HomeMy WebLinkAbout2020-18 - Amending a Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2020-003)ORDINANCE NO. 2020-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL
PRESBYTERIAN (DEVELOPMENT AGREEMENT
AMENDMENT NO. DA2020-003)
WHEREAS, on February 14, 1994, the City Council of the City of Newport Beach
("City") adopted Ordinance No. 94-8 approving Restated Development Agreement No. 5
("Development Agreement') between the City and Hoag Memorial Hospital Presbyterian
("Hoag"). Ordinance No. 94-8 went into effect on March 16, 1994. The Development
Agreement was executed and recorded, as document number 94-0207276, on March
23,1994;
WHEREAS, Section 6.3, "Term of Agreement," of the Development Agreement
provides a twenty-five (25) year term ("Term") from the effective date of the original
adopting ordinance;
WHEREAS, on May 13, 2008, the City Council adopted Ordinance No. 2008-10
amending certain provisions of the Development Agreement ("First Amendment') that
went into effect on June 12, 2008. The Amendment was executed and recorded with the
Orange County Clerk -Recorder, as document number 2008000289321, on June 17,
2008. The Amendment did not modify the Term of the Development Agreement;
WHEREAS, on March 12, 2019, the City Council adopted Ordinance No. 2019-6
extending the term of the Development Agreement ("Second Amendment'), which was
set to expire, for an additional six (6) months. The Second Amendment was executed
and recorded with the Orange County Clerk -Recorder, as document number
2019000188999, on June 3, 2019;
WHEREAS, .on July 23, 2019, the City Council adopted Ordinance No. 2019-12
extending the term of the Development Agreement ("Third Amendment') for an
additional ten (10) years in exchange for certain public benefits provided by Hoag. The
Third Amendment was executed and recorded with the Orange County Clerk -Recorder,
as document number 2019000318392, on August 27, 2019;
Ordinance No. 2020-18
Page 2 of 6
WHEREAS, Hoag requests a fourth amendment to extend the Term of the
Development Agreement an additional one (1) year in light of COVID-19-related impacts
that have constrained the ability to plan for the development allowed by the
Development Agreement ("Fourth Amendment"). The existing development regulations
and required mitigation measures as provided in the Development Agreement and
subsequent amendments remain unchanged by this Fourth Amendment;
WHEREAS, on July 9, 2020, a public hearing was held by the Planning
Commission of the City of Newport Beach in the Council Chambers located at 100 Civic
Center Drive, Newport Beach, California, at which time the Planning Commission
considered the Fourth Amendment. A notice of time, place, and purpose of the hearing
was given in accordance with California Government Code Section 54950 et. seq. (the
"Ralph M. Brown Act") and Section 15.45.050 of the Newport Beach Municipal Code
("NBMC"). Evidence, both written and oral, was presented to and considered by the
Planning Commission at the hearing. At the conclusion of the hearing, the Planning
Commission adopted a Resolution No. 2020-26 recommending City Council approval of
the Fourth Amendment;
WHEREAS, on July 28, 2020, the City Council held a public hearing in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place, and purpose of the hearing was given in accordance with the
Ralph M. Brown Act and Section 15.45.050 of the NBMC. Evidence, both written and
oral, was presented to and considered by the City Council at the hearing;
WHEREAS, Section 15.45.040 of the NBMC requires that development
agreements include the term, permitted uses, density and intensity of development,
maximum height and size of proposed buildings, and provisions for reservation or
dedication of land for public purposes;
WHEREAS, the Development Agreement and Fourth Amendment comply with
Section 15.45.040 of the NBMC in that the Fourth Amendment includes a Term of one
(1) year and the Development Agreement includes the permitted uses, density and
intensity of development, maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes;
WHEREAS, the City Council finds the Fourth Amendment is entered into
pursuant to, and constitutes a present exercise of, the City's police power and is in the
best interests of the health, safety, and general welfare of the City, its residents, and the
public;
Ordinance No. 2020-18
Page 3 of 6
WHEREAS, the City Council finds the Fourth Amendment is consistent with the
City of Newport Beach General Plan Policy LU 6.1 Strategy 6.1.5 by supporting Hoag in
its mission to provide adequate facilities to meet the needs of area residents and by
working with Hoag to ensure that future development plans consider its relationship to
and assure compatibility with adjoining residential neighborhoods and mitigate impacts
on local and regional transportation systems;
WHEREAS, the City Council finds the Fourth Amendment is consistent with
California Government Code Sections 65864-65869.5 and local law, including Chapter
15.45 (Development Agreements) of the NBMC, which authorize binding agreements
that: (i) encourage investment in, and commitment to, comprehensive planning and
public facilities financing; (ii) strengthen the public planning process and encourage
private implementation of the local general plan; (iii) provide certainty in the approval of
projects in order to avoid waste of time and resources; and (iv) reduce the economic
costs of development by providing assurance to the property owners that they may
proceed with projects consistent with existing policies, rules, and regulations. COVID-19
has put a strain on the health-care system and demands Hoag's full attention as a
regional provider treating those sick with the virus. Temporary closures in the
development industry resulting from COVID-19 have also effectively reduced the time
Hoag has to act on the by -right development provisions of. the Term. If the one (1) year
extension is not granted, Hoag might divert its attention from COVID-19 to plan for
future development. They might also incur increased development costs and needless
expenditure of time and resources because long-term development plans would need to
be reconstituted under a tighter future timeframe. Hoag intends to exercise the
development assurances of the Term completely to invest vital health-care
infrastructure in the community, and needs one (1) additional year to account for the
unforeseeable complications from COVID-19;
WHEREAS, the Development Agreement and Fourth Amendment is consistent
with these provisions in that the Project has allowed for the development of a hospital to
serve a community, provides a Term sufficient to complete the Project, and requires
development in accordance with the Project entitlements; and
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Ordinance No. 2020-18
Page 4 of 6
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 2: All significant environmental concerns for the Project are addressed
in previously certified Final Environmental Impact Report No. 142 (certified 1992) and its
Supplemental Final Environmental Impact Report (certified 2008). In accordance with
the California Environmental Quality Act ("CEQA") set forth in the California Public
Resources Code Section 21000, et seq. and its implementing State regulations set
forth in the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA
Guidelines"), the City Council certified Final EIR No. 142 in 1992 that addressed
potential environmental effects associated with the Project. Final EIR No. 142 included
a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in
accordance with CEQA Guidelines Section 15163, provided clarifications to the EIR and
Project, and was distributed before Final EIR No. 142 was certified.
On April 16, 2008, the City Council certified Supplemental Final Environmental
Impact Report (SCH No. 19910071003) in accordance with the provisions of the
California Public Resources Code Section 21000, et. seq., and the CEQA Guidelines.
The purpose of the Supplemental Final EIR was to analyze the potential impacts of the
proposed changes to the Hoag Hospital Master Plan development program. As part of
its certification of the Supplemental Final EIR, the City Council adopted certain CEQA
Findings of Facts and a Statement of Overriding Considerations contained within
Resolution No. 2008-27, which are hereby incorporated by reference.
The Fourth Amendment does not change the Project but rather only extends the
Term of the Development Agreement by an additional one (1) years to account for
COVID-19-related impacts. The Fourth Amendment does not amend any development
standards, development requirements, or required mitigation measures identified in
Final EIR No. 142 and the Supplemental EIR.
Section 3: The City Council has considered the recommendation of the
Planning Commission and has determined that modifications to the Project made by the
City Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Ordinance No. 2020-18
Page 5 of 6
Section 4: The Fourth Amendment to Restated Development Agreement No. 5
between Hoag Memorial Hospital Presbyterian and the City of Newport Beach
(Development Agreement Amendment No. 2020-003) attached as Exhibit "A" is
approved.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: To the fullest extent permitted by law, Hoag shall indemnify, defend
and hold harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney's fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this Fourth Amendment to
Restated Development Agreement No. 5 (Development Agreement Amendment No.
2020-003) and/or the City's related California Environmental Quality Act determinations
related to this project. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding
whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding.
Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which
City incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant to
the indemnification requirements prescribed pursuant to this provision. This Section 6
shall in no way be interpreted as limiting or suspending Hoag's indemnification
obligations as set forth in Sections 6.8 and 11.17 of the Development Agreement.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414, and the same shall become effective
thirty (30) days after the date of its adoption.
Ordinance No. 2020-18
Page 6 of 6
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 28th day of July, 2020, and adopted on the 25th day of
August, 2020, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avery Council Member Brenner Council
Member Dixon, Council Member Duffield Council Member Herdman
Council Member Muldoon
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
/SA-1-1�-
AARON C. HARP, CI ATTORNEY
Attachment(s): Exhibit "A" — Fourth Amendment to Restated Development
Agreement No. 5
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Newport Beach and is exempt
from the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.
FOURTH AMENDMENT TO RESTATED DEVELOPMENT
AGREEMENT NO.5
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved August 25, 2020
Ordinance No. 2020-18
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FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-65869.5)
This FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.
5 ("Fourth Amendment") is entered into and effective on the date it is recorded with the Orange
County Recorder ("Effective Date") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation ("City"), on the one hand, and HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public benefit corporation ("Hoag"), on the other. City
and Hoag are sometimes collectively referred to in this Fourth Amendment as the "Parties" and
individually as a "Party."
RECITALS
A. Hoag is the fee owner of approximately thirty eight (38) acres of real property
located in the City of Newport Beach, County of Orange, State of California, located at 1 Hoag
Drive (Assessor Parcel Nos. 423-011-30, 423-011-28), ("Property"). The Property is more
particularly described in the legal description attached hereto and as Exhibit A and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit B and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement Between the City
of Newport Beach and Hoag Memorial Hospital Presbyterian dated February 14, 1994, for
reference purposes and recorded in the Official Records of Orange County on March 23, 1994, as
document number 94-0207276 ("Agreement") attached hereto as Exhibit C with a twenty five
(25) year Term of the Agreement.
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 ("Amendment") attached hereto as Exhibit
D which incorporated references to a Supplemental EIR and amendment to the General Plan, an
increase in public benefits, designation of the City as the point of sale to the extent allowed under
applicable law, and amendments to the Hoag Hospital Planned Community Text.
D. City and Hoag entered into that Second Amendment to Restated Development
Agreement No. 5 and recorded in the Official Records of Orange County on June 3, 2019, as
document number 2019000188999 ("Second Amendment') attached hereto as Exhibit E which
extended the Term of the Agreement for an additional six (6) months.
E. City and Hoag entered into that Third Amendment to Restated Development
Agreement No. 5 and recorded in the Official Records of Orange County on August 27, 2019, as
document number 2019000318392 ("Third Amendment') attached hereto as Exhibit F which
extended the Term of the Agreement for an additional ten (10) years.
F. City and Hoag now wish to enter into that Fourth Amendment extending the term
one (1) year.
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G. On July 9, 2020, due to COVID-19, the Planning Commission held a noticed public
hearing on this Fourth Amendment and considered the testimony and information submitted by
City staff, Hoag, and members of the public. Consistent with applicable provisions of the
Development Agreement Statute and Ordinance, the Planning Commission adopted Resolution
No. PC2020-26, recommending the City Council approve this Fourth Amendment.
H. On July 28, 2020, the City Council held a noticed public hearing on this Fourth
Amendment and considered the testimony and information submitted by City staff, Hoag, and
members of the public. On August 25, 2020, consistent with applicable provisions of the
Development Agreement Statute and Ordinance, the City Council held second reading and adopted
Ordinance No. 2020-18 approving this Fourth Amendment.
I. This Fourth Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General Plan's designation of the Property as "Private
Institutions - PI," Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of
Newport Beach Municipal Code ("NBMC") Regarding Development Agreements" that amended
the terms of NBMC Section 15.45 (the "Development Agreement Statute and Ordinance"), the
Agreement, Amendment, Second Amendment and Third Amendment (collectively the "Amended
Agreement").
J. In recognition of the significant public benefits provided in the Amended
Agreement, and the fact that the one (1) year extension is requested as a result of delays due to
COVID-19, the City Council has found that this Fourth Amendment: (i) is consistent with the City
of Newport Beach General Plan as of the date of the Agreement, Amendment, Second
Amendment, Third Amendment, and this Fourth Amendment; (ii) is in the best interests of the
health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant
to, and constitutes a present exercise of, City's police power; (iv) is consistent and has been
approved consistent with the final Environmental Impact Report (FEIR No. 142) ("FEIR") and
the supplemental Environmental Impact Report (EIR No. ER2007-003) (SCH41991071003)
("EIR") that have been certified by the City Council on or before the date of approval, which
analyzed the environmental effects of the proposed development of the project on the Property,
and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is
consistent and has been approved consistent with provisions of California Government Code
section 65867 et. seq. and Chapter 15.45 of the NBMC.
AGREEMENT
NOW, THEREFORE, the City and Hoag agree as follows:
1. Term of Agreement. Section 6.3 of the Amended Agreement is hereby amended
in its entirety to read as follows:
"Term of Agreement. The term of this agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2030, unless otherwise terminated
or modified pursuant to its terms."
2. Full Force and Effect. Except as modified by this Fourth Amendment, the
Agreement, Amendment, Second Amendment and Third Amendment, attached hereto as Exhibit
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C, Exhibit D, Exhibit E, and Exhibit F, respectively, are incorporated into this Fourth Amendment
and shall remain in full force and effect.
3. Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
4. Counterparts. This Fourth Amendment may be signed by the Parties in different
counterparts and the signature pages combined shall create a single document binding on all
Parties.
5. Recordation. The City Clerk of City shall record this Fourth Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.100.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE TO
FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
ATTEST:
No
Leilani I. Brown, City Clerk
APPROV D AS TO FORM -
By: C. o�L
Aaron C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Will O'Neill, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:
Name: Sanford Smith, ATA
Title: Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guami
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
Attachments -
Exhibit A: Legal Description
Exhibit B: Legal Depiction
Exhibit C: Development Agreement dated February 14, 1994
Exhibit D: Amendment to Restated Development Agreement No. 5 dated .lune 17, 2008
Exhibit E: Second Amendment to Restated Development Agreement No. 5
Exhibit F: Third Amendment to the Restated Development Agreement No. 5
4
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
3-14
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
6 3-15
FOX -94 -PITH".
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2 -
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of
Miscellaneous Maps, Records of Orange County, California.
Al
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EXHIBIT B
LEGAL DEPICTION OF THE PROPERTY
3-17
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EXHIBIT C
DEVELOPNIE\T AGREEMENT DATED FEBRUARY 14. 1994
C1
3-19
ME 6108
Recording Requested By and
When Recorded Return to:
City Clerk/ -"G-
city of Newp�i? -"G-
city Beach
3340 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
0 -
11
AML
DOC # 94-0207276
23—MAR-1994 03:59 pM
Record in Ef Cial Reiurds
of Orame Comity, California
Lee A. Branch, Coantr RecorQer
°ase 1 of 61 Fees: i 0.00
Fax: $ 0.40
DRVELOPMENT AGREJU "
BSTUM
THE CITY OP NEWPORT BRACH
AM
ROAD XZKORIAL HOSPITAL PHBSBYTSAIAN
Approved February 14,_.-1994
Ordinance No. 94-8
RECEIVED
'��"
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DEVELOPMENT AGREBF[8HT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoag").
RECITALS. This Agreement relates to the following:
0-
1.1 Puroose of Agreement. This Agreement is intended to:
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag's proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and/or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
1.2 Authorization. This Agreement is authorized by, and is
consistent with, the provisions of 65864 et seg. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal Code.
1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit "B" (the "Property").
1.4 Development of the property. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ("Master Plan", a copy of which is attached to
this Agreement as Exhibit "C" and incorporated by reference
when appropriate), subject to the conditions and mitigation
measures identified in Environmental Impact Report No. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
Aft
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the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 planning Comimiission�Cjty Council Hearings. The Planning
Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed
Master Plan, and the EIR on December 5, 1991, January 9, 1992,
• January 23, 1992, February 6, 1992, and February 20, 1992. The
City Council conducted public hearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11, 1992.
1.6 nc . This Agreement is consistent with the various
elements of the Newport Beach General Plan, the Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the: purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty-
five (25) years.
1.7 Police Power. The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents: a valid exercise of,
the City's police power, and has been approved in accordance
with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City Ordinance. On February 14, 1994, the City Council adopted
Ordinance No. 94-8 approving this Agreement and authorizing the j
City to enter into this Agreement. The Adopting Ordinance will
become effective on Larch 16, 1994.
DRFINITTONH.
2.1 The "Adopting rd nancex refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "Agreement" refers to this "Development Agreement Between the '
City of Newport Reach and Hoag Memorial Hospital Presbyterian".
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2.3 4Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4 The "Approval Date" means the date on which the City Council
voted to adopt the Adopting ordinance.
2.5 All forms of use of the verb "assign" and the nouns
"assignment" and wass__S�nee" shall include all Contexts of
hypothecations, sales, conveyances, transfers, leases, and
assignments.
2.55 "California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6 "CEOA" and the "MA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7 "City" refers to the City of Newport Beach, California.
2.8 "City Council" refers to the City Council of the City.
2.9 "Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 4.
2.10 A "day" or " !I: refers to a calendar day, unless expressly
stated to he a business day.
2.11 A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "cit
Default" refers to a Default by the City, while a "_Hoag
Default" refers to a default by Hoag. ;
2.12 The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal Commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13 The "FIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14 An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
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2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "EXhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
Exhibit A: Legal Description of the Property
Exhibit B: Kap of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2. J.7 "EXistir!q General Regulations" means those General Regulations i
approved by the City on Jor before the Approval Date
(irrespective of their effective date) and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18 "Future General Regulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval
Date.
2.19 "General Regulations" means those ordinances, rules,
regulations, policies, and guidelines of the City, which are I
generally applicable to the use of land and/or construction i
within the City and include, the Fair Share Traffic
Contribution Fee Ordinance, Uniform Building Codes and water
and sewer connection and fee ordinances.
2.20 "General Plan" refers to the City's General Plan in effect on
the Approval Date, plus all amendments to the General Plan i
adopted by the city on or before the Approval Date and
effective prior to the Effective Date.
2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non- I
profit corporation.
2.22 *Includes' and all contexts and forms of the words "includes"
and "_including" shall be interpreted to also state "but not j
limited to."
2.23 "&I -_ter Plan"" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the city on May 26, 1992 (Exhibit "C").
2.24 "Mortgaoee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leasebauk agreement, or other
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transaction under which all or at portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
portions acquired by assignees.
2.25 notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
2.26 The " a ie�!" refers to the City and Hoag and a "Party" shall
refer to either of the Parties_
2.27 "Plannij2cf Co ssio " refers to the Planning Commission of the
City.
2.28 The "Project" refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.24 "Project s Approvals" weans all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, naps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30 The "Property" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DEV-4LOPKENT.
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Diaster Plan;
(b) conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR:
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(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 81 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
this Agreement.
(f) Compliance with Existing General Regulations.
3.2 Compliance with aster Plan Conditions /-Kit I gat ion Ngasures.
Hoag acknowledges that city council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees, Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction With further
study and analysis of site or subsurface conditions before
grading or construction. specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
(c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f} Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic study);
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(g)
Preparation and approval of a project trip generation
study as a condition to construction of development in
Phases II and IFI of the Master Plan;
(h)
Preparation and approval of a Traffic Phasing Ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i)
Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j)
Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air quality
Management District;
(k)
Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag's right to develop the Property pursuant to the. Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Pr am EIR4K , Hoag acknowledges that the EIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
equests for Project Specific Approvals to ensure the environmental impacts
associated With the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the city and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 [litigation Monitoring Plan. city shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Re latio s. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
for Project specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are in effect at the time applications for
Project Specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4. RIGHT TO D
4.1 R10t to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and e, city shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
4D Opposed to permitted) by state or federal law.
4.2 Reservations r— —De of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 conflicting geasures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the blaster Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construction ano completion of Project. Subject to
the provisions of this Agreement and the !Baster Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction on the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. ANNUAL R$VIBW.
5.1 City andHoag gesr=sibilities. At least every twelve (12)
months during the 'Perm, the City shall review Hoag's goad faith
substantial compliance with this Agreement (the "Annual
Review"). After the Annual Review, the city's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Rither Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall be made by the
requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed,
the reviev shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2 Public_ Hearing, The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Reach !Municipal Code.
5.3 Information to be Provided to Ho The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
5.4 Mitigation Review_ The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan_ The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the EIR. For the five year monitoring period
Imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the city Council determines, based upon the
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evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 !review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Est Certificate, Either Party may at any time deliver
*Written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel. Certificate may be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
6. GENERAL PROVISIONS,
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zane as defined by the California coastal Act (Division
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20, California Public Resources Code, beginning with Section
30000) until either (1) the required local Coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed_
6.3 Term of.. Agreement. The term of this Agreement (the "Term")
is shall begin on the Effective Date and continue for twenty-five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.4 Assignment. Hoag has the absolute right to assign (see Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) Subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (L,CP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective pate of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 E orcement, This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project, or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement,
6.6 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
COKFLICT LAW.
7.1 Conflict with State and Federal Laws and Regulations. Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations which required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f) Hoag consents in writing to the modification.
{g} Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
Section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 6.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25%) of the maximum permitted development.
a. PUBLIC BENEF TS BTACTIOHB.
8.1 public Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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Plan and this Agreement confer benefits on the public and
nearby
residents by imposing long term restrictions on tate
height,
amount and location of development as well as the
public
improvements described in Section 8.2.
6.2 Exactions. Hoag shall, as a condition to the right to develop,
do the
following:
(a)
Prior to commencement of development, irrevocably offer
to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the SIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The city shall ensure that
adequate erosion control weasures are implemented prior
to construction.
(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Baster Plan, or the SIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
Institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
{i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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9. DEFAULT4 REMEDIZO MM TERMINATION.
9.1 General_ Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
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(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in West Newport to park land and public
recreation facilities proposed in conjunction with
development of the West Newport oil company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improve=ments that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
Dollars ($200,000.00)-
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the coastal
Commission reduces entitlement by ten percent (lot) or
more from that authorized in the Master Plan.
9. DEFAULT4 REMEDIZO MM TERMINATION.
9.1 General_ Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
9.2 OP -tion to Imititute ai Proceedings.gr to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall he
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default.. The findings of the City
Council as to the existence of a Default shall have no weight
In any legal proceeding brought to determine the existence of
a Default. The validity of any termination may he challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 waiver. Failure or delay in giving Notice of Default shall not
waive a Party's right to give future Notice of the same or any
other Default.
9.5 Default by Hoa . If the City alleges a Hoag Default, the City
shall conduct a hearing utilizing the Annual Review procedures
required by this Agreement before the City may commence legal
proceedings to terminate this Agreement.
9.6 Default by the City.. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
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obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the city.
.0 ENCUMBRANCES AND RSLEMRB ON PROPERTY.
10.1 Discretion to Encumber. Hoag may encumber all or any portion
of the Property in any manner. The city acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The city agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the city's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the coastal commission or its successor agency.
10.2 Entitlement to Written Notice of Default. Any Mortgagee and
its successors and assigns, upon written request to the city,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoaq is provided with Notice
pursuant to Section 9.1.
11.o KISCELLANEBUS PROVISIONS.
11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
17
3-37
To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, cA 9266o
Attention: city attorney
Attention: City Hanager
To Hoag: Hoag Memorial Hospital Presbyterian
Newport Boulevard
Newport Beach, CA 42563
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, McHolm G Winton
19200 Von Harman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforced Delay; Extesi OILoF_Time of Performance. Neither Party
shall be deemed to be in I3afault where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
unforeseen circumstances, litigation, or similar bases for
excused. performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 Severability. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
in
AMk
3-38
Agreement shall become void. For purposes of this section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of sections 3, 4 and 8 are
deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
all negotiations and previous agreements between the Parties
0 regarding that subject matter.
11.5 Waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
commission or its successor agency.
11.6 Incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 further Actions and Instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assigns- subject to section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 ponstruction of Agleement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the State of California. This
Agreement is not intended to impermissibly contract away the
19
Aft
3-39
legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect_ on Title. This agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the official Records
of orange County no later than ten (10) days after the
Effective date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Lecral Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
correct, or remedy any Default, to enforce any provision of
this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of Orange, State of California, or in the
Federal District Court in the Central District of California.
11.16 or s' Fees_ In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
AMk
3-40
' Date: d
, 1994 CITY OF NEWPORT BEACH
Clarence rner, Mayor - W
I
l
Date: March 9
, 1994 HOAG ?iEI�SORIAL OSPiT SITYTERIAN
BY:
Albert J. A e
Chairman of t e Board i
i
u
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wb�s"q*A. Tn1
1/21194
21
3-41
Exhibit A
� A1C 'sal
The subject property is the following real property in the City of Newport Beach, County
of Orange, State of California,-
Parcel
alifornia;
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in
Block l 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.
3-42
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3-43
•
HOAG MEMORIAL HOSPITAL PRESSYTERLiN
PLANNED COW MUNITY
DEVELOPMENT CRI TER1A
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance Na 92-3
May 26, 1992
Exhibit C
3-44
TABLE OF CONTENTS
Page
•
May 26, 1942
Aft
V
3-45
Number
L
IDtrodaction
1
M
General Notes
2
III.
Definitions
4
IV.
Development Plan
6
V.
District Regulations
11
VL
Sign Program
20
VII.
Parld-g Program
22
VIII,
Landscape Regulations
24
IX.
Site Plan Review
27
•
May 26, 1942
Aft
V
3-45
•
•
EXBaB[TS
Par
Number
1. Planned Community Development Plan 7
2 Internal CirCUIaiion 9
3. Development Criteria LS
TABLES
1. Statistical Analysis 10 I
2 Parking Requirements 2 i
May X M
H
3-46
1. INT ODUCnON
Dacku�Lund
'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 ciassified and developed for hospital -related uses. `lice 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 gencral, over the long
terra, 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.
•
!Hap 71, 1992
Ank
3-47
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-5 and K -G regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments_
5. All buildings shall meet Title 24 requirements. Design of buildings shall take into
account the location of building air intake to maximi m ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and utility vaults, excluding
communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines_ No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
Wray 26. 1992
r-19
2
3-48
S. Grading and erosion control shall be carried out in acmrdance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Depattmenm
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 czist.
10. Mass grading and grading by development phases shall be allowed provided that
Landscaping of exposed slopes shall be installed within 30 days of the completion
of grading.
is
May :5. 1442
Aft
3
3-49
M. DEF[TlI'I'1ONS
��lding Elewdtinn:
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.
I
Building Env__.__ to . the volume in which a building may be built as circurnscnbed by I
setback lines and maximum allowable building heights.
Bulading Height: the vertical distance measured from the finished grade to the
highest point of the structure. At all, points, the height measurement shalt run with the
slope of the land. f
l=.atmel=n a Room a service and facility designated to provide acute emergency medical
services for possible life threatening situations.
EM Aid: low acuity medical treatment for non -life threatening situations_
eral.Pian: the General Plan of the City of Newport Beach and all elements thereof,
Qr ,Slg: 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 i
allow for subterranean parking.)
AML
2. Natural - the elevation of the ground surface in its natural state
before man-made alterations.
3. fisting - the current elevation of ground surface.
lripati@ni15eS: hospital patient services which require overnight stay.
Landscap, Area: the landscape area shall include on-site waLlis, plazas, water, rooftop
t
sur 26, IM 4
3-50
landscaping and all. other areas not devoted to building footprints or vehicular parking
and drive surfaces. i
M, ea Level: a reference or datum mark measuring land elevation using the
average level of the ocean between high and low tides.
a Otalpat nt Uses: hospital patient services which do not require overnight stay.
Residential Care: medially -oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site Area: for the purpose of determining development area: }
1. Gross - parcel area prior to dedications.
Z Net - parceI area after dedications.
e
Special Landscap Street: West Coast Highway is designated as a special landscaped
street, containing special landscape requirements.
Streets: reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
0
n+.y us, Ian
R
3-51
IV. DEVELA)PMEN1' PLAN
W
The upper campus of Hoag Hospital is located on a triangular site of approximately
1757 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
north and existing residential developments (the Versailles and Villa Balboa/Seafaire
condominiums) to the west_ The lower campus is located north of West Coast Highway,
south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential Care and support services.
l2evelotnnent On.
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1.
From 1990 to 2015, many of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies
The Development Plan includes a 0.9 acre view park adjacent to the bike trail between
the lower campus and the Villa Balboa/Stafaire Condominiums_ This view park
includes a twenty -foot wide linear park area adjacent to the bike path (approximately
0.5 acres) and a consolidated view parr at the westerly edge of the property (approxi-
mately 0.3 acres). A bike trail connection is also provided between the existing bare
trails at the northern and southern boundaries of the lower campus. Access to the Iower
• campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital related
ruses. Instead, a developable area is identified based on the regulations established for
this Planned Corrunuitity District, Becauuc of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health rare services
are delivered, the Development Plan for Haag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan-
'" .)5, 1971
F— --I
3-52
LEGEND
mAREA OF OEVELOi MD(T
PLANNED COMMUNITY DEVELOPMENT PLAN EXNorf I
HOAG MEMORIAL HOSPITAL PRESBYTERIAN n - M=
3-53
The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag HospitaL In order to provide flexibility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development cap is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profile provided in
the statistical aualysi& For example, if changing hospital needs necessitate the
development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as Iong as a corresponding adjustment in square
footage � d trip generation for another use were to occur.
'This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis (Table 1) as long as the development limit (Le, square feet) or
the trip generation limit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded.
Adjustments to the Development Plan may be allowed if the torah square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowcd under the Development Plan is not exceeded.
is
M" as, g9w
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3-54
r is
LEGEND
® PRIMARY ACCESS (SIGNALIZED)
® SECONDARY ACCMiSS
® SERYICE ACCESS
PUBLIC CIRCULATION
STAFF) ONFIVICE CIRCULATION
~� OOAiT
7UT
VEHICULAR ACCESS EXHIBIT,
HOAG MEMORIAL HOSPITAL PRESBYTERIAN ®zm
3-55
1 Fuu div kgrmcat of the eppa u d io r mmpu s anadpated to o r ower m approomatz W -y— period =d dill 1i3tctJ occur
in thtrc, —tin y"r phare
2 Up m $0% of the erisvug upper ramp" mry be rr fe.zloped by maaaer plaq buildout.
1 Baud ort dnedapmeoc atloovS under the Ci_ncrel Plan at a floor ,iter ratio to V,cire area of 65 for the lode, enmpuc aad LD
for the upper mmpm Building BuM limit for the ]over ompuc is 090 for all etrocl r which incfudn .ba zvdc cwctrd parking
t.(ry ZQ 1552
Aft
10
3-56
Table 1
STATISTICAL, ANALYSIS'
Sguarc Fect
1,0%,er Campus
Elisting.
Outpatient Services (Hoag C uccr Center)
65,000
Child Care
7,800
Subtotal:
72,800
Phase I:
Outpatient Services
115,000
Support Service
55,000
Administrative
30,000
Subtotal:
200,000
Phases II & III:
Subtotal:
305,089
hfallvnK Camnu
577,889
Upper Campus
Fjdsti ngZ
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
.
