The URL can be used to link to this page

Home My WebLink Aboutsr_pc_20080306_pa2007-073CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 6, 2008 Agenda Item 3 SUBJECT: Hoag Memorial Hospital Presbyterian Master Plan Update (PA 2007-073) One Hoag Drive, Newport Beach, California • Certification of Final Supplemental Environmental Impact Report • General Plan Amendment No. 2007-005 • Planned Community Development Plan Amendment No. 2007-001 • Development Agreement Amendment No. 2007-001 APPLICANT: Hoag Memorial Hospital Presbyterian CONTACT: James Campbell, Senior Planner (949) 644-3210 jcampbelWcity.newport-beach.ca.us INTRODUCTION The Commission considered this project on January 31st and February 7, 2008. During the first meeting, the project was introduced and public testimony was received and several peripheral issues remained unresolved. At the second meeting, discussion focused on noise, health risks associated with the cogeneration facility, landscaping of the Lower Campus and lighting of the Lower Campus. Hoag has conducted a meeting with residents of Villa Balboa regarding the noise mitigation strategies proposed at the February meeting. As a result of the discussions related to noise and landscaping, Hoag has modified their requested amendment of the Hoag Planned Community text (Exhibit #1). Hoag has not conducted a meeting with Villa Balboa residents regarding the cogeneration facility as the City study of the efficacy of modifying the facility to abate emissions is not complete. The City Attorney's office has provided a current draft of the proposed amendment of the Development Agreement for the Commission's consideration (Exhibit #2). RECOMMENDATION Conduct a public hearing and continue this item to March 20, 2008. Hoag Master Plan Update March 6, 2008 Page 2 DISCUSSION Planned Community Text Changes Exhibit #1 is the updated amendment of the Hoag PC text in an underline and strikeout format with the most recent changes from the prior draft highlighted. The recent changes will be discussed below. 1. Changes to Section V.K - Internal Circulation As noted in the January 31, 2008, staff report, Section V.K (Internal Circulation) requires the implementation of a "pilot program" that controls the usage of service roads during non -working hours. Staff rejected Hoag's suggested language and proposed the following: "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. Except in emergency situations, deliveries to loading areas shall not be scheduled 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. Deliveries and vehicular access to loading area located along West Hoag Drive are allowed in emergency situations where critical supplies or materials are necessary for the continued operation of the hospital." Hoag now suggests the following: "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 be scheduled 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." Staff does not object to the suggested change. 2. Changes to Section V.L — Loading Dock As noted in the January 31, 2008, staff report, this section required modification and staff suggested changing "should" and "may" within the second sentence to "shall" and "will." With Hoag's proposal to install a noise barrier or sound attenuation wall, the language could read: "The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4; please refer to Section VIII, D. for landscaping requirements related to the sound wall. Mitigation measures to reduce the noise levels in Hoag Master Plan Update March 6, 2008 Page 3 the Loading Dock Area shall be incorporated into the design and operations of the hospital; such mitigation will include relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, enclosure of the trash compactor, use of acoustic panels, etc." This language would require Hoag to install the sound wall as presented at the February 7, 2008, meeting by Fred Greve, the noise consultant hired by the City to prepare the noise analysis for the SEIR. The approximate location is depicted on a map exhibit that will be part of the PC text, which is the same location exhibit presented at the meeting by Mr. Greve. It also makes a reference to Section VIII, D for landscaping requirements, which is reflective of Hoag's desire to screen the wall to soften its appearance. The installation of the wall would be on Hoag's property on the Villa Balboa side of the 25 to 32 foot high row of trees that presently separates West Hoag Drive and the loading dock from Villa Balboa. The dense row of trees would need to be trimmed back on the Villa Balboa side to accommodate the wall and the existing trees will provide an effective screen of the wall on the Hoag side. As noted, Hoag will plant sufficient landscaping on the Villa Balboa side of the wall for screening purposes. Hoag met with roughly 20 residents of Villa Balboa on February 23, 2008, to discuss the sound wall and issues related to it. Residents and owners of 260 and 280 Cagney Lane (the closest two buildings) were invited to participate. Absentee owners were mailed notices and were informed where to obtain additional information should they so choose. Staff, Mr. Greve and Councilmember Rosansky observed and participated in the informational discussion. Hoag provided story poles to show the approximate location and height of the wall and the group inspected the area. Varying comments were heard ranging from support to judicious concern to opposition. Concerns raised were: loss of light, loss of air circulation, proximity of the