HomeMy WebLinkAbout03 - Fifth Amendment to the Hoag Development Agreement (PA2020-065)Q �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
November 16, 2021
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Patrick Achis, Assistant Planner,
pachis@newportbeachca.gov
PHONE: 949-644-3237
TITLE: Ordinance No. 2021-23: Fifth Amendment to the Hoag Development
Agreement (PA2020-065)
ABSTRACT:
On October 26, 2021, the City Council introduced Ordinance No. 2021-23 for the fifth
amendment to Restated Development Agreement No. 5 (Agreement) between the City of
Newport Beach (City) and Hoag Memorial Hospital Presbyterian (Hoag). This fifth
amendment extends the term of the Agreement 10 additional years to September 15,
2040, in exchange for certain public community benefits.
RECOMMENDATION:
a) Determine that the Final EIR No. 142, which was certified by the City of Newport
Beach in 1992, fully addresses the potential environmental effects associated with the
Hoag Hospital Master Plan development program; and
b) Conduct second reading and adopt Ordinance No. 2021-23, 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. DA2021-001).
DISCUSSION:
On October 26, 2021, the City Council conducted a public hearing to introduce Ordinance
No. 2021-23 (Attachment A) amending the term of the Agreement with Hoag. At the public
hearing, Mayor Pro Tem Muldoon expressed concern that the $3,000,000 public benefit
fee for the 10 -year extension to the Agreement appeared excessive considering Hoag's
outstanding partnership with the City and the nature of the critical services they provide
to the community. Consequently, Mayor Pro Tem Muldoon motioned to introduce the
Ordinance with a reduced public benefit contribution of $1,500,000 from Hoag. The City
Council approved the motion.
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Ordinance No. 2021-23: Adoption of an Ordinance Amending a Development
Agreement for Hoag Memorial Hospital Presbyterian (PA2021-184)
November 16, 2021
Page 2
As a result, the fifth amendment extends the term of the Agreement 10 additional years
in exchange for a payment of $1,500,000 from Hoag to the City. Funds collected would
help provide services for those experiencing homelessness in Newport Beach. Existing
development regulations and required mitigation measures as provided in the Agreement
and subsequent amendments remained unchanged by the subject fifth amendment.
FISCAL IMPACT:
The fifth amendment to the Agreement includes a commitment by Hoag to pay the City a
total $4,500,000 ($3,000,000 under the third amendment and an additional $1,500,000
under the fifth amendment). Payments shall be $300,000 per year until September 2030
then $150,000 year until September 2040. To date, Hoag has paid the City $1,200,000.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code
§§21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal.
Reg. §§15000, et seq.), the City of Newport Beach prepared Final EIR No. 142, which
was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to
address the potential environmental effects associated with the Hoag Hospital Master
Plan development program. EIR No. 142 is a program EIR that ensures appropriate
mitigation of impacts of the buildout of Hoag Hospital over time.
A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was
prepared in accordance with the provisions of the CEQA Public Resources Code
§§21000, et seq., and the State CEQA Guidelines, California Code of Regulations
§§15000, et seq. The purpose of the Supplemental EIR to the original program EIR was
to analyze the potential impacts of the proposed changes to the Hoag Hospital Master
Plan development program. The City Council considered and certified the Supplemental
Final Environmental Impact Report on April 16, 2008, by adopting certain CEQA Findings
of Facts and a Statement of Overriding Considerations contained within City Council
Resolution No. 2008-27.
All significant environmental concerns for the proposed project have been addressed in
the previously certified Final Environmental Impact Report No. 142 (certified 1992) and
its Supplemental Final Environmental Impact Report (certified 2008). The proposed
Amendment to the Amended and Restated Development Agreement only extends the
term of the Agreement and does not amend any development standards, development
requirements, or required mitigation measures identified in Final EIR No. 142 and the
Supplemental Final EIR (SCH No. 19910071003).