Subtotal:
140,000
Phases II & IIi:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,2383
1 Fuu div kgrmcat of the eppa u d io r mmpu s anadpated to o r ower m approomatz W -y— period =d dill 1i3tctJ occur
in thtrc, —tin y"r phare
2 Up m $0% of the erisvug upper ramp" mry be rr fe.zloped by maaaer plaq buildout.
1 Baud ort dnedapmeoc atloovS under the Ci_ncrel Plan at a floor ,iter ratio to V,cire area of 65 for the lode, enmpuc aad LD
for the upper mmpm Building BuM limit for the ]over ompuc is 090 for all etrocl r which incfudn .ba zvdc cwctrd parking
t.(ry ZQ 1552
Aft
10
3-56
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital -related uses which fit into the five permitted use
categories are allowed by defmitiom Prior to the issuance of a building permit, plot
plans, elevations and any other such documents deemed necessary by the Planning,
Building and Public Works Departments sball be submitted for the review and approval
of the Planning, Building, and Public Works Departments.
A EeEmitted Uses
I. Lower Campus
a) Hospital facilities, including, but not limited to:
L Outpatient services:
• Antepartum Testing
• Cancer Center
Skilled Nursing
• Rehabilitation
• Conditioning
• Surgery Center
• Clinical Center
• Day Hospital
• Back and Neck Center
• Biofeedback
e Breast Imaging Center
• CT Scan
• Dialysis
•
EEG/EMG/NICE Laboratory
• Fust Aid Center
• Fertility Services
• G.I. Laboratory
• Laboratory
• Magnetic Resonance Imaging
• Nuclear Medicine
• Occupational Therapy
• Pediatrics
Pharmacy
• Physical Therapy
. Pulmonary Services
!".r 2j� ren
F--7
11
3-57
3-58
• Radiation Therapy
• Radiology
• Respiratory Therapy -
• Sleep Disorder Center
+ Speech Therapy
• Ultrasound
ii. Administration
• Admitting
• Awdliary Office
• Business Offices
• Information
• Registration
• Patient Relations
• Social Services
m. Support Services:
• Employee Child Care
• Health Education
• Power/Mechanical/Auxiliary Support and Storage
• Food Services
Cashier
• Chapel/Chaplaincy Service
• Conference Center
• Dietitian.
• Gift Shop
• Laboratory
Medical Library
+ Medical Records
• Pharmacy
• Engineering/Maintenance
• Shipping/Receiving
+ Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
• Substance Abuse
• Mental Health Services
• Extended Care
• Hospice Care
• Self or Minimal Care
• Congregate Care
Mq 266 ova
12
3-58
V. Medical/Support Offices
b) Methane gas flare burner, collection wells and associated system
W-9 16, 1992
AMk
13
3-59
components.
C)
Accessory uses normally incidental to hospital development.
d)
'Temporary structures and uses, including modular buildings.
•
2 Upper Campus
a)
Hospital fatalities, including, but not limited to_
i) Inpatient uses:
• Critical Care
• Emergency Carc Unit
• Birth Suites
• Cardiology
* Cardiac Care Unit
Intensive Care Unit
• Mother/Baby Unit
• Surgery/Waiting Rooms
• Radiology
Laboratory
• Pharmacy
H) Outpatient services as allowed on the lower campus
iii) Administrative uses as allowed on the lower campus
iv) Support services as allowed the lower
on campus
v) Residential care as allowed on the lower campus
vi) Heliport (subject to Conditional Use Permit)
b)
Accessory uses normally incidental to hospital development.
c)
'Temporary structures and uses, including modular buildings.
W-9 16, 1992
AMk
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3-59
` B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maidpwig Building Hei b
The maximum building height of all buildings shall be in accordance with Exhibit 3
which established the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the
existing tower (235 feet above mean sea level).
2. Upper Campus Midrise Zone - maximum building height not to exceed
140 feet above mean sea level.
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
4. Lower Campus Zone, Sub-Areas A, B, C, F and G - within each sub-area
no building shall exceed the height of the existing slope and conform to
the range of maximum building beights indicated on the development
criteria Exhibit 3.
5, Lower Campus Zone, Sub-,Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (57.5 feet above
mean sea level).
D. t6a
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3,
I. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Se ,&e Condominiums, as defined below.-
a)
elow:a) Upper campus western boundary setback shall be the prolongation
of the westerly edge of the exMag 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 29
minimum building setback.
Mwy z6, im 14
3-60
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DEVELOPMENT CRITERIA
HOAGAEMORIAL HOSPITAL PRESBYTERIAN---.
3-61
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DEVELOPMENT CRITERIA
HOAGAEMORIAL HOSPITAL PRESBYTERIAN---.
3-61
2. The setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet -
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required_
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requiremcnts of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20%v of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet
3rd Floor and above; A minimum of 201/1a of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet
The setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet.
i
In addition, vertical articulation shall be required for buildings westerly of
the signal for buildings within 150 feet of the West Coast Highway
frontage, as fnilows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in beight, it shall be subject to the
articulation requirements of the 2nd Floor.
. 2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 55 feet
M.r 2b, 1492
3rd Floor and above; A minimum of 20%a of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet. t
i
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width. Additional-
ly, 20%; of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
16
3-62
10'0 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 bindings.
These requirements may be altered for individual buildings, if requested
by the hospital, through the site plan review process defused in Section IX.
. 3. There will be no building setbacks along the boundary with CalTraus east
property at Superior Avenue and West Coast Highway.
4_ A 20 fiat setback Ecom pruperty line shall be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided
along Hospital Road.
E. Liphting
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to minimiw light spillage and glarc to the adjacent residential uses
The plans shall be prepared and signed by a licensed Electrical I~ngineer.
F. Roof T Cattnent
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 Lawer Campus. Rather, such buildings will have clean rooftops. Minor
rooftop equipment neccssary for operadrig purposcs will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G. Signs
All signs shall be as specified under the Hoag Hospital Sign Program, fart Vl.
H. Parlzin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
t.4y X 1992
17 t
3-63
All landscaping shall be as specified in the Hoag hospital Landscape Regulations, Part
Viii.
k ".TOY. O r•_ . 1eT
Prior to issuance of a building. permit, the project sponsor shall subunit platys to the City
Planning Department which illustrate that all mecbanicai equipment and trash areas will
be sacened from public streets, alleys and adjoining properties.
K Internal Circulation
Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campos service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) during working
hours (i e. 7:00 a -m- to 8:00 p.m..), signage to restrict use of the road by
Hospital employecs, physicians, patients and visitors during non -working
hours, and other methods to restrict use. The hospital will also request
that vendors not deliver (La. scheduled and routine deliveries) on the
weekends.
This restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
Issuance of the grading permit If such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
. that requests for specified vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. if operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
2. The lower campus service road shall include provisions for controlled
access to limit usage to physicians and stafty and service vehicles.
May 26, 3942
18
3-64
•
L Loading Bock
Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the project sponsor shall implement an acoustical and/or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area -
113c design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
dock area by that addition_
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation implica-
tions of enclosing the loading dock area. If enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required. Any enclosure required pursuant to this requirement may encroach
into any required setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
May 26, IWZ
19
3-65
C7
•
VI. HOAG HOSPITAL SIGN PROGRAM
A- 1!1LtWsc and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wail and ground -mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital_
B. (ar
,Ural Sign StAqdWds
1. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on -building, may be illuminated or non -illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
budding 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 l I{ -L
C. Number of Sighs A1lawed
1_ One (1) double-faced primary identification ground -mounted sign or two
single faced gateway entry signs shall be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Total marinrum signage area
shell not exceed two hundred (200) square feet and shall not exceed ten
(I0) feet in height per sign and street frontage. This sign may occur as a
wall sign, io be located upon a project boundary perimeter wall, subject
N6y A 1992
Ln
RMOT01
is
to the same number and area maximums desm-bed above. This sign may
also occur as pan of an entry gateway systern.
2- Secondary identification signs shall be allowed. 'This sign type shall not
exceed a maximum height of 48" average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction- Maximum sign area shall not
exceed thirty-five (35) square fec . This sign may oc= as a wall sign to
be located upon a project boundary perimeter wall, subject to the same
number and area maximums desmbed above.
3. Vehicular and pedestrian directional signs shall be allowed. This sign type
may occur as a single -faced or double-faced sign- This sign type shall
occur with the sign suspended between two upright supports having the
same depth (thickness) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation- The elevation facing west (Villa Balboa
property fine) may not be illuminated.
5. On the lower campus, one (1) building -mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa/Seafaire property. Such signs will he no higher than the roof
line of the building upon which they are mounted.
racy M, IM
21
3-67
Vl[. HOAG HOSPXTAL PA LING EtEGUTATIONS
A n r'
1. Off-street parking for Hoag Hospital shall be provided on-site. Pariong
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 e
and approval of the city Traffic Engineer and the Public Works Depart-
ment
u
3. Parking Iot lighting shalt be developed in accordance with City standards
and shall be designed in a manner which minimi=s impacts on adjacent
Land uses. Nightdme lighting sball be limited to that necessary for security
and shielded down from any adjacent residential arca. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been. met. The lighting
plan shall be subject to review and approval of the City Planning
Department.
B. Reouirements for Offstreet Parkin
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functiom, Any area which is calculated as part of the
total floor area fimitation shall be included in the gross floor area to determine the
parking requirement.
!may 2bi W2
3-68
•
1
Category
Outpatient Services
support
Administrative
Residential Gare
Medical Offim
Inpatient
Table 2
PARKING REQUIREMENTS
n
2.0 spaces/1,000 square feet'
1.0 spaces/1,000 square feet`
4.0 spaces/1,000 square feet*
1.0 spaces/1,000 square feet`
4.0 spaces/1,000 square feet -
125 spaces/1,000 square feet••
Parking requirements are based on a study performed by DKS Associates in May,
1987.
" Parking requirement is based on current Hoag Hospital parking demand.
Hay 26. 1942
23
f
3-69
•
[-I
VIII. HOAG HOSMAL LANDSCAPE REGULATIONS
A- General
i. Detailed landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect, shall be reviewed by the
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a building permit
and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Pian may include a concept for the roofs and the parking
structures, Trees shall not be used, but a planter boar or trellis system
shall be designed to provide visual relief of parking structures. All
landscaping shall conform to the building height limits established in this
test
2. Parking lot trees shall be no less than fifteen (15) gallon size,
I Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4. Every effort should be made to avoid using plants with invasive and
shallow root systems.
5. Earth berms shah be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided
6. Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7. Heavy emphasis shall be placed on the use of drought -resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
S. Maintenance
1. All planting areas are to be kept free of weeds and debris.
2. Lawn and ground covers are to be kept trimmed and/or mowed regularly.
May 26, 1992
24
3-70
3. All plantings are to be kept in a stealthy and growing condition. Fer iliza-
don, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
5. Stakes, guys and ties on trees should be chccked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
stems_
b. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. Special Landseapcd Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street A IS building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed in the
setback arca, Parking areas shall be screened from view of West Coast Highway with
landscaped berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and
shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped
in a similar manner_ Tree size to be no less than twenty-four (24) inch box.
D. Vill n
The area between the Villa Balboa/Floag property line and the loading dock service
. access road shall be landscaped except for any driveway, walkway, or other hardscape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area_ Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berating and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
K -r A 091
•
•
A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Pa kse Beaches and Recreation Department and the
approval of the Planning and Public Works Departrncnts. Rooftop landscaping small
conform to height restrictions_
May 26, ]992
26
3-72
rf- SrfE PIAN REVIEW.
►�
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 10 establish a Site Pian 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 reguirements as set forth in Section VD2 to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital -
B. Findin
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, cacemivc
building bulk on arterial roadways, inappropriate placement of structures and
impairment of the benefits of occupancy and use of c'dsting properties in the arca.
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.D2
D. Plaris a m Submiftcd
• 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. Tile plot plan shall show the
location of entrances and exits, and the direction of traffic flow into and
out of off-street parking and loading areas, the location of each parking
space and loading space, and areas for turning and maneuvering vehicles_
The plot plan shall indicate how utility and drainage are to be provided.
May 7l-, IM
27
3-73
r�
l�
u
2. A landscape plan. drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, readedngs or sketches, drawn to scale, showing all.
elevations of the proposed buildinp 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. E=
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 subsection B, in order to carry out the
purposes of this chapter as established by said section, the site plan review procedures
established by this Section shall be applied according to and in compliance with the
following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Test);
2. Development shall be compatible with the character of the neighborbood
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 maximie 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
stseetscape on West Coast Highway;
K.y 26, IM
28
3-74
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearin - Reouired Notice
A public hearing shall be held on all Site Pian Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall he posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing -
IL L Action the Planning _ornmission
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 sball 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 an 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 (Red 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.
Mar 26, r"n 29
3-75
Arty 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_
iJ. Action hy the City Council
An appeal shall be heard and acted on by the City Council, and the City Councii may
affirm, reverse or modify the decision of the Commission. The decision of the City
Council is final.
K- �i an and .Revocation of Site Plan R
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
2. Violation of 'Perms. 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 bearing on any proposed
revocation after giving written notice to the permittee at least ten days
prior to the hearing, and shall submit its recommendations to the City
Council The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
t�--�Planentg\PCIPJCI\H4AG HRSP
"26. 1992
30
3-76
F'fjf� 4
OnA
ft,
1 •� h i
EKMW D
Deis Paquatod:
Dade of CGrtlBctie:
On ,the Gty at Nevrport Basch approved the 'Dem
MwnwW
AAQ,.raye,,rrw ti *ww to Gly d Newr�,ro�rlt DomM w4 !~help
Tl', 6ioppel Certtksoo w"
a that. Is d ft 'Do,* " Qer� eet forth �
CHE" WHERE APPUCAR E
1. The Dmabprmrif Aar ment remakm bbxft end ef[&L*s;
Z. The Dattefoprnent AQreurnerit has not igen sawxW;
S. The Dawr*p7bwd AWwr&M hu bean w. mm rd in to t im
4. Neither HosQ nor fYnjn of 4 wiconwM ter In
1e9a10- under the Dovefppnwd Agement;
5- The Umirg dek tf3 exbt under the DW*pment AW m M
TNS Cartf @tB mate be refied upon by any trent finee or mortMee
hareet In the property whish is of tine Doti bpment AWommmnL
CITY OF NEWPORT BEACH
BY:
NAAAE-
TITLE.
EXHIBIT D
son 1 pII7
Ify
3-78
EXHIBIT D
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
DATED JUNE 17, 2008
DI
3-79
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO;
i
City Clerk
City of Newport Beach
3300 Newport Boulevard
P_O. Boa 1758
Newport Beach, CA 92659-1768
This Document was electronically recorded by
ER Cert Mail D
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
11®®,,,®®11111 NO FEE
2008000289321 12:35pm 06/17/08
120 33 A17 56
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00
EXEUPT FFQM EILING T -'US CAL. GOVT
(Space above this line for Recorder's use)
IRT RECORDING REQUES1
GCNERNMENT C"01DE 47383
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERCAN
AND
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Nemport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
FINAL
5/16108 10W1.34
H&O: #58720 A
3-80
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 EKQM F1LJNG FEES CAI_. G!2V'x CODE & 6 1 Q
(Space above this line For Recorder's ase)
EXEMPT RECORD NG REQUEST PER
G011ERNMEN7 CODE 21363
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
1
t
BETWEEN
HOAG MEMORIAL HOSPI'T'AL PRESBYTERIAN
i
AND
i THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45) i
Approved May 13, 2008 �
Ordinance No- 2008-10
4
r
- FINAL
511 W8 10001.34
H& 0o N58720 A
i
3-81
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memoria3 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
I . The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
1,9 Hoag Propert _ 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 "ProperV).
1,10 Hoag Healthcare Services. Hoag is a modern, state-of-
the-art acute care, not-for-profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag Community Benefit Programs. In addition to
providing state-of-the-art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
burnoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $I0
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_
CJ FINAL
5/1608 10001.34
R&D: 45mo yr
3-82
1. 12 EIR No. 142 and P.C. Text, On May 26, 1992, the
City Council of City ("City Council"} certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ("Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
("P.C, Text") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage of Buildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1. 14 Development Agreement No. 5. On May 26, 1992, the
City Council adopted Ordinance No. 924 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. 63-05272-36-
1.15 Restated Development Agxeement. On February14,
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 an March 23, 1994 as
instrument No. 94-0207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C. Text to provide that certain non -occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
FINAL
5116.98 1000 E .34
H&O: #59720 vi
3-83
Noise Element in the General Pian and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated Development AgcM% t Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ("P -C. Text") to, among
other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ("FAR") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable budding 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)
ampus;
(b) maintain a rap 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 a]1225,000 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 bower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
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(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk SIough, including a requirement that Hoag
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(0 incorporate the Second Amendment to
the P.C. Text
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
I. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 PloWne Commissian/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, 092, March 30, 1992, April 13, 1992 and May 11,
1992. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amcndrnent, the Supplemental
EER, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16, 2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 948 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
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this Amendment and authorizing the City to enter into this
Amendment. The adopting ordinance will become effective on June
12, 2008."
3. Section 2.1 ofthe Restated Development Agreement entitled the Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94-8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adogting_ Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement' refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "EW' refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
6. Section 2.23 of the Restated Development Agreement entitled Master PIan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Pian
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 (q 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."
N
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8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Pram EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. I42. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
114.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.2 Public Bearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
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It. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the BIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12 Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk SIough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things, the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
f~ FTN AL
5116/08 10001.34
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13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one-half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one-half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance ofthe 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 fust $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 -tum 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 tate 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 fiends remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
Rr1A.
5116108 10001.34
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offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated 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."
I4. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled SaleslUse Tax Origin, to read as follows:
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5116108 10001.34
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"8.3 Sales/ Use Tax Oriein
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales/use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with there on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filingthe tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations_ Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
91
I
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Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and "taxation Code and use the permit for all
qualifying individual purchases in excess of $100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
tax to the City. Upon request of the City, Hoag will
provide City on a semi-annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six-month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share ofsal es/use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset Vier Park Improvements, to read as follows:
"8.4 Hoag shall reimburse the City up to $ 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
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16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"$.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
daily between November I" and April 30'x', between
the hours of 7:00 ATM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 1 I A (c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"With a copy to: Tim Paone
Paone, Callahan., McHolm & Winton
19100 Von Karman, 8" Floor
PA_ Box 19613
Irvine, CA 92713-9613"
and to add:
`with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 926I2
1t FFNAL
5116108 16001.34
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3-92
with a copy to: Gary McKitterick
Allen Matlains Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 926147321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows.
"11.17 Indemnification/Hold armless To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harnfless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every ]anti and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement ofoveriding considerations for
this Project. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
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19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL. HOSPITAL PRESBYTERIAN
PLANNED COMMUNTT Y
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008-10
May 13,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all of the other terns,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
21. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten ( 10) days following the effective
date of adoption of the Ordinance approving this Amendment_
[Signature page follows]
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1
1N WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
CITY:
THE CITY OF NE RT B CH, a municipal
corporation oft S,tate fCali rr}ia
By.
Edw e ich, or
AT r�$T:
LaVonne Harkless, City Clerk
Al'.P OVED AS TO FO
Fri / Robin Clauson, City Attorney
OWNER:
HOAG MEMORIAL HOSPITAL i
PRESBYTERIAN, a Califomia onlprofit public !
benefit co ti
By, it1�
Richard F. Afab , M.D.
President and CE
i
(,411 Signatures to be Xotarized)
I
4
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ci6,
On t\ V* before rt1e, t
Dow
personally appeared fJ tSi�(
CorrrnLzrlon # Tbd3477
'r root -y Pubdc - CJS
Orange Couray -
My Comm. r Jon 25.201
LELAN L ititOWN
GQmv**)n # 1633477
qty pubic - coft"da
00011 a county
iawconvm2l' J n25.1'01
Ra— Notary serf AtV
N
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(e) islam subscribed to the
within instrument and acknowledged to me that
he/she*ey executed the same in heir authorized
capacity(e*, and that by hWhmWiaic signature(s) on the
instrument the person(# or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct_
WITNESS my hand d official sea].
�1
Signature
stp,a, of fie
OPTIONAL
Though rho Information below is not repirad by Tarr, it may prove vafir able to persons relying on the document
and could prevent 8audulant removal and realtachmsnt of this corm to another doeumsnt
Description of Attached Document
Title or Type of Document:
Document Date:
Sigrser(s) Other Than Named Above:
Capacity(les) Clalmed by S"r(s)
Signer's Name:
G Individual
Corporate Officer—Tine(s): —
C Partner —'3 Limited G General
El Attorney in Fact
i-] Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
i11CHT IHUI�1pt'niNT
n;. Sli[NEn
Number of Pages:
Signers Name:
* Individual
❑ Corporate Officer — 'Fitle(s):
[3Partner— C]Limited El General
❑ Attorney in Fact
C Trustee
C Guardian or Conservator
J Other:
Signer Is Representing:
air,'-�TTn U-.�Hpr w
Or SK r4E=;
02C07 JN4aW Not y A&m cWaw• 8350 G Sob A»9, P,O.et:12402 - Chauw rv,, CA 91313-2402• m Na[al,a.'NmarF9'9 Pom r$207 Re9rder; GaJ'faS f wn 1-800878.L8Z7
3-96
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On NN� i j, 2e o s before me, e,,.L), c
(Rete u�crri rramc and IiUe of the officer} �
personally appeared 12i-0_k"'ed A'Cq 0C
who proved Io me on the basis of satisfactory evidence to be the person(,o whose ❑amam subscribed to
the within instrument and acknowledged to me thatQ'ak/ tely executed the same in thb;ir authorized
capacity(i*, and that by 1 if /their signature$ j on the instrT*nent the person(o , or the entity upon behalf of
which the person(s� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
6E34gk NJili�S
WITNESS my hand and official sea]. mxlxumt �l
SiguatrucofNiotary Public(�Y )
ADDMONAL, OffIONAL INFORMATION
DESCRJYflON OF THE ATTACHF'D DOCUMENT
�P -4'6��FL'EJl a-iCtJc•Ia E..ireli-
(Tide or dscziptian of attached docurribt)
MU& or de=V iiwt of attached docurn tr i cantinupt)
Number of Pages 33.,_. Document Date s
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
0
Individual (s)
its
Corporate Officer
:de rf aNa.CEo
(Title)
'�
PartncY(s)
D
Attorney -in -Fact
D
Trust=(s)
D
Other
2008 Version CAPA v12.14.07 806-873-9865 www.IVetaryClasses.cout
INSTRUCFTONS FOR COMPLETING THIS FORM
Any aebiowledgmort completed in Ca46rnta amst contain v Kaye erectly as
appears abore in the notary secdon or a separate aclwowkar mere form must be
properly completed and artadred io ihar docrmtent. The only cr option it if a
dacwmaf is to be recorded outride of Cal(jarnia. fr sud in<r. Azes., any ala?tkrtivc
ackno-wledgmem verbiage as may be printed on such a daartrenr sa fang o the
verbioge does not m pine the notary to do son thbrg That a dlsgal for a nucry is
Colgkrntta r.e. certifying the authortrrj rapacity of 11fe signer). Please check the
docranemt carefully for proper notarial Kvrdhtg and auaeh thin fprrn if rcgrdred
• 5mre and County inforrmticn must be the State and County where tie doramtenr
signets) personelly appeared before thenotaty public for achrowledgmertt
• Date of nwAzittion must be the date that the sigwr(s) persaoslly appeared wbich
must atm be ibe stone daze the ackwwtedgment is eornplesed.
• The notary public must runt his or her name as it appears within his or bei
cm umL%on followed by a cormna and thea your tide (nrttsry pablic)-
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• The notary seal impre-ssion roust be cl= and Photographically rcproducibla
tMiXressian away not cover text or linea. !f seal itnpztssion smudges, re -seal if a
sir cicni are permits, otherwise eomplete a difiereat ac{mow1cdgment farm
• Signature of the notary public noim march the signature on file with the office of
the county clerk.
r Additionf information is not rrg7iircd but could bele to ensure [his
acknowledgment is not misuacd or attached to a dis3Ercru 6c uncut
v lndicata tide or type of acached document, number of pngm and data
4 Indicate the capacity daimul by the signer. If the claimed capazity is a
cotwwc: offiu , indicue the title (i c. CEO, CFQ. Ser=tary),
• Securely antt,ch this decimev to the signed document
3-97
I
i
1
7
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7
EXHIBIT A
i
j LEGAL DESCRIPTION
The subject property is the following real property in the City ofNewport Beach, County of Orange,
State of California: j
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 $$ of Miscellaneous Maps, Records of Orange County,
California
Parcel 2:
That portion ofLot 172 in Block 1 of Irvine Subdivision, as shown on
a map recorded in book 1, Page $$ of Miscellaneous Maps, Records
of Orange County, California.
FINAL
5115108 10001.34
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EXHIBIT C
E HOAG MEMORIAL HOSrrrAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adapted May 13, 2008
Ordinance No. 2008-9
Effective June 12, 2008
1 J FINAL
y 5/16106 IM134
H&a 958720 Yl C-1
3-100
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
FTNRL_Hoag PC_4a 1909&DOC
3-101
i
1
Hoag .'ifemorial ffospita'f Presbyterian Planned Caftw xity D next Criteria and District ReWadoms
TABLE OF CONTENTS
Page
Number
I.
INTRODUCTION
I
11.
GENERAL NOTES
2
III.
DEFINITIONS
3
IV.
DEVELOPMENT PLAN
5
V.
DISTRICT REGULATIONS
to
VI.
HOAG HOSPITAL SIGN PROGRAM
21
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
(�.
F1NAI,_Hoag_PC_04 ] BpBa TQC
3-102
—Hoag Afemorial Hos ' al Presbyterian Planned Carrrmunity Development CriWia and Ditrricf Regulations
LIST OF EXHIBITS
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP
2. VEHICULAR ACCESS
3. DEVELOPMENT CRITERIA
4_ PROPOSED SOUND WALL LOCATION PLAN
5. LOADING DOCK AREA LOCATION
6. LANDSCAPE MATRIX
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN
8. COAST HIGHWAY LANDSCAPE SCREEN
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS
2. PARKING REQUIREMENTS
FIN.A1,_Hnag_PC 041808ai)oc
Page
Number
7
8
14
19
20
32
33
34
4
23
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Hoag Metwdal Hospital PresbvferFan Planned Commuwty Development Cnled and District Regulations
1. 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 teat 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.
c,)
..-` FINAL_Hoag_PC_N1848&.r)OC
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Hoag MemorW Hospital Presbyterian Planned Cammrnity Development Criteria and Dts'nel Regulations
11. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the 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 K4
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, al] 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 Fre equipment and acetFs shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grad i ng.
FINAL Hoag_PC_04I309a DOC
3-105
Haag M~ -al Hospital Presbyferian Plam4r4 Community Derwlopmeni Criteria and District Regulanoas
M. DEFiMUONS
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 ofa building.
Building_Envelome: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
BuildingH_ e_iQht: 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.
EmerZency Room: A service and facility designated to provide acute emergency medicsd services
for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of building, or portion thereof, including the surrounding
exterior walls, but excluding:
I. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3, As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy;and
4. As applied to new construction permits issued on or after August I3, 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 al 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.)
(- e[�n� Hoo�rc_oa,sosaaoc 3
3-106
Hoag,ilemorW Hospital Presbyterian Plawned Community Development Criteria and Disinct Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
I Existing - the current elevation of ground surface_
inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping
and a]I other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark treasuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (224) flours.
Residential Care: Medical}y-oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications_
r
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
FINA L_Hoag_PC_OA I Rp&a pOC 4
3-107
Hoag Menmrial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IV. DEVELOPi fENT 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 to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset Yew linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services_
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. 'Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Louver Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
i
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 nattare of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Haag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Pram EIR and Subseouent Proiect Specific Approvals
Hnag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCI -141991071003). The EIRs analyze the
impacts of construction phased overtime and, pursuant to CEQA, the City is under a continuing
FINAL_atoag PC 041808a.DOC
3-108
Hoag Me—hal Hospital P—A"enan Planned Comr wm4 Dewfopment Criteria and Dablef Regolafdons
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
` RNAL Hca&_PC_4a18o8a_DGC 6
3-109
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Note: Sulldings labeled foridenUflcation purposes only
SCALE, 10d200'
PLANNED COMMUNITY SITE AND BOUNDARY MAP QW18171
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08-20.07
REVISED 01.22.08
VA
3-110
LEGEND
��
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��� SECONDARY ACCESS
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VEHICULAR ACCESS EXH18IT 2
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.20.07
REVISED 01.22.08
m
3-111
I
Hoag Memorial Hospital Presbyterian Planned Community Developmmt Criteria and District R%xlatiaet
j TABLE I
BUILDING AREA STATISTICAL ANALYSIS
As of the date of adoption.
Z Up to 225,040 square -feet can be transferred from the Lower to the Upper Campus
' Demolition of Borne existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
1 FINAL -Hoa? PC_041808a-DOC 9
3-112
TOTAL of LOWER CAMPUS & UPPER CAMPUS &RLDiNG AREAS -
MAxImum ALLOWABLE. 1,343,238 SQUARE -FEET
Maximum
Allowable
Net
Allowable
Site Area Building Area
Existia t
Remainin
rn
U
765,349 sq. ft. 765,349 sq. ft.
698,121 sq. ft.
6748 sq. ft.
990,349 sq. ft
C4
w
a
rn
862,815 sq. ft. 577,889 sq. f.
188,149 sq. 1
389,740 sq. ft-
577,889 sq. t.
O
a
0
1,618,164 sq. ft. 1,343,238 sq. ft.
886,270 sq. fi.
456,968 sq. ft.
1,343,238 sq. fL'
F -
As of the date of adoption.
Z Up to 225,040 square -feet can be transferred from the Lower to the Upper Campus
' Demolition of Borne existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
1 FINAL -Hoa? PC_041808a-DOC 9
3-112
Hoag Ue—ial Hospital Presbyterian Planned Camnwnity Development Criteria and District Regulations
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list Other
hospital -related uses which fft into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted U5
Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(1)
EEGIEMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
[nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
FRNAL Hoag_PC_PdI&69AADC
IQ
3-113
.i
II
f
i
i
Hoag Memorial Haspiial Presbyterian Planned Cornnwn4 Developmew Criteria and Dislriel Regulations
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Infnrmation Desk
(e)
Registration
(f)
Patient Relations
(g)
Social Services
(3) Support Services:
(a)
Employee Child Care
(b)
Health Education
(c)
Power/MechanicaUAuxiliary Support and Storage
(d)
Food Services
(e)
Cashier
(Ej
Chapel/Chaplaincy Service
(g}
Conference Center
(h)
Dietitian
(i)
Gift Shop
0)
Laboratory
(k)
Medical Library
(1)
Medical Records
(m)
Pharmacy
(n)
Parking Facilities4
(o)
Engineering/Maintenance
(p)
Shipping/Receiving
(q)
Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(5) Medical/Support Offices
' Parking structures or decks do not count toward square -footage
FINAL_HoatLPC_041808a.D 0C l 1
3-114
t
i
Hoag Mrmariat Hospital PraByterian Planned Community Development Crfterea and Diurict Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
I
€ d. Temporary structures and uses, including modular buildings.
t 2. Upper Campus
a Hospital facilities, including, but not limited to --
(1)
o:(1) Inpatient uses including, but not limited to:
i
j (a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
j (g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)
b. Accessory uses normally incidental to hospital development_
c. Temporary structures and uses, including modular buildings.