wall to residents, wall maintenance, loss of landscaping, replacement landscaping and landscape maintenance. Some residents want the wall to be extended further to the north and others wanted a more uniform height and some residents don't want the wall at all. There is no official position by the community and testimony may augment the debate. It should be noted that a sound wall in this area was identified in the Draft SEIR as infeasible and Mr. Greve, Bonterra Consulting and City staff no longer hold that belief. Bonterra Consulting is preparing an analysis of the impact of the wall that will be provided at the hearing for consideration. The suggested language for Section V.L also includes a requirement that Hoag implement several improvements to the loading dock area as identified in the mitigation measures. That plan is in plan check presently and is nearly ready for building permit issuance. 3 Hoag Master Plan Update March 6, 2008 Page 4 The sound wall is part of a comprehensive mitigation strategy based upon the mitigation measures within the SEIR and the revised PC text that Hoag has agreed to implement, which will significantly reduce noise. Those measures are: 1. Mechanical equipment upgrades and equipment enclosures on the roof of the ancillary building. 2. Closure of openings or the installation of sound attenuating louvers on the West Tower. 3. Upgrades to the loading dock area including the enclosure of equipment and the installation of sound absorbing panels. 4. New windows, balcony barriers and in some cases wall upgrades for those units with cedar siding. These features would be implemented for those units that are not protected by the sound wall. Should no sound wall is be constructed, all the units within 260 and 280 Cagney Lane that face Hoag and several units that face the gap between them as determined by the noise consultant will be offered these upgrades. The primary noise source at night is mechanical equipment and the noise will be reduced to 55 dBA. The primary noise source during the day is vehicle noise and loading dock activities are also a factor. The most effective solution the City's noise consultant could devise, from a noise perspective, is the proposed sound wall. As noted by the noise consultant during the February 7, 2008, hearing, enclosing the loading dock was examined and it was found to provide inferior noise attenuation to the proposed soundwall as vehicle noise would not be addressed fully. Lastly, enclosing the loading dock would exceed the cost of the sound wall and as such, enclosing the loading dock as potentially envisioned by the PC text is not recommended. 3. Changes to Section V. M — Noise Standards The February 7, 2008, staff report mistakenly describes the applicability of the existing noise limit within the PC text. On Page 8 it indicates that mechanical equipment noise is regulated and on Page 17 the reports indicates that all noise cannot exceed 55 decibels (dB) at Hoag property lines. Neither of these references is correct. The existing provision reads as follows: "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." Although the third sentence does not indicate the regulated noise source, the provision is read in the context of the paragraph and, therefore, the regulated Hoag Master Plan Update March 6, 2008 Page 5 noise source is new mechanical appurtenances on building rooftops and utility vaults. As noted in the prior report, Hoag is suggesting the elimination of the 55 dBA noise standard. Noise would then be limited by Chapter 10.26 (Community Noise Control) except for the loading dock area where Hoag is requesting a higher limit. The current limit applicable in this case as measured at the residences are: 7AM-10PM Daytime 10PM-7AM Nighttime Leq (15 min) 60 dBA 50 dBA Hoag had previously requested the following limits to be measured at the property line rather than at the residences: 7AM-10PM Daytime 10PM-7AM Nighttime Leq (15 min) 70 dBA 58 dBA If the sound wall noted above is installed, these previously proposed limits will not be necessary and Hoag has amended their request as follows: 7AM-10PM Daytime 10PM-7AM Nighttime Leq (15 min) 65 dBA 55 dBA It must be noted that although Hoag is suggesting a higher noise limit than the Municipal Code, existing noise levels experienced by residents will be reduced to or below the proposed limits with the implementation of the mitigation measures identified in the SERI and the proposed sound wall. Additional noise attenuation is not possible without resorting to an extremely high noise barrier (37 feet in some cases) and identifying a noise standard that can actually be achieved will avoid a perpetual violation. In addition to the change in the requested noise standards, Hoag sought to exempt vehicle noise and noise from activities occurring at the loading dock. Hoag has revised their requests to exempt only noise vehicle noise with the following provision: "Within the Loading Dock Area, during daytime hours, vehicles shall be exempt from applicable noise standards as listed above." There in no practical way for Hoag to control vehicle noise other than to close the road entirely. Hoag also plans to control vehicle idling with the following provision: 5 Hoag Master Plan Update March 6, 2008 Page 6 "Non -refrigerated delivery trucks will be instructed not to idle on West Hoag Drive as they are queuing to enter the Loading Dock Area." Staff is concerned that this provision is insufficient for several reasons. Even with the proposed