expiration and RgyQcation of 5ite Plan Review Approvals
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of
such Site Plan Review are violated or if any law or ordinance is violated
in connection therewith.
I Hearing. The Planning Commission shall hold a hearing on any proposed
40 revocation after giving written notice to the permittee at least ten days
prior to the hearing, and shall submit its recommendations to the City
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
F:\...NPianning\PC 12XT%IIOAGHOSP
May 2b, 1992
30
13-264
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EXHIBIT D
Oda Requested:
Date of Certificate:
Dei� the City of Newpan Beech approved the'Deti
Agrftmant Between the City & Newport Beach and Hoeg Msmo lel
Pnwftterlan' (the 'Development Agreerrwrrr).4-
Thls Estoppel Gar",," exrtltias that~ as of the 'Date of Cert"" set forth e
CHECK WHERE APPLICABLE
1. The Development Agreement rem0a binding and effacl1n;
2. The Devaiopment Agreement has not been amended;
3. The Development Agreement has been emended In
respwta,
4, Nefther Hoag not any of Its auccesaore are In
default under the Development Agraernent;
3. The following defaults exist under the Development Agreement:
This Etetoppel Certliie ate may be relied upon by eny twe*oe or mortgageo any
Merest In the property which Is subjaot of the Development Agre3emem
CITY OF NEWPORT BEACH
, WILei
6Y:
NAME:
TITLE:
EXHIBIT D
13-266
Attachment E
Planning Commission
Resolution No. 2019-003
13-267
RESOLUTION NO. PC2019-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING APPROVAL OF AN
AMENDMENT TO EXTEND THE TERM OF THE HOAG
MEMORIAL HOSPITAL PRESBYTERIAN DEVELOPMENT
AGREEMENT (DA2018-001) LOCATED AT 1 HOAG DRIVE
(PA2018-024)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
On February 14, 1994, the City Council of the City of Newport Beach ("City") adopted
Ordinance No. 94-8 approving Restated Development Agreement No. 5 ("Development
Agreement") between the City and Hoag Memorial Hospital Presbyterian ("Hoag"). The
adopting ordinance became effective on March 16, 1994.
2. On May 13, 2008, the City Council adopted Ordinance No. 2008-10 approving an
amendment to the Development Agreement ("Amendment") and this ordinance became
effective on June 12, 2008.
3. Section 6.3, "Term of Agreement," of the Development Agreement provides a twenty five
(25) -year term from the effective date of the original adopting ordinance, and therefore, the
Development Agreement as amended expires on March 15, 2019.
4. Hoag applied for a second amendment to the Development Agreement ("Second
Amendment") to extend the twenty five (25) -year term an additional twenty five (25) years.
The application requests no other changes to the Development Agreement, as amended,
or to existing development regulations.
5. Newport Beach Municipal Code ("NBMC")
agreements include the term, permitted
maximum height and size of proposed
dedication of land for public purposes.
Section 15.45.040 requires that development
uses, density and intensity of development,
buildings, and provisions for reservation or
6. The Development Agreement provides the necessary considerations of Section 15.45.040
and it includes certain public benefits in exchange for vested rights to develop over the initial
twenty five (25) -year term of the agreement, as amended.
7. The Planning Commission held a public hearing on January 17, 2019, in the City Council
Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the
Planning Commission considered the Second Amendment. A notice of time, place, and
purpose of the hearing was given in accordance with the NBMC. Evidence, both written and
oral, was presented to and considered by the Planning Commission at the hearing.
13-268
Planning Commission Resolution No. 2019-003
Pape 2 of 3
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code
§§21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg.
§§15000, et seq.), the City of Newport Beach ("City") prepared Final EIR No. 142 which was
certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address
the potential environmental effects associated with the Hoag Hospital Master Plan
development program ("Project"). Final EIR No. 142 addressed potential environmental effects
associated with the phased reconstruction and development of the property's Upper Campus
and Lower Campus. Final EIR No. 142 includes a supplemental EIR volume (Final EIR No.
142, Volume V), which was prepared in accordance with CEQA Guidelines §15163, to provide
clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified.
2. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) ("SEIR") was
prepared in accordance with the provisions of CEQA, Public Resources Code §§21000, et
seq., and the State CEQA Guidelines, California Code of Regulations §§15000, et seq. The
purpose of the SEIR was to analyze the potential impacts of the proposed changes to the
Hoag Hospital Master Plan development program. The City Council considered and certified
the Supplemental Final Environmental Impact Report on April 16, 2008, by adopting certain
CEQA Findings of Facts and a Statement of Overriding Considerations contained within
Resolution No. 2008-27, which are hereby incorporated herein by this reference.