S Does not count toward square -footage
1 FINAL_ Hang_ PC_Od180giLDOC 12
3-115
ifoag Merwrial Hospital Prerbytrrian Planned Community De mlopment Criteria and D&&icl Regulations
B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a_ Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plein, which establishes the following height zones:
I. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
I 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. Dower 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.
FINA ,_nnab_Pc a4I808O.00c 13
3-116
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DEVELOPMENT CRITERIA PLAN � _ _ IXHIBFT3
HOAG MEMORIAL HOSPITAL. PRESBYTERIAN 08-20-07
REVISED 01.22.08
14
3-117
PPER CAMPUS ZONES
TOWER ZONE- MAXIMUM BUILDING HEIGHT
235' ABOVE MEAN SEA LEVEL
A1IDRISE 20NE• MAIdMUM RIILWNO HELOHT
140' ABOVE MEAN BEA LEVEL
®
PARKING LONE.. MAMMUM BLk1,OLNO HEIGHT 80' ABOVE MEAN SFA
Lt L. DLCl11SfVE OF ELEVATOR TOWER
LOWEtt CAMPUS ZONES
LOWER CAMPUS ME- SUB • AREASA, B, C, F, AND G• 140 BUILDING SHALL
EXCUO THE HEIGHT OF THE EXISTING SLOFE OR THE
RANGE OF MAI WWW BUILOLNG HEIGHTS LNDLCATEO
O
wu,4omuml54MAU SUS -AREAS OAND E•MAMMUMBUWIMHEIGHT
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DEVELOPMENT CRITERIA PLAN � _ _ IXHIBFT3
HOAG MEMORIAL HOSPITAL. PRESBYTERIAN 08-20-07
REVISED 01.22.08
14
3-117
Hoag Menwrial Hospital Presbyterian Planned C'ammunhir Development Criteria and District Rrgulationy
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, ail 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 die West Coast Highway frontage, as
follows:
lst 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. j
In addition, vertical articulation shall be required for buildings westerly of the '
I '
signal for buildings within one -hundred fifty (150) feet of the West Coast I
Highway frontage. as follows: 1
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the Ist floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
yl FTNAL_HmS_PC OJIAM.DOC 15
3-118
Hoag Memorud Hos ' Pnnbyrerime Planned Community Develegmenf Criteria and Dawn Regularions
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet_
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two -hundred fifty (250) linear feet in width. Additionally, 20a1a 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
bicyclelpedestrian 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. Where will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
t
Highway).
d_ 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.
A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lim
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
FtN A1._Haag_PC_o4 [ 9Q&.00C 16
3-119
Hoag Memorial Harplial Presbyterian Planned Comnwnity Development Criteria and Dixtricl Regulations
G. Signs
All signs shall be as specified under the [-coag Hospital Sign Program, Part VI.
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
J. Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Might time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. ,Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
FINAL_f-fvag_PC_941SON DOC 17
3-120
i
Hoag Uemarr'a! FTaspital Presbyterian Planned Co mna finny Development Criteria and DaYnct Regalatfnns
j M. Noise- Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
i
Dock Area Location, For the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the {
Loading Dock Area shall be as follows: l
7 AM — 10 PM 10 PM — 7 AM
Daytime Nighttime
{
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on P Saturday between the hours
of 11:00 AM and 3:00 PM_ l
0 FINAL Hoag`PC_C14I808aDOC 18
3-121
LEGEND
ExIsdag Fence
- — Pmperty LJne
Easement Line
18.5' High Weil.
r ` •` . 23' High Wall
'` iT High Wail
r N .. ..
�: •
� .. ....... 14' High wall
1 NOTE Sound Wall is apprasimately 470 Linear Feet
l f,, i•' ' w , w Sound Wall height measured from
adjacent roadway surface.
,.
�b z-
c
1iTa4?�Es�
non.
SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN apol3, 2008 0 40 8o
E)(HIBIT 4
3-122
............
LEGEND
PROPERTY LINE AS IDEFMfTED IN SECTION M.1., DISMCI REGULATIGNS
LOADING DOCK AREA AS FDE?0 FIED IN sEenoN MI., DIM ICT R EGULATIGN$
UPPER CAMPUS
WWAL
�"--
IIP161'ifr1lHIRi1 ,i!
,,� \ +rw+uiisu�ran+ r '
rn cakffuft
I -,,Ft JVITIT IMP!
'H
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
20
3-123
Nam
LOWER CAMPUS
NAM*
foo a 100 200
Nobe: BuIldhigs 1044ed for ilantfflcatlon purposts onty
SCALE: i'-200'
LOADING DOCK AREA
FXWIRrrFi
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
20
3-123
Hoag Memorial Hospital Presbytenan Planxed Community IDevelopmeni Criteria and Ash -rd R xlatroxs
VL HOAG HOSPITAL SIGN PROGRAM
A. PuEpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
S. General Si Standards
All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on -building, may be illuminated or non -illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4_ All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 1 10-L.
5. For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double-faced primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
C) F3NAl. ha
ag_PC_041808a, DOC 21
3-124
Hoeg Memorial Hospttal Presbyforlan Planned Commundy Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square Feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted -
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (1 1) feet average height above finished grade.
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
. • nNAL HwS_PC_04 E BOBa DOC 22
3-125
.','oaSr Memorial Hospital Preshylerian Planned Community Depelopment Cnreria and District R Kfations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
I . 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. ne 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 Parkin
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
TABLE 2
PARKING REQUIREMENTS
Use Category
Parking Requirements
Outpatient Services 2.31 spaces/1,000 square feet (1)
Support 0.0 spaces/1,000 square feet (1)(2)
Administrative 5.3 spaces/1,000 square feet (1)
Residential Care 1.0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 2.35 spaces/1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. [542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
rINAL_J4oaC_PC_04I608a])OC 23
3-126
Haag .1lenwrial I&Fpital Presbyterian Planned Corrrrrur io Dewtopswnt Criteria and District Reguhajons
VII]. HOAG ROSMAL LANDSCAPE REGULATIONS
A. General
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure --'
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over -watering.
S. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit 46, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and 98. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit 46.
FtNAL_H0ag_PC_04 I Ma.DOC 24
3-127
Hoag Memorial Hospital Prevb rerian Planned CommYnity Development Criteria and Disniet Regulations
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures_
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creasing abrasions or girdling of branches
or central leaders_
G. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landsme .Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing Iandscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Uboa Community Association. The plan
frNAt._Hoeg_PC_041809m.DDC 25
3-128
float Memorial Has itat PresWrri—.Planned Community Devdopmwat Crileria and District Reguta6ons
shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter panting area landscaping, benning and depressing of parking areas to provide
additional screening. ,Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Cower Campus and Shall be subject to the review and the approval of the Newport
Beach Planning Department.
FINAL Hoa&_PC_04ISO&LDOC ZG
3-129
Hoag Memorial Hospital Prerbyterlan Planned Community Drvelopmrat Criteria and Dishict Regulafions
I
t
IX. SITE PLAN REVIEW
I
s
A. P_ uEpose
T,,- Council finds that deveiopi,i. at on the Lower Campus of Hoag Hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
i Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development plan, the Development Agreement and the standards set forth below in sub -section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
I . Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
3. Replacement of existing cooling towers; emeept for aiiaaek�-
$_ Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C_ Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section 1X.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
FINAL Hoag PC_0418GSa.DOC 27 j
Nuag M—&r-I HO -I. -f ! Presbyterian Plaxned Community DT+elaprnenl Criteria and District Regulations
A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties_
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional informatidn 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:
The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3_ Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
FINAL_Houg_PC 44IEGgaDDC 28
3-131
Moar
L Memorial Hospital Presbyterian Planner! Community Development Criteria and District Regulations
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas. pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Reciuired Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. in addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve
the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director_
The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been fled by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (21) days after the Director's action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed_
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.
xtNAL_tioag_rC_oa 1908a DOC 29
3-132
Hoag Memorial Hospital Presbyterian Planned Commrtnity Development Crilena and Dislrlet Regukdomy
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 -ane (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision_ Such action by the City Council shall be final.
Appeal to the ity Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council.
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
Is_ Expiration and Revocation of Site Plan Review Approvals
t. Expiration_ Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time_
2_ Violation of Terms. Any Site flan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with_
3. Hearin. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
FINAL_Haag_pC 041808aDOC 30
3-133
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_ Exhibit #6 31
3-134
HOAG LOWER CAMPUS IMPROVVilaNT PLAN
Exhibit *7
A\
32
3-135
WAX
HOAG LOWER CAMPUS IMPROVVilaNT PLAN
Exhibit *7
A\
32
3-135
PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAM
f,,acprt• rh
Hoag Memori lHc !ttPlmsmedan W34/mm
Nn�wnlem, L Exhibit of 2a
3-136
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008-10 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosau,sky, Curry, Daigle, Gardner, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of May 2008_
(Seal)
,7 IV
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA ]
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH )
I, LAVONNE M_ HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008-10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2008.
In witness whereof, I have hereunto subscribed my name this day of
2008.
City Clerk
City of Newport Beach, California
3-137
EXHIBIT E
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
E1
3-138
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO.5
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65564-65569.5
and Newport Beach Municipal Code Chapter 15.45)
Approved February _, 2019
Ordinance No. 2019-
3-139
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-65869.5)
This SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
("Second Amendment") is entered into and effective on the date it is recorded with the Orange
County Recorder ("Effective Date") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation ("City"), on the one hand, and HOAG MEMORIAL
HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation ("Hoag"), on
the other. City and Hoag are sometimes collectively referred to in this Second Amendment as
the "Parties" and individually as a "Party."
RECITALS
A. Hoag is the fee owner of approximately thirty eight (38) acres of real property
located in the City of Newport Beach, County of Orange, State of California, located at 1 Hoag
Drive (Assessor's Parcel No.'s 423-011-30, 423-011-28), ("Property"). The Property is more
particularly described in the legal description attached hereto and as Exhibit C and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit D and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement dated February
14, 1994, for reference purposes and recorded in the Official Records of Orange County on
March 23, 1994, as document number 94-0207276 ("Agreement").
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 ("Amendment"). All terms not otherwise
defined in this Second Amendment shall have the meanings given them in the Amendment and
the Agreement.
D. Under the Agreement, the Term of the Agreement was for twenty five (25) years
and the Parties now desire to enter into this Second Amendment to the Agreement to extend the
Term another six (6) months.
E. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code ("NBMC")
Regarding Development Agreements" that amended the terms of NBMC Section 15.45 (the
"Development Agreement Statute and Ordinance"). This Second Amendment is consistent
with the Development Agreement Statute and Ordinance.
G. This Second Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General PIan's designation of the Property as "Private
Institutions - PI," and the Amendment and Agreement.
H. On January 17, 2019, the Planning Commission held a properly noticed public
hearing on this Second Amendment and considered the testimony and information submitted by
City staff, Hoag, and members of the public. On January 17, 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the Planning Commission
3-140
adopted Resolution No. PC2019-003, recommending the City Council approve this Second
Amendment.
I. In recognition of the significant public benefits that the Agreement, as amended,
provides, the City Council has found that this Second Amendment: (i) is consistent with the City
of Newport Beach General Plan as of the date of the Agreement, the Amendment, and this
Second Amendment; (ii) is in the best interests of the health, safety, and general welfare of City,
its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of,
City's police power; (iv) is consistent and has been approved consistent with the final
Environmental Impact Report (FEIR No. 142) ("FEIR") and the supplemental Environmental
Impact Report (EIR No. ER2007-003) (SCH#1991071003) ("EIR") that have been certified by
the City Council on or before the Agreement Date, which analyzed the environmental effects of
the proposed development of the Project on the Property, and all of the findings, conditions of
approval and mitigation measures related thereto; and (v) is consistent and has been approved
consistent with provisions of California Government Code section 65867 and NBMC chapter
15.45.
J. On February 26, 2019, the City Council held a properly noticed public hearing on
this Second Amendment and considered the testimony and information submitted by City staff,
Hoag, and members of the public. On , 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019-, finding the Second Amendment to be consistent
with the City of Newport Beach General Plan and approving this Second Amendment.
AGREEMENT
NOW, THEREFORE, City and Hoag agree as follows:
Term of Agreement. Section 6.3 is hereby amended in its entirety to read as
follows:
"Term of Agreement. The term of this Agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2019, unless otherwise
terminated or modified pursuant to this Agreement. Any modifications to this
Agreement prior to effective certification of the City's Local Coastal Program
("LCP"), are subject to the review and approval of the Coastal Commission or its
successor agency."
2. Full Force and Effect. Except as modified by this Second Amendment, the
Agreement and Amendment, attached hereto as Exhibit A and Exhibit B, respectively, are
incorporated into this Second Amendment and shall remain in full force and effect.
3. Recitals. The Recitals set forth above are true and correct and incorporated
herein by reference.
4. Counterparts. This Second Amendment may be signed by the Parties in
different counterparts and the signature pages combined shall create a single document binding
on all Parties.
2
3-141
5. Recordation. The City Clerk of City shall record this Second Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section
15.45.100.
[SIGNATURE PAGE FOLLOWS]
Attachments - Exhibit A: Development Agreement dated February 14, 1994
Exhibit B: Amendment to Restated Development Agreement No. 5 dated June 17,
2008
Exhibit C: Legal Description
Exhibit D. Legal Depiction
3-142
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Diane B. Dixon, Mayor
ATTEST:
in
Leilani I. Brown, City Clerk
APPROVED AS TO FO
By: Re r
Aaron C. Harp, City Attorney 1*44"1414
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
4
3-143
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On , 20 before me, , Notary Public,
personally appeared, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
-5-
(seal)
3-144
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of Califomia
County of } ss.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
W
(seal)
3-145
EXHIBIT A
DEVELOPMENT AGREEMENT DATED FEBRUARY 14,1994
-A1-
3-146
R
`f �D0a6p18 REQI�STPER
GWERMWMK 61Q
Recording Requested By and
When Recorded Return to:
City Clerk' J ?. %n' -
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
0 —
•
DOC # 94-447276
23—MAR-1944 o3:59 pM
Recorded in Official Recur&
of Oram Canty, ratifornia
Lee A. Braod, County Recorder
Pase 1 of til Fenn f 0,00
Tax. t 010
REDj VED
kW 6
DE"LOPMM AGUE=NT
HHTWSSli
THE CITY OF sEWPORT BEACH
1
AHD
HOAG MSMORM HOSPITAL PRESBYTERIAN
Approved February 14, 1994
Ordinance No. 94-8
3-147
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoag").
RECITALS. This Agreement relates to the following:
1.1 Purpose of Agreement. This Agreement is intended to:
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag's proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and/or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
• 1.2 Authorization. This Agreement is authorized by, and is
consistent with, the provisions of 65864 et seq. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal Code.
1.3 Interest of Hoaq. Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit "B" (the "Property").
1.4 Development of the Property. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ("Master Plan", a copy of which is attached to
this Agreement as Exhibit "C" and incorporated by reference
when appropriate), subject to the conditions and mitigation
measures identified in Environmental Impact Report No. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
Aak
3-148
the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 Planning Commission/Cita 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 bearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11, 1992.
1.6 Consistency. This Agreement is consistent with the various
elements of the Newport Beach General Plan, the Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty-
five (25) years.
1.7 Police Power. The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents a valid exercise of,
the City's police power, and has been approved in accordance
• with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City Ordinance. On February 14, 1994, the City Council adopted
Ordinance No. 94-8 approving this Agreement and authorizing the
City to enter into this Agreement. The Adopting Ordinance will
become effective on March 16, 1994.
2. DEFINITIONS.
2.1 The "Adopting Ordinance" refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "Avreement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian".
Aft
3-149
4
2.3 "Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section S.
2.4 The "Approval Date" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5 All forms of use of the verb "assign" and the nouns
"assignment" and "assignee" shall include all contexts of
hypothecations, sales, conveyances, transfers, leases, and
assignments.
2.55 "California coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6 "CEOA" and the "CEOA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7 "City" refers to the City of Newport Beach, California.
2.8 "City Council" refers to the City Council of the City.
2.9 "Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10 A "day," or "days" refers to a calendar day, unless expressly
stated to be a business day.
2.11 A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "City
Default" refers to a Default by the City, while a "Hoag
Default" refers to a default by Hoag.
2.12 The "Effective Date" refers to the effective date of the
Adopting ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal Commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13 The "EIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14 An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
3
AML
3-150
2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
• Exhibit A: Legal Description of the Property j
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17 "Existing General Regulations" means those General Regulations
approved by the -City on or before the Approval Date
(irrespective of their effective date) and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18 "Future General Regulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval
Date.
2.19 "General Regulations" means those ordinances, rules,
regulations, policies, and guidelines of the City, which are 1
generally applicable to the use of land and/or construction i
within the City and include, the Fair Share Traffic i
Contribution Fee Ordinance, Uniform Building Codes and water
and sewer connection and fee ordinances.
2.20 "General Plan" refers to the City's General Plan in effect on
• the Approval Date, plus all amendments to the General Plan
adopted by the City on or before the Approval Date and
effective prior to the Effective Date. i
2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non-
profit corporation.
2.22 "Includes" and all contexts and forms of the words "includes"
and "including" shall be interpreted to also state "but not j
limited to." w
2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "C").
2.24 "Mortgagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
4
AIM
3-151
•
r
Aft
transaction under which all or a portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
portions acquired by assignees.
2.25 "Notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
2.26 The "Pa ieg", refers to the City and Hoag and a "Party" shall
refer to either of the Parties.
2.27 "Planning Commission" refers to the Planning Commission of the
City.
2.28 The "Project" refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.29 "Project Specific ApprgXals" means all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30 The *Property" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DBVBLOPMSNT.
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) Conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR;
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(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) Conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 81 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
• this Agreement.
(f) Compliance with Existing General Regulations.
3.2 Compliance with Master Plan Conditions/Mitigation Measures.
Hoag acknowledges that City Council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
(c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic Study);
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(g) Preparation and approval of a project trip generation
study as a condition to construction of development in
Hoag's right to develop the Property pursuant to the Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Program EIR. Hoag acknowledges that the EIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
equests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
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Phases II and III of the Master Plan;
(h)
Preparation and approval of a Traffic Phasing Ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i)
Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j)
Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air Quality
Management District;
(k)
Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag's right to develop the Property pursuant to the Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Program EIR. Hoag acknowledges that the EIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
equests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Reculations. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
for Project Specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are in effect at the time applications for
Project Specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4. RIGHT TO D
4.1 Right to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project Specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
0 opposed to permitted) by state or federal law.
4.2 Reservatiops or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construction and Completion of Project. Subject to
the provisions of this Agreement and the Master Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction an the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. ARWAL RMER.
5.1 City and Hoacr Responsibilities. At least every twelve (12)
months during the Term, the City shall review Hoag's good faith
substantial compliance with this Agreement (the `Annual
Review"). After the Annual Review, the city's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Either Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall be made by the
requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed,
the review shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Beach Municipal Code.
5.3 Information to be Provided to Hoaq. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
5.4 Nitiaation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the EIR. For the five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 Review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Estoppel Certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
Provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel certificate nay be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
GE?MRAL PROVISIOH8.
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting Ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal zone as defined by the California Coastal Act (Division
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20, California Public Resources Code, beginning with Section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This subsection is intended solely to
comply with the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed.
• 6.3 Term of Agreement. The term of this Agreement (the "Term")
shall begin on the Effective Date and continue for twenty-five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.4 Assignment. Hoag has the absolute right to assign (see Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
• basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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•
7.
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events.
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project; or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
CONFLICTS OF L711f.
7.1 Conflict with State and Federal Laws and Re4ulations. Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations ich required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f) Hoag consents in writing to the modification.
(g) Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
• proposed modification to ensure compliance with this
Section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25%) of the maximum permitted development.
8. PUBLIC BENEFITS/SZACTIONS.
8.1 Public Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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Plan and this Agreement confer benefits on the public and
nearby residents by imposing long term restrictions on the
height, amount and location of development as well as the
public improvements described in Section 8.2.
8.2 Exactions. Hoag shall, as a condition to the right to develop,
do the following:
(a) Prior to commencement of development, irrevocably offer
to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(26/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The City shall ensure that
adequate erosion control measures are implemented prior
to construction.
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Master Plan, or the EIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in west Newport to park land and public
recreation facilities proposed in conjunction with
development of the West Newport oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
•
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement by ten percent (10*) or
more from that authorized in the Master Plan.
DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
9.2 Option to Institute Legal Proceedings or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 Waive . Failure or delay in giving Notice of Default shall not
waive a Party's right to give future Notice of the same or any
other Default.
9.5 Default by Hoa . If the City alleges a Hoag Default, the City
shall conduct a hearing utilizing the Annual Review procedures
required by this Agreement before the City may commence legal
proceedings to terminate this Agreement.
9.6 Default by the City. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
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obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the City.
�.0 ENCUMBRANCES AM RELZROZO ON PROPIM.
10.1 Discretion to Encumber. Hoag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 gntitlement to Written Notice of Default. Any Nortgagee and
its successors and assigns, upon written request to the City,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoag is provided with Notice
pursuant to Section 9.1.
11.0 MIBCSLLANEOUs PROVISIONS.
11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
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To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: City manager
To Hoag: Hoag Memorial Hospital Presbyterian
. Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Barman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforced Delav:Extension of Time of Performance. Neither Party
shall be deemed to be in Default where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
unforeseen circumstances, litigation, or similar bases for
• excused performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 Severability. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. I£,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
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Agreement shall become void. For purposes of this section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of sections 3, 4 and a are
deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
• all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 Waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
Commission or its successor agency.
11.6 incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and Instruments, Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
• actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assicns. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 Construction of A=eement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the State of California. This
Agreement is not intended to impermiseibly contract away the
19
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3-166
legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
performance of Hoag's obligations under this Agreement.
11.12 gmsent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the official Records
of orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Legal Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
correct, or remedy any Default, to enforce any provision of
• this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of orange, state of California, or in the
Federal District Court in the Central District of California.
11.16 Attorneys' Fees. In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
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Hata: '�-a�-9v 1994
CITY OF NEWPORT BEACH
By
Clarence rner, Mayor
Date: March 9 , 1994 HOAG MEMORIAL OSPIT SBYTERIAN
• By:
Albert J. A e
Chairman of the Board
wb0u2da4. int
1/21/94
•
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Exhibit A
The subject property is the following real property in the City of Newport Beach, County
of Orange, State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in
• Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page
88 of Miscellaneous Maps, Records of Orange County, California.
Parcel 2:
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map
recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange
County, California.
•
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3-169
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CJ
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26, 1992
F�
Exhibit C
3-171
TABLE OF CONTENTS
•
may 26, 1992 1
3-172
Page
aL
Number
1
Introduction
IL
General Notes
2
III.
Definitions
4
IV.
Development Plan
6
V.
District Regulations
11
VL
Sign Program
20
VII.
Parking Program
22
VIII.
Landscape Regulations
24
Ix
Site Plan Review
27
•
may 26, 1992 1
3-172
EXHIBITS
•
May 74 1992
AMk
ii
3-173
Page
Number
0 1.
Planned Community Development Plan
7
2.
Internal Circulation
9
3.
Development Criteria
15
TABLES
1.
Statistical Analysis
10
2.
Parking Requirements
23
•
May 74 1992
AMk
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3-173
OnRODUCITON
and
0 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 confect with the
regulations of the Newport Beach Municipal Code, the regulations contained in the
Planned Community text shall take precedence. The Municipal Code &hail regulate this
development when such regulations are not provided within these district regulations.
All development within the Planned Community boundaries shall comply with all
provisions of the Uniform Building Code and other governing building codes.
May 26, ]992
3-174
II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the Qty of
Newport Beach.
2. Development of the subject property will be undertaken in accordance with the
0 flood protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council
Policies K-5 and K-6 regarding archaeological and paleontological resources.
4. Facept as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments.
5. All buildings shall meet Title 24 requirements. Design of buildings shall take into
account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and atility vaults, excluding
• communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
May 26, 1992
Adw
3-175
is
8. Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Budding and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. S. 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 east.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall be installed within 30 days of the completion
of grading.
May 26, 1992
3-176
RI. DEFINITIONS
Buildinig Elevation i
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.
WdWg I
Emmk=: the volume in which a building may be built as circumscribed by j
setback lines and maximum allowable building heights.
Builth; 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 goon . a service and facility designated to provide acute emergency medical
services for possible life threatening situations. I
Fast Aid: low acuity medical treatment for non -life threatening situations
General Plan: the General Plan of the City of Newport Beach and all elements thereoL
i
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. Existing - the current elevation of ground surface.
In Uses: hospital patient services which require overnight stay.
Landscape ea: the landscape area shall include on-site walks, plazas, water, rooftop
May 2s,1992 4
3-177
•
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.
Otitl►a&W Uses: hospital patient services which do not require overnight stay.
Residential Care: medically -oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site Area for the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2 Net - parcel area after dedications.
Soeaal LandmMd Saw : West Coast Highway is designated as a special landscaped
street, containing special landscape requirements.
Streets reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
may A im 5
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IV. DEVELOPMENT PLAN
rrolect unmar,nsttcs
The upper campus of Hoag Hospital is located on a triangular site of approximately
17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
• north and existing residential developments (the Versailles and Villa Balboa/Seafaire
condominiums) to the west The lower campus is located north of West Coast Highway,
south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Ex}u'bit 1.
From 1990 to 2015, many of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies.
The Development Plan includes a 0.8 acre view park adjacent to the bike trail between
the lower campus and the Villa Balboa/Seafaire Condominiums. This view park
includes a twenty -foot wide linear parr area adjacent to the bike path (approximately
0.5 acres) and a consolidated view park at the westerly edge of the property (approxi-
mately 03 acres). A bike trail connection is also provided between the existing bike
traits at the northern and southern boundaries of the lower campus. Access to the lower
campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital related
uses. Instead, a developable area is identified based on the regulations established for
this Planned Community District Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan.
M.r X isn
3-179
1
•
I.EGBHD
AREA OR DEVELOPMENT
i
a L"
PLANNED COMMUNITY DEVELOPMENT PLAN�
�HOAG MEMORIAL HOSPITAL PRESBYTERIAN
3-180
The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development cep is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profile provided in
• the statistical analysis. For example, if changing hospital needs necessitate the
development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as long as a corresponding adjustment in square
footage and trip generation for another use were to occur.
This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis (Table 1) as long as the development limit (Le, square feet) or
the trip generation limit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded.
Adjustments to the Development Plan may be allowed if the total square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded.
�J
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•
Una" •
D
IMPRIMARY ACCUS ISIGNALIZED
® OECONOARYACCEBB
MI IERVICE ACCEBB
PUBLIC CIRCULATION
ITAFF 1IERVICE CIRCULATION
WOT cow
VEHICULAR ACCESS
�HOAG MEMORIAL !-
3-182
1 pull development of the upper and lower campuses is an ted to own over an approdmate 20 -year period and will Mmly oomr
in throe, seven -pear phases
2 Up to 50% of the ea Wng upper campus may be redeveloped by master plan buildout
3 Based on development allowed under the Oeacral Plan at a Mor awA ratio to gross site area of .65 for the laver campus and 1D
for the upper campus. Building Hulk limit for the laver campus is 0.90 for @H shvctures which iodudes above grade covered patting.
May 26, 1942
10
' 3-183
Table 1
STAUST'ICAL ANALYSIS'
,Square Feet
Lower Campus
Eristing:
Outpatient Services (Hoag Cancer Center)
65,000
Child Care
7,800
Subtotal:
72,800
Phase I.-
:Outpatient
OutpatientServices
115,000
Support Service
55,000
Administrative
30,000
Subtotal:
200,000
Phases Q & III:
Subtotal:
305,089
Total Lower Campos
577,889
Upper Campus
Existing`:
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
Subtotal:
140,000
Phases 1I & iu:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,2383
1 pull development of the upper and lower campuses is an ted to own over an approdmate 20 -year period and will Mmly oomr
in throe, seven -pear phases
2 Up to 50% of the ea Wng upper campus may be redeveloped by master plan buildout
3 Based on development allowed under the Oeacral Plan at a Mor awA ratio to gross site area of .65 for the laver campus and 1D
for the upper campus. Building Hulk limit for the laver campus is 0.90 for @H shvctures which iodudes above grade covered patting.
May 26, 1942
10
' 3-183
•
V. DISTRICT REGULATIONS
the following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital -related uses which fit into the five permitted use
categories are allowed by definition. Prior to the issuance of a building permit, plot
plans, elevations and any other such documents deemed necessary by the Planning,
Building and Public Works Departments shall be submitted for the review and approval
of the Planning, Building, and Public Works Departments.
A. Permitted Uses
1. Lower Campus
a) Hospital facilities, including, but not limited to:
i. Outpatient services:
Antepartum Testing
•
Cancer Center
•
Skilled Nursing
•
Rehabilitation
•
Conditioning
•
Surgery Center
•
Clinical Center
•
Day Hospital
•
Back and Neck Center
•
Biofeedback
•
Breast Imaging Center
•
CT Scan
•
Dialysis
•
EEG/EMG/NICE Laboratory
•
First Aid Center
•
Fertility Services
•
G.I. Laboratory
•
Laboratory
•
Magnetic Resonance Imaging
•
Nuclear Medicine
•
Occupational Therapy
•
Pediatrics
Pharmacy
•
Physical Therapy
•
Pulmonary Services
May x 1992
11
3-184
• Radiation Therapy
• Radiology
• Respiratory Therapy
• Sleep Disorder Center
• Speech Therapy
• Ultrasound
iii. Support Services:
•
ii. Administration:
•
• Auxiliary Office
•
• Business Offices
•
• Information
•
• Registration
•
• Patient Relations
•
• Social Services
iii. Support Services:
•
Employee Child Care
•
Health Education
•
Power/Mechanical/Auxiliary Support and Storage
•
Food Services
•
Cashier
•
Chapel/Chaplaincy Service
•
Conference Center
•
Dietitian
•
Gift Shop
•
Laboratory
•
Medical Library
•
Medical Records
•
Pharmacy
•
.
Engineering/Maintenance
•
Shipping/Receiving
•
Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
•
Substance Abuse
•
Mental Health Services
•
Extended Care
•
Hospice Care
•
Self or Minimal Care
•
Congregate Care
May 26.1992
12
3-185
V. Medical/Support Offices
b) Methane gas flare burner, collection wells and associated system
?&y w 1M
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13
3-186
components.
c)
Accessory uses normally incidental to hospital development.
d)
Temporary structures and uses, including modular buildings.