sound wall, vehicles could idle at the loading dock. Vehicles should not stop and idle while on West Hoag Drive in any event as this impedes vehicle circulation and the roadway is a designated fire lane. Any vehicles queuing for the loading dock space should wait at a more appropriate location. Idling should not be permitted in the loading dock area at all except for refrigerated trucks that must idle to maintain necessary refrigeration. The most effective solution is to prohibit idling in the loading dock area and on West Hoag Drive with the exception of refrigerated trucks at the loading dock. It would be Hoag's responsibility to properly manage the loading dock area and staff does not recommend additional regulations to define how it is to be accomplished. Staff recommends the following language to replace Hoag's suggested language: "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" 4. Changes to Section VIII — Hoag Hospital Landscape Regulations There are two areas for change. First, additional landscaping is proposed to screen or soften facilities located on the Lower Campus. A specific list and schedule of the enhancements was included in the February 7, 2008, staff report. Secondly, a new provision is proposed to ensure that the proposed sound wall is also screened. The applicant's suggested language is below with a suggested edits by staff noted in. "Replace and enhance existing trees, shrubs and groundcover in areas altered by the planned Lower Campus utility upgrade project to improve and unify Hoag landscaping along the West Coast Highway frontage and to screen parking areas buildings or other structures. Installation would occur within 90 days after underground utility installation." "To enhance visual quality, safety and erosion control along the Lower Campus, the north slope above the Lower Campus retaining wall will be regraded to allow shrubs, and ground cover, and a new irrigation system will be installed." "Plantings and irrigation are to be maintained in accordance with the approved plans." "Approximately 870 linear feet of green screen fconsistinq of ) shall will be installed along the Pacific West Coast Highway frontage of Hoag's property west of the signalized intersection that provides vehicular access to the Lower Campus to i assst ;n-the provide screening of views of the west parking lot, buildings or other structures from Pasifis-West Coast Highway." "The project sponsor shall provide a sound wall along West Hoag Drive in the approximate location as shown on Exhibit 4. Existing landscaping on Villa Balboa's side of the wall shall Hoag Master Plan Update March 6, 2008 Page 7 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. Any future modifications made to said wall and landscaping plan shall be reviewed and approved by the Planning Director." Amended Development Agreement The current draft of the proposed amendment of the Development Agreement is attached as Exhibit #2. The principal differences are such that the previously contemplated provisions related to noise and landscaping have been removed and provisions to address those issues are proposed within the PC text. Hoag has dropped their request to waive an administrative fee for the City to issue revenue bonds and the term of the agreement is not proposed to be extended past the present term that expires in 2019. Environmental Review As noted in the prior report, the City certified the Hoag Hospital Master Plan Final EIR No. 142 in 1992 for the Hoag Hospital Master Plan allowing for up to 1,343,238 sq. ft. of uses at Hoag, inclusive of the Upper and Lower Campuses. The City has prepared a Supplemental Environmental Impact Report in accordance with the California Environmental Quality Act to evaluate the proposed project. The principal project feature that could cause a physical change to the environment are the proposed changes to the General Plan, Planned Community Development Plan and Development agreement that would allow Hoag to reallocate up to 225,000 gross sq. ft. of entitled, but un-built building area from the Lower Campus to the Upper Campus. The current maximum gross building area allowable on the Upper Campus is 765,349 sq. ft. with 67,228 sq. ft. remaining to be constructed. The current maximum gross building area allowable on the Lower Campus is 577,889 sq. ft. with 389,740 sq. ft. remaining to be constructed. Again, up to 225,000 sq. ft. of Lower Campus entitlement could be constructed on the Upper Campus. The SEIR evaluates the potential impacts of such a physical change and concludes that there would be no greater impact than that identified in the prior SEIR. A more complete summary is contained within the January 31, 2008, staff report. Responses to comments received during the comment period have been prepared for consideration, made available for public comment and were transmitted to the Commission with the January staff report. Several letters were submitted just prior to or at the January 31, 2008, hearing and staff and Bonterra Consulting, the preparer of the SEIR, have reviewed the late comments and believe they do not present any significant new information that would invalidate the findings of the SEIR. Staff may present additional Hoag Master Plan Update March 6, 2008 Page 8 responses at the next meeting for clarification. Additional comments were made during the prior hearings related to a concern that the cogeneration facility could pose a health risk. During the February 7, 2008, hearing, John Pehrson of