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A - Ordinance No. 2021-23
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ATTACHMENT A
ORDINANCE NO. 2021-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND HOAG MEMORIAL HOSPITAL
PRESBYTERIAN (DEVELOPMENT AGREEMENT
AMENDMENT NO. DA2021-001)
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");
WHEREAS, 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"):
WHEREAS, on May 13, 2008, the City Council adopted Ordinance No. 2008-10
approving an amendment to the Development Agreement ("Amendment') that went into
effect on June 12, 2008;
WHEREAS, the Amendment was executed and recorded, as document number
2008000289321, on June 17, 2008, and did not modify the Term of the Development
Agreement;
WHEREAS, on March 12, 2019, the City Council adopted Ordinance No. 2019-6
approving a second amendment to the Development Agreement ("Second
Amendment') that went into effect on April 11, 2019;
WHEREAS, the Second Amendment was executed and recorded, as document
number 2019000188999, on June 3, 2019, and extended the Term of the Development
Agreement for an additional six (6) months;
WHEREAS, on July 23, 2019, the City Council adopted Ordinance No. 2019-12
approving a third amendment to the Agreement ("Third Amendment') that went into
effect on August 22, 2019;
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Ordinance No. 2021-23
Page 2 of 7
WHEREAS, the Third Amendment was executed and recorded, as document
number 2019000318392, on August 27, 2019 and extended the Term of the Agreement
for an additional ten (10) years in exchange for certain community public benefits
provided by Hoag;
WHEREAS, on August 25, 2020, the City Council adopted Ordinance No. 2020-
18 approving a fourth amendment to the Agreement ("Fourth Amendment") that went
into effect on September 24, 2020;
WHEREAS, the Fourth Amendment was executed and recorded, as document
number 2019000188999, on September 10, 2020 and extended the Term of the
Agreement for an additional one (1) year to September 15, 2030, in light of COVID-19-
related impacts that have constrained Hoag's ability to plan for the future development
of the hospital campus consistent with the amended Agreement,-
WHEREAS,
greement;
WHEREAS, the existing development regulations and required mitigation
measures as provided in the Agreement and subsequent amendments remained
unchanged by the Fourth Amendment;
WHEREAS, Hoag requests a fifth amendment to extend the Term of the
Agreement for an additional ten (10) years in exchange for certain community public
benefits ("Fifth Amendment");
WHEREAS, the Fifth Amendment would include a new "milestone" requirement
for Hoag to submit a progress report to the City by September 1, 2030, regarding the
project's construction and timeline;
WHEREAS, the existing development regulations and required mitigation
measures as provided in the Agreement and subsequent amendments would remain
unchanged by this Fifth Amendment;
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 15.45.040
(Contents) 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 subsequent amendments provide
the necessary considerations of Section 15.45.040 (Contents) and include certain public
benefits in exchange for vested rights to develop over the term of the agreement,
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Ordinance No. 2021-23
Page 3 of 7
WHEREAS, pursuant to NBMC Chapter 15.45 (Development Agreements), the
Planning Commission held a public hearing on September 9, 2021, in the City Council
Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time
the Planning Commission considered the Fifth Amendment. A notice of time, place, and
purpose of the hearing was given in accordance with the California Government Code
Section 54950 et seq. ("Ralph M. Brown Act"), California Government Code Section
65867 and Section 15.45 (Development Agreements) of the NBMC. Evidence, both
written and oral, was presented to and considered by the Planning Commission at the
hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. 2021-26 recommending approval of Development Agreement No. 2021-
001 (PA2021-184) extending the development agreement an additional ten (10) years in
exchange for certain community public benefits;
WHEREAS, the City Council held a public hearing on October 26, 2021, in the
City Hall Council Chambers, 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, Government Code Section 65867 and Chapter 15.45
(Development Agreements) of the NBMC. Evidence, both written and oral, was
presented to and considered by the City Council at the hearing;
WHEREAS, the City Council finds the Fifth Amendment is entered into pursuant
to, and constitutes a present exercise of, the City's police power;
WHEREAS, the City Council finds the Fifth Amendment is in the best interests of
the health, safety, and general welfare of the City, its residents, and the public;
WHEREAS, the City Council finds the Fifth Amendment is consistent with the
General Plan Policy LU 6.1 Strategy 6.1.5 by supporting Hoag in its mission to provide
adequate facilities to meet the needs of area residents and by working with Hoag to
ensure that future development plans consider its relationship to and assure
compatibility with adjoining residential neighborhoods and mitigate impacts on local and
regional transportation systems;
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Ordinance No. 2021-23
Page 4 of 7
WHEREAS, the City Council finds the Fifth Amendment is consistent with NBMC
Section 15.45.040 (Contents) as it, and its prior amendments, include all the necessary
components including the term, permitted uses, density and intensity of development,
maximum height and size of proposed buildings, and provisions for reservation or
dedication of land for public purposes;
WHEREAS, the City Council finds the Fifth Amendment is consistent with
provisions of state law (California Government Code Sections 65864-65869.5) and local
law (Municipal Code chapter 15.45 (Development Agreements)) that authorize binding
agreements that: (i) encourage investment in, and commitment to, comprehensive
planning and public facilities financing, (ii) strengthen the public planning process and
encourage private implementation of the local general plan; (iii) provide certainty in the
approval of projects in order to avoid waste of time and resources; and (iv) reduce the
economic costs of development by providing assurance to the property owners that they
may proceed with projects consistent with existing policies, rules, and regulations; and
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council 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.