.
2. Upper Campus
a)
Hospital facilities, including, but not limited to:
i) Inpatient uses:
• Critical Care
• Emergency Care Unit
• Birth Suites
• Cardiology
• Cardiac Care Unit
• Intensive Care Unit
• Mother/Baby Unit
• Surgery/Waiting Rooms
• Radiology
• Laboratory
• Pharmacy
ii) Outpatient services as allowed on the lower campus
•
iii) Administrative uses as allowed on the lower campus
iv) Support services as allowed on the lower campus
v) Residential care as allowed on the lower campus
vi) Heliport (subject to Conditional Use Permit)
b)
Accessory uses normally incidental to hospital development.
c)
Temporary structures and uses, including modular buildings.
?&y w 1M
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3-186
B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maximum Build rma Height
The maximum building height of all buildings shall be in accordance with Exhibit 3
• which established the following height zones-.
1. Upper Campus Tower Zone - maximum building height not to exceed the
existing tower (235 feet above mean sea level).
2. Upper Campus Nfidrise Zone - maximum building height not to exceed
140 feet above mean sea level. j
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
I
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (57.5 feet above
mean sea level).
D. Setbacks
• Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. i
1. Setbacks will he provided along property boundaries adjacent to the Villa
Balboa / Seafaire 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 lime of the existing service
drive.
May 26, 1992
b) Lower campus northern boundary, all of which will have a 20'
minimum building setback.
14
3-187
. .........
M.7lb, I997 UMMANZ-Am
3-188
2. The setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet.
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the tad Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet.
The setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet.
In addition, vertical articulation shall be required for buildings westerly of
the signal far buildings within 150 feet of the West Coast Highway
frontage, as follows:
1st Floor. Up to 18 feet in height no additional articulation is required
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
• 2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 55 feet.
May X 1992
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet.
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width, Additional-
ly, 20% of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
16
3-189
a
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
I There will be no building setbacks along the boundary with CalTraus east
property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property line shalt be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided
along Hospital Road
E. lighting
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to 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, such buildings will have clean rooftops. l4lmor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G. Sign
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H Parlang
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
MAY x 1992
17
3-190
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIII.
. Prior to issuance of a budding permit, the project sponsor shall submit plans to the City
Planning Department which illustrate that all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
1. Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campus service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) during working
hours (Le. 7:00 am. to 8:00 p.m.), signage to restrict use of the road by
Hospital employees, physicians, patients and visitors during non -working
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (Le. scheduled and routine deliveries) on the
weekends.
This restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
issuance of the grading permit. If such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
that requests for specified vendor delivery times is consistent with future
Air Quality Management Pian procedures, the City may require that the
program be implemented as hospital policy. N operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
I The lower campus service road shall include provisions for controlled
access to limit usage to physicians and staff; and service vehicles.
May 16. 1992
18
3-191
L Loadirig Dock
Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the project sponsor shall implement an acoustical and/or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area_
• The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
dock area by that addition.
•
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation imphica-
tions of enclosing the loading dock area. If enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required. Any enclosure required pursuant to this requirement may encroach
into any required setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
May 26,1992 19
3-192
VI. HOAG HOSPITAL SIGN PROGRAM
A. I'ttu= and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital -
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
I. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on -building, may be illuminated or non -illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of notion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional
and safe with regard to appearance, structural integrity and electrical
service.
4. Allstreet signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L
C. Number of Signs Allowed
1. One (1) double-faced primary identification ground -mounted sign or two
single faced gateway entry signs shall be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Total maximum signage area
shall not exceed two hundred (200) square feet and shall not exceed ten
(10) feet in height per sign and street frontage. This sign may occur as a
wall sign, to be located upon a project boundary perimeter wall, subject
May 26, 1971
r.
20
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to the same number and area maximums described above. This sign may
also occur as part of an entry gateway system.
2. Secondary identification signs shall be allowed. This sign type shag not
exceed a maximum height of 48" average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Maximum sign area shall not
exceed thirty-five (35) square feet. Ibis sign may occur as a wall sign to
be located upon a project boundary perimeter wail, subject to the same
number and area maximums described above.
3. Vehicular and pedestrian directional signs shall be allowed This sign type
may occur as a single -f Iced or double-faced sign. This sign type shall
occur with the sign suspended between two upright supports having the
same depth (thickness) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation. The elevation facing west (Villa Balboa
property line) may not be illuminated
5. On the lower campus, one (1) building -mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa/Seafairc property. Such signs will be no higher than the roof
line of the building upon which they are mounted
May 26, 1992
21
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VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking
may be on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review
and approval of the city Traffic Engineer and the Public Works Depart-
ment.
I Parking lot lighting shall be developed in accordance with City standards
and shall be designed in a manner which minimi7rs impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential arca. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met The lighting
plan shall be subject to review and approval of the City Planning
Department
B. Requirements for Offstreet Parkins
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement
•
M" 2s.. M 22
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' Parking requirements are based on a study performed by DKS Associates in May,
1987.
Parking requirement is based on current Hoag Hospital parking demand_
•
May 26, 1992 23
Adft.
3-196
Table 2
Use CatrgQly
PARKING REQUIREMENTS
Outpatient Services
Parking Rmirements
ZO spaces/1,000 square feet'
Support
1.0 spaces/1,000 square feet'
Administrative
• Residential Care
4.0 spaces/1,000 square feet'
1.0 spaces/1,000 square feet'
Medical Offices
4.0 spaces/1,000 square feet'
Inpatient
1.75 spaces/1,000 square feet"
' Parking requirements are based on a study performed by DKS Associates in May,
1987.
Parking requirement is based on current Hoag Hospital parking demand_
•
May 26, 1992 23
Adft.
3-196
VIIL HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
L
Detailed landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect, shall be reviewed by the
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a building permit
•
and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may include a concept for the roofs and the parking
structures. 'Nees shall not be used, but a planter box or trellis system
shall be designed to provide visual relief of parking structures. All
landscaping shall conform to the building height limits established in this
text.
2.
Parking lot trees shall be no less than fifteen (15) gallon size.
3.
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4.
Every effort should be made to avoid using plants with invasive and
shallow root systems.
S.
Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided.
6.
Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7.
Heavy emphasis shall be placed on the use of drought -resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
B. Maintenance
1.
All planting areas are to be kept free of weeds and debris.
2.
Lawn and ground covers are to be kept trimmed and/or mowed regularly.
Way 26, 1992 24
3-197
3. All plantings are to be kept in a healthy and growing condition. Ferdliza-
tion, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
5. Stakes, guys and ties on trees should be checked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
stems.
6. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. Spc&W L.uped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A 15' building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed m the
setback area. Parking areas shall be screened from view of West Coast Highway with
landscaped berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and
shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped
in a similar manner. Tree size to be no less than twenty-four (24) inch box.
D. Wig Balboa Landscaue Zone
The area between the Villa Balboa/Hoag property line and the loading dock service
• access road shall be landscaped except for any driveway, walkway, or other hardseape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area. Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berthing and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
WAy 26, 1M 25
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u
E
A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments. Rooftop landscaping shall
conform to height restrictions.
May 26.1992
26
3-199
DL SITE PLAN REVIEW.
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 artictilation requirements as set forth in Section VMZ to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital.
B.
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.D2.
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. 'Ilse plot plan shall show the
location of entrances and exits, and the direction of traffic flow into and
out of off-street parking and loading areas, the location of each parking
space and loading space, and areas for turning and maneuvering vehicles.
The plot plan shall indicate how utility and drainage are to be provided.
May 26, 1992
27
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•
u
2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
S. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear
upon completion.
6. Any other plans, diagrams, drawings or additional information necessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
E. F=
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. &ndards
In addition to the general purposes set forth in sub -section B, in order to carry out the
purposes of this chapter as established by said section, the site plan review procedures
established by this Section shall be applied according to and in compliance with the
following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood
and surrounding sites and shall not be detrimental to the orderly and
harmonious development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality
of the project as viewed from surrounding roadways and properties, with
special consideration given to the mass and bulk of buildings and the
streetscape on West Coast Highway;
Mf y 26, rM
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4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearing - Reouired Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
• prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing.
R. 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 Co *loon shall be subject to review by
the City Council either by appeal, or upon its own motion, or upon the request of the
Commission. The action of the Commission on any Site Plan Review shall be final and
effective twenty-one (21) days following the Commission action thereon unless, within
the twenty-one (21) day appeal period an appeal in writing has been filed by the
applicant, or any other person, the Commission has requested a review of its decision,
or unless the City Council, not more than twenty-one (21) days after the Commission
action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm,
reverse or modify the decision. Such action by the City Council shall be final.
May 26, tan 29
3-202
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. Actin tM the City Council
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the Commission. The decision of the City
Councid is final.
K. Pacairation and Revocation of Site Plan R
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
budding 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
0 revocation after giving written notice to the permittee at least ten days
prior to the hearing, and shall submit its recommendations to the City
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
F\-.\Plaming\PcnDn'1nOAG-
MV 26 IM
30
3-203
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• CHM WHERE APPLICABLE
1. The Devebpnterrt AW"ment remains Wndhg and aRseft;
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& 7ha Oweloprott AWwwrA ltt has bum artrendsd In the tkm
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This EdoAPel Certilloole may be robed upon by eny blo tateree or mortpegea
hoereet In the property whtoh is subject of the Developrrrerrt Awwoment.
CITY OF NEWPORT BEACH
BY:
NAME
77TL.E:
Emil=
E MIBIT o
ww
3-205
EXHIBIT B
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
DATED JUNE 17, 2008
ME
3-206
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
j"ARNMEN �ODEU 27333
This Document was electronically recorded by
ER Cert Mail D
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
111'1®®®11"Ir1 NO FEE
2008000289321 12:35pm 06/17/08
120 33 A17 66
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
EXEMPT FROM FILING FEES CAL. GOVT CODE --4 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
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5/16/08 10001.34
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r
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
EXEMPT FROM FILING FEES CAL. GOVT CODE ✓Z 6103
(Space above this line for Recorder's use)
EXEM RECORDING REQUEST PER
GCWRNMENi CGDE 21303
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
FINAL
511"8 10001.34
H&O: 1158720 A
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 May 13, 2008
Ordinance No. 2008-10
3-208
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(f) to read as follows:
1.9 HoagProper. 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 "Pro1eron•
1.10 Hoag Healthcare Services. Hoag is a modern, state-of-
the-art acute care, not-for-profit hospital providing a comprehensive
} mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag. Community Benefit Programs. In addition to
providing state-of-the-art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
burnoff to mitigate methane gas filmes 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.
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1. 12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ("City Council") certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ("Hoag Master Plan") and the
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 litnits and
permitted land uses.
1.13 Sguare Footage ofBuildableArea. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1.14 DeveloWent Agreement No. 5. On May 26, 1992, the
City Council adopted Ordinance No. 924 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63-0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94-8 approving
an Amendment and Restatement of Development Agreement No. 5
("Restated Development Agreement") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Oficial
Records of Orange County, California on March 23, 1994 as
Instrument No. 94-0207276-
1. 16
4-0207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C. Text to provide that certain non -occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
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Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Rest ted Development Ag element Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned CommunityText ("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 areduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
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(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 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,
he0a public hearing to consider this Amendment, the Supplemental
BIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16,2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
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this Amendment and ..authorizing the City to enter into this
Amendment: The adopting ordinance will become effective on dime
12, 2008." ..
3. Section 2.1 ofthe Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94-8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adgptirig Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "A_�reement" refers to the "Restated Development
Agreement Between the CityofNewport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Resisted Development Agreement entitled The EJR is amended to
read as follows:
"2.13 The "Eff' refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit "C'), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
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8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Progam EIR_ Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 Riszht to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
` the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
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11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the EIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things,. the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that maybe
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars (1~200,000.00)."
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13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one-half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one-half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance ofthe first btulding 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 -tum 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 hnprovements").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
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offset costs associated with other City and community projects or
services -that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales/Use Tax Origin, to read as follows:
"8.3 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales/use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for f lingthe tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
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Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of $100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
tax to the City. Upon request of the City, Hoag will
provide City on a semi-annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six-month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation ofthe local share ofsales/use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset View Park Improvements, to read as follows:
"8.4 Hoag shall reimburse the City up to $ I50,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
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16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shining, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
l daily between November 1� and April 300, between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613"
and to add:
`with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
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with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 926147321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
"1 L 17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall'indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but notbe limited to,
damages awarded against the City, if any, costs of suit, attomeys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
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19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Comrnission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008-10
May 13,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have fall
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
21. In the event there is any conflict between anyprovision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page folloxs]
FINAL
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
ATTE T:
LaVolme Harkless, City Clerk
APPROVED AS TO FO
�4
_ �-- --
Fr r Robin Clauson, City Attorney
CITY:
THE CTTY OF NE RT 8 ASH, a municipal
corporation oft tate o ali ria
By:
Edw a ch, r
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a Califomia onprofit public
benefit co ti
By:
Richard F. Afab , M -D.
President and CE
(A11 Signatures to be Notarized)
FINAL
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State of California Q
County of
On � 1� I'g before me, LeLM; 'fir" ul�f�7 PUP
Dale Here Insertema an dle at the 0WWr
personally appeared EDWA& R
tEttW L BROWN
COnmisslan+81631x77
who proved to me on the basis of satisfactory evidence to
be the person(* whose name(e) ls4am subscribed to the
Notary Puhldc ' Cowomia
within instrument and acknowledged to me that
C l
he/shefiey executed the same in hisilu*4heir authorized
WComrn. X201
capacity(ies), and that by hislherJtkwic signature(s) on the
instrument the person* or the entity upon behalf of
which the person(a) acted, executed the instrument.
tEMWI L BROWN
rk4o, ConvrMfflon # 1613x77
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
�Q* C�
j'@'MvConmFM
true and correct_
rJon=201
WETNESS my hand and offici I seal.
Signature l,t
Platy Notary Seal Above
9l8nal ofw6fary Put'iIc
OPTIONAL
Though the information below Is not required by few, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this lomr to another document.
Description of Attached Document
Titre or Type of Document:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
C Individual
G Corporate Officer — Title(s):
❑ Partner — ❑ Limited G General _
❑ Attorney in Fact
Tvp of thumb here
❑ Trustee
El Guardian or Conservator
D Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
• Individual
❑ Corporate Officer — Title (s):
C Partner — ❑ Limited 0 General
Attorney in Pact
O Trustee
Guardian or Conservator
i Other:
Signer Is Representing:
RIl i�TFTS1GHUr:91iNEaIN?.
OPA
02007 Nedonal Notary Assosfaft- 8350 De Soto Ave., P.a E1=2402 • Chatsvorth, CA 913132402• www.NaWaffW2rgorg Item 95807 Reartlor: C.3 fTol-Free 1.800.8764827
3-223
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of C)Aprm a e
On M&�- 19,
s Zoo before me, QeL62a, OAAleS 4 find); C ,
(Here insert mune an�f�d Ode of the officer)
personally appeared 121&40-d 40-d ffPA W1 -
who proved to me on the basis of satisfactory evidence to be the person(a) whose namam subscribed to
the within instrument and acknowledged to me thatSaiwIltay executed the same m /choir authorized
capacity(AW, and that by /d*k signature$0 on the instrument the person(i* or the entity upon behalf of
which the person(&� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official sea]. tarr�ue N
9V
CM
cam.
SigoatutnofNomry Public (No )
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached docuro t)
�a,2ecaard�ii- fan• s
� (Titleor description ofattached document continued)
Number of Pages 33_ Document Dtue ,,5^) q—c: 6
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
0 Individual (s)
19 Corporate Officer
P85;de4 ANd cco
(Title)
❑ partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2008 Version CAPA vll.10.07 800.873-9865 www.NotaryClasses,con
INSTRUCTIONS FOR COMPLETING THIS FORM
Any ae/mowk4ment complexed in CaGfamla mum contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and auached to that document The only acception it if a
documeat it to be recorded aawde ofCallornia. In such insmm=, any alternative
acknowledgment verbiage as may be prrmrd on such a atocuarem so Ing as rhe
verbiage does nor regaire the notary in do sometbbgg chat a illegal for a notary in
California (i. e. cerajyuW the authorimd cgvdty of the signer), Please check the
decmeemtt mreftdly far proper noarrlal wording and attach thirfm,n ifngvired
• State and County information most be the State and County where the doc•mmmtt
sigmer(s) personally appeared before the nosy public for acknowledgment
• Date of notarization must be the date that the signals) personally alb which
must also be the same date the acknowledgment is completer)
• The notary public must print his or he name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Not the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (Le.
hdshe/fkey is here) or circling the conva roma. Failure w correctly indicate this
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Impression nmol not cover text or fines. If seal impression smudges, re -seal if a
suf d nt arca permits, otherwise Complete a differ at admowledgmoht foam
• Signature of the notary public must snatch the signature on file with the office of
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rr Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a dif%rent documt.
4 ladicate title or type of attached dDeurnent, number of pages and data
• Indicate the capacity claimed by the signer_ If the claimed capacity is a
corporate officer, indicate rho title (i.e. CEO, CFO, Secretary).
• Secuefy attach this document to the signed document
3-224
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 174 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.
FINAL
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3-226
EXHIBIT C
i
HOAG MEMORIAL HOSPITAL PRESBYTERIAN !
i
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted May 13, 2008
Ordinance No. 2008-9
Effective Jane 12, 2008
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HOAG.M MORUL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
.recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
L F[NAL Hoag_PC: 041808aD0C
Haag Menmrial Hospital Presbyterian Planned Commvinity Develapnreat Criteria and District
Regalations
TABLE OF CONTENTS
Page
Number
I.
INTRODUCTION
1
11.
GENERAL NOTES
2
III.
DEFINITIONS
3
IV.
DEVELOPMENT PLAN
5
V.
DISTRICT REGULATIONS
10
VI.
HOAG HOSPITAL SIGN PROGRAM
21
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
`L
FINAL_Hoag_PC 041808a.DQC
3-229
{
............ ... ...
Hoag Memorial Hospital Presbyterian Planned Conmamly Denetopment Criteria and District Regalatiom
LIST OF EXHIBITS
Page
Number
1.
PLANNED COMMUNITY SITE AND BOUNDARY MAP
7
2.
VEHICULAR ACCESS
8 I'
3.
DEVELOPMENT CRITERIA
i
14
4.
PROPOSED SOUND WALL LOCATION PLAN
19
5.
LOADING DOCK AREA LOCATION
20
6.
LANDSCAPE MATRIX
32
7.
LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN
33 I
i
8.
COAST HIGHWAY LANDSCAPE SCREEN
34
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL_Hoa&_PCj4I808a00C
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Hoag Memorial Hospital Presbyterian Planned Community Developnreat Criteria and District Regulations
I. INTRODUCTION
Backgrround
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital -related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
FINAL _Hoag_PC_04 f 80U DOC
3-231
Hoag Memrorlal Hospital Presbyterlan Planned CommanityDevelopment Criteria and Disinct ftulddons
11. GENERAL NOTES
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 acce?s shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty {30} days of the completion of
grading.
FINAL Hoag__PC_041 808a.DOC
Hoag !Memorial Hospital Presbyterian Planned Con mundy Development Criteria and District Regulations
III. DEFiMTIONS
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.
i
Building Envelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
BuildingH_ eight: The vertical distance measured from the finished grade to the highest point of the I
structure. At all points, the height measurement shall run with the slope of the land. r
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a i
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 al l elements thereof.
Grade: ,For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
�-
FINAL Hoag PC_041868aDOC
3
3-233
Hoag Meneorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically -oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Deference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
` FINAL Hoag PC_041ROUDOC 4
3-234
Hoag Menwrial Hospital Presbyterian Planned Commndy Development Criteria and District Regulations
IV. DEVELOPMENT PLAN
Proiect Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital -related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Pian.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
!-coag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental ECR for the Master Plan Update (SCR41991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
r�
F INAL_Hoag_PC_041808a. DOC
3-235
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
FINAL Hoag_PC_041808aDOC
3-236
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PLANNED COMMUNITY SITE AND BOUNDARY MAP WWII 1
HOAG MEMORIAL HUSPITAL PRESBYTERIAN
REVISED 01.22.08
7
3-237
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VEHICULAR ACCESS QWMM2
HOA9 MEMORIAL HOSPITAL PRESBYTERIAN 05.7"T
REVISED 01.22-08
M.
IEGEND
116:1
PRIMARY ACCESS (.SaNAUZED)
SEOMARY ACCESS
PRIMARYRQAUWAYS
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VEHICULAR ACCESS QWMM2
HOA9 MEMORIAL HOSPITAL PRESBYTERIAN 05.7"T
REVISED 01.22-08
M.
Hoag Memorial Hospital Presbyterian Planned CommunUy Depelopment Criteria and District Fegulatinns
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL of LowER CAMPUS & UPPER CAMPUS BMDING AREAS -
MAmmum ALLOWABLE: 1,343,238 SQUARE -FEET
' As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
a Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
r")
FiNAL_Hoag__PC 041808a.DOC 9
3-239
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existing'
Remaining
to
U
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. ft.
67,228 sq. ft.
99,349 sq. ft. s
a
w
a
862,815 sq. ft.
577,889 sq. ft.
188,149 sq. ft.
389,740 sq. fL
577,889 sq. ft.
O
rn
0
1,618,164 sq. ft.
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.1
O
F-
' As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
a Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
r")
FiNAL_Hoag__PC 041808a.DOC 9
3-239
I `
i
i Hoag Vemonal Hospital Presbyterian Planned Community Development Criteria and District Regulations
I
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list Other
hospital -related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
1. Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
1 (g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(1)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
5�
F I N A L_ Ho ng_ P C_041908 a D O C
10
3-240
i
Hoag Memorial hospital Presbyterian Planned Community Development Criteria and District Regrdations
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(i)
Patient Relations
(g)
Social Services
(3) Support Services:
(a)
Employee Child Care
(b)
Health Education
(c)
Power/MechanicaVAuxiliary Support and Storage
(d)
Food Services
(e)
Cashier
(f)
Chapel/Chaplaincy Service
(g)
Conference Center
(h)
Dietitian
(i)
Gift Shop
0)
Laboratory
1
(k)
Medical Library
(1)
Medical Records
(m)
Pharmacy
(n)
Parking Facilities4
(o)
Engineering/Maintenance
(p)
Shipping/Receiving
(q)
Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(S) Medical/Support Offices
a Parking structures or decks do not count toward square -footage
4:
FINAL Hoag_PC_041808a.DOC l l
3-241
f
I
11009 Memorial Hospital Presbytedw Planned Commumty Development Criteria and District Rer datdons
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses nonnally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) inpatient uses including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(0 Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
0) pha:,.�acy
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use PermiW
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
- uoes not. counr mwara square-toxage
FINAL_Hong_PC 04I8D8a.DOC 12
3-242
i
i
I
I
I
Hoag Menwhal Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (144) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
FINAL Haag_PC_04I906a.DOC 13
3-243
HEM:NimNES' , PPER CAMPUS ZONES
TOViER ZONE- MAXIMUM BUILDI
All
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Note: Buildings labeled for Identification purposes only
DEVELOPMENT CRITERIA PLAN
NG HEIGHT
338 ABOVE MEAN SEA LEVEL
MIDRiSE ZONE- MAXIMUM BUILDING HEIGHT
140' ADM MEAN SEA LEVEL
PARKING ZONE- Af MMUM BIULDING HEIGHT 80' ABOVE MEAN SEA
LLL�i n
LEVEL-, E)MAISPIE OF ELEVATOR TOWER
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L41NE#t CAMPUS Z014ES
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LOWER CAMPUS ZONE- SUB - AREM A, B, C, F, AND G- NO BUILDING SHALL
L_J
EXCEED THE HEIGHT OF THE 03STM SLOPE OR 1HE
Q
RANGE OF MAX MUM BUiLOM HEXWfS WftTED
B ulw H"W SUB ME" SUB - ARE" D AND E- MAMMUM BIULOING HEIGHT
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DEVELOPMENT CRITERIA PLAN
MAIN
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SCALE: P-2001
WA
REVISED 01.22.08
14
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SCALE: P-2001
WA
REVISED 01.22.08
14
Hoag Memorial Hospital Presbyterian Planned Commanfty Development Criteria and Disirird Regulations
i
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
i
I. Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus westem boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratoty building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the Ist 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 shalt be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one -hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the Ist floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
FTNA L_Hoag_PC_Q418O8aDOC 15
r
i
4
I
3-245
Hoag Memorwl Hospital Presbylenan Planned Community Devdopm m Criteria and District Regulations
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two -hundred fifty (250) linear feet in width. Additionally, 201/0 of
the linear frontage within one -hundred fifty (150) feet of West Coast .Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six -hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The fighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The pians shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
FtNAI_Haag PC 04I808a.DOC 16
M•
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dutrirt Regulations
G. Signs
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parking
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
J. Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times, Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wail along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
FWAL_Hoag_PC_041808a.ROC 17
3-247
Hoag Afenwnal Eospffal Presbyterian Planned Community Developnwnt Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, .Loading
DockArea Location, for the location.
I. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM-10 PM IOPM-7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on P Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL -Hoag -PC -04 1808a.DOC
18
3-248
LEGEND
Edsting Fence
Property IJ�
Easement Line -
- — — — — — — 18.51 High WalL
23' High Wall
tt \" . y', .� ir High wall
`P
................ 14' High Wall
NOTE: sowd Wall is appmxfmately 470 LIRW Feet
Ap
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C2 adjame ra= measured fromurface.
A's
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SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN Aprfl3,2008
I 1 1
040 so
EXHIBIT
3-249
LEGEND
PROPEW LATE AS lDMFIFDIHSECTION M.I., DIISTItICTREGULATIONS
UPPER CAMPUS
TLWWINQ DOCKAREAAS IDB"FIED IN SECTION M2,01MICT REGULATIONS
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LOADING DOCK AREA
HOAG ME4NORIAI HOSPrFAL PR MAN
20
Hoag Memorial Hospital Presbyterian Plaaned Community Development Criteria and District Regulations
VI. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
I. 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
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 constricted or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 1 10-L.
5. For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double-faced primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
°— FINAI_Hoag_ 041808a.D0C 21
3-251
Hoag Memorial. Hospital Presbyterian Planned Cominumly Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (t 1) feet average height above finished grade.
1 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.
5. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
FINAL_Hoag_PC_04I808a.00C 22
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Ioag Memorial Hospital Presbyterian.Planned Community Development Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
TABLE 2
PARKING REQUIREMENTS
Use Category
Parking Reg_uirements
Outpatient Services 2.31 spaces/1,000 square feet (1)
Support 0.0 spaces/ 1,000 square feet (1)(2)
Administrative 5.3 spaces/1,000 square feet (1)
Residential Care 1.0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 2.35 spaces/1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October B, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
1
P1NAL_l1oag PC_04160b.DOC 23
3-253
Hoag Memorial ftospdal Presbyterian Planned Community Development Criteria and District Regalations
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size_
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
Emphasis shall be placed on the use of native, drought -tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be.
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over -watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit 46.
F1NAL Hoag PC_04ISOMDOC
24
3-254
ffoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
- plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway_ Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Haag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
C)
_.; FtNAL_1Joag_Pc_041908u.nOC 25
3-255
Koag Memorial MgpU Presbyterian Planned Commumly Development Criteria and Aistriet Regaladons
shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shal I be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department_
FINAL_Hoag PC_041808aDOC 26
3-256
Hoag Memories! Hospital P—hyted- .Planned Community Development Criteria and Distriet Regulations
IX. SITE PLAN REVIEW
A. Purpose
Tu, Council finds that developl;w,it on the Lower Campus of Hoag Hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub -section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
I . Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
I . Any project that could have the potential to generate emissions that could have an
i
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
3. Replacement of existing cooling towers, except fer easuak5- f
B. Finding
s
The City funds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section IX.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. PIans and Diaarams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
FINAL Hoag_PC 04184Be.DOC 27
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Hoag Memorial Hospital Presbyterian Planned Community Dever t Criteria and District Regulations
A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section A, in order to cavy 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:
The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
FINAL_ Hoag_FC_041808a.DOC: 28
3-258
Hoag Memorial Hospital Presbyterian Planned Communhy Development Criteria and District Regulatdom
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, Iandscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - 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, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the e)derior
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 requited by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve
the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (2 1) days after the Director's action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission shall
approve the development. Conditions may be applied when the proposed development does not
comply with applicable standards and shall be such as to bring said development into conformity.
FINAL-Hoagg I1C_041808a.DOC 29
3-259
Haag Memorial llosplaa/ Presbyterian Planned Community Development Crileria and DWrlcl Reguladans
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final_
J. Anneal to the Citv 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 leiter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council,
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
L. Expiration and Revocation of Site Plan Review Approvals
Expiration. Any Site Plan Review granted in accordance with the terns of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may he revoked if any of the conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
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.
C) FINAL Hoag_P( _041808a.DQC 30
3-260
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Rabb rb'"' Carr Hoag Memorial HcMp al Presbyterian 041141Me
...r..,... ,v...... .v,.. NerpartBae�,ck ErhltNt A8 73
!0
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City CIerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008-10 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
i
Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich
Noes: None ,
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 1411, day of May 2008.
(Seal)
r
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ► ss.
CITY OF NEWPORT BEACH }
i
I, LAVONNE M. HARKUSS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008-10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2008.
In witness whereof, I have hereunto subscribed my name this day of
2008. E
City Clerk
City of Newport Beach, California
3-264
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88
of Miscellaneous Maps, Records of Orange County, California.
-C1-
3-265
EXHIBIT D
LEGAL DEPICTION OF PROPERTY
-D1-
3-266
I
p—I
PARCEL 2
n _av
am 04
I i / \ Now 6ayrtr OF °''
OAMOCS I" COW
s� Atli i.Nt o mra
saw no es
3-267
EXHIBIT F
MELINDA HOAG SMITH CENTER FOR HEALTHY LIVING AGENCY PARTNERS
F1
3-268
Melinda Hoag Smith
Center for Healthy UNAng
3-269
The Melinda Hoag Smith Center for Healthy Living (MHSCHL) is a robust one -stop -shop of interconnected and supportive
services that promote health and well-being. The Center houses a wide variety of non-profit partner agencies and the
programs that address key issues affecting the health of our community. The Center provides culturally sensitive services
and resources that enable prevention, address the root causes of disease and improve health outcomes. Services are
offered in English and/or Spanish depending on the program.
There is no fee to become a member of the Center. The membership provides access to a majority of agencies
and services, at no cost, however there may be health insurance prerequisites.
For more information or to set an appointment, please call us at 949-764-6551 or stop by for an in person visit.
Hours of Operation:
Monday -Friday 8 a.m. — 7 p.m. I Saturday 8 a.m. — 4 p.m.
Vision
Inspire and empower our community to take
control of their own health and wellbeing.