CDM, the preparer of the Health Risk assessment for the SEIR, testified that the facility emissions will remain below SCAQMD thresholds and that health risks due to Legionella, a bacteria that can cause legionnaires disease, are insignificant with standard maintenance and operation of the facility. The suggested changes to the PC text that would lead to a physical change to the environment (sound wall, additional landscaping, etc.) are being evaluated and the results of that analysis will be presented at the next hearing for public review. The changes to the Amended Development Agreement do not represent any potential physical change to the environment. Staff will prepare suggested findings recommending certification of the SEIR to the City Council if advisable for the next hearing. SUMMARY Staff believes a viable and effective noise mitigation program has been identified. It is not known at this time whether residents of Villa Balboa desire the sound wall. Hoag could build the wall entirely on their property; however, community acceptance is desirable. The project including the recent changes to the PC text and Amended Development Agreement can be supported provided that the Commission determined that the Supplemental Environmental Impact Report and any additional supplemental analysis is adequate. Lastly, cogeneration facility emissions are currently being investigated and the findings of that review will be presented at the next Planning Commission hearing. Prepare • :y: Submitted by: es Camp ell, -nior Plan er David Lepo, Plann} Director EXHIBITS 1. Revised Planned Community Text 2. Revised Amended Development Agreement Exhibit No. 1 Revised Hoag Planned Community Text BLANK HOAG MEMORIAL HOSPITAL PRESBYTERIAN DRAFT PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS REVISED JAII7ARY:9€FEBRDARY:28, 2008 Recommended for Approval by the Planning Commission February 20,1992 Adopted by the City Council City of Newport Beach Amendment No. 744 Ordinance No. 92-3 May 26,1992 Amendment No. 2002-001 City Council Ordinance No. 2002-17 August 27, 2002 Amendment No. City Council Ordinance No. ,2008 Last saved on 2/28/2008 12:54 PM 1\ iz TABLE OF CONTENTS Page Number I. INTRODUCTION 1 II. GENERAL NOTES 2 III. DEFINITIONS 3 IV. DEVELOPMENT PLAN 5 V. DISTRICT REGULATIONS 11 VI. HOAG HOSPITAL SIGN PROGRAM 23 VII. HOAG HOSPITAL PARKING REGULATIONS 25 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS 27 IX. SITE PLAN REVIEW. 30 Last saved on 2/28/2008 12:54 PM 13 EXHIBITS Page Number 1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7 2. VEHICULAR ACCESS 8 3. DEVELOPMENT CRITERIA 15 TABLES 1. BUILDING AREA STATISTICAL ANALYSIS 9 2. PARKING REQUIREMENTS 24 Last saved on 2/28/2008 12:54 PM 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. 1 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. New mechanical appurtenances on building rooftops and utility vaults, eExcluding 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 screened designed utilizing compatible architectural materials 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. 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 be-instaledeommence within thirty (30) days of the completion of grading. 2 lb 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 building and/or buildings which measures less than 8 feet from finished floor to ceiling and is are not for general or routine occupancy, such as interstitial or mechanical occupancies; 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.) 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. 3 11 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require overnight 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 require overnight stays less than 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 ovemight stays. Site Area: For the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. containing special landscape requirements. Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. 4 IV. DEVELOPMENT PLAN Project 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 (rne-Ver-sailles-anel-Villa-BalboalSeafake-eendominiumsyto the west. The Lower Campus is located north of West Coast Highway, south of the Versaillc Sunset View linear and consolidated park and Villa Balboa'Seefaire Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 20.6137.38 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. From 1990 to 2015 Through the year 2019, 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. Lower Campus and the Villa Balboa/Soafain, Cond miniums. This view park includes a consolidated . park at t e , esterly edge efthe . pert.. (app_, n ) A bike r � a Yp�Y J \ YY J / boundaries of the Lower Campus. Access to the Lower Campus will be from West Coast Highway and potentially from Superior Avenue, as well asand 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. health carte industry while at u e same time ensuring that trip generation restrictions are 5 161 statistical analysis (Table 1) as long as the development limit (i.e., square feet) or the trip established within each phase of development is not exceeded. rd;Junaments to tho Deyelepr t Dt ti n if w o .+ `i b Y trip-generafiefralleweel-ankler-the-Development-Slan-is-net-exeeKled: 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. 6 2u UPPER CAMPUS SCALE: 1"=200' Note: Buildings labeled for identification purposes only �CO 00 ON NN O O 0 W d 2 Zz 0 03 CCI p Z� ¢a LIJ J F a Z = 5< 2re O O 0 g W w2 Z CD aJ O o. i : S E 11‘< =6 I - 4 • = •-11 * ' a. I p 1 I •• 5 2 1 0 • • 8 •' L- ,,k..