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Ordinance No. 2021-23
Page 5 of 7
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 Fifth Amendment does not change the Project but rather only extends the
Term of the Development Agreement and provides additional public benefit. The Fifth
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 recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: The Amendment to the Amended and Restated Development
Agreement No. 5 between Hoag Memorial Hospital Presbyterian and the City of
Newport Beach (Development Agreement Amendment No. 2021-001) attached as
Exhibit "A" is approved.
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Ordinance No. 2021-23
Page 6 of 7
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 Amendment to the
Amended and Restated Development Agreement No. 5 (Development Agreement
Amendment No. 2021-001) and/or the City's related California Environmental Quality
Act determinations related to this project. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such
proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
Ordinance No. 2021-23
Page 7 of 7
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.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 26th day of October, 2021, and adopted on the 16th day
of November, 2021, by the following vote, to -wit:
AYES.-
NAYS:
YES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
r——
AA ON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit "A" — Fifth Amendment to Restated Development
Agreement No. 5
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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: Citv 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.
FIFTH 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 November 16, 2021
Ordinance No. 2021-23
3-10
FIFTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-65869.5)
This FIFTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
("Fifth 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 Fifth 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 entered into that Fourth Amendment to restated Development
Agreement No. 5 and recorded in the Official Records of Orange County on September 10, 2020,
as document number 2020000482740 ("Fourth Amendment") attached hereto as Exhibit G which
extended the Term of the Agreement for an additional one (1) year.
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G. City and Hoag now wish to enter into that Fifth Amendment extending the term
for an additional ten (10) years.
H. On September 9, 2021, the Planning Commission held a noticed public hearing on
this Fifth 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. PC2021-026,
recommending the City Council approve this Fifth Amendment.
I. On October 26, 2021, the City Council held a noticed public hearing on this Fifth
Amendment and considered the testimony and information submitted by City staff, Hoag, and
members of the public. On November 16, 2021, consistent with applicable provisions of the
Development Agreement Statute and Ordinance, the City Council held second reading and adopted
Ordinance No. 2021-23 approving this Fifth Amendment.
J. This Fifth 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"); and the
Agreement, Amendment, Second Amendment, Third Amendment, and Fourth Amendment
(collectively the "Amended Agreement").
K. In recognition of the significant public benefits provided, the City Council has
found that this Fifth Amendment: (i) is consistent with the City of Newport Beach General Plan
as of the date of the Agreement, Amendment, Second Amendment, Third Amendment, Fourth
Amendment, and this Fifth 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 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 ("Term") shall begin on the
Effective Date and continue until September 15, 2040, unless otherwise terminated
or modified pursuant to its terms."
2
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2. Public Benefits. Section 8.7 of the Amended Agreement is hereby amended in its
entirety to read as follows:
"Public Benefit Pursuant to Fifth Amendment. City and Hoag acknowledge and
agree that this Fifth Amendment and the 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 to pay a total of Four
Million Five Hundred Thousand Dollars ($4,500,000.00) in annual installments to
the City as set forth herein to provide services to person(s) experiencing
homelessness at the City's discretion. As of the Effective Date of this Fifth
Amendment, Hoag has paid Six Hundred Thousand Dollars ($600,000.00) of the
Four Million Five Hundred Thousand Dollars ($4,500,000.00). Hoag shall make
eight (8) equal annual installments in the amount of Three Hundred Thousand
Dollars ($300,000.00) to the City. Thereafter, Hoag shall make ten (10) equal
annual installments in the amount of One Hundred Fifty Thousand Dollars
($150,000.00) to the City until the Four Million Five Hundred Thousand Dollars
($4,500,000.00) owed to the City is paid in full. The first annual installment is due
and payable by Hoag to the City within thirty (30) days of the Effective Date of this
Fifth Amendment. Thereafter, all subsequent installments are due and payable by
Hoag to the City on the Anniversary of the Effective Date of this Fifth
Amendment."