Provide culturally sensitive services and
resources that enable prevention, address the
root causes of disease and improve health
outcomes. Offer services that meet the needs
of the whole person: mind, body and spirit.
Mission
To work synergistically in a shared location
with our partner agencies and community
residents to bridge the gaps in services, build
capacity and maximize impact in our under -
resourced communities.
3-270
Partner agencies and programs offered inelL Ide:
+ d
Academy of International Dance Ballet and hip-hop classes
Art and Creativity 4 Healing Art workshops designed to aid with stress reduction and to increase coping skills
Be the Change Yoga Yoga classes for all levels
Big Brothers Big Sisters of OC Youth mentoring for those 6 -16 years of age
Cancer Kinship I Mentorship, education and support programming for cancer patients in any stage of diagnosis,
treatment or remission
Children's Bureau General needs assessment, case management and linkage to resources
- - -- - Healthy Habits educational series
_ .... - ... _. - . -- ..... __.._..... - _ . _._ ..... ._.._._
Children's Health Connection i Provides connections to health services, health screenings and health education along
with safety equipment
CHOC PODER (Prevention of
Obesity and Diabetes through Health and wellness education including nutrition and physical fitness
Education and Resources)
- (Community for
Innovation,
Support and educational workshops related to business and entrepreneurial skills, resume
Innovation, Entrepreneurship, writing, financial and computer literacy
Leadership & Opportunities)
Community Action Partnership Healthy Couples/Families workshops which focus on enhancing interpersonal skills
and problem solving skills
Social, educational and support services for children and families. Services offered in
Costa Mesa Family Resource Center English/Spanish. Collaborative partners: Human Options, Children's Bureau, Girls Inc.,
Raise Foundation, Help Me Grow, and Strong Families Strong Children.
Council on Aging English as a Second Language (ESL) classes for adults; Balance and Mobility classes;
computer skills classes; HICAP - support & education regarding MediCare benefits
CPR, First Aid Certification CPR and First Aid Certification for adults
Crime Survivors
Support groups, self-defense classes and resources for victims of crimes
Drumming Circles
i Stress reduction drumming circles for adults
Girls Inc.
Afterschool programming for boys & girls: homework support; spring and summer camps;
Hoag - Mental Health Center
dance classes; Science Technology, Engineering, Arts and Math (STEAM) classes
Help Me Grow OC
Developmental screenings for young children; resources for enhancing child development
Hoag - ASPIRE (After School
i Intensive Outpatient Program (IOP) for 13-17 year olds experienc ng mental health
Program: Intervention and
difficulties; program guides teens and their families through skills -based training.
Resiliency Education)
(Need private health insurance)
Hoag - Case Management
Case management and linkage to resources
Hoag - Health Coaching
Health and wellness coaching
Hoag - Health Ministries
! Faith community nursing outreach, seasonal flu clinic and blood pressure clinics
Short term outpatient counseling services for individuals, couples and/or families
Hoag - Mental Health Center
Support groups and educational classes
English, Spanish and Farsi speaking therapist (Sliding -scale fee)
Hoag - OC Vital Brain
Aging Program
Complimentary memory screening for adults over age 45
Hoag - Promotora/Community
i Support and resources for adults experiencing stress and mental health challenges
Health Worker
Human Options
Domestic violence prevention and intervention services, counseling, parenting classes,
PEP (Personal Empowerment Program), support groups
MOMS OC
Preparation for childbirth classes, Mommy & Me classes
NAMI - National Alliance for the
Support groups and educational classes for family members and caregivers who have a loved
Mentally III
__.—..._ _.... _... _.
one (child or adult) living with mental illness
__.._.......... _....-- -------- .--_..__..... _.-
Olive Crest
Parenting classes
Orange County Department of Child
Assistance for parents with obtaining, modifying and collecting child support
Support Services
Orange County Public
i Nursing case management, nursing assessment, health educatio-i
Health Nursing
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Partner agencies and programs offered inClUde:
Pilates
Pilates classes for adults
Project Youth, OC Bar Foundation
--------- -- -- -
Youth diversion programs - "SHORTSTOP" and "Stop Short of Addiction";
Health and wellness programing for women - "Madres Unidas"
Project Self Sufficiency
Support, mentoring and linkage to resources for single parents enrolled in college
Public Law Center
Civil legal services and individual counseling focusing on family law related matters for low
income adults and families
Linkage to resources, assistance with applications for government programs:
Raise Foundation
MediCal, CalFresh (food stamps); CalWorks (Cash aid); Volunteer opportunities through:
Youth Advisory Council (YAC); Community Engagement Advisory Committee (CEAC)
Second Harvest
Food distribution for families in need (must be an adult to participate)
Full scope primary care including preventive health care, urgent medical care and chronic
SOS Children & Family Health Center
disease management (health insurance requirements and/or sliding scale available)
SOS Dr. Robert & Dorothy
Beauchamp Child and Family
General and specialty dental services for infants to adults
Dental Center
SPIN - Serving People in Need
Housing assistance for families in need, GAPP -guided assistance to permanent placement
Strong Families Strong Children
Team of peer navigators and clinical case managers help provide support, resources, and
counseling for active duty or veteran family members
Susan G. Komen OC
Breast health and cancer prevention education, mammogram screenings, survivor
support groups
United Way
Tax preparation assistance for low income families
Youth Employment Services
Securing and maintaining employment assistance for 16-24 year olds
Zumba
Zumba classes for adults and Zumbini classes for adult caregivers and young children
Melinda Hoag Smith Center
for Healthy Living
307 '01acentia Avenue
Newport Beach, CA. 92663
On the corner of Placentia and Hospital Road
(across the street from Hoag Hospital).
Entrance to parking lot is off Placentia.
meljncja Hoag Srnitj-r
ren-:er `oi- HealthY Living
307 Placentia Avenue
Newport Beach, CA 92663
949-764-6551
hoag.org/MHSCHL
151h st
,:1q �i�al itl_ it l�
Hospital RUHOAG
a,
HOSPITAL
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� W4 10410119
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
F1
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Newport Beach and is exempt
from the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO.5
BETWEEN
THE CITY OF NEWPORT BEACH
F.IWI
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved July _, 2019
Ordinance No. 2019-12
3-274
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-65869.5)
This THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
("Third Amendment") is entered into and effective on the date it is recorded with the Orange
County Recorder ("Effective Date") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation ("City"), on the one hand, and HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public benefit corporation ("Hoag"), on the other. City
and Hoag are sometimes collectively referred to in this Third Amendment as the "Parties" and
individually as a "Party."
RECITALS
A. Hoag is the fee owner of approximately thirty eight (38) acres of real property
located in the City of Newport Beach, County of Orange, State of California, located at 1 Hoag
Drive (Assessor Parcel Nos. 423-011-30, 423-011-28), ("Property"). The Property is more
particularly described in the legal description attached hereto and as Exhibit A and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit B and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement Between the City
of Newport Beach and Hoag Memorial Hospital Presbyterian dated February 14, 1994, for
reference purposes and recorded in the Official Records of Orange County on March 23, 1994, as
document number 94-0207276 ("Agreement") attached hereto as Exhibit C with a twenty five
(25) year Term of the Agreement.
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 ("Amendment") attached hereto as Exhibit
D which incorporated references to a Supplemental EIR and amendment to the General Plan, an
increase in public benefits, designation of the City as the point of sale to the extent allowed under
applicable law, and amendments to the Hoag Hospital Planned Community Text.
D. City and Hoag entered into that Second Amendment to Restated Development
Agreement No. 5 and recorded in the Official Records of Orange County on June 3, 2019, as
document number 2019000188999 ("Second Amendment") attached hereto as Exhibit E which
extended the Term of the Agreement for an additional six (6) months. The Agreement,
Amendment, and Second Amendment may collectively be referred to herein as "Amended
Agreement."
E. City and Hoag now wish to enter into that Third Amendment to Restated
Development Agreement No. 5 ("Third Amendment') extending the term and providing
additional public benefits.
F. On June 20, 2019, the Planning Commission held a noticed public hearing on this
Third Amendment and considered the testimony and information submitted by City staff, Hoag,
and members of the public. Consistent with applicable provisions of the Development Agreement
3-275
Statute and Ordinance, the Planning Commission adopted Resolution No. PC2019-019,
recommending the City Council approve this Third Amendment.
G. On July 9, 2019, the City Council held a noticed public hearing on this Third
Amendment and considered the testimony and information submitted by City staff, Hoag, and
members of the public. On July 23, 2019, consistent with applicable provisions of the
Development Agreement Statute and Ordinance, the City Council held second reading and adopted
Ordinance No. 2019-12approving this Third Amendment.
H. This Third Amendment is consistent with the City of Newport Beach General Plan,
including without limitation the General Plan's designation of the Property as "Private Institutions
- PI," Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of Newport
Beach Municipal Code ("NBMC") Regarding Development Agreements" that amended the terms
of NBMC Section 15.45 (the "Development Agreement Statute and Ordinance"), the
Agreement, Amendment and Second Amendment.
1. In recognition of the significant public benefits provided, the City Council has
found that this Third Amendment: (i) is consistent with the City of Newport Beach General Plan
as of the date of the Agreement, the Second Amendment, and this Third Amendment; (ii) is in the
best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is
entered into pursuant to, and constitutes a present exercise of, City's police power; (iv) is consistent
and has been approved consistent with the final Environmental Impact Report (FEIR No. 142)
("FEIR") and the supplemental Environmental Impact Report (EIR No. ER2007-003)
(SCH41991071003) ("EIR") that have been certified by the City Council on or before the date of
approval, which analyzed the environmental effects of the proposed development of the project on
the Property, and all of the findings, conditions of approval and mitigation measures related
thereto; and (v) is consistent and has been approved consistent with provisions of California
Government Code section 65867 et. seq. and Chapter 15.45 of the NBMC.
AGREEMENT
NOW, THEREFORE, City and Hoag agree as follows:
1. Term of Agreement. Section 6.3 of the Amended Agreement is hereby amended
in its entirety to read as follows:
"Term of Agreement. The term of this agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2029, unless otherwise terminated
or modified pursuant to its terms."
2. Public Benefits Pursuant to Third Amendment. Section 8.6. entitled "Public
Benefits Pursuant to Third Amendment" is hereby added to the Amended Agreement to read as
follows:
"Public Benefit Pursuant to Third Amendment. City and Hoag acknowledge and
agree that this Third Amendment and Amended Agreement confer private benefits
on Hoag that should be balanced by commensurate public benefits to the
community of Newport Beach. Based thereon, Hoag agrees as follows:
2
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a. Hoag agrees to pay a total of Three Million Dollars ($3,000,000.00) in ten
(10) equal annual installments of Three Hundred Thousand Dollars
($300,000.00) to one or more non-profit community partner(s) to operate a
homeless shelter, as recommended by the Newport Beach Homeless Task
Force and approved by the City Council. The initial Three Hundred
Thousand Dollar ($300,000.00) installment is due and payable by Hoag to
the community partner(s) determined by the City Council within thirty (30)
calendar days of Hoag receiving written notice from the City. Thereafter,
prior to the anniversary of the Effective Date of this Third Amendment, the
City shall provide Hoag with thirty (30) calendar days' notice in the event
of a change to the designated community partner(s). Subsequent
installments of Three Hundred Thousand Dollars ($300,000.00) shall be
paid by Hoag to the community partner(s), designated by the City Council,
on the anniversary of the Effective Date of this Third Amendment. If the
City Council does not identify any community partner(s) in accordance with
the foregoing, Hoag will deposit the funds in a trust account until a
community partner(s) is/are identified. Upon written notice by the City to
Hoag that a community partner(s) is/are identified then the funds deposited
in the trust account will be released to the community partner(s) to pay for
all or a portion of the cost to operate the homeless shelter. Without limiting
Hoag's obligations set forth herein, Hoag, at its option, may be involved in
the co -naming of the homeless shelter.
b. During the term of this Third Amendment, the public benefits provided in
Section 8.6(a), above, shall be in addition to the annual funding Hoag
provides through the Melinda Hoag Smith Center for Healthy Living
Agency Partners at its discretion to the non-profit organizations identified
in Exhibit F as may be amended from time to time.
c. Hoag recognizes that services from the Melinda Hoag Smith Center may be
available to any member of the public including, but not limited to,
members considered homeless.
3. Full Force and Effect. Except as modified by this Third Amendment, the
Amended Agreement, attached hereto as Exhibit C, Exhibit D, and Exhibit E respectively, are
incorporated into this Third Amendment and shall remain in full force and effect.
4. Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
5. Counterparts. This Third Amendment may be signed by the Parties in different
counterparts and the signature pages combined shall create a single document binding on all
Parties.
6. Recordation. The City Clerk of City shall record this Third Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.100.
[SIGNATURE PAGE FOLLOWS]
3-277
SIGNATURE PAGE TO
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
By:
i �2o C Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Diane B. Dixon, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
Attachments -
Exhibit A: Legal Description
Exhibit B: Legal Depiction
Exhibit C: Development Agreement dated February 14, 1994
Exhibit D: Amendment to Restated Development Agreement No. 5 dated June 17, 2008
Exhibit E: Second Amendment to Restated Development Agreement No. 5
Exhibit F: Melinda Hoag Smith Center for Healthy Living Agency Partners
E
3-278
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
3-279
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
(seal)
State of California
County of } ss.
On 120 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
0
(seal)
3-280
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of
Miscellaneous Maps, Records of Orange County, California.
Al
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EXHIBIT B
LEGAL DEPICTION OF THE PROPERTY
3-282
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3-283
EXHIBIT C
DEVELOPMENT AGREEMENT DATED FEBRUARY 14, 1994
C1
3-284
R
'►REQtIES[PER
6AYCJd11AEI OME 6103
Recording Requested By and
When Recorded Return to:
City Clerk/ '?. "W'
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
0—
Aft
DOC # 94-4247276
23—MAR-1994 03:59 pM
Recorded in Official Records
of Draw County, California
Lee A. Brooch, County Retarder
Pace 2 of U Fees t 0.04
Tax: { 0.00
DEVELOPMENT AAREMMUT
BETWEEN
THE CITY OF NHWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
Approved February14. 1994
Ordinance No. 94-8
RECEIVED
3-285
DEVELOPMENT AGREE[$NT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoag").
RECITALS. This Agreement relates to the following:
0* 1.1 Purpose of Agreement. This Agreement is intended to;
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag's proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and/or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
1.2 Authorization. This Agreement is authorized by, and is
consistent with, the provisions of 65664 et seq. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal code.
1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit "B" (the "Property").
1.4 Development of the Property. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ("Master Plan", a copy of which is attached to
this Agreement as Exhibit "C" and incorporated by reference
when appropriate), subject to the conditions and mitigation
measures identified in Environmental Impact Report No. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
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y
the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 planning Commission/City Council Hearings. The Planning
Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed
Master Plan, and the EIR on December 5, 1991, January 9, 1992,
January 23, 1992, February 6, 1992, and February 20, 1992. The
City Council conducted public hearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11, 1992.
1.6 Consistency. This Agreement is consistent with the various
elements of the Newport Beach General Plan, the Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty-
five (25) years.
1.7 Police Power, The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents a valid exercise of,
the city's police power, and has been approved in accordance
with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City Ordinance. On February 14, 1994, the City Council adopted
Ordinance No. 94-8 approving this Agreement and authorizing the
City to enter into this Agreement. The Adopting Ordinance will
become effective on March 16, 1994.
2. DEFINITIONS.
2.1 The "Adapting ordinance" refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "Agreement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian".
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3-287
. � x
2.3 "Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4 The "Approval Date" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5 All forms of use of the verb "assign" and the nouns
"assiQnmentn and "assignee" shall include all contexts of
hypothecations, sales, conveyances, transfers, leases, and
assignments.
2.55 "California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6 "CEOA" and the "CEOA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7 "City" refers to the City of Newport Beach, California.
2.8 "City Council" refers to the City Council of the City.
2.9 "Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10 A "day" or "days" refers to a calendar day, unless expressly
stated to be a business day.
2.11 A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "City
Default" refers to a Default by the City, while a "Hoag
Default" refers to a default by Hoag.
2.12 The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal Commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13 The "EIRn refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14 An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
3
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2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
Exhibit A: Legal Description of the Property
40 Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17 "Existing General Regulations" means those General Regulations
approved by the -City on or before the Approval Date
(irrespective of their effective date) and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18 "Future General Rggulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval
Date.
2.19 "General Regulations" means those ordinances, rules,
regulations, policies, and guidelines of the City, which are
generally applicable to the use of land and/or construction
within the City and include, the Fair Share Traffic
contribution Fee ordinance, Uniform Building codes and water
and sewer connection and fee ordinances.
2.20 "General Plan" refers to the City's General Plan in effect on
the Approval Date, plus all amendments to the General Plan i
adopted by the City on or before the Approval Date and
effective prior to the Effective Date.
i
2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non- i
profit corporation.
2.22 "Includes" and all contexts and forms of the words "includes"
and "including" shall be interpreted to also state "but not j
limited to." i
2.23 "Mastgr Plan" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "C").
2.24 "Mortgagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
4
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•
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transaction under which all or a portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
portions acquired by assignees.
2.25 "Notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
2.26 The "Parties" refers to the City and Hoag and a "Party" shall
refer to either of the Parties.
2.27 "Plann_ina ommission" refers to the Planning Commission of the
City.
2.28 The " ro " refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.29 "Project Specific Approvals" means all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30 The "Property" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DMLOPM8NT.
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) Conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the FIR;
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5
(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 61 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
• this Agreement.
(f) Compliance with Existing General Regulations.
3.2 Compliance with Master Plan Conditions/Mitigation Measures.
Hoag acknowledges that City Council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
• (c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic Study);
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(g) Preparation and approval of a project trip generation
study as a condition to construction of development in
Phases II and III of the Master Plan;
(h) Preparation and approval of a Traffic Phasing ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i) Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j) Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air Quality
Management District;
(k) Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag*s right to develop the Property pursuant to the Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by. the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Enwam SIR. Hoag acknowledges that the EIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
equests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. city shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Regulations. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
• for Project Specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are in effect at the time applications for
Project Specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4. RIGHT TO D
4.1 Right to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2. Hoag shall have a vested right to develop
and receive Project Specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construction and Comuletion of Project. subject to
the provisions of this Agreement and the Baster Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction on the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. AMPAL REVISIT.
5.1 City and Hoag Responsibilities. At least every twelve (12)
months during the Term, the City shall review Hoag's good faith
substantial compliance with this Agreement (the "Annual
Review"). After the Annual Review, the City's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Either Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall be made by the
requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed,
the review shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2 Public Hearin. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Reach Municipal Code.
5.3 Information to be Provided to Hogg. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
• 5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the EIR. For the five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 Review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
• stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Est92pel Certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(C) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel Certificate may be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
• the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
6. oENERAL PROVIBIONB.
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zone as defined by the California Coastal Act (Division
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20, California Public Resources Code, beginning with Section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed.
06.3 Term of Aareement. The term of this Agreement (the "Term")
shall begin on the Effective Date and continue for twenty-five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.4 Assiannent. Hoag has the absolute right to assign (see Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
• basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) Subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project; or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
7. CONFLI(TB of LA11.
7.1 Conflict with State and Federal Laws and Regulations. 'Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
• federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations wbigh required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f) Hoag consents in writing to the modification.
(g) Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
Section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25k) of the maximum permitted development.
8. PUBLIC BENEFITS/EZACTIONS.
8.1 Public Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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Plan and this Agreement confer benefits on the public and
nearby residents by imposing long term restrictions on the
height, amount and location of development as well as the
public improvements described in Section 8.2.
8.2 Exactions. Hoag shall, as a condition to the right to develop,
do the following:
(a) Prior to commencement of development, irrevocably offer
• to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The city shall ensure that
adequate erosion control measures are implemented prior
to construction.
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Kaster Plan, or the EIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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DEFAULT, RBMSDIEB AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
.
(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in West Newport to park land and public
recreation facilities proposed in conjunction with
development of the West Newport oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement by ten percent (104) or
more from that authorized in the Master Plan.
DEFAULT, RBMSDIEB AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. if the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
9.2 Option to Institute Legal Proceedings or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter. -
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 Waiver. Failure or delay in giving Notice of Default shall not
waive a Party's right to give future Notice of the same or any
other Default.
9.5 Default by Hoag. If the City alleges a Hoag Default, the City
shall conduct a hearing utilizing the Annual Review procedures
required by this Agreement before the City may commence legal
proceedings to terminate this Agreement.
9.6 Default by the City. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
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obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the City.
�.0 ENCUMBRANCES AND RELEASES ON PROPSRTY.
10.1 Discretion to Encumber. Hoag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 Entitlement to written Notice of Default. Any Mortgagee and
its successors and assigns, upon written request to the City,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoag is provided with Notice
pursuant to Section 9.1.
11.0 MrSCELLAMUS PROVISIONS.
• 11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
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To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: city Attorney
Attention: City Manager
To Hoag: Hoag Memorial Hospital Presbyterian
ew
Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Harman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforcgd_Delay, Extension of Time of Performance. Neither Party
shall be deemed to be in Default where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
unforeseen circumstances, litigation, or similar bases for
excused performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 Severability. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
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Agreement shall become void. For purposes of this section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of sections 3, 4 and a are
deemed "material."
11.4 Entire Aareement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
• all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 Waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCR), are subject to approval of the Coastal
Commission or its successor agency.
11.6 Incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and Instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
• actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assigns. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 Ponstruction of Agreement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the State of California. This
Agreement is not intended to impermissibly contract away the
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legislative and governmental functions of the city, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
0 authority to do so and the authority to bind Hoag to the
performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the Official Records
of Orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Legal Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
correct, or remedy any Default, to enforce any provision of
• this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of Orange, State of California, or in the
Federal District Court in the Central District of California.
11.16 Attorneys' Fees. In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
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Date: '1� , 1994 CITY OF NEWPORT BEACH �
By�/� iLcuwu '
Clarence6rurner, Mayor
i
Date: March 9 , 1994 HOAG MEMORIAL OSPIT SBYTERIAN
• By:
Aer A e
Chairman of t e Board
L
•
Aft
wb\hoagdaC fnl
1/21194
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Exhibit A
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
40 88 of Miscellaneous Maps, Records of Orange County, California.
Parcel 2:
That portion of Lot 172 in Block i of Irvine Subdivision, as shown on a map
recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange
County, California.
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ram*
Litee,wat ISISES
a m m CROW
ASS93M AW
0=40PArpt
CKW or OR.
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•
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26, 1992
Aft
Exhibit C
3-309
TAB%E OF CONTENTS
L
Introduction
H.
General Notes
III.
Definitions
IV.
Development Plan
V.
District Regulations
VL
Sign Program
VII.
Parking Program
VIII.
Landscape Regulations
IX.
Site Plan Review
t
May 26, 1992
Page
Number
1
2
4
6
11
20
22
24
27
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EXI�BiI'S
1. Planned Community Development Plan
2 Internal Circulation
3. Development Criteria
TABLES
1. Statistical Analysis
2 Parking Requirements
May 266 1992
Page
Number
7
9
is
10
23
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INTRODUCTION
Racketound
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.
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IL GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
2. Development of the subject property will be undertaken in accordance with the
0 flood protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council
Policies K-5 and K-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text; the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments.
5. All buildings shall meet Title 24 requirements. Design of buildings shall take into
account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and utility vaults, excluding
• communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
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8. Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. 5. Prior to issuance of any building
permits it shall be demonstrated to the satisfaction of the Planning Department
40 that adequate sewer facilities will be available. Prior to the occupancy of any
structure it shall be further demonstrated that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall be installed within 30 days of the completion
of grading.
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III. DEFINMONS
Building Umtion
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 Env�elone: the volume in which a building may be built as circumscribed by
setback lines and maximum allowable building heights.
Building Heieht: the vertical distance measured from the finished grade to the
highest point of the structure. At all points, the height measurement shall run with the
slope of the land.
Emer n!a Room:. a service and facility designated to provide acute emergency medical
services for possible life threatening situations.
Fast Aid: low acuity medical treatment for non -life threatening situations.
G ner la Pian: 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. Existing - the current elevation of ground surface.
1watient Uses: hospital patient services which require overnight stay.
Landsca4!r, Are the landscape area shall include on-site walks, plazas, water, rooftop
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landscaping. and all other areas not devoted to building footprints or vehicular parking
and drive surfaces.
Mcan Sea Level: a reference or datum mark measuring land elevation using the
average level of the ocean between high and low tides.
-OuwAtient Uses: hospital patient services which do not require overnight stay.
Residential Care: medically -oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site Area for the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2 Net - parcel area after dedications.
Special_ Undsopod Street: West Coast Ifighway is designated as a special landscaped
street, containing special landscape requirements.
Streets: reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
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IV. DEVELOPMENT PIAN
ftier,t Characteristics
The upper campus of Hoag Hospital is located on a triangular site of approximately
17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
north and existing residential developments (the Versailles and Villa Balboa/Scafaire
40 condominiums) to the west. The lower campus is located north of West Coast highway,
south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1.
From 1990 to 2015, many of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies.
The Development Plan includes a 0.8 acre view park adjacent to the bike trail between
the lower campus and the Villa Balboa/Seafaire Condomirdurnc. This view park
includes a twenty -foot wide linear park area adjacent to the bile path (approximately
OS acres) and a consolidated view park at the westerly edge of the property (approxu
mately 03 acres). A bike trail connection is also provided between the existing b&c
trails at the northern and southern boundaries of the lower campus. Access to the lower
campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital related
uses. Instead, a developable area is identified based on the regulations established for
this Planned Community District. Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan.
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LEGEND
M I AREA OF DEVEI.OFMENT
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PLANNED COMMUNITY DEVELOPMENT PLAN Examen
�HOAG MEMORIAL HOSPITAL PRESBYTERIAN
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The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development cap is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profile provided in
the statistical analysis. For example, if changing hospital needs necessitate the
development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as long as a corresponding adjustment in square
footage and trip generation for another use were to occur.
This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis (Table 1) as long as the development limit (Le., square feet) or
the trip generation limit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded
Adjustments to the Development Plan may be allowed if the total square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded.
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LEGEND
mPRIMARY
ACCESS (SIGNALIZED)
ImlSECONDARY
ACCESS
SERVICEACCESS
PUBLIC CIRCULATION
STAFF I SERVICE CIRCULATION
Mut
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VEHICULAR ACCESS EXMBIT 2
�HOAG MEMORIAL HOSPITAL PRESBYTERIAN «
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Table 1
STATISTICAL ANALYSIS`
5Quare Feet
Lower Campus
Msting:
Outpatient Services (Hoag Cancer Center)
65,000
Child Care
7,800
Subtotal•
72,800
Phase I:
Outpatient Services
115,000
Support Service
55,000
Administrative
30,000
Subtotal:
200,000
Phases II & III:
Subtotal:
305,089
Total Lower Campus
577,889
Upper Campus
Existine.
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
Subtotal:
140,000
Phases II & Ill:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,2383
Pun development of the upper and iotrer amperes is anticipated to occur ova an approidmate 20•year period and will "occur
is that, sevealarpheses.
2 Up to 50% of the -Laing upper campus may be .ede kgxd by master plan buildout.
3 Based on development allowed under the General Han at a floor area ratio to Voss rite area of .65 for the lower campus and L0
for the upper campus. Building Bulk limit for The lower campus is 0.90 for all atruct res which includes above grade covered parking.
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V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital -related uses which fit into the five permitted use
categories are allowed by definition. Prior to the issuance of a building permit, plot
plans, elevations and any other such documents deemed necessary by the Planning.
Building and Public Works Departments shall be submitted for the review and approval
. of the Planning, Building, and Public Works Departments.
A Permitted Uses
1. Lower Campus
a) Hospital facilities, including, but not limited to:
L Outpatient services:
• Antepartum Testing
• Cancer Center
• Skilled Nursing
• Rehabilitation
• Conditioning
• Surgery Center
• Clinical Center
• Day Hospital
• Back and Neck Center
• Biofeedback
• Breast Imaging Center
Cr Scan
• Dialysis
• EEG/EMG/NICE Laboratory
• Fust Aid Center
• Fertility Services
• G.L Laboratory
• Laboratory
• Magnetic Resonance Imaging
• Nuclear Medicine
• Occupational Therapy
• Pediatrics
• Pharmacy
• Physical Therapy
• Pulmonary Services
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• Radiation Therapy
• Radiology
• Respiratory Therapy
• Sleep Disorder Center
• Speech Therapy
• Ultrasound
ii. Administration:
• Admitting
.
• dliar Y Office
trrriliar
Aw
• Business Offices
• Information
• Registration
• Patient Relations
• Social Services
iii. Support Services:
• Employee Child Care
• Health Education
• Power/Mechamcal/Auxiliary Support and Storage
• Food Services
• Cashier
• Chapel/Chaplainry Service
• Conference Center
• Dietitian
• Gift Shop
• Laboratory
• Medical U'brary
• Medical Records
• Pharmacy
• Engineering/Maintenance
• Shipping/Receiving
• Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
• Substance Abuse
• Mental Health Services
• Extended Care
• Hospice Care
• Self or Minimal Care
• Congregate Care
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V. Medical/Support Offices
b) Methane gas flare burner, collection wells and associated system
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components.
c)
Accessory uses normally incidental to hospital development.
d)
Temporary structures and uses, including modular buildings.
•
2 Upper Campus
a)
Hospital facilities, including, but not limited to:
i) Inpatient uses:
• Critical Care
• Emergency Care Unit
• Birth Suites
• Cardiology
• Cardiac Care Unit
• Intensive Care Unit
• Mother/Baby Unit
• Surgery/Waiting Rooms
• Radiology
• laboratory
• Pharmacy
ii) Outpatient services as allowed on the lower campus
Siv)
iii) Administrative uses as allowed on the lower campus
Support services as allowed on the lower campus
v) Residential care as allowed on the lower campus
vi) Heliport (subject to Conditional Use Permit)
b)
Accessory uses normally incidental to hospital development.
c)
Temporary structures and uses, including modular buildings.
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B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport Ij
C. Maximum Buidin , H-eie jtt
The maximum building height of all buildings shall be in accordance with Exhibit 3
• which established the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the !
existing tower (235 feet above mean sea level).
2. Upper Campus Midrise Zone - maximum building height not to exceed i
140 feet above mean sea level.
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height sball
not exceed the height of the existing Hoag Cancer Center (57S feet above
mean sea level).
. D. Setba&
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominiums, as defined below:
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'
rninimu building setback.
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............ ... .
DEVELOPMENT CRITERIA
HOAG-MEMORIAL.KO-SPITAL PRESBYTERIAN_. M!aw-&%-VAA
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DEVELOPMENT CRITERIA
HOAG-MEMORIAL.KO-SPITAL PRESBYTERIAN_. M!aw-&%-VAA
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2. The setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet.
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage. as follows:
1st Floor. Up to 18 feet in height no additional articulation is required
• H the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet.
?&Y 26. 1992
3rd Floor and above: A minimum of 204/4o of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet.
The setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet.
In addition, vertical articulation shall be required for buildings westerly of
the signal for buildings within 150 feet of the West Coast Highway
frontage, as follows:
Ist Floor. Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 55 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet.
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width. Additional-
ly, 20% of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
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10% of the linear length of height zones A and B as viewed from the a
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 VC
3. There will be no building setbacks along the boundary with CalTrans east
40 property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property tine shall be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot budding setback from the property line shall be provided
along Hospital Road.
E. jbjng
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to minim; light spillage and glare to the adjacent residential uses.
The pians shall be prepared and sighed by a licensed Electrical Engineer.
F. Roof Trea ent
Prior to the issuance of building permits, the project sponsor shall submit plans which
illustrate that major mechanical equipment will not be located on the roof of any
structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G. 5iM
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
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All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIII.
• Prior to issuance of a building permit, the project sponsor shall submit plans to the City
Planning Department which illustrate that all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
1. Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campus service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) during working
hours (Le. 7:00 am. to 8:00 p m.J signage to restrict use of the road by
Hospital employees, physicians, patients and visitors during non -working
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (Le. scheduled and routine deliveries) on the
weekends.
Ibis restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the Qty prior to the
issuance of the grading permit. H such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
• that requests for specified vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. If operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
2. The lower campus service road shall include provisions for controlled
access to limit usage to physicians and staff, and service vehicles.
try 241992
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3-329
L Loading Dock
Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the project sponsor shall implement an acoustical and/or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area.
. The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
dock area by that addition.
u
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation implica-
tions of enclosing the loading dock arm if enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required. Any enclosure required pursuant to this requirement may encroach
into any required setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
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VI. HOAG HOSPITAL SIGN PROGRAM
A. EuWse and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag HospitaL
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital,
1. All signs visible at the exterior of any budding or facility of the Hospital,
ground mounted or on -building, may be illuminated or non -illuminated,
depending upon need. Illumination method maybe by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All sigas 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
G Number of Signs Allowed
1. One (1) double-faced primary identification ground -mounted sign or two
single faced gateway entry signs shall be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Total maximum signage area
shall not exceed two hundred (200) square feet and sball 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
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to the same number and area maximums described above. This sign may
also occur as part of an entry gateway system.
2. Secondary identification signs shall be allowed This sign type shall not
exceed a maximum height of 48" average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Maximum sign area shall not
exceed thirty-five (35) square feet. This sign may occur as a wall sign to
40 be located upon a project boundary perimeter wall, subject to the same
number and area maximums described above.
3. Vehicular and pedestrian directional signs shall be allowed. This sign type
may occur as a single -faced or double-faced sign. Ibis sign type shall
occur with the sign suspended between two upright supports having the
same depth (thicimess) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation. The elevation facing west (Villa Balboa
property line) may not be illuminated.
5. On the lower campus, one (1) budding -mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa/Seafaire property. Such signs will be no higher than the roof
line of the building upon which they are mounted
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VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking
may be on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review
• and approval of the city Traffic Engineer and the Public Works Depart-
ment.
i
•
3. Parking lot lighting shall be developed in accordance with City standards
and shall be designed in a manner which minimizes impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential area The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met. The lighting
plan shall be subject to review and approval of the City Planning
Department.
B. Reouirements, fo
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement.
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Parking requirements are based on a study performed by DIGS Associates in May,
1987.
" Parking requirement is based on current Hoag Hospital parking demand.
May 26, IM 23
Table 2
PARKING REQUIREMENTS
rj Cateeory
Parjiag Regpirements
Outpatient Services
2.0 spaces/1,000 square feet*
Support
1.0 spaces/1,000 square feet'
Administrative
• Residential Care
4.0 spaces/1,000 square feet'
1.0 spaces/1,000 square feet*
Medical Offices
4.0 spaces/1,000 square feet'
Inpatient
125 spaces/1,000 square feet"
Parking requirements are based on a study performed by DIGS Associates in May,
1987.
" Parking requirement is based on current Hoag Hospital parking demand.
May 26, IM 23
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
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a building permit
• and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may mcIude a concept for the roofs and the parking
struchres. Trees shall not be used, but a planter box or trellis system
shall be designed to provide visual relief of parking structures. All
landscaping shall conform to the building height limits established in this
text
z
Parking lot trees shall be no less than fifteen (15) gallon size.
3.
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4.
Every effort should be made to avoid using plants with invasive and
shallow root systems.
5.
Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided
6.
Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7.
Heavy emphasis shall be placed on the use of drought -resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
B. Maintenance
1.
All planting areas are to be kept free of weeds and debris.
2.
Lawn and ground covers are to be kept trimmed and/or mowed regularly.
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3. All plantings are to be kept in a healthy and growing condition. Fertiliza-
tion, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
5. Stakes, guys and ties on trees should be checked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
stems.
6. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. Special landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A IN building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed in the
setback area. Parking areas shall be screened from view of West Coast Highway with
Iandscaped berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and
shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped
in a similar manner. Tree size to be no less than twenty-four (24) inch box.
D. Villa Balboa Iandscaoe Zone
The area between the Villa Balboa/Hoag property line and the loading dock service
access road shall be landscaped except for any driveway, walkway, or other hardscape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area. Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berming and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
May A im 25
I -I
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•
A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments. Rooftop landscaping shall
conform to height restrictions.
May 26, amt
r
3-337
IX SITE PLAN REVIEW.
Pw
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.D2 to insure
that these projects conform with the objectives of the General PIan and the Master Plan
for Hoag Hospital.
B. Fmdinzs
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. ApaUmtion
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.D2.
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.
May X 1941 27
3-338
CJ
2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structum 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. E=
The applicant shall pay a fee as established by Resolution of the City Council to the City
with each application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section B, in order to carry out the
purposes of this chapter as established by said section, the site plan review procedures
established by this Section shall be applied according to and in compliance with the
following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Teat);
2. Development shall be compatible with the character of the neighborhood
and surrounding sites and shall not be detrimental to the orderly and
harmonious development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality
of the project as viewed from surrounding roadways and properties, with
special consideration given to the mass and bulk of buildings and the
streetscape on West Coast Highway;
May 26, 1942
28
3-339
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearin - Rewired Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
• prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing.
IL Action by the Planner 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 anySite 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 bas been filed by the
applicant, or any otber person, the Commission has requested a review of its decision,
or unless the City Council, not more than twenty-one (21) days after the Commission
action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm,
reverse or modify the decision. Such action by the City Council shall be final.
may zc, IM 29
3-340
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.
• I Action ta the C4 Council
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the Commission. The decision of the City
Council is final.
K Exviration and Revocation of Si
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of
such Site Phan Review are violated or if any law or ordinance is violated
in connection therewith.
I Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten days
prior to the bearing, and shall submit its recommendations to the City
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
t\_\ft-'in9\PCiMMHOAQHOSP
M.y 26.1992
30
3-341
• IIni 1h rAp min
•
•
Date Paqueod:
Data d Cwfficate:
On, to Cky of Newport Basch approved to -Do
Apreantartt Betwem ftw Cty of Newport Beaofi and taap MOMM
PrmbyLe bnm (the Uwbprrtertt Aprosmen ,4
71115 6loppd Owdc oe cmdAea that, n d the 'Oats d 0wMoW Bet tottt t
CHECK WHERE APPLICABLE
t Me Umbpmrt Ap mMd mmlm MMft and d*t16e;
L The Dwdoptwtt AgreKnwtt has not bam a *%W;
9. 7tte Dwdopmertt Aproemsm has been rmntMd b the t km
4. NeMher mmg nor any of $a &=aam an M
default oder the Development Aprseme *
3. 7118 fodowing dWaft adst under the W"bp d AgrsatteM
lbb Eftppel Cwffimte may be rolled upon by any trrnaferee or morlmae
kdareet In the property ~ to rib) of of the Derebpment Agreement.
CRY OF NEWPORT BEACH
BY:
NAME:
TITLE:
susm,
EXHIBIT D
ww
3-343
EXHIBIT D
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
DATED JUNE 17, 2008
D1
3-344
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
This Document was electronically recorded by
ER Cert Mail D
Recorded in Official Records, orange County
Tom Daly, Clerk -Recorder
NO EEE
2008000289321 12:35pm 06/17/08
120 33 A17 56
0.00 0.00 0-00 0.00 0.00 0.00 0.00 0.00
EXEMPT FROM FRIG FEES CAT.. GOVT CGDE b 6103
(Space above this line for Recorder's use)
1't i,vTT RECORDING REQUES PER
-C) IRr MEN CODE 21383
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
j THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May I3, 2008
Ordinance No. 2008-I0
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W
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
EXEMP OM FILM FEES CAL. GOVT CODE 8 6103
(Space above this tine for Recorder's use)
EXEC RECORDING REQUEST PER
GOVERNMEW CODE 21383
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
f
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
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` 5/16/08 10001.34
H&O: #58720 A
AND
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
3-346
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
I . The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
1.9 Hoag_Proper yt . Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit "B"
(the "Property"),
1.10 Hoag Healthcare Services. Hoag is a modern, state-of-
the-art acute care, not-for-profit hospital providing a comprehensive
} mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties_
1.11 Hoag Communily Benefit Programs. In addition to
providing state-of-the-art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
bumoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through disease prevention and wellness and health
promotion, especially for those vulnerable and disadvantaged
populations.
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L 12 E1R No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ("City Council"} certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ("Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
("P.C. Text') setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage of Buildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1.14 Development Agreement No, 5. On May 26, 1992, the
City Council adopted Ordinance No. 92-4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63-0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94-8 approving
an Amendment and Restatement of Development Agreement No. 5
("Restated Development Agreement") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 940207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C. Text to provide that certain non -occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
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Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restate �DeveIopment AgnentAmendmexlts. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ("P. C. Text") to, among
other things.
(a) eliminate the reference to 1.0 Floor
Area Ratio ("FAR") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet ofbuildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
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(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 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 MasterPlan, this Agreement and the
EIR on March 23,1992, March 30,1992, April 13, 1992 and May 11,
1992.. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16, 2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16,1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
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this Amendment and ..authorizing the City to enter into this
Amendment. The adopting ordinance will become effective on June
12, 2008."
3. Section 2.1 ofthe Restated Development Agreement entitled TheAdopting Ordinance
is amended to read as follows:
"2.1 The "Adoptive 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.
"Adog_ting Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement" refers to the "Restated Development
Agreement Between the City ofNewport 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 "EI "refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master PIan'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."
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8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"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
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
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11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the EIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study ofpossible 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 maybe
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
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13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one-half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one-half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance ofthe 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 payfor 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 lmprovements").
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 atter construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
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offset costs associated with other City and community projects or
services -that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), Iandscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales/Use Tax Origin, to read as follows:
"8.3 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization Wes/use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
_. meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that theperson(s) responsible for filingthe tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations_ Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
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Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of$100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
tax to the City. Upon request of the City, Hoag will
provide City on a semi-annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six-month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
} City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation ofthe local share of sales/use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled .Sunset View Park Improvements, to read as follows:
"8.4 Hoag shall reimburse the City up to .$ 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
i
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16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
daily between November la and April 3e, between
- the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section l 1.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Panne
Paone, Callahan, McHolm & Winton
19100 Von Karman, 0 Floor
P.O. Box 19613
Irvine, CA 92713-96I3"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
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with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614-7321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
"11.17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every land and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but not be limited to,
i damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forthin this condition. Hoag shall pay to the Cityupon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
F' FINAL
5/16/08 10001.34
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19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBY'T'ERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008-10
May 13,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all of the other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
i are incorporated into this Amendment in full by this reference.
21. 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.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page follows]
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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
APP OVED AS TO FO
c..�__
F� +� Robin Clauson, City Attorney
CITY:
THE CITY OF NE RT B A6H, a municipal
corporation of tate ali ria
By:
Edwar D eich, N or
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nprofit public
benefit co ti
By: ft1�
Richard F. Afab , M.D
President and CE
(All Signatures to be Notarized)
FINAL
5/16/08 10001.34
x&o: #58720 %d 14
CALIFORNIAALL-PURPOSEf r t
ci:_�L.eo..:a;.�ac%y;;.�. st._,n. �enrwe,: ��i�ts:.v,.��s,:-�r..3 a:s� �c.ytiwrrss ,.7..:�tic�e,:3<<��,a..:�.XcLac; y�c�.,.•..�.�„��i;,� wsv',t� :�• c�eae:s� .csu..
State of Californiaa�Q ��
County of E„)�`�'! rU(•7�
On ti r v * �+ "'fug before me, )Aj (, %tN i �-
Date I re Inmrt Name anN'rNe o} the 0111mr� J—
personally appeared " Y t r �r �" 641t� tea.__-• .
Description of Attached Document
Title or Type of Document.
Document Date:
Sfgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signee's Name:
C Individual
❑ Corporate Officer—Tille(s):
C Partner — ❑ Limited C General
L Attorney in Fact
❑ Trustee Top of thumb here
D Guardian or Conservator
O Other:
Signer Is Representing:
Number of Pages:
Signet's Name:
171 Individual
0 Corporate Officer — Title(s):
C Partner —❑ Limited 0 General
D Attorney in Fact
Trustee
0 Guardian or Conservator
D Other.-
Signer
ther:
Signer Is Representing:
RIfiH77HUriAPRIN7
OF 31uNER
02007 Nadonal Notary Assoctatlan• 9350 pe Sora Ave., P,O.Box2402•Clta nth, CA 81313.2402•wWv.N81iona1NWaryor9 ftem 95907 Reader. COTalf-Free 1-MV15:SK7
3-361
who proved to me on the basis of satisfactory evidence to
_ u:tt.ann t. MOWN
be the person(* whose name* is/are subscribed to the
Co""15%510n %510n # 1693177 r
NOS bft
within instrument and acknowledged to me that
' COWO rga _
Orange County
he/aSeAhW executed the same in hisllae*k authorized
r#
�ycamrn.E>�Ite�Jan26.203
capacity(iee), and that by hislber,Waeit signature(e) on the
instrument the persons} or the entity upon behalf of
which the persons} acted, executed the instrument.
LBLAM L BROWN
I certify under PENALTY OF PERJURY under the laws
conrr"M 1633477
ft0 Alltiec ' Captacra
of the State of California that the foregoing paragraph is
omnge caaNY
true and correct.
Uy ccMrn.brpiaJan25 201
WITNESS my hand and official seat.
�4$f9ri81
Signature
Place Notary Seal Above
of Nwary %bt;c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons rW*g on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document.
Document Date:
Sfgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signee's Name:
C Individual
❑ Corporate Officer—Tille(s):
C Partner — ❑ Limited C General
L Attorney in Fact
❑ Trustee Top of thumb here
D Guardian or Conservator
O Other:
Signer Is Representing:
Number of Pages:
Signet's Name:
171 Individual
0 Corporate Officer — Title(s):
C Partner —❑ Limited 0 General
D Attorney in Fact
Trustee
0 Guardian or Conservator
D Other.-
Signer
ther:
Signer Is Representing:
RIfiH77HUriAPRIN7
OF 31uNER
02007 Nadonal Notary Assoctatlan• 9350 pe Sora Ave., P,O.Box2402•Clta nth, CA 81313.2402•wWv.N81iona1NWaryor9 ftem 95907 Reader. COTalf-Free 1-MV15:SK7
3-361
CALIFORNIA. ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 0 e&
OnM6� ilt Z061i before me, De16a a,esu 1.i— oT_�l 61)ic
(Here insert name and title of the officer)
personally appeared 121 &A Ad 14,PA 6) C
who proved to me on the basis of satisfactory evidence to be the person(4 whose namam subscribed to
the within instrument and acknowledged to me thatQVsike/&oe executed the same m thbir authorized
capacity(i*, and that by /their signaturett on the instrument the person(4* or the entity upon behalf of
which the person(4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
'��� C�oar+i.ttb6
WITNESS my hand and official seal. NKMM MC4ZIFOW N
.i.. GM � M�noh 14Z I
SignatumoMotary public ( Seal)Notary
ADDMONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
1, -{'e Aj +Afed �etxl�o�v�•�i
t
A (Title or desaWtion ofattached docrau in )
i�1a,2P&meej_)' Ufa. S
{Title or description of attaehrd document continued)
Number of Pages 33 Document Dated / 9-6 ,t
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
9
Corporate Officer
:dw� Ap 6 C£4
(Title)
O
Partnegs)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v12.10.07 800.873-9865 www.NotaryCkssm.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acimawleeigment camplered in CaGfonria must contain verbiage exactly as
appears above in the notary sectian or a separate acknowledgment form must be
properly completed and auarbed to that dacwneRt The only exception u tf a
document is to be recorded outside of Cal(fornia. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage doer not require the notary to do something that is legal for a notary in
Callfornla (1,e. cerdoft the authorized capacity of the signer). Please check the
docmnmt carefully for proper noumial wording and attach des form if required
• State and County ptfotmatien must be the State and County where the document
sigaer(s) personally appeared before the notary public for acknowledgment
• Due of notarization must be the date that the signer(s) personally appeared which
mast also be the same date the a6mawiedgmertt is completed
• The notary public meat print his or her name as it appears within his or her
commission followed by a comms and then your title (notary public).
• Print the name(s) of document signa(s) who personally appear at the time of
notarmation.
• indicate the correct singular or plural farms by crossing off incorrect forms (io.
Wahelihey; is /are) or circling the correct forms_ Failure to correctly iodic uc this
infmraation may iced to rejection of document recording.
• The notary seal impression retest be clear and photographically, rcpmducible.
Impression must not cover text or lines. If seal impression smudges, re -seas if a
sufficient area permits, otherwise complete a different admowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
g Addidona! information is not required but could help to easure this
acknowledgment is not adauscd or attached to a different documaet
v Indicate title or type of anechai document, number of pages and date.
fi Indicate the capacity claimed by the signer. If thea claimed capacity is a
corporate oifieer, indicate the title (i.e. CEO, CFO. Secretary),
• Securely attach this document to the signed document
3-362
EXHIBIT A
LEGAL DESCRIMON
The subject property is the following real property in the City ofNewport 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 I oflrvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
FINAL
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EXHIBIT B
Ila
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EXHIBIT C
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted May 13, 2008
Ordinance No. 2008-9
Effective Jane 11, 2008
`3 FINAL
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HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
`? FINAL HoV_PC'_041SOUDOC
3-366
I
i
Hoag Memorial Hospital Presbyterian Planned Comnwwo Development Criteria and District Reg dations
i
TABLE OF CONTENTS
Page
j
I
Number
I.
I
INTRODUCTION
1
i H.
i
GENERAL NOTES
2
III.
DEFINITIONS
3
IV.
DEVELOPMENT PLAN
S
V.
DISTRICT REGULATIONS
10
VI.
i
HOAG HOSPITAL SIGN PROGRAM
21
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
FINAI,_Hoag.,FC 041808aDAC
7
r
Hoag Memorial Hospital Presbyterian Planned Conmanily Development Criteria and District Regulations
LIST OF EXHIBITS
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7
2. VEHICULAR ACCESS 8
3. DEVELOPMENT CRITERIA 14
4. PROPOSED SOUND WALL LOCATION PLAN 19
5. LOADING DOCK AREA LOCATION 20
6. LANDSCAPE MATRIX 32
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 33
8. COAST HIGHWAY LANDSCAPE SCREEN 34
LIST OF TABLES
I. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAI._Hoag_PC�_041808anOC
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Hoag Memorial Hospital Presbyterian Planned Conmunity Development Criteria and District Regulations
I. INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital -related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community teat 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 goveming
building codes.
L,. FINAL_Hoag_PC_041808aA0C
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Hoag Memorial Hospital Presbyterian Planned ConimuniiyDeveloparent Criteria and Mind Regulations
H. 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 aces Fs shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
—' F)NAL Hoaa—PC_041908a.DCC
70
Hoag iLle rud Hospital Presbyterian Planned Conwwnity Development Criteria and District ltegulddons
Ild. 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 Enveloae: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy, but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy;and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City of Newport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
��•� FINAL Hoag_PC_04I808a.DOC 3
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Hoag Mentorml Hospital Presbyterian Planned Community Developmene Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscaue 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 datura mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically -oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications,
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
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Hoag Menmrial Hospital Presbyterian Planned Conm itay Development Criteria and District Regulations
IV. DEVELOPMENT PLAN
Protect Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
i
The Development Plan does not specify building locations or specific hospital -related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Progr E[R and Subsequent Protect Specific Approvals
I-toag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH#1991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
"
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Hoag Menwriat ffospital Presbyterian Planned Community Development Criteria and District Regalodans
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
FINAL_ Hoag_PC_041808aDOC 6
3-374
�rr�R s.htmrva
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Note: Buildings labeled forldentiftcation purposes only
100 0 100 200
SCALE: 1"=200'
PLANNED COMMUNITY SITE AND BOUNDARY MAP
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
REVISED 01. -
22.008
7
LEGEND y' �'. --, i�osrr%ALRiLID
PRIMARY ACCESS (-S aNAUZED)
_�,� ..+NeAanAwF .;��j(`�• Ho�xa�n�u !
M1 __ .., 6fIWCiUNE
SECONDARY ACCESS
ss•' w;��
f'RIMANYAflADWAYS LOADING ancxGuae,eaQ.rel----�51� �.MCUARYMUM
�c� 1
SECONDAAYORWEWAYAND SERINCE )1
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Note: Bulidingslabeledfor Identification purposes onry
NORTH
loo 0 loo 200
___j---L--j
SCALE:1"-200'
REVISED
Hoag Memorial Hospital Presbyterian Planned Community Development Crderia and District Regulations
I
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAXIIIUM ALLOWABLE: 1,343,238 SQUARE -FEET
As of the date ofadoption.
2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
'Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
"� F[NAL_Hoag_PC 041808a.DOC 9
3-377
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existing'
Remaining
a
U
765,349 sq. ft.
765,349 sq. ti.
698,121 sq. ft.
67,228 sq. ft.
990,349 sq. ft.
x
0.
j
U
862,815 sq. ft.
577,889 sq. it.
188,149 sq. ft.
389,740 sq. ft.
577,889 sq. ft.
0
1,618,164 sq. ft.
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.'
0
i✓
As of the date ofadoption.
2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
'Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
"� F[NAL_Hoag_PC 041808a.DOC 9
3-377
Hoag Memorial Hospital Presbyterian ,Planned q4 mTwnuy Development Criteria and District Regulations
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list Other
hospital -related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot
plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public
Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
1. Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
I (g)
Day Hospital
- (h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(l)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
J F[NAi._Hoag PC_041808aAOC 10
'-378
I
I
i
i Haag Menroria! Haspilal Presby[erian Planned Community Development Criteria and District Regulations
(2) Administration:
(a) Admitting
(b) Auxiliary Office
(c) Business Offices
(d) Information Desk
(e) Registration
(f) Patient Relations
(g) Social Services
(3) Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/MechanieaVAuxiliary Support and Storage
(d) Food Services
(e) Cashier
(f) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
ti 0) Laboratory
(k) Medical Library
(I) Medical Records
(m) Pharmacy
(n) Parking Facilities4
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a) Substance Abuse
(b) Mental Health Services
(c) Extended Care
(d) Hospice Care
(e) Self or Minimal Care
(f) Congregate Care
(5) Medical/Support Offices
a Parking structures or decks do not count toward square -footage
_.. =
blhfAi,_Hoap_PC_041 BDSa.DOC l l
3-379
e
Hoag Memorial iYospital Presbyterian Planned Community Development Criteria and District Regaknoms
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
5 Does not count toward square -footage
�`- , F1NAL_Hoag_PC_041808a.DOC 12
I
I
Hoag Memorial Hospital Prcrbyterian Planned Community Development Criteria and D40ricl Regulations
I B. Prohibited Uses
f
I
1, Lower Campus
a. Emergency Room
f
j! b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a_ Conversion of mechanical or structural spaces to uses that allow general or
! routine occupancy
C. Maximum Buildina Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Platt, 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. tower 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.
C FINAL xoaU rC_o4QORa.noC 13
3-381
A.aaau�a
rI�alTmwEs' PPER CAMPUS ZONES
TOWER ZONE MAXIMUM BUILDING HEIGHT
235' ABOVE MEAN SEA MEL
MIDWSE ZONE- MAXIMUM BUtLOING HEIGHT
140' ABOVE MEAN SEA LEVEL
PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SIA
LOU, EICUISIVE OF £LEVATOR TOWER
LOWER CAMPUS ZONES
{ LOWER CAMPUS ZONE- SUB - AREASA, B, C, F, ANO G• NO BUIDING SHALL
EXCEED THE HEIGHT OF THE EXISTING SLOPE OR THE
RANGE OF MAXIMUM BUIIAING HEIGHTS INDICATED
L; ! HErcHr s� SUB - AREAS D AND E- MAXIMUM BUILDING HEIGHT
�2
Mm PAM of VURO G 57.8 fEETABOVEMEAN SEA LEVEL
HNNt. MW PADMED OWES
a PYrM RANGE 0 MAM@t 7n%.d FrarNpC abni4w I 2v Yn7su
OMM HEI&M MEAN SEA EkVEl. MSU iYk�eufruzo3dwa1 ve8! I1j�s't�Aa'ee(,
Shot R'gsOe Opanriaw 4�....—
i7Z WERAGE SLAFE EDAM" E G.A" gee g�pt
230
nammmv
r" •'ti
Note: Buildings labeled for Identification purposes only
DEVELOPMENT CRITERIA PLAN
PAD
ILADIHDDOMfUnder"00
6AAIX �DADGHi D[X.'% -'f �'�'`::•.`• � `r �� �`�
' �•: j� . �, o ..a�,.� . {ti• IfTA:, E . �...� .. - oo.eirw _ _ , ,.
mir
71
r
cumN
SOWN y ,s 1. p � G►�" NORTH
HI'AY
100 0 100 200
is uo� e„naeE eemea�
vW) AAOYtlIo+elN uW 2G
Alae SeoW FwNegnPaud
SCALE :1'=240'
FYIdIRrr 14
REVISED
14
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
i
D. Building Setbacks
4
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
I. Setbacks will be provided along property boundaries adjacent to the Villa Balboa !
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the lst floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd FIoor, 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 lst floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
FINAL Hoag PC Q41808a.DOC 15
i
3-383
Hoag Memorial Hmptat Presbyterian Planned Community Development Criteria and District .Regulations
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two -hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one -hundred fifty (150) feet of West Coast Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six -hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
FINAL. Hess ec a4I808a.00c 16
3-384
Noag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
G. Sums
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
I Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times_ Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
—' FINAL_Hoag PC 041808a.DOC 17
3-385
i
Hoag Menwridd Hospdtal Presbyterian Planned Community Development Criteria and District Regulations
r
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
Dock Area Location, for the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM-10 PM IOPM-7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
F1NAL_H0ag_PC_041808a.D0C 18
I
4 LEGEND
Existing Fence
Property Vim.
Easement Line
:.fmµ '' .a„�: \ ., ' ,. o� ► _ — — — — — — 18.5' High Wali,
.�;. 33' High Wall
17 High Wall
S• r. .� `� 5;. ............... 14''}ii
gh Wall
.. NOTE: Sound Wall is aPPrtudmately 470 Linear Feet
\- •h .`}' �. Sound Wall height measured from
adjacent roadway surface.
20
,y
•V `. .r•
• x
” t
_ '• ft>
.a ... _.. r........ .... .....
SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN Apri13, 2008
0 40 so
EXHIBIT 4
7
�,. a
'• " �
`�` �ti! •.n -.fit 'tit
''
`,'�
es
'� G •' tl �•
• x
” t
_ '• ft>
.a ... _.. r........ .... .....
SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN Apri13, 2008
0 40 so
EXHIBIT 4
7
UPPER CAMPUS
LEGM
PROPEWLINEAS IDOMRM INUMON M.1, DWRCT REWLAVONS
AASIDMFIEDINS=MM.2,01MIC78COULATIONS
LOADINGDOCKARF
WEFX
am
am""LlmaLam
Ac"Qm
JA
2ft . .....
FIRM
mm
fou"m K
M.,
filM-z --tr V7—
TeT
NORTH
LOWER CAMPUS
lw a 100 200
Note; OWkfings[abdedforldantMCalti4npUMOMonty
SCALIE: V-200'
LOADING DOCK AREA FYU[Rrr R
HOAG MEMORIAL HOSPIYAL PRESBYrERIAN
"T,
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
W. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
I. 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
I . All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on -building, may be illuminated or non -illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 1 10-L.
5. For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
1. One (1) double-faced primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
i1NA1._Hoac_PC_041808 a.DOC
21
3-389
Hoag Memorial Hospital Presbyterian Planned Commuady Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. [n the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (11) feet average height above finished grade.
l 5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
Cl) . MNAL_H-8_PC_041808aD0C 22
oag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
TABLE 2
PARKING REQUIREMENTS
Use Category
Parkins Requirements
Outpatient Services 2.31 spaces/1,000 square feet (I)
Support 0.0 spaces/1,000 square feet (1)(2)
Administrative 5.3 spaces/1,000 square feet (l)
Residential Care 1.0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 2.35 spaces/1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
rJNAL_Jioag PC_04I 808aDOC 23
3-391
Hoag Memorial AraspJdal Presbyterian Planned Commumty Developmenl Criteria and Disincl Reguladons
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
Detailed Iandscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure --
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over -watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall he in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit 46.
0 FINAL Hoag_PC 041808a.D0C 24
3-392
R—S Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
FINAL_Hoag_PC 0418080.DOC 25
3-393
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regalations
shall also include sufficient additional landscaping to screen or soften the soundwal) required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
I
FINAL_Hoa&_PC_041806aDOC 26
3-394
Hoag Memorial Mospatal Presbyterian Planned Community Development Criteria and District Regaldtions
IX. SITE PLAN REVIEW
A. Purpose � -
Ta, Council finds that developnF_.,it on the Lower Campus of Hoag l4ospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub -section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
1. Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
3. Replacement of existing cooling towers, exeept fef eastte]#-
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section 1X.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. Plans and Diaarams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
FINAL_Haag_PC 041808a.DOC
27
c
f
3-395
Hoag Memorial Hospital Presbydenaa Planned Conwma dy Development Criteria and District Regulations
1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
FINAL _Ho 28
ug_PC_041808a-DOC;
3-396
Hoag Memorud Hospital Presbyterian Planned Community Development Criteria and District Regulations
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - 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, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property_ It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve
I the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Pian Review shall be final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (21) days after the Director's action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
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.
FrNAL_Hoa&_PC_04 I808a.DQC 29
3-397
Hoag Memorial Hospital Presbyterian Planned Community Development Crileria and Distrlci Rertiadioas
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision_ Such action by the City Council shall be final.
J. Anaeal to the Citv 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 he accompanied by a fee as established by Resolution of the City Council.