^'\t ••rn: Ee' ‘,'. • , 2). FE • •r t :1 II ,t, •; •-; , L .•;,•- •• ID v I ... i v/ bi ,fiff , :1 r 4)-4 viEst049-!-SIE-7:••• , PRIMARY ACCESS (SIGNALIZED) SECONDARY ACCESS PRIMARY ROADWAYS 1 1 1 1 SECONDARY DRIVEWAY AND SERVICE SCALE:P=200' Note: Buildings labeled for identification purposes only ct co cn LLI ta. —J cn Lu < c.) 0 cc 2 5Ltj C..) 0 c:c w = TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET Site Area Allowable Existing' Net Maximum Allowable Building Area Remaining Not�t to Exeeed UPPER CAMPUS 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67.228 sq. ft. 990,349 sq. ft.2 LOWER CAMPUS 862.815 sq. ft. 577.889 sq. ft. 188.149 sq. ft. 389,740.sq. ft. 577.889 sq. ft. TOTALS 1,618,164 sq. ft. 1,343.238 sq, ft. 886,270 sq. ft. 456.968 sq. ft. 1,343,238 sq. ft.3 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 9 2 T STATISTICAL ANALYSIS Use Sq LoweeGampus Existing: Outpatient Services{Ileag Caneer Center` 63;000 7-800 Subtotal: 72,800 Phase -It Outpatient Services 115,000 Support Service 55,000 Administrative 30 000 Subtotal: 200,000 Subtotal: 305,089 Total Lower Campus 577,889 Upper -Campus E3dstings: 180,000 Phase I: Outpatient Services 25,000 Inpatient 115,000 Subtotal: 110,000 Phases II and III: 145,319 Total Upper Campus 765,319 CRAND TOTAL 1,343,2386 4 and will likely occur in three, seven y-ar phases. 3T pte50 ofth.. e,,i.ti.... . bo rode.eloped b, ... pl..1. ild eausectian-develsonsiendepthe-Gemeral-Plan-at-a-fleer-area-ratie-terss-site-area-of,65-the- lewenunipus-unki-1,04-oethe-uppeEeiunpusrlikuld+ng-Bulkla-fer-the-loweeennapus-is-0,98-fer-all-struetures- which-iue1udes-akwe-grade-covered-parkint 10 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 by definition. 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 1 Conditionin. (e) Surgery Center (f) Clinical Center (g) Day Hospital (h) Back and Neck Center (i) Biofeedback (j) Breast Imaging Center 2CT Scan (k) Dialysis (1) EEG/EMG/NICE Laboratory (m) First Aid Center (n) Fertility Services (o) G.I. Laboratory 3Laboratory (p) Magnetic Resonance Imaging (q) Nuclear Medicine (r) Occupational Therapy (s) Pediatrics (t) Pharmacy (u) Physical Therapy (v) Pulmonary Services (w) Radiation Therapy 'IRadiology (x) Respiratory Therapy (y) Sleep Disorder Center 11 2S (z) Speech Therapy (aa) Ultrasound (bb) Urgent Care (2) Administration: (3) (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services Support Services: (a) Employee Child Care (b) Health Education (c) Power/MechanicaUAuxiliary 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 Facilities' (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 Parking structures or decks do not count toward square -footage 12 Zlo (5) Medical/Support Offices 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: (a) Critical Care (b) Emergency Carc UnitDepartment (c) Birthing Suites (d) Cardiology (e) Cardiac Care Unit (0 Intensive Care Unit (g) Mother/Baby Unit SurgerYiom �x� itin n s �� 1Radiology (i) Laboratory (j) Pharmacy (lc) 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)$ b. Accessory uses normally incidental to hospital development. c. Temporary structures and uses, including modular buildings. s Does not count toward square -footage 13 Z1 B. Prohibited Uses 1. Lower Campus a. Emergency Room b. Heliport c. Conversion of mechanical or structural or utility spaces to uses that allow general or routine occupancy or storage. 2. Upper Campus a. Conversion of mechanical or structural or utility spaces to uses that allow general or routine occupancy or storage. 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. 14 UPPER CAMPUS ZONES HEIGHTZONES m ) Lu co\ x§ E§ &/ =» 2| U. £ k§ k§ (k (§ (\ k( r r r LOWER CAMPUS ZONES 0 /�k M ILO o=m 2Lu = E2§q LC 0 k0 f= 00 re <0�)tL §§§;§ |! , g, () )§ ( LOWER CAMPUS ZONE- § §\ (; \ - -1 4; , ! r§ r! ! ± // SCALE:1"=200T 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 !-ems 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. 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. 16 3a 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). with CalTrans cast property- at Superior Avenue 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 shieldconceal 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. Rather, .,uch buildings will have clean rooftops. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be concealed and designed and screened to blend into the building roof using materials compatible with roofing materials. 17 3) 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 AreasEnclosures 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 immediately adjacent residentialadjoining properties. K. Internal West Hoag Drive Circulation Limitations 1. 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. Prior to the issuance of a grading permit for any of the proposed Master Plan facilitites, the project sponsor shall implement a pilot program that controls usage of the Upper and Lower Campus service roads during non working hours. Such contr is may include requesting that the majority of vendor., deliver products (other than emergency products) during working hours (i.e., 7:00 a.m. to 8:00 p.m.), signage to restrict use of the road by Hospital other methods to restrict use. The Hospital will also request that vendors not deliver (i.c. scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The moults of this program will be submitted to the City prior to the issuance of the gradino permit. If such results indicate that such controls do not significantly impact the operations of the Hospital, and provided that requests 18 for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require that thc 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. [Note: This paragraph subject to further review.