3. All significant environmental concerns for the Project have been addressed in the previously
certified Final Environmental Impact Report No. 142 (certified 1992) and its Supplemental
Final Environmental Impact Report (certified 2008). The proposed Second Amendment only
extends the term of the Development Agreement and does not amend any development
standards, development requirements, or required mitigation measures identified in FEIR No.
142 and the Supplemental FEIR (SCH No. 19910071003).
4. 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 such judicial challenge, and bear the responsibility
for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
1. The Planning Commission finds the Second Amendment is consistent with the General Plan
Policy LU 6.1 Strategy 6.1.5 by supporting Hoag in its mission to provide adequate facilities to
meet the needs of area residents and by working with Hoag to ensure that future development
plans consider its relationship to and assure compatibility with adjoining residential
neighborhoods and mitigate impacts on local and regional transportation systems. The
existing Amended Development Agreement provides appropriate development assurances to
Hoag to plan for the future while it provides appropriate safeguards to protect the community.
Extending the terms of the existing agreement furthers these priorities.
13-269
Planning Commission Resolution No. 2019-003
Paae3of3
2. The City Council previously found the existing Amendment consistent with NBMC Section
15.45.040 as it included all the necessary components including the term, permitted uses,
density and intensity of development, maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes when it adopted Ordinance
2008-10 in 2008.
3. The Planning Commission finds the Second Amendment to the Development Agreement is
consistent with provisions of state law (California Government Code Sections 65864-65869.5)
and local law (NBMC §15.45) that authorize binding agreements that: (i) encourage
investment in, and commitment to, comprehensive planning and public facilities financing; (ii)
strengthen the public planning process and encourage private implementation of the local
general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time
and resources; and (iv) reduce the economic costs of development by providing assurance to
the property owners that they may proceed with projects consistent with existing policies, rules,
and regulations.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach, California hereby recommends City
Council adoption of a Second Amendment to the Amended and Restated Development
Agreement to extend the term of the agreement by six (6) months.
PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF JANUARY DAY 2019.
M.
M.
AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak
NOES:
ABSTAIN: Ellmore
ABSENT -
13 -270
Attachment F
Correspondence
13-271
Planning Commission - January 17, 2019
Item No. 4c Additional Materials Received After the Deadline
FILE COPYHoag Development Agreement Extension (PA2018-024)
This document is submitted to address the January 17, 2019 meeting
of the Newport Beach Planning Commission, agenda item number four,
HOAG DEVELOPMENT AGREEMENT (PA2018-024).
This statement is submitted to register an objection to any further extension of the Hoag Restated
Development Agreement (DA) No. 5 without a new Environmental Impact Report (EIR).
The Environmental Impact Report prepared for the initial Development Agreement in 1994 is now 25
years old. If the EIR prepared for the 1994 DA is extended for an additional 25 years, as requested by
Hoag, it would result in a period of 50 years (1/2 of a century) since the initial EIR. This is unacceptable.
The Supplemental EIR conducted in 2008 for the Modified DA is also insufficient to allow further
development of any kind without a new EIR. A 25 year extension would result in a period of 35 years
without an intervening EIR. This too is unacceptable.
During the past 25 years the City of Newport Beach has experienced significant development including
West Newport Beach. The expansion and development during the past 10 years has been exponential.
Congestion in the vicinity of Hoag has increased substantially. Only a new EIR can appropriately address
the concerns of the Newport Beach Community to ensure that any further expansion will occur only
after a thorough review of the environmental impact of such development within the Coastal Zone.
Any further development by Hoag without a new EIR must, and will, be vigorously opposed.
L. R. Runyon
200 Paris Lane, #208
Newport Beach, CA 92663
13-272
9�GE.IVED BY
COMMUNITY
DEVELOPMENT
JAN 17 2019
January 17, 2019, Planning Commission Item 1 Comments CITY OF
These comments on a Newport Beach Planning Commission agenda item are submitted by +_AIWPORT g�0011
Jim Mosher ( iimmosher(a�yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229.)
Item No. 1. MINUTES OF DECEMBER 6, 2018
Suggested changes to draft minutes passages are shown in strikeout underline format.
Page 2: last paragraph: "Dan Vittone of Starboard Realty Partners; the applicant, advised that
the prior owner of the site submitted an application to develop a mixed-use project; and the
Planning Commission denied the application in 2006." [note: the video. at 22:15, confirms this
is what was said. However; the Residences at Newport Place application was actually denied in
2016, not 2006.]
Page 4: paragraph 6: "Carol Drew Dry expressed concern regarding the children of the project
attending Newport Beach schools."
Page 8: middle of first paragraph. "The proposed c*�.UetUreel structure will be 39 feet 6 inches
to the topmost roof "
13-273
Planning Commission - January 17, 2019
FILE C g Item nf�o 4a Additional Materials Received
Hoa eel pIT1> nj'?r ent Extension (PA2018 024)
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