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
L. Expiration and Revocation of Site Plan Review Approvals
Eviration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terns of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
Hearin. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
FINAL_14oag_yC_041808a.DOC 30
3-398
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Fxh/bl1 #8 73
0
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do f
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008-10 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
i
Ayes: Henn, RAsansky, Curry, Daigle, Gardner, Mayor Selich
Now: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the f
official seal of said City this 14th day of May 2008.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH )
I, LAVONNE M_ HAR.Ki.F7SS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008-10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2008.
In witness whereof, I have hereunto subscribed my name this day of
2008.
City Clerk
City of Newport Beach, California
3-402
EXHIBIT E
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
E1
3-403
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO. S
BETWEEN
THE CITY OF NEWPORT BEACH
l
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 658 64-658 69.5
and Newport Beach Municipal Code Chapter 15.45)
Approved February _, 2019
Ordinance No. 2019-
3-404
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-65869.5)
This SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
("Second Amendment") is entered into and effective on the date it is recorded with the Orange
County Recorder ("Effective Date") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation ("City"), on the one hand, and HOAG MEMORIAL
HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation ("Hoag"), on
the other. City and Hoag are sometimes collectively referred to in this Second Amendment as
the "Parties" and individually as a "Party."
RECITALS
A. Hoag is the fee owner of approximately thirty eight (38) acres of real property
located in the City of Newport Beach, County of Orange, State of California, located at 1 Hoag
Drive (Assessor's Parcel No.'s 423-011-30, 423-011-28), ("Property"). The Property is more
particularly described in the legal description attached hereto and as Exhibit C and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit D and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement dated February
14, 1994, for reference purposes and recorded in the Official Records of Orange County on
March 23, 1994, as document number 94-0207276 ("Agreement").
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 ("Amendment"). All terms not otherwise
defined in this Second Amendment shall have the meanings given them in the Amendment and
the Agreement.
D. Under the Agreement, the Term of the Agreement was for twenty five (25) years
and the Parties now desire to enter into this Second Amendment to the Agreement to extend the
Term another six (6) months.
E. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code ("NBMC")
Regarding Development Agreements" that amended the terms of NBMC Section 15.45 (the
"Development Agreement Statute and Ordinance"). This Second Amendment is consistent
with the Development Agreement Statute and Ordinance.
G. This Second Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General Plan's designation of the Property as "Private
Institutions - PI," and the Amendment and Agreement.
H. On January 17, 2019, the Planning Commission held a properly noticed public
hearing on this Second Amendment and considered the testimony and information submitted by
City staff, Hoag, and members of the public. On January 17, 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the Planning Commission
-1-
3-405
adopted Resolution No. PC2019-003, recommending the City Council approve this Second
Amendment.
I. In recognition of the significant public benefits that the Agreement, as amended,
provides, the City Council has found that this Second Amendment: (i) is consistent with the City
of Newport Beach General Plan as of the date of the Agreement, the Amendment, and this
Second Amendment; (ii) is in the best interests of the health, safety, and general welfare of City,
its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of,
City's police power; (iv) is consistent and has been approved consistent with the final
Environmental Impact Report (FEIR No. 142) ("FEIR") and the supplemental Environmental
Impact Report (EIR No. ER2007-003) (SCH#1991071003) ("EIR") that have been certified by
the City Council on or before the Agreement Date, which analyzed the environmental effects of
the proposed development of the Project on the Property, and all of the findings, conditions of
approval and mitigation measures related thereto; and (v) is consistent and has been approved
consistent with provisions of California Government Code section 65867 and NBMC chapter
15.45.
J. On February 26, 2019, the City Council held a properly noticed public hearing on
this Second Amendment and considered the testimony and information submitted by City staff,
Hoag, and members of the public. On -'2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019-_, finding the Second Amendment to be consistent
with the City of Newport Beach General Plan and approving this Second Amendment.
AGREEMENT
NOW, THEREFORE, City and Hoag agree as follows:
Term of Agreement. Section 6.3 is hereby amended in its entirety to read as
follows:
"Term of Agreement. The term of this Agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2019, unless otherwise
terminated or modified pursuant to this Agreement. Any modifications to this
Agreement prior to effective certification of the City's Local Coastal Program
('LCV), are subject to the review and approval of the Coastal Commission or its
successor agency."
2. Full Force and Effect. Except as modified by this Second Amendment, the
Agreement and Amendment, attached hereto as Exhibit A and Exhibit B, respectively, are
incorporated into this Second Amendment and shall remain in full force and effect.
3. Recitals. The Recitals set forth above are true and correct and incorporated
herein by reference.
4. Counterparts. This Second Amendment may be signed by the Parties in
different counterparts and the signature pages combined shall create a single document binding
on all Parties.
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5. Recordation. The City Clerk of City shall record this Second Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section
15.45.100.
[SIGNATURE PAGE FOLLOWS]
Attachments - Exhibit A: Development Agreement dated February 14, 1994
Exhibit B: Amendment to Restated Development Agreement No. 5 dated June 17,
2008
Exhibit C: Legal Description
Exhibit D: Legal Depiction
3
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
ATTEST:
LI -A
Leilani I. Brown, City Clerk
APPROVED AS TO FO
By: r
Aaron C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Diane B. Dixon, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of )SS.
On , 20 before me, , Notary Public,
personally appeared, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
(seal)
State of California
County of } ss.
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
511
(seal)
3-409
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On , 20 before me, , Notary Public,
personally appeared who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
(seal)
State of California
County of )SS.
On 120 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
3-410
EXHIBIT A
DEVELOPMENT AGREEMENT DATED FEBRUARY 14,1994
-A1-
11
Zr RDQciesr M
rMK 6103
Recording Requested By and
When Recorded Return to:
City Clerk
City of Newp6rt Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
0 —
is
Aft
IOC # 94-4247276
23—MAR-1944 03:59 Pm
Recorded in Official Retards
Of Orange County, California
Lee A. Branch, County Recorder
°age 1 of 61 fees.. f Q,ev
Tax: t 0.00
DN"LOPM8NT AGRBSMSNT
BBTIISBN
THE CITY OF NSWPORT BRACH
AM
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
ApprovedFebrua��4, 19941994
ordinance No. 94-8
3-412
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoag").
RECITALS. This Agreement relates to the following:
1.1 ase of Agreement. This Agreement is intended to:
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag's proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and/or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
1.2 Authorization. This Agreement is authorized by, and is
consistent with, the provisions of 65864 et seg. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal Code.
1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit "B" (the "Property").
1.4 Development of the Prooertv. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ("Master Plan", a copy of which is attached to
this Agreement as Exhibit "C" and incorporated by reference
when appropriate), subject to the conditions and mitigation
measures identified in Environmental Impact Report No. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
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the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 Planning Commission/City Council Hearings. The Planning
Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed
Master Plan, and the EIR on December 5, 1991, January 9, 1992,
January 23, 1992, February 6, 1992, and February 20, 1992. The
City Council conducted public hearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11, 1992.
1.6 Consistency. This Agreement is consistent with the various
elements of the Newport Beach General Plan, the Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty-
five (25) years.
1.7 Police Power- The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents a valid exercise of,
the City's police power, and has been approved in accordance
• with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City Ordinance. On February 14, 1994, the City Council adopted
Ordinance No. 94-8 approving this Agreement and authorizing the
City to enter into this Agreement. The Adopting Ordinance will
become effective on March 16, 1994.
2. DEFINITIONS.
2.1 The "Adopting Ordinance- refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "AgFeement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian".
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t
2.3 "Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in section 5.
2.4 The "Approval Date" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5 All forms of use of the verb "assign" and the nouns
"assignment" and "assignee" shall include all contexts of
hypothecations, sales, conveyances, transfers, leases, and
assignments.
2.55 "California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6 "CEOA". and the "CEOA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7 "City" refers to the City of Newport Beach, California.
2.8 "City Council" refers to the City Council of the City.
2.9 "Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10 A "day" or " a s" refers to a calendar day, unless expressly
stated to he a business day.
2.11 A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "City
ilefault" refers to a Default by the City, while a "Hoag
Default" refers to a default by Haag.
2.12 The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13 The "EIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14 An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
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3-415
2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
• Exhibit A: Legal Description of the Property
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17
"Existing General Regulations" means those General Regulations
approved by the -City on or before the Approval Date
(irrespective of their effective date) and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18
"Future General Regulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval
Date.
2.19
"General Regulations" means those ordinances, rules,
regulations, policies, and guidelines of the City, which are
generally applicable to the use of land and/or construction
within the City and include, the Fair share Traffic
Contribution Fee Ordinance, Uniform Building Codes and water
and sewer connection and fee ordinances.
2.20
"General Plan" refers to the City's General Plan in effect on
•
the Approval Date, plus all amendments to the General Plan
adopted by the City on or before the Approval Date and
effective prior to the Effective Date.
2.21
"Hoag" refers to Hoag Memorial Hospital Presbyterian, a non-
profit corporation.
2.22
"Includes" and all contexts and forms of the words "includes"
and "including" shall be interpreted to also state "but not j
limited to." i
2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "C").
2.24 "Mortgagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
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•
transaction under which all or a portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
portions acquired by assignees.
2.25 "Notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
2.26 The "Parties" refers to the City and Hoag and a "Party" shall
refer to either of the Parties.
2.27 "Planning Commission" refers to the Planning Commission of the
City.
2.28 The "Pr " refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.29 "Project Specific Approvals" means all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30 The "Property" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DRVSLOPMSNT.
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) Conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR;
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9
(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) Conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. al and Variance
No. 1160;
(e) Compliance with the terms and conditions specified in
this Agreement.
(f) Compliance with Existing General Regulations.
3.2 Comolianc1t with Master Plan Conditions/Mitiaation Measures.
Hoag acknowledges that City Council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. Specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
(c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic study);
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(g)
Preparation and approval of a project trip generation
study as a condition to construction of development in
Phases II and III of the Master Plan;
(h)
Preparation and approval of a Traffic Phasing ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i)
Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j)
Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air Quality
Management District;
(k)
Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag's right to develop the Property pursuant to the Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Program SIR. Hoag acknowledges that the ETR is a "Program
IR 04 The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
equests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
3-419
The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Regulations. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
• for Project Specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are in effect at the time applications for
Project specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4. RIGHT TO D
4.1 Riot to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 55857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for construction and Completion of Proiect. Subject to
the provisions of this Agreement and the Master Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction on the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. AW AL RBDISR.
05.1 C t and Hoag Responsibilities. At least every twelve (12)
months during the Term, the City shall review Hoag's good faith
substantial compliance with this Agreement (the "Annual
Review"). After the Annual Review, the City's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Either Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall he made by the
requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed,
the review shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Beach Municipal Code.
5.3 Information to be Provided to Hoaq. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (lo) days before the
Annual Review.
• 5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the EIR. For the five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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•
•
6.
AM
evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 Review Tetter. If Hoag is found to he in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Estoppel certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel certificates on behalf of the city.
An Estoppel Certificate may be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
GENERAL PROVISIONS.
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting Ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zone as defined by the California Coastal Act (Division
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20, California Public Resources Code, beginning with Section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed.
6.3 Term of Agreement. The term of this Agreement (the "Term")
0 shall begin on the Effective Date and continue for twenty-five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
commission or its successor agency.
6.4 Assignment. Hoag has the absolute right to assign (see Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
• basis for an enforcement action against them.
6.5 Amendment of Agreement,
(a) Subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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7.
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project; or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
CONFLICTS of L71R_
7.1 Conflict with State and Federal Laws and Regulations. Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
12
1
3-424
extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in affect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City council makes a finding that such modification
is required (as opposed to permitted) by state and
• federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations ich required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f) Hoag consents in writing to the modification.
(g) Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
Section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25%) of the maximum permitted development.
8. PUBLIC BEWFITB/S2ACTIOHB.
8.1 Lblic Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
13
r
3-425
Plan and this Agreement confer benefits on the public and
nearby residents by imposing long term restrictions on the
height, amount and location of development as well as the
public improvements described in Section 8.2.
8.2 factions. Hoag shall, as a condition to the right to develop,
do the following:
(a) Prior to commencement of development, irrevocably offer
. to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The City shall ensure that
adequate erosion control measures are implemented prior
to construction.
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
14
3-426
(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Master Plan, or the EIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
•
($250,000.00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
14
3-426
9. DEFAULT, REMEDIES AM TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
15
Aft
f 3-427
(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
•
(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in west Newport to park land and public
recreation facilities proposed in conjunction with
development of the West Newport Oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. ,its a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the city Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement by ten percent (10%) or
more from that authorized in the Master Plan.
9. DEFAULT, REMEDIES AM TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
15
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f 3-427
a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
. 9.2 Option to Institute Leaal Proceedings or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
. evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 Waiver. Failure or delay in giving Notice of Default shall not
waive a Party's right to give future Notice of the same or any
other Default.
9.5 Default by Hoaa. if the City alleges a Hoag Default, the City
shall conduct a hearing utilizing the Annual Review procedures
required by this Agreement before the city may commence legal
proceedings to terminate this Agreement.
9.6 Default by the City. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
16
3-428
obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the City.
�.0 ENCUMBRANCES AND RSLSASES ON PROPERTY.
10.1 Discretion to Encumber. goag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 gntitlement to Written Notice of Default. Any Mortgagee and
its successors and assigns, upon written request to the City,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoag is provided with Notice
pursuant to Section 9.1.
11.0 NISCELLANEOUS PROVISIONS.
11.1 Notices. All Notices (see section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
17
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3-429
To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: City manager
To Hoag: Hoag Memorial Hospital Presbyterian
Newport Boulevard
op Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, HcHolm & Winton
19100 Von Harman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforced Delav:Extension of Time of Performance. Neither Party
shall be deemed to be in Default where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
• unforeseen circumstances, litigation, or similar bases for
excused performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 $everabi,lity. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
18
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3-430
Agreement shall become void. For purposes of this section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of sections 3, 4 and a are
deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
• all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
Commission or its successor agency.
11.6 incorporation of Recitals. The Recitals set forth in section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and Instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
• actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assigns. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 Construction of Agreement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the State of California. This
Agreement is not intended to impermissibly contract away the
19
Aak
3-431
legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
. performance of Hoag's obligations under this Agreement.
11.12 gMsent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the official Records
of orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution og Iggal Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
correct, or remedy any Default, to enforce any provision of
• this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of orange, state of California, or in the
Federal District Court in the Central District of California.
11.16 Attorneys' Fees. In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
3-432
Date: "�" ^ 9v , 1994 CITY OF NEWPORT BEACH
BY:I./
Clarence 621urner, Mayor
}
i
Date: March 9 , 1994 HOAG MEMORIAL OSPISBYTERIAN
BY:7V,
i
Albert J. A e j
Chairman of t e Board I
wtAhu9d&4 • int
1/21/94
•
Amh
21
3-433
Exhibit A
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 -
0
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3-434
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3-435
u
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA,
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26, IM
F
Exhibit C
3-436
TABLE OF CONTENTS
• L
Introduction
II.
General Notes
III.
Definitions
IV.
Development Plan
V.
District Regulations
VL
Sign Program
VII.
Parking Program
VIII.
Landscape Regulations
Ix
Site Plan Review
•
Play 26, 1942
Page
Number
1
2
4
6
11
20
22
24
27
i
3-437
ExHwrrS
Page
Number
• 1. Planned Community Development Plan 7
2. internal Circulation 9
•
3. Development Criteria 15
TABLES
1. Statistical Analysis 10
2. Parking Requirements 23
May 26, 1941
ii
3-438
1. 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.
May 26, 1992
3-439
II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
02. Development of the subject property will be undertaken in accordance with the
flood protection policies of the City of Newport Beach.
I All development of the site is subject to the provisions of the City Council i
Policies K-5 and K-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments.
5. All buildings shall meet Title 24 requirements. Design of buildings shall take into
account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and utility vaults, excluding i
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 he 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.
"76. IM
2
3-440
8. Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. 5. Prior to issuance of any building
• permits it shall be demonstrated to the satisfaction of the Planning Department
that adequate sewer facilities will be available. Prior to the occupancy of any
structure it shall be Further demonstrated that adequate sewer facilities exist
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall be installed within 30 days of the completion 1
of grading. s
•
May as, IM 3
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3-441
III. DEFiNMONS
$nildiny Elevation: i
1. a vertical distance of a building above or below a fixed reference level,
i.e., MSL (mean sea level).
• f
2. a flat scale drawing of the front, rear, or side of a building:
I
WftEuvalone the volume in which a building may be built as circumsedbed by j
setback lines and maximum allowable building heights.
uiWing 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.
Emergenav Room . a service and facility designated to provide acute emergency medical
services for possible life threatening situations.
Fast Aid: low acuity medical treatment for non -life threatening situations.
General Plan: the General Plan of the City of Newport Beach and all elements thereof,
Grade: for the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or
other site preparation related to, or to be incorporated into,
. a proposed new development or alteration of existing
developments. (Grades may be worked into buildings to
allow for subterranean parking.)
2. Natural - the elevation of the ground surface in its natural state
before man-made alterations.
3. Existing - the current elevation of ground surface.
Jrtgatiat j ses: hospital patient services which require overnight stay.
landscape Area: the landscape area shall include on-site walks, plazas, water, rooftop
Mayas, IM 4
3-442
landscaping. and all other areas not devoted to building footprints or vehicular paridng
and drive surfaces.
Mean Sea Level: a reference or datum mark measuring land elevation using the
average level of the ocean between high and low tides.
• Outpatient Uses: hospital patient services which do not require overnight stay.
Residential Care: medically -oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site Area for the purpose of determining development area:
1. Grass - parcel area prior to dedications.
2 Net - parcel area after dedications.
Soecial LandaoMd Street: West Coast Highway is designated as a special landscaped
street, containing special landscape requirements.
Streets reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
•
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3-443
W. DEVELOPMENT PLAN
Project Characteristics
The upper campus of Hoag Hospital is located on a triangular site of approximately
1757 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
north and existing residential developments (the Versailles and Villa Balboa/Seafaire
condominiums) to the west The lower campus is located north of West Coast Highway,
south of the Versailles and Villa Balboa/SeafWre Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
Develizmot Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1.
From 1990 to 2015, many of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies.
The Development Plan includes a 0.8 acre view park adjacent to the bike trail between
the lower campus and the Villa Balboa/Seafaire Condominiums. This view park
includes a twenty -foot wide linear park area adjacent to the bike path (approximately
OS acres) and a consolidated view park at the westerly edge of the property (approxi-
mately 0.3 acres). A bike trail connection is also provided between the existing bike
trails at the northern and southern boundaries of the lower campus. Access to the lower
campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
Road, via the upper campus. FA it 2 shows the internal circulation for Hoag Hospital
The Development Plan does not specify building locations or specific hospital related
uses. Instead, a developable area is identified based on the regulations established for
this Planned Community District Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan.
MW Jsn
1
LEGEND
smAREA OR DEVELOPMENT
•
•
ODAW
PLANNED COMMUNITY DEVELOPMENT PLAN men,
�HOAG MEMORIAL HOSPITAL PRESBYTERIAN
3-445
The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag Hospital. in order to provide flexibility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development rap is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profile provided in
• the statistical analysis. For example, if changing hospital needs necessitate the
development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as long as a corresponding adjustment in square
footage and trip generation for another use were to occur.
This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis (Table 1) as long as the development limit (Le., square feet) or
the trip generation limit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded.
Adjustments to the Development Plan may be allowed if the total square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded.
M" zs, IM
F— -I
3-446
r
•
LEGEND •
ImPRIMARY ACCIESSI$IQNAUZE0)
ImEECONOARYACCEBB
BERVICEACCEBB
PUBUCCIRCULATICN
Q2TAFF / 9ERVICE CIRCULATION
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_ ��-�.__ •~~�......._ .. MUT +Nr-Nr_•CWI � �� '�
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VEHICULAR ACCESS
3-447
C�
•
Table 1
STATISTICAL ANALYSIS'
u5c
ware Feet
Lower Campus
EidsthW.
Outpatient Services (Hoag Cancer Center)
65,000
Child Care
7,800
Subtotal:
72,800
phase I:
Outpatient Services
115,000
Support Service
55,000
Administrative
30,000
Subtotal:
200,000
Phases H & III:
Subtotal:
305,089
Total Lower Campus
577,889
Upper Campus
Eidstin&X
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
Subtotal:
140,000
Phases II & III:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,2383
Full development of the upper and kmmr c mpaw is anticipated to ower over an appraumaa 20 -year period and in WW4 on=
in ours, seven-pur phases.
2 Up to 5096 of the ed ting upper oampus may be redev fcped by matter plan buildout
3 Based on development allowed under the C3eneral Plan at a floor area ratio to grow site arra of .65 for the loser eampua and LA
for the upper campus. Building Bok limit for the hewer o pus U 0.90 for N structures which includes above grade Covered parking.
May 26, 1942
10
' 3-448
•
•
Aft
V. DISTRICT REGULATTONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital -related uses which fit into the five permitted use
categories are allowed by definition. Prior to the issuance of a budding permit, plot
plans, elevations and any other such documents deemed necessary by the Planning,
Building and Public Works Departments shall be submitted for the review and approval
of the Planning, Building, and Public Works Departments.
A. Permitted Uses
1. Lower Campus
a) Hospital facilities, including, but not limited to:
i. Outpatient services:
•
Antepartum Testing
•
Cancer Center
•
Skilled Nursing
•
Rehabilitation
•
Conditioning
•
Surgery Center
•
Clinical Center
•
Day Hospital
•
Back and Neck Center
•
Biofeedback
•
Breast Imaging Center
•
CT Scan
Dialysis
•
EEG/EMG/NICE Laboratory
First Aid Center
•
Fertility Services
•
G.L Laboratory
•
Laboratory
•
Magnetic Resonance Imaging
•
Nuclear Medicine
•
Occupational Therapy
•
Pediatrics
Pharmacy
•
Physical Therapy
•
Pulmonary Services
May 26, 1992
11
3-449
• Radiation Therapy
• Radiology
• Respiratory Therapy
• Sleep Disorder Center
• Speech Therapy
• Ultrasound
iii. Support Services:
•
ii. Administration:
•
• Auxiliary Office
•
• Business Offices
•
• Information
•
• Registration
•
• Patient Relations
•
• Social Services
iii. Support Services:
•
Employee Child Care
•
Health Education
•
Power/Mechamcai/Auxiliary Support and Storage
•
Food Services
•
Cashier
•
Chapel/Chaplainry Service
•
Conference Center
•
Dietitian
•
Gift Shop
•
Laboratory
•
Medical Library
•
Medical Records
•
Pharmacy
•
•
Engineering/Maintenance
•
Shipping/Receiving
•
Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
•
Substance Abuse
•
Mental Health Services
•
Extended Care
•
Hospice Care
•
Self or Minimal Care
•
Congregate Care
May x6,1992
12
V. Medical/Support Offices
b) Methane gas flare burner, collection wells and associated system
May w, IM
AdNk
13
3-451
components.
c)
Accessary uses normally incidental to hospital development.
d)
Temporary structures and uses, including modular buildings.
2. Upper Campus
a)
Hospital facilities, including, but not limited to:
i) Inpatient uses:
• Critical Care
• Emergency Care Unit
• Birth Suites
• Cardiology
• Cardiac Care Unit
• Intensive Care Unit
• Mother/Baby Unit
Surgery/Waiting Rooms
• Radiology
• laboratory
• Pharmacy
ii) Outpatient services as allowed on the lower campus
iii) Administrative uses as allowed on the lower campus
iv) Support services as allowed on the lower campus
v) Residential care as allowed on the lower campus
vi) Heliport (subject to Conditional Use Permit)
b)
Accessory uses normally incidental to hospital development.
c)
Temporary structures and uses, including modular buildings.
May w, IM
AdNk
13
3-451
' B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maximum Buildin¢ Height i
The maximum building height of all buildings shall be in accordance with Exhibit 3
. which established the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the i
existing tower (235 feet above mean sea level).
2. Upper Campus Midrise Zone - maximum building height not to exceed
140 feet above mean sea leveL Ij
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower. i
I
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area r
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (573 feet above
mean sea level).
• D.S;tbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. i
1. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominiums, as defined below:
a) Upper campus western boundary setback shall be the prolongation i
of the westerly edge of the existing cafeteria/laboratory building to
the points of intersection with the easterly curb line of the existing
service drive, then continuing along said line of the existing service
drive.
b) Lower campus northern boundary, all of which will have a 20'
minimum building setback.
May 26, 1992
14
3-452
�
hart mel
Gil6141a1 6LBITt
DEVELOPMENT CRITERIA
SPrrAL PRESBYTERIAN__... Mimmmi-mi-WA
HOAG-MEMORIAL-H
3-453
2. The setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet.
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage, as follows:
1st Floor. Up to 18 feet in height no additional articulation is required
. If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet
The setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet
In addition, vertical articulation shall be required for buildings westerly of
the signal for buildings within 150 feet of the West Coast Highway
frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20016 of the building
40 frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 55 feet
May X 1992
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width. Additional-
ly, 20% of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
16
3-454
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
I There will be no building setbacks along the boundary with CalTrans east
property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided
along Hospital Road.
E. Ilgum
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to minimize light spillage and glare to the adjacent residential uses.
The plans shall be prepared and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which
• illustrate that major mechanical equipment will not be located on the roof of any
structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G.
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
I -L
All parking shall be as specified in Part VA Hoag Hospital Parlang Regulations.
MMr x IM
17
3-455
L Lmdmlm
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIIL
• Prior to issuance of a building permit, the project sponsor shall submit plans to the City
Planning Department which illustrate that all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
K Internal Circulation
1. Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campus service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) daring working
hours (Le. 7:00 a.m. to 8.00 pm.), signage to restrict use of the road by
Hospital employees, physicians. patients and visitors during non-worlong
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (Le. scheduled and routine deliveries) on the
weekends.
This restriction speciifcally applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
issuance of the grading permit. N such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
• that requests for specified vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. U operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
2. The lower campus service road shall include provisions for controlled
access to limit usage to physicians and staff, and service vehicles.
May A 1992
is
3-456
L Loading Dock
Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the pmject sponsor shall implement an acoustical and/or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area.
. The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
dock area by that addition.
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation implica-
tions of enclosing the loading dock area. If enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required. Any enclosure required pursuant to this requirement may encroach
into any required setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
May 26, 1992
19
3-457
VI. HOAG HOSPITAL SIGN PROGRAM
A 1'_ttt�lose 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 (Sty of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital-
• 2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital,
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on building, may be illuminated or non -illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional
and safe with regard to appearance, structural integrity and electrical
service.
4. Allstreet signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L
G. Number of Sign Allowed
1. One (1) double-faced primary identification ground -mounted sign or two
single faced gateway entry signs shall be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Total maximum signage area
shall not exceed two hundred (200) square feet and shall not exceed ten
(10) feet in height per sign and street frontage. This sign may occur as a
wall sign, to be located upon a project boundary perimeter wall, subject
WY 24 IM
20
3-458
to the same number and area maximums described above. This sign may
also occur as part of an entry gateway system.
2. Secondary identification signs shall be allowed This sign type shall not
exceed a maxirmtm height of 48" average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Maximum sign area shall not
. exceed thirty-five (35) square feet. This sign may occur as a wall sign to
be located upon a project boundary perimeter wall, subject to the same
number and area maximums described above.
3. Vehicular and pedestrian directional signs shall be allowed This sign type
may occur as a single -faced or double-faced sign. This sign type shall
occur with the sign suspended between two upright supports having the
same depth (thickness) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation. The elevation facing west (Villa Balboa
property line) may not be illuminated.
5. On the lower campus, one (1) building -mounted identification sign will be
allowed per structure and sball not be placed so as to directly face the
Villa Balboa/Seafaire property. Such signs will be no higher than the roof
line of the building upon which they are mounted.
•
May 26> 1992
21
3-459
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 panting structures.
2. The design and layout of all parking areas shall be subject to the review
. and approval of the city Traffic Engineer and the Public Works Depart-
ment.
3. Parking lot lighting shall be developed in accordance with City standards
and shalt be designed in a manner which minimizes impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential area. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met. The lighting
plan shall be subject to review and approval of the City Planning
Department.
•
B. Reauirements for Offstreet Parkin
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement.
Mry 26, 1992
0
3-460
•
Parking requirements are based on a study performed by DKS Associates in May,
1987.
Parking requirement is based on current Hoag Hospital parking demand_
N" ab, IM
23
3-461
Table 2
Use Category
PARKING REQUIREMENTS
Parking
Outpatient Services
Requirements
20 spaces/1,000 square feet'
support
1.0 spaces/1,000 square feet'
Administrative
Residential Care
4.0 spaces/1,000 square feet*
1.0 spaces/1,000 square feet`
Medical Offices
4.0 spaces/1,000 square feet•
Inpatient
1.25 spaces/1,000 square feet"
•
Parking requirements are based on a study performed by DKS Associates in May,
1987.
Parking requirement is based on current Hoag Hospital parking demand_
N" ab, IM
23
3-461
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
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a budding permit
•
and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Pian may include a concept for the roofs and the parking
structures. Trees shO not be used, but a planter box or trellis system
shall be designed to provide visual relief of parking structures. All
landscaping shall conform to the building height limits established in this
text I
2.
Parking lot trees shall be no less than fifteen (15) gallon size.
i
3.
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4.
Every effort should be made to avoid using plants with invasive and
shallow root systems.
5.
Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided.
i
6.
Trees in parking lots should be limited in variety. Selection should be {
repeated to give continuity. Regular spacing is not required and irregular
.
groupings may add interest. Care should be exercised to allow plants to I
grow and maintain their ultimate size without restriction.
7.
Heavy emphasis shall be placed on the use of drought -resistant native and i
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
B. Maintenance I
1.
All planting areas are to be kept free of weeds and debris.
2.
Lawn and ground covers are to be kept trimmed and/or mowed regularly.
May w, IM
24
3-462
3. AD plantings are to be kept in a healthy and growing condition. Fertiliza-
tion, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
S. Stakes, guys and ties on trees should be checked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
stems.
b. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. S al I dsojind Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street A 19 building setback from right-of-way / property line is required
along West Coast Highway. only driveways, parking and signage are allowed in the
setback area Parking areas shall be screened from view of West Coast Highway with
landscaped berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and
shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped
in a similar mann r. Tree size to be no less than twenty-four (24) inch box.
D. Vi to Balboa I AndsZone
The area between the Villa Balboa/Hoag property line and the loading dock service
access road shall be landscaped except for any driveway, walkway, or other hadscape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
E. Parkin Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area. Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berming and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
way 26, IM 25
A`
3-463
•
•
A rooftop landscaping program may he developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments. Rooftop landscaping shall
conform to height restrictions.
May 26, 1992
26
3-464
UL SITE PLAN REVIEW.
F-1
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
S certain individual projects which are proposed by the hospital to differ from the setback,
horizontal and vertical articulation requirements as set forth in Section VD2. to insure
that these projects conform with the objectives of the General Pian and the Master Plan
for Hoag Hospital.
LO
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. AP41fication
Site Plan Review approval shall be obtained prior to the issuance of a grading or
building permit for any now structure or the addition to an existing structure which does
not conform to the provisions of Section VD2.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for
approval:
May 26, 1992
F-
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 Brits, 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.