} to limit usage to physicians and staff, and service vehicles. L. Loading Dock The project sponsor shall apprtixtmate tot titian on: E landscan xi req W......... urretnents relate Or to in dock area; Mitigation measures to reduce the noise levels in the 'Loading dfock aArea be incorporated into the design and operations of the hospital; such mitigation r will include relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, enclosure of the trash compactor, use of acoustic panels. etc. The desig., .. f a , building sed a part e f .. future phas H U pper Campus the Critical Care Surgery Addition shall include an architectural and acoustical study addition. additional acoustical study shall be conducted to ^sess the sound attenuation achieved by that addition. If no significant sound attenuation is achieved, thc hospital shall submit an architectural and acoustical study asse-„ing the feasibility and sound attenuation implications of enclosing the loading dock aroa. If enclosure is determined to be physically fc,asible and Any encics„ro required pursuont to thi3 _eguirement 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. 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. use inefer to Exhibit 4.5, Loadink Dock Area 19 33 1. The applicable noise standard at the Hoag Hospital property line adjacent to the "Loading dDock Area shall be as follows: Leq (15 min) 2. Within the 'Loading &Dock 7AM—IOPM Daytime fi58 dBA vehicles; shal applicable noise standards ad vexas they;are queui g. Winn 10 PM — 7AM Nighttime 555$ dBA be exempt from any 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. 20 34 BLANK 3v UPPER CAMPUS 31 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 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. 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 wayfinding 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 boundary perimeter wall, subject to the same number and area 23 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 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 fifty (50) thirty.)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. T-his r type oh n , 4th the , emd between described above 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 parapets, 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) one (1) building -mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa Balboa/Scafaire 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. 24 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. building type and the ar a allotted to the following fiurctions. Any area that is calculated as part of the total floor ar-a limitation shall be included in the gross floor area to determine the par quipment. 25 Use Category Outpatient Services (1) (2) Support (1) (2) (3) Administrative (1) (2) Residential Care (2) Medical Offices (2) Inpatient (1) (4) I en TABLE 2 PARKING REQUIREMENTS Parking Requirements 2.0 spaces/1,000 square feet 2.31 spaces/1,000 square feet i /; 000 ro �p&cc ,��ogaaxti�ccs 0.0 spaces/1,000 square feet 4.0 spaces/ 1,000 square feet 5.3 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 2.35 spaces/I 000 square feet Parking factor based on Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542. Parking factor based on DKS Associates Traffic Study, May 1987. Support Services generates parking demand that is already accounted for in one of the other categories as determined in Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542. Parking requirement is based on current I4oag parking demand. 26 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 may include a concept for the roofs and the parking structures. Trees shall not be used, however planter boxes, green roof treatments or trellis systems may be designed to provide added visual relief of 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 boxfiftccn (15) gallon size. 3. Shrubs to be planted in containers shall not be less than one (1) 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 that damage to trees, irrigation systemstutits-and, shrubs and other planting materials is avoided. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of is not wired -and irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their matureultimate size without restriction. 7. Heavy eEmphasis 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.and ",turaiizca etation nelthe of Automatically controlledau irrigation systems shall be designed to avoid surface runoff and over -watering. 0 along' ground hit drove sect to trri' 27 regraded to allow shrubs. and ground cover, and a new irrigation system li be iistalled B. Maintenance C. 1. All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground covers 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, aAdjustments and cleaning of systems are to should be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties toshall be adjusted to avoid creating abrasions or girdling of branches or central leaders. to the stems. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. 