3. Time for Construction and Completion of Project. Section 4.4 of the Amended
Agreement is hereby amended in its entirety to read as follows:
"Time for Construction and Completion of Project. On or before September 1,
2030, Hoag agrees to submit a progress report on final completion of the Project
for review and approval by the City Council. The progress report shall include, but
not be limited to, schedule and phasing for submittal of all plans and completion of
construction of the Project along with all proposed uses on the Property. In the
event the City Council finds the progress report does not adequately demonstrate
the Project will be completed by September 1, 2040, the City may exercise its rights
under Section 9 (Default, Remedies and Termination)."
4. Full Force and Effect. Except as modified by this Fifth Amendment, the
Agreement, Amendment, Second Amendment, Third Amendment, and Fourth Amendment,
attached hereto as Exhibit C, Exhibit D. Exhibit E, Exhibit F, and Exhibit G, respectively, are
incorporated into this Fifth Amendment and shall remain in full force and effect.
5. Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
6. Counterparts. This Fifth Amendment may be signed by the Parties in different
counterparts and the signature pages combined shall create a single document binding on all
Parties.
3
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7. Recordation. The City Clerk of City shall record this Fifth 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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3-14
SIGNATURE PAGE TO
FIFTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
ATTEST:
Leilani 1. Brown, City Clerk
APPROV D AS TO FORM:
By: �"�� C. ow'�
Aaron C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Brad Avery, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:_
Name
Title:
: Sanford Smith, AIA
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:
Third Amendment to the Restated Development Agreement No. 5
Exhibit G:
Fourth Amendment to the Restated Development Agreement No. 5
Z'
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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)
3-16
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)
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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 I of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of
Miscellaneous Maps, Records of Orange County, California.
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EXHIBIT B
LEGAL DEPICTION OF THE PROPERTY
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EXHIBIT C
DEVELOPMENT AGREEMENT DATED FEBRUARY 14.1994
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GovewwaffWKSI03
Recording Requested By and
When Recorded Return to:
City Clerk 7. -)A,.City of Neo rt Beach
3300 Newport Boulevard
P.O. Box 1766
Newport Beach, CA 92659-1768
0—
•
ASK
DOC # 94-4247276
23—MAR-1494 03=59 pM
Recorded in Official Records
of Orange County, California
Cee A. Branch, County Recorder
Pase 1 of 61 Fees: f 0.04
Tax: f 0.001
DEVELOPMENT AGREFACM \
BETWEEN
THE CITY OP NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
Approved February 14. 1994
Ordinance No. 94-8
RECE VED
APR 6 1994
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THIS DEVELOPMENT AaRESMENT (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 Ca3,ifornia, 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 Pronerty. 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.
DEFZNITIONB.
2.1 The "Adopting Ordinance" refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "Agreement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian".
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2.3
"Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4
The "Approval pate" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5
All forms of use of the verb "assign" and the nouns
"assignment" and "assignee" shall include all contexts of
hypothecations, sales, conveyances, transfers, leases, and
•
assignments.
2.55
"California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6
"CEOA" and the "CEOA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7
"City" refers to the City of Newport Beach, California.
2.8
"City Council"_ refers to the City Council of the City.
2.9
"Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10
A "day" or "days" refers to a calendar day, unless expressly
stated to be a business day.
2.11
A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "city
Default" refers to a Default by the City, while a "Hoag
Default" refers to a default by Hoag.
2.12
The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California coastal commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13
The "EIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14
An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
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2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
Exhibit A: Legal Description of the Property
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17 "Existing General Regulations" means those General Regulations
approved by the -city on or before the Approval Date
(irrespective of their effective date) and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18 "Future General Regulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval
Date.
2.19 "General Recrulations" 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 " oa " refers to Hoag Memorial Hospital Presbyterian, a non-
profit corporation.
2.22 "Includes" and all contexts and forms of the words "includes"
and "including" shall be interpreted to also state "but not
limited to."
2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "C").
2.24 "Mo=am" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
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CONDITIONS TO DR"LOPNMU.