27
3-465
•
•
Ask
2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading pians when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, Iocation, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear
upon completion
6. Any other plans, diagrams, drawings or additional information necessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
E. F=
The applicant shall pay a fee as established by Resolution of the City Council to the City
with each application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section B, in order to carry out the
purposes of this chapter as established by said section, the site plan review procedures
established by this Section shall be applied according to and in compliance with the
following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood
and surrounding sites and shall not be detrimental to the orderly and
harmonious development of the surroundings and of the City;
3. Development shall be sited and designed to m<a)dmi'e 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;
M.y 26, IM
3-466
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
accas5 ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
Property at least ten (10) days prior to the hearing.
H Adop 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 fried 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.
nay u, M 29
3-467
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 Ietter of appeal in duplicate, with the Planning Department. Such letter shall set forth
the grounds upon which the appeal is based and shall be accompanied by a fee as
established by Resolution of the City Council.
J. Action by the City Council
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the C=mission. The decision of the City
Council is final.
IL
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
I 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 shalt hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten days
prior to the hearing, and shall submit Its recommendations to the City
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation -of the Planning Coiion
t\- \ l M=9\PC1EXr\UOAGHOSP
M" 4 '1992
U-11
3-468
C,.
0
a_it."..tt I.I.._ 1
not //��:
Dolor d V01dkab:
On the Cly of Newport Beach approved the'Den
Ap/Nmsrtt the Clay of Newport Beach and Haag M*=M
Preebybrten• (ttta'Dsttdoftt w t Aproemavl-14
716Estoppel CerIffiaa, cxrtt tt>et: as d the 'Dab d Certlllaabe' sd ltxtft
• ONE" WHERE APPLICABLE
1. lite Dette%WM AWasmant r MON Wn ft and ModVe;
Z The Dw* ptnrtt AWMnsnt has not been Iamndad;
3. The DsttelopYWtt AWwram hes peen arrwt M In the **m
•
4. Neither HM nor any of Its nocome rs an in
tielttutt trader the Da okprtartt Aorsemert
S
The Um*V debuke e3* tinder the DevoWment "mot
I
This EMoppol Cwdknbs may be raged upon by any bmfo or mor%nn
lntereet In the property which is subJeat of the Dew4xnwtt Apra moat
CITY OF NEWPORT BEACH
BY:
NAME-
TME:
AMEtiTl..E:
Im"Imm
EXMIBIT D
MA
3-470
EXHIBIT B
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
DATED JUNE 17, 2008
me
3-471
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
EX 1E PT RE'C0RDING RE,IJ'cS 'I ='cR
"/ERINME T, ("ODE 27333
This Document was electronically recorded by
ER Cert Mail D
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
1111e®11NE51 NO FEE
2008000289321 12:36pm 06/17/08
120 33 A17 86
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EXEMPT FROM FILING FEES CAL GOVT CODE ti 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
t THE CITY OF NEWPORT BEACH
(Tursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
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RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
EXEMPT FROM FILIM FEES CAL. GOVT CODE 4 6103
(Space above this line for Recorder's use)
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 21363
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 May 13, 2008
Ordinance No. 2008-10
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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 I ,19(fl to read as follows.
1.9 HoagProperly. 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"
f (the "Property'.
i 1.10 Hoag Healthcare Services. Hoag is a modem, state-of-
the-art acute care, not-for-profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag Community Benefit Programs. In addition to
providing state-of-the-art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
burnoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through disease prevention and wellness and health
promotion, especially for those vulnerable and disadvantaged
populations.
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L 12 EiR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ("City Council') certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ("Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
("P.C. Text") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Sguare 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.
1.14 Development Aeseement No. 5. On May 26, 1992, the
City Council adopted Ordinance No. 924 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,
J California on August 4, 1993 as Instrument No. 63-0522236.
1.15 Restated Development A.sreement. On February14,
1994, the City Council of City adopted Ordinance No. 94-8 approving
an Amendment and Restatement of Development Agreement No. 5
("Restated Development Agreement") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No, 94-0207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C. Text to provide that certain non -occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
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Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restate, DeveIopn mt A.MMent Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text CT. C. Text") to, among
other things.
(a) eliminate the reference to 1.0 Floor
Area Ratio ("FAR') for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(e) allow the transfer of up to 225,000
square feet ofbuildable 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 areduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
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(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(0 incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Plannine Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5, 1991, January 9, 1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23,1992, March 30, 1992, April 13, 1992 and May 11,
1992.. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16,2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
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this Amendment and :authorizing the City to enter into this
Amendment. The adopting ordinance will become effective on June
12, 2008."
3. Section 2.1 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. 948, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement" refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this AmendmenL"
5. Section 2.13 of the Restated Development Agreement entitled The ED? is amended to
read as follows:
I "2.13 The "EIR" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
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 (0 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."
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8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
1.3 Proeram EIR_ Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"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
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
1
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11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the EIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things,.the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
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13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of Development Agreement Fee, which
fee shall be aced to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one-half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one-half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance ofthe 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 performanceon the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
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offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales/Use Tax Origin, to read as follows:
"8.3 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales/use tax subpermit for the j obsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
:i and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filingthe tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations_ Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
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Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of$100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
tax to the City. Upon request of the City, Hoag will
provide City on a semi-annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six-month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share ofsales/use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset View Park Improvements, to read as follows:
"8.4 Hoag shall reimburse the City up to .$ 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
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16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shining, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) ofoperating three existing generators
and absorption chillers at l 000/c of design capacity.
This reduced capacity operation shaII be implemented
daily between November la and April 30'h, between
4 the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
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with a copy to: Gary McKitterick
Allen Matkins Leek Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614-7321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
"I L 17 indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
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19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Comrnission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008-10
May 13,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
21. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature pagefollows]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
CITY:
THE CITY OFNE RT B A—.H, a municipal
corporation of tate o ali rtiia
By:
Edw etch, r
V
4[UV ,YrL rrI .Irwryi
LaVotme Hark]ess, City Clerk
A-PPRIOVED AS TO FO
F-0 r Robin Clauson, City Attorney
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a Califomia onprofit public
benefit co ti
By: �t1�
Richard F. Afab , M.D.
President and CE
(All Signatures to be Notarized)
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CALIFORNIA ALL -(PURPOSE ACKNOWLEDGMENT
State of California(
County of+ 7 I�Gi
On �� �� before me, 1_-j�ti,`� ✓ f,+I✓Y 1 �i��'
Date ere Insert Neum an Ala a1 Ura Ofgear
personally appeared ' wt tit Names) a slgaertal
tERAM C SA WN
who proved to me on the basis of satisfactory evidence to
be the persons) whose names) is/am subscribed to the
comrnlsacn * 1633477
}� ,► Notary pultift - cam�_
within instrument and acknowledged to me that
he/ executed the same in hl� authorized
Mycom�m 2p1
capa, and that by his/her�twic signatures) on the
instrument the person(*, or the entity upon behalf of
which the person(Q) acted, executed the instrument.
MIK MW L 9RONIft1
Camrrifto� • tassnn
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
Holarq Rett - Colr O
F
true and correct.
LN mvemmm6rpYetJart25 201 4
-W,
WITNESS my hand and offici 1 seal.
Signatures
�•- PlaCe Noiery Seal Above9fgnat
of Public
OPTIONAL
Though the informaffon below Is not required by law, it may prove valuable to persons rely4 on the document
and could prevent fraudulent removal
and reattachment of this torr to another document.
Description of Attached Docament
Title or Type of Document
Document Date:
Number of Pages:
Signers) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name:
C Individual
G Corporate Officer—Titfe(s):
CI Partner — 0 Limited C General
Attorney in Fact
Top of thumb here
❑ Trustee
Guardian or Conservator
J Other:
Signer Is Representing:
Signer's Name:
Individual
C Corporate Officer — Title(s):
C; Partner — ❑ Limited 0 General
❑ Attorney in Fact
0 Trustee
❑ Guardian or Conservator
u Other:
Signer Is Representing:
02007Ndonal Notary A&wda0an-B350De Soto Am.,RaBU2402-Chatsworth•CA 013132402-wWw.NaU0nalrgWWy&org Item#5001 Reordr:CJTo1l-Fhe1-800-876 827
3-488
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 0 A p m aK
On MT 19r— 2ao s before me, S� cl,an o, 1- Ao_je�. mt,4-A ew VU.LJ; c ,
(flare insert name and title of the officer)
personally appeared R l c_ 4e -d A PA bl c
who proved to me on the basis of satisfactory evidence to be the personW whose nam(
am subscribed to
the within instalment and acknowledged to me thatQVaWd a@Y executed the same in /thtWV authorized
capacity(A*, and that by dQbw/thm signature" on the instrument the person(4* or the entity upon behalf of
which the person(4acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
camC 1M0
WITNESS my hand and official seal. karaigrPm X-talltoW 0
__D' 8�• i�aQD .,9V*cmret W1��tt2o.
Mmtt-'
� (ary seal)
SignatturcofNotary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
fir -He 4cl4f"
(Title or description of attached doewa t)
(Title or daacriptim of attaeJxd document continued)
Number of Pages 33 Document Dated
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
o
Individual (s)
Irk
Corporate Officer
�es;de. Atud CE6
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
El
Trustee(s)
❑
Other
2006 Version CAPA vl2.10.07 800-873-9865 www.NolmyCkasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any an(mowkdgment completed fir California must conarin verbiage exactly as
appears above in the nomry section or a separate ackaowkdgment form mast be
Property cvrnpkaed and atraclred to that doamteit The only acception it if a
docronear is to be recorded owside of California. In such lasanecec, any alternative
acknowledgment verbiage as may be printed on such a document so long as rhe
verbiage does ant require the notary to do something that is !Regal for a notary in
Cal46ru1a fie. certifying the authorized capacity of the signer). Please check the
doc+ar ent rcrefalfyfor proper notarial wording and attach this form ifregwred
• State and County information must be the State and County where the doctmweat
signer(s) personally appeared before the notary public for acknowledgment.
• Dec of notarization must be the date that the sigter(s) personally appeared which
must also be the same date fix acknowledgment is Completed_
• The notary public must print his or her name as it appears within his or her
coaradssion followed by a comma. and then your title (notary public).
• Priat the namc(s) of documcut signer(s) who personally appear at the time of
aotanzation.
• Indicate the correct singular or plural forms by crossing off incorrect forms (ie.
hKsbe/they= is /are) or circling the correct foes. Failum to correctly indicate this
iafmmation may lead to rejection of docmneat rocorwag.
• The notary seal impression most be clear and photographically reproducible.
Impression must not cover text or lem if seal haxnession smwrdgcs, re -sed If a
sufficient arca permits, otherwise complete a different admowledgrnrnt farm
• Siguture of the notary public must match the signature on file with the office of
the county clerk,
• Additional information is not required but could belp to eastmc this
acknowledgment is tot misused or attached to a differ mt document.
v Indicate title or type of attached document, number of pages and data
• Indicate the capacity claimed by the signer_ 1f the claimed capacity is a
corporate of ocr, indicate the title (i.c. CDD, CFO, Secretary).
• Securely attach this document to the signed document
3-489
EXHIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City ofNewport 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.
FWAL
E. 5116/08 1000134
U H&O_ #58720 v1 A-]
3-490
— ------ ----
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Lower C'lampto
PARCEL 2-
103
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mom a man Aw
At* 140 mom tanow
11 ;# womw a Como coww to Cm.
3-491
EXHIBIT C
AOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted May I3, 2008
Ordinance No. 2008-9
Effective June 12, 2008
?� ✓1 FINAL.
5116M 10001.34
H&Q #58720 v1 C-1
3-492
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
FINAL Hasig_PC_Od1808&D0C:
3-493
Haag Memorial Hospital Presbyterian Planned Communfty Devdlopmeet Criteria and District Regulations
TABLE OF CONTENTS
I. INTRODUCTION
U. GENERAL NOTES
M. DEFINITIONS
IV. DEVELOPMENT PLAN
V. DISTRICT REGULATIONS
VI. HOAG HOSPITAL SIGN PROGRAM
VII. HOAG HOSPITAL PARKING REGULATIONS
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
IX. SITE PLAN REVIEW.
MAL Hoag`PC 041808a.DOC
Pz gc
Number
1
2
3
5
10
21
23
24
27
3-494
0
Hoag Memorial Hos Presbyterian Planned Community Development Criteria and District Regulatfom
LIST OF EXHIBITS
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP
2. VEHICULAR ACCESS
3. DEVELOPMENT CRITERIA
4. PROPOSED SOUND WALL LOCATION PLAN
5. LOADING DOCK AREA LOCATION
d. LANDSCAPE MATRIX
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN
8. COAST HIGHWAY LANDSCAPE SCREEN
LIST OF TABLES
1, BUILDING AREA STATISTICAL ANALYSIS
2. PARKING REQUIREMENTS
EINAI._Hoag—PC_041808af)0C
Page
Number
7
8
14
19
20
32
33
34
9
23
3-495
Hoag Memmoriat Hospital Presbyterian Plagued Community Development Criteria and District Regulations
I. INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classed and
developed for hospital -related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
}
FINAL_ Hoag-PC_041808a.DO C
3-496
Hoag Memorial Hospital Presbyterian Planned ComnwallyDevelopmeat Criteria and District Regaladons
1Q. GENERAL NOTES
I. Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the .flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K-4
and K-5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
FINAL_Hoag__PC_041808a.DOC
3-497
s
Hoag Memorial Hospital Presbyterian Planned Comnurnity Development Criteria and DoVict Regulations
i
M. DEkTMTIONS
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.
Ememencv Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures Iess than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a r
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine j
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 al I elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
FINAL HoagPC_04I808a.DOC
3
3-498
Hoag Mentors! Hospital Presbyterian Planned Commmnity Development Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, .plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically -oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
FINAL -Hoag; PC_041AOUDOC
4
3-499
Hoag Memorial ArospMW Presbyterian Planned Cornet W& Development Criteria and District Regulations
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 to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital -related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet_ Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
!'oag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH#1991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
6 ~�
FINAL Hoag_PC 04I808a.DOC
3-500
Hoag dfemarial Hospital Presbyterian Planned Commamty Development Criteria and District Regulations
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fWly addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
' FINAL Hoag_PC_041808a.DOC
3-501
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100 0 100 200
Note: Buildings labeled forfdentiflcation purposes only SCALE: 1"=200`
PLANNED COMMUNITY SITE AND BOUNDARY MAP E011011 1
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 0320.07
REVISED 01.22.08
7
3-502
IEGEND
PRIMARY ACCESS (5,aXALIZED)
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SECiit+1DARY ACCESS. =s� �� srnuctu9E
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Note: 8ulldings labeled for identification purposes only SCALE :1° -200'
VEHICULAR ACCESS
HOAG MEMORIAL HOSPITAL PREsi3yrERIAN 03.20.0-1
REVISED 01.22.08
Hoag Memorial Hospital Presbyterian Planned Communfty Development Criteria and District Regulations
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAXIMUM ALLOWABLE. 1,343,238 SQUARE -FEET
'As of the date of adoption.
z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
`D FINAL—HoagPC 041808a.DOC 9
3-504
Maximum
Allowable
Net
Allowable
Site Area
BuMing Area
Existing
Remaining_
to
U
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. ft.
67,228 sq. ft.
990,349 sq. ft.2
x
w
a
U
862,815 sq. ft.
577,889 sq. ft.
188,149 sq. f1.
389,740 sq. fL
577,889 sq. ft.
O
3
1,618,164 sq. ft.
1,343,238 sq. &
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.
O
'As of the date of adoption.
z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
`D FINAL—HoagPC 041808a.DOC 9
3-504
Hoag Urnm ial Hospital Presbyterian Planned Coamutntty Development Criteria and District Regula&ons
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
hospitakrelated uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval ofthe Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
1. Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
j (g)
Day Hospital
k" (h)
Back and Neck Center
(i)
Biofeedback
(j)
Breast Imaging Center
(k)
Dialysis
(1)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
i
- FINAL_Hoa&PC 041608&D0C
IN
3-505
Hoag Memorial Hospital Presbyterian Planned Commundy Development Criteria and District Rep*doas
(2) Administration:
(a) Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(i)
Patient Relations
j (g)
Social Services
` (3) Support Services:
(a)
Employee Child Care
(b)
Health Education
(c)
Power/Mechanical/Auxiliary Support and Storage
(d)
Food Services
(e)
Cashier
(f)
Chapel/Chaplaincy Service
(g)
Conference Center
(h)
Dietitian
(i)
Gift Shop
(j)
Laboratory
(k)
Medical Library
(1)
Medical Records
(m)
Pharmacy
(n)
Parking Facilities4
(o)
Engineering/Maintenance
(p)
Shipping/Receiving
(q)
Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(5) Medical/Support Offices
" Parking structures or decks do not count toward square -footage
r)
"' FiNAL Hoag PC_OA1806a.DOC 1 l
3-506
lfoag Memorial Hospital Presbyterean Planned Community Developmmt Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
0) Pha: ". dcy
(k) Patient Beds
- (2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use PermiW
b. Accessory uses normally incidental to hospital development.
c. Temporary structures and uses, including modular buildings.
5 Does not count toward square -footage
-
FINAL _Moag_PC 041808e.DOC 12
3-507
�f
i
I
I
Hoag r6fenmrlal Hospital Presbyterian Planned Con munity Developn+ent Criteria and District Regulations
B_ Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
FINAL Hoa6_PC 04I808a.DOC 13
3-508
Rt l01TZONfS� PPER CAMPUS ZONESAOV %W Fn -mo
TOM tnnE- MAXIMUM s1xLBTNG HEIGHT
235' ATIM MEAN SFA LEVEL r" — ••
11i u.:r_wonmm . .•^„'—
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C�LL4 PARKING ZONE- MAXIMUM BUILDING HEIGW 80' ABOVE MEAN SEA
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SCAIE:la, 240`
DEVELOPMENT CRITERIA PLAN
REVISED 01.22.08
14
Hoag Memo► Hospital Presbyterian Planned Community Development Criteria and Disind Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
I. Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
_ If the Ist 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 i
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one -hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the Ist floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
(J FINAL_ Hoag_PC_041808a.DQC 15
A
3-510
Hoag Memorial Hospital Presbyleiran Planned Community Development Criteria and District Rega/adion'
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two -hundred fifty (250) linear feet in width. Additionally, 201/0 of
the linear frontage within one -hundred fifty (150) feet of West Coast .Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six -hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not he located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing: materials.
' KNAI Haag_PC o41808a.00C 16
3-511
Hoag Memories[ Hospital Presbyterian Planned Community Development Criteria and Distriet Regulations
G. Sins
All signs shall be as specified under the Hoag Hospital Sign Program, Part Vt.
H. Parking
All parking shall be as specified in Part VTI, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
J. Mechanical and Trash Areas
Prior to issuance of a building pennit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times_ Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
-r) FINAL_Hoag_PC 041808aAOC 17
3-512
Hoag jifem nal Hospital Presbyterian Planned Community Development Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
DockArea Location, for the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM-10 PM IOPM-7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL_Haag_PC 041808a.D0C
18
3-513
3-514
LEGEND
Existing Fence
Property 'Joe
�
Easement Line - .
oE:,4
•`,
— — — — 18.5' High Wali,
v
23' High Wall
`i r'
^.N
\
• —�- �— — 1T, High Wali
•' r ,.
................ 14' High Wail
Sod Walt is approximately 470 Umar Feet
% v:
Sound Walt heigirtmeasured from
IPA
adjacent Medway surface.
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SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN APru3,2W8
0 40 so
-
EXHIBIT 4
3-514
IEMD
PROPERW LINE AS IDENTIRED IN MITRON M.I., DISTRICT REGULATIONS
UPPER CAMPUS
'MOO ' .IIP
(IR H I -R., i,;=�
; .4 shy f Jlz
1 LP
LOWER CAMPUS NORTH
o too 200
I --j
Nota BuIldlop labeled forldet0callon purpom only
LOADING DOCK AREA
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
ce
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Distriet Regalatlons
VI. HOAG HOSMAL SIGN PROGRAM
A. Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on -building, may be illuminated or non -illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L.
5. .For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double-faced primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
rJNAL_Hoag_PQ_V41808a.D0C 21
3-516
Hoag Memorial Hospital .Presbyterian Planned Community Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (1 I) feet average height above finished grade.
5. Donor recognition signage shall he allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
i
1
F1NAL_Ho3g_PC 04l808aD0C 22
3-517
i
+I
j . oag Memorial Hospital Presbyterian .Planned Contnutnity Developowal Criteria and Disdict Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting pian shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
TABLE 2
PARKING REQUIREMENTS
Use Category
Parking Requirements
Outpatient Services 2.31 spaces/1,000 square feet (1)
Support 0.0 spaces/ 1,000 square feet (1)(2)
Administrative 5.3 spaces/1,000 square feet (1)
Residential Care 1.0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 2.35 spaces/1,000 square feet (I)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
-�: FINAL_Hoap,._PC_041808a.D0C 23
3-518
Hoag Afemonal Bospdal Presbyterian Planned Comm mo, Development Critena and District RegnWiens
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure —
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7_ .Emphasis shall be placed on the use of native, drought -tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over -watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit 46.
FDVAL F%ag_PC 04 i 808a.DOC
24
3-519
Floag Memorial Mospital Presbyterian Planned Commuarty Development Criteria and Disb3et Regulations
B. Maintenance
I. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
- plans.
C. Soeciai Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
_ RNAL_tloag_PC_04IBD8a.D0C 25
3-520
Koag Memorial Mosp W Presbyterian Planned Comowmiy Development Criteria and Drstriet Regulations
shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parting areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, bermhrg and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
F1NAL_Hoag PC_041808aDOC 26
3-521
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IX. SITE PLAN REVIEW
A. Pu ose
T14, Council finds that develops;,, at on the Lower Campus of Hoag hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub -section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
1. Any project that could have the potential to generate emissions that could have an 1
impact to visual resources. i
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality. v
3. Replacement of existing cooling towers, except fef easttak�
B. Findines
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section 1XA above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
FIN AL_Hoag_PC 041809a -DOC 27
3-522
Hoag Men+orud Hospital Presbyterian Planned Community Development Criteria and District Regulations
1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to state, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1, The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
NlFINAL_Hoag_P 041808aDOC: 28
3-523
Hoag Memorial Hospital Presbyterian Planned Community Developmwot Criteria and District Regulations
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
Potential impacts shall be mitigated to less than significant levels.
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, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve .
I the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shalt specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be. final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (2 1) days after the Director's action, an its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
1. Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission shall
approve the development. Conditions may be applied when the proposed development does not
comply with applicable standards and shall be such as to bring said development into conformity.
FINAL_Hoap11C_041809n.DOC 29
3-524
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dbtrlcl Regulafteav
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 Pian Review shall be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
J. Appeal to the Citv 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 tetter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council,
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
L. Expiration and Revocation of Site Plan Review Approvals
Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
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.
dFINAL HoaS_PC 041808a.DOC 30
3-525
Exhibit #6 . 31
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3-526
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HOAG LOWER CAMPUS IMPROVEMENT PLAN
Exhibit #7
32
3-527
PARTIAL ELEVATION - PCH LANDSCAPE SCREEN
Hoag MOMwKal Hasp
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EIWWt NO 33
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008-10 as duly and regularly introduced before and adopted by the ,
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
i
Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich j
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14tb day of May 2008.
(Seal)
(2E �&mL 62.
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ► ss.
CITY OF NEWPORT BEACH )
I, LAVONNE M. HARIMESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008-10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2008.
2008.
In witness whereof, I have hereunto subscribed my name this day of
City Clerk
City of Newport Beach, California
3-529
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88
of Miscellaneous Maps, Records of Orange County, California.
-Cl-
3-530
EXHIBIT D
LEGAL DEPICTION OF PROPERTY
-D1-
3-531
3-532
EXHIBIT F
MELINDA HOAG SMITH CENTER FOR HEALTHY LIVING AGENCY PARTNERS
F1
3-533
rA
Melinda Hoag Smith
Center for Healthy Living
3-534
The Melinda Hoag Smith Center for Healthy Living (MHSCHL) is a robust one -stop -shop of interconnected and supportive
services that promote health and well-being. The Center houses a wide variety of non-profit partner agencies and the
programs that address key issues affecting the health of our community, The Center provides culturally sensitive services
and resources that enable prevention, address the root causes of disease and improve health outcomes. Services are
offered in English and/or Spanish depending on the program.
There is no fee to become a member of the Center. The membership provides access to a majority of agencies
and services, at no cost, however there may be health insurance prerequisites.
For more information or to set an appointment, please call us at 949-764-6551 or stop by for an in person visit
Hours of Operation:
Monday -Friday 8 a.m. — 7 p.m. I Saturday 8 a.m. — 4 p.m.
Vision
Inspire and empower our community to take
control of their own health and wellbeing.
Provide culturally sensitive services and
resources that enable prevention, address the
root causes of disease and improve health
outcomes. Offer services that meet the needs
of the whole person: mind, body and spirit.
Mission
To work synergistically in a shared location
with our partner agencies and community
residents to bridge the gaps in services, build
capacity and maximize impact in our under -
resourced communities.
3-535
Partner agencies and programs offered include.
® D D
Academy of International Dance Ballet and hip-hop classes
Art and Creativity 4 Healing Art workshops designed to aid with stress reduction and to increase coping skills
Be the Change Yoga Yoga classes for all levels
Big Brothers Big Sisters of OC Youth mentoring for those 6 -16 years of age
Cancer Kinship Mentorship, education and support programming for cancer patients in any stage of diagnosis,
treatment or remission
Children's Bureau General needs assessment, case management and linkage to resources
Healthy Habits educational series
Children's Health Connection Provides connections to health services, health screenings and health education along
with safety equipment
CHOC PODER (Prevention of
Obesity and Diabetes through Health and wellness education including nutrition and physical fitness
Education and Resources)
CIELO — (Community for
Innovation, Entrepreneurship, Support and educational workshops related to business and entrepreneurial skills, resume
Leadership &Opportunities) writing, financial and computer literacy
Community Action Partnership Healthy Couples/Families workshops which focus on enhancing interpersonal skills
and problem solving skills
Social educational and support services for children and families. Services offered in
Costa Mesa Family Resource Center English/Spanish. Collaborative partners: Human Options, Children's Bureau, Girls Inc.,
Raise Foundation, Help Me Grow, and Strong Families Strong Children.
Council on Aging English as a Second Language (ESL) classes for adults; Balance and Mobility classes;
computer skills classes; HICAP — support & education regarding MediCare benefits
CPR, First Aid Certification CPR and First Aid Certification for adults —
Crime Survivors
I Support groups, self-defense classes and resources for victims of crimes
Drumming Circles
Stress reduction drumming circles for adults
Girls Inc.
Afterschool programming for boys & girls: homework support; spring and summer camps;
dance classes; Science Technology, Engineering, Arts and Math (STEAM) classes
Help Me Grow OC
Developmental screenings for young children; resources for enhancing child development
Hoag — ASPIRE (After School
Intensive Outpatient Program (IOP) for 13-17 year olds experienc ng mental health
Program: Intervention and
difficulties; program guides teens and their families through skills -based 'training.
Resiliency Education)
(Need private health insurance)
Hoag — Case Management
Case management and linkage to resources
Hoag — Health Coaching Health and wellness coaching
Hoag — Health Ministries Faith community nursing outreach, seasonal flu clinic and blood pressure clinics
Short term outpatient counseling services for individuals, couples and/or families
Hoag — Mental Health Center Support groups and educational classes
English, Spanish and Farsi speaking therapist (Sliding -scale fee)
Hoag — OC Vital Brain Complimentary memory screening for adults over age 45
Aging Program
Hoag — Pra/Community
Health Workerorker Support and resources for adults experiencing stress and mental health challenges
Human Options Domestic violence prevention and intervention services, counseling, parenting classes,
PEP (Personal Empowerment Program), support groups
MOMS OC Preparation for childbirth classes, Mommy & Me classes
NAMI — National Alliance for the Support groups and educational classes for family members and caregivers who have a loved
Mentally III one (child or adult) living with mental illness
Olive Crest Parenting classes
Orange County Department of Child Assistance for parents with obtaining, modifying and collecting child support
Support Services
Orange County Public
Health Nursing
Nursing case management, nursing assessment, health education
21
3-536
Partner agencies and programs offered include:
Pilates
I Pilates classes for adults
Project Youth, OC Bar Foundation
Youth diversion programs - "SHORTSTOP" and "Stop Short of Addiction";
"Madres
Health and wellness programing for women - Unidas"
Project Self Sufficiency
Support, mentoring and linkage to resources for single parents enrolled in college
Public Law Center
Civil legal services and individual counseling focusing on family law related matters for low
income adults and families
Linkage to resources, assistance with applications for government programs:
Raise Foundation
I MediCai, CalFresh (food stamps); CalWorks (Cash aid); Volunteer opportunities through:
Youth Advisory Council (YAC); Community Engagement Advisory Committee (CEAC)
Second Harvest
Food distribution for families in need (must be an adult to participate)
Full scope primary care including preventive health care, urgent medical care and chronic
SOS Children & Family Health Center
disease management (health insurance requirements and/or sliding scale available)
SOS Dr. Robert & Dorothy
Beauchamp Child and Family
General and specialty dental services for infants to adults
Dental Center
SPIN - Serving People in Need I
Housing assistance for families in need, GAPP -guided assistance to permanent placement
Strong Families Strong Children I
Team of peer navigators and clinical case managers help provide support, resources, and
HOAG
PaCTCC
counseling for active duty or veteran family members
Susan G. Komen OC I
Breast health and cancer prevention education, mammogram screenings, survivor
support groups
United Way
-
Tax preparation assistance for low income families
Youth Employment Services
Securing and maintaining employment assistance for 16-24 year olds
Zumba '
Zumba classes for adults and Zumbini classes for adult caregivers and young children
iMelinda Hoag Smith Center
for Healthy Living
307-I(acentia Avenue
Newport Beach, CA. 92663
On the corner of Placentia and Hospital Road
(across the street from Hoag Hospital).
Entrance to parking lot is off Placentia.
i
f,jelinda I -coag Srni th
Center for l-Aealthy Living
't t5lh Bt
307 Placentia Avenue
Newport Beach, CA 92563
949-764-6551
hoag.org/MHSCHL
22
3-537
1 43/
l [zJ
Hospital Rd
'1
HOAG
PaCTCC
, Q
IEWMBEACA�
�
}
i
i
l
.I
307 Placentia Avenue
Newport Beach, CA 92563
949-764-6551
hoag.org/MHSCHL
22
3-537
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2020-18 was duly introduced on the 28th day of July, 2020, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 25th day of August, 2020, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of August, 2020.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2020-18 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: August 1, 2020
Adopted Ordinance: August 29, 2020 Q�',,/�
In witness whereof, I have hereunto subscribed my name this Ol �t day of
2020.
4M46tN,
Leilani I. Brown, M
City Clerk
City of Newport Beach, California