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 Ttrees size are to be no less -smaller than twenty-four (24) inch box. D. Villa Balboa Landscape Zone leatienS 1".tl. roxnnate e 28 L13 approve the °loaf and butte"r;res E. arming Director..: service .acce:roam Parking Areas ............................. ilia Balboa 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 necessarily be in --regularly spaceding. 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 may be developed for parking structures and shall be subject to the review and the approval of the Newport Beach Planning Department. 29 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. 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 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.D.2. D. Plans and Diagrams to be Submitted 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. 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. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 30 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 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. 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 prepaid, using addresses from the last equalized assessment roll or, altematively, 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. 31 `p 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. I. 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. J. 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. 32 K. 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 approv- al 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 (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. 33 Eib Exhibit No. 2 Revised Draft Amended Development Agreement BLANK so DRAFT 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. GOV'T CODE 6 6103 (Space above this line for Recorder's use) AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 BETWEEN HOAG MEMORIAL HOSPITAL PRESBYTERIAN AND THE CITY OF NEWPORT BEACH (Pursuant to California Government Code Sections 65864-65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved Ordinance No. 2/14/08 10001.34 H&O: #44076 vDOC (2 v. I) DRAFT 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 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(eD 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").; and 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,; and 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, 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.; and 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 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 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,; and 1.13 Square Footage 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,; and 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. 63-0522236t, and 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; and, 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„and 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 Noise Element and Noise Ordinance. It is proposed that noise generated and originating from the Property be governed by the City Noise Ordinance with certain exceptions,; and 2/14/08 10001.34 H&0: 1/44076 vDOC (2 v. 1) 2 63 1.18 Noise Attenuation. Hoag has taken significant actions to attenuate noise generated from mechanical equipment and has installed landscape screening to mitigate and buffer noise and improve aesthetic impacts for adjacent residential properties,; and 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 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 further 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); (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 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; and (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 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 3 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 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 , 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 , 2008." 2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "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 , 2008, the City Council adopted Ordinance No. approving this Amendment and authorizing the City to enter into this Amendment. The adopting ordinance will become effective on , 2008." 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 4 ss 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. adopted on , 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 thise "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 "EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach, Supplemental Environmental Impact Report No. 1'12, and Supplemental Environmental Impact Report No. 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: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 5 follows: t,.an..,...crt hall be 0)391$^c��^cnciucc�iroararoz-ropc-i��;nrcarvc the Cit., rr,.;..,, Ordenancc extept-the-applieable .-d at the Hoag Propert< Ihie dj+teent to the loading 7AM 10PM Daytime 70 dBA 3A-P-M— 7-AMA '^# e S8- 13A Within the loading dock a aa:. c ,chid,. nd the ,.loading of delivery ..chides shall be „ pt fro... Wiuth. a�i �..e.vosit tpit .eaning ctivities the ♦r u Propert.- s .eh activity shall be e++empt fro... a plic..hlc..oisc standara .__case pit cleaning acth'itics shall oWaeeur between th.. hours of 11:00 a nd 3:00 p _ Saturday 8. 9rSection 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. . 