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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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 "Proiect" refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.24
"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 " onerty" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DR"LOPNMU.
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
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 FIR. Hoag acknowledges that the EIR is a "Program
GIR." 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.
AMk
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. RXGHT TO DHVSLO
4.1 Right to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project Specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
. 4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construction and Completion of Project. Subject to
the provisions of this Agreement and the 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. ANWAL "".,9W.
5.1 City and Hoag_ Resnonsibilities. 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 publ c Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Beach Municipal Code.
5.3 Information to be Provided to Hoag. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
. 5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the 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 of€ -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 Tetter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
• stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Estoppel Certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel Certificate may be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
• the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
6. GEMRAL PROVISIONR.
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.
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6.4 Assignment. Hoag has the absolute
2.5) its rights and/or delegate
Agreement as part of an assignment
Property. Any assignment shall be
this Agreement. As long as Hoag o
Hoag may assign the benefits
delegating the obligations for
assigned. if that occurs, however,
remain subject to the performance
obligations.
right to assign (see Section
its obligations under this
of all or a portion of the
subject to the provisions of
ms any part of the Property,
of this Agreement without
the portion of the Property
the benefits assigned shall
Dy Hoag of the corresponding
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
11
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. COHFLXCTS OF LAW.
7.1 Conflict with State and Federal Laws and Rectulations. Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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AM
extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations which required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f) Hoag consents in writing to the modification.
(g) Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
Section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25%) of the maximum permitted development.
PUBLIC BENEFITS/EXACTIONS.
8.1 Public Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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3-3.5
Plan and this Agreement confer benefits on the public and
nearby residents by imposing long term restrictions on the
height, amount and location of development as well as the
public improvements described in Section 8.2.
8.2 Exactions. Hoag shall, as a condition to the right to develop,
do the following:
(a) Prior to commencement of development, irrevocably offer
• to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The City shall ensure that
adequate erosion control measures are implemented prior
to construction.
(b} Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Master Plan, or the EIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($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
9. DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
15
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(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.
9. DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
15
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a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
• 9.2 Option to Institute Legal Proceedings or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 Waiver. Failure or delay in giving Notice of Default shall not
waive a Party's right to give future Notice of the same or any
other Default.
9.5 Default by 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
16
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.
100.0 ENCUMBRANCES AND RELEASES ON PROPERTY.
10.1 Discretion to Encumber. Hoag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 Entitlemgnt 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 MISCELLANEOUR PROVZSIONR.
• 11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
17
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To the city: city clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: City Manager
To Hoag: Haag Memorial Hospital Presbyterian
ew
Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, MCHolm & Winton
29100 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. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
18
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Agreement shall become void. For purposes of this Section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of Sections 3, 4 and 8 are
deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
• all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 Waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
Commission or its successor agency.
11.6 Incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and Instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
is
actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assigns. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 Construction of Agreement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the State of California. This
Agreement is not intended to impermissibly contract away the
19
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3-4,1
legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
• performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the Official Records
of Orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Legal Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
•
correct, or remedy any Default, to enforce any provision of this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of orange, State of California, or in the
Federal District Court in the Central District of California.
11.16 Attorneys' Fees. In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
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Date: °Z"° -9y 1994 CITY OF NEWPORT BEACH
By �/�it �yuwy
ClarenceCZirner, Mayor
Date: March 9 , 1994 HOAG MEMORIAL OSPIT RESBYTERIAN
By:
Albert J. A
Chairman of a Board
rb%bcaOa4.fnl
1/21/94
is
21
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3-4j
Exhibit A
Wrem"PINliff 1J11 ►
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 Leine 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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•
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COA04UNiTY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
February 24, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26,1992
Exhibit C
3-4d,
3-46
•
•
TABLE OF CONTENTS
L
Introduction
IL
General Notes
III.
Definitions
IV.
Development Plan
V.
District Regulations
VL
Sign Program
VII.
Parking Program
VII1.
Landscape Regulations
ix
Site Plan Review
Page
Number
1
2
4
6
11
20
22
24
27
May 26, 5992 i
3-41.
3-471
EXEIIMS
Page
Number
. 1. Planned Community Development Plan 7
2. internal Circulation 9
3. Development Criteria 15
•
1. Statistical Analysis 10
2. Parking Requirements 23
M"26,IM
ii
I. INTRODUCTION
Background
• The Hoag Memorial Hospital Presbyterian Planned Community District in the City of
Newport Beach has been developed in accordance with the Newport Beach General
Plan. The purpose of this Planned Community District is to provide a method whereby
property may be classified and developed for hospital -related uses. The specifications
of this District are intended to provide land use and development standards supportive
of the proposed use while ensuring compliance with the intent of all applicable
regulatory codes.
The Planned Community District includes district regulations and a development plan
for both the upper and lower campuses of Hoag Hospital. In general, over the long
term, the upper campus will become oriented primarily towards emergency, acute and
critical care (predominantly inpatient) uses and the lower campus will be developed with
predominantly outpatient uses, residential care and support services.
Whenever the regulations contained in the Planned Community text conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in the
Planned Community text shall take precedence. The Municipal Code shall regulate this
development when such regulations are not provided within these district regulations.
All development within the Planned Community boundaries shall comply with all
provisions of the Uniform Building Code and other governing building codes.
Mn0
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II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
• Z Development of the subject property will be undertaken in accordance with the
flood protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council
Policies K-5 and K-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments.
S. .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 ligbang systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and utility vaults, excluding
communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
May 26, 1492
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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. S. Prior to issuance of any building
permits it sball 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
of grading.
�J
May 26, IM
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III. DEFINITIONS
Building Elevation:
1. a vertical distance of a building above or below a fixed reference level,
i.e., MSL (mean sea level).
• 2 a flat scale drawing of the front, rear, or side of a building.
Building Euve�lorle: the volume in which a building may be built as circumscribed by
setback lines and maximum allowable building heights.
Building Heigh the vertical distance measured from the finished grade to the
highest point of the structure. At all points, the height measuremeut 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.
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.)
I Natural - the elevation of the ground surface in its natural state
before man-made alterations.
3. Existing - the current elevation of ground surface.
inpatient Uses: hospital patient services which require overnight stay.
Landscape Area: the landscape area shall include on-site walla plazas, water, rooftop
May 26, 1992 4
i
3-46!
3-5d
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 Ievel of the ocean between high and low tides.
impatient Uses: hospital patient services which do not require overnight stay.
Residential On. 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 Landseaged Street: West Coast Highway is designated as a special landscaped
street, containing special landscape requirements.
Streets: reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
may A im 5
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3-531
IV. DEVELOPMENT PLAN
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.
Develgpment 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 biilte path (approximately
OS 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
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.
T'he 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 DiswcL Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan.
may X 1"2
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LFGEND
mAREA OF bEveLop TIENT
_ ,,r� )
PLANNED COMMUNITY DEVELOPMENT PLAN
EXHIBIT 1
HOAG MEMORIAL HOSPITAL PRESBYTERIAN,>� �g .w= :, �►�
3-99
--- ----- ---- - -�� --- -- - 3-55
C7
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 W 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.
stay A IM $
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•
LEGEND 0
® PRIMARY ACCESS ISIONAUZEO
ImSECONDARY ACCESS
® SERVICE ACCESS
PUSUC CIRCULATION
STAFF/ SERVICE CIRCULATION
wwt cow �
t' --n
VEHICULAR ACCESS
-,FNOAG MEMORIAL t
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I Pull developmeat of the upper and lower campuses is anticipated to occur over as apprordmate 20.ycar period and wi0 lilmly occur
in thm, scvca-pear phases.
2 Up to 50% of the eastiag upper campus may be redevdopcd by master plan buildout
3 Baum on development a0oned under the Geral Pran at a floor area ratio to gross site mea of .65 for the tower campus and LG
for the upper campus. Building Hulk krait for the lower campus is 090 for aL structures which includes above grade covered parking.
May A 1942
10
Table 1
STATISTICAL ANALYSIS'
0M
Sauare Feet
Lower Campus
E:dsting:
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 �fnpus
577,889
Upper Campus
Existing.
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
•
Subtotal:
140,000
Phases II & III:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,2383
I Pull developmeat of the upper and lower campuses is anticipated to occur over as apprordmate 20.ycar period and wi0 lilmly occur
in thm, scvca-pear phases.
2 Up to 50% of the eastiag upper campus may be redevdopcd by master plan buildout
3 Baum on development a0oned under the Geral Pran at a floor area ratio to gross site mea of .65 for the tower campus and LG
for the upper campus. Building Hulk krait for the lower campus is 090 for aL structures which includes above grade covered parking.
May A 1942
10
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories 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
•
Stalled Nursing
•
Rehabilitation
•
Conditioning
•
Surgery Center
•
Clinical Center
•
Day Hospital
•
Back and Neck Center
•
Biofeedback
•
Breast Imaging Center
•
•
Cr 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, im
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• Radiation Therapy
• Radiology
• Respiratory Therapy
• Sleep Disorder Center
• Speech Therapy
• Ultrasound
ii. Administration:
• • Admitting
•
Auxiliary Office
• Business Offices
• Information
• Registration
• Patient Relations
• Social Services
May X Im
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iii. Support Services: 1
• Employee Child Care
• Health Education
• Power/Mechanical/Auxiliary Support and Storage
• Food Services
• Cashier
• Chapel/Chaplainry Service
• Conference Center
• Dietitian
I
• Gift Shop `
• Laboratory
• Medical Library
• Medical Records
• Pharmacyarma
•
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
IN
V. Medical/Support offices
b) Methane gas flare burner, collection wells and associated system
components.
c) Accessory uses normally incidental to hospital development.
d) Temporary structures and uses, including modular buildings.
• 2. Upper Campus
a) Hospital facilities, including, but not limited to:
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)
iv)
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.
May 24 2992
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B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maximum Building Heigbt
• 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 budding 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 Parldng zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (575 feet above
mean sea level).
D. Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominiums, as defined below:
May 26, 1992
a) Upper campus western boundary setback shall be the prolongation
of the westerly edge of the existing cafeteria/laboratory building to
the points of intersection with the easterly curb line of the existing
service drive, then continuing along said line of the existing service
drive.
b) Lower campus northern boundary, all of which will have a 20'
minimum building setback.
14
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...... . ....
DEVELOPMENT CRITERIA
HOAGIMEMORIAL HOSPITAL PRESBYTERIAN--.. mqlm. 19M WA
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Mnr 24 1942
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 37 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
existing bicycle/pedestrian trail, exclusive of that area adjacent to the
consolidated portion of the view parr shall be maintained as view
corridors between buildings.
These requirements may be altered for individual buildings, if requested
by the hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the boundary with CalTrans east
0 property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point 6W 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. Lighh' g
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. Sins
All signs shall be as specified under the Hoag Hospital Sign Program, Part VL
H. Parking
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
May A Im
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L Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIII.
I Mechanical and Trash Enclo urea
is
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 CSrculation�
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 (ie. 7:00 a.m. to 8:00 p.m.), signage to restrict use of the road by
Hospital employees, physicians, patients and visitors during non -working
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (Le. scheduled and routine deliveries) on the
weekends.
This restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
issuance of the grading permit. If such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
• that requests for specified vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. If operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
2. The lower campus service road shall include provisions for controlled
access to limit usage to physicians and staff, and service vehicles.
May u,1992
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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.
•
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 zs, IW2 19
3-6
•
•
VI. HOAG HOSPITAL SIGN PROGRAM
A. Pu=se and intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on -building, may be illuminated or non -illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional
and safe with regard to appearance, structural integrity and electrical
service.
4. 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 Allow
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 X 1992
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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 Or average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Maximum sign area shall not
• exceed thirty-five (35) square feet. This sign may occur as a wall sign to
be located upon a project boundary perimeter wall, subject to the same
number and area maximums described above.
0
3. Vehicular and pedestrian directional signs shall be allowed. This sign type
may occur as a single -faced or double-faced sign. This sign type shall
occur with the sign suspended between two upright supports having the
same depth (thidmess) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation. The elevation facing west (Villa Balboa
property line) may not be illuminated
5. On the lower campus, one (1) building -mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa/Seafaire property. Such signs will be no higher than the roof
line of the building upon which they are mounted.
May 26, 1992
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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.
•
3. Parking lot lighting shall be developed in accordance with City standards
and shall be designed in a manner which minimi=s impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential area. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met. The lighting
plan shall be subject to review and approval of the City Planning
Department.
B. Requirements for Offstreet Parking
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement.
May 26,1992
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•
May 26, 1992
Table 2
PARKING REQUIREMENTS
iisce C?tegocv
Earking Requirements
Outpatient Services
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
125