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: "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, as amended. Subject to the provisions of Sections 3 and 8, City shall 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 6 �7 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. IL -Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to delete Subsection (c), which reads as follows: "(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 apart 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)." 11. 12. 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 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 7 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 offset costs associated with other City and community projects or services that benefit the public such as, among other things, public parks (sit -eh —its rfoexam lke. 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." 12.A new section, Section 8.3, shall be added to the Restated Development Agreement entitled Sales/Use Tax Origin, to read as follows: "8.3 Sales/ Use Tax Origin [TO BE INSERTED] 2/14/08 10001.34 H&O: 444076 vDOC (2 v. 1) 8 '5I (a) Hoag will include in its general contractor construction contract a notice hat Hoag's general contractor and subcontractors are encouraged to exercise their option to obtain a Board of Equalization sales/use tax subpermit for the jobsite at the Project Property and allocate all eligible sales and use tax 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 nroject, the general contractor and subcontractors electing to obtain a Board of Equalization sales/use tax subpermit 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 notice in its general contractor construction contract that the general contractor or subcontractors are encouraged to 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. Hoag 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 S100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale. 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 9 (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hose_ and shinned to Hoa2's Newport Beach location may also be eligible for direct allocation of sales/use tax to the City. Hoag will use commercially reasonable efforts to provide City on a semi-annual basis with a List of purchases exceeding the S100,000 threshold during the preceding six-month period, including the amount of the purchase and 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 use commercially reasonable efforts 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 " 13. Section 11.1(c) ofthe Restated Development Agreement entitled Notices is hereby amended to delete: "with a copy to: and to add: "with a copy to: with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 81h Floor P.O. Box 19613 Irvine, CA 92713-9613" Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614-7321" 14. A new Section 11.17 shall be added to the Restated Development Agreement as follows "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, 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 10 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 attorneys 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 to Development Agreement No. 5 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 toda_maees 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." 15. 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 ,2008 Adopted by the City Council City of Newport Beach Ordinance No. ,2008" 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 11 16. 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 DC constitute a part of this Agreement and are incorporated into this Agreement in full by this reference. 17. In the event there is any conflict between any provision of the Restated Development Agreement and this Amendment, the later approved and recorded document shall prevail in interpretation, operation and implementation. 18. 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] 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 12 V� IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Development Agreement No. 5 to be binding as of the Effective Date. ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney CITY: THE CITY OF NEWPORT BEACH, a municipal corporation of the State of California By: Edward D. Selich, Mayor OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation By: By: Richard Afable, President and CEO (Financial Officer) (All Signatures to be Notarized) F:users/CAT/Shared/Projects/HOAG DA/Amendment to Hoag DA— FINAL.doc 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 13 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or 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 capacit(-y/-ies), and that by (his/her/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or 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 capacit(-y/-ies), and that by (his/her/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [SEAL] Signature of Notary Public 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 14 kps STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or 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 capacit(-y/-ies), and that by (his/her/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or 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 capacit(-y/-ies), and that by (his/her/their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [SEAL] Signature of Notary Public 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 15 DRAFT 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. 2/14/08 10001.34 H&O: 444076 vDOC (2 v. 1) A-1 Co DRAFT Exuma L3 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) B-1 DRAFT Insert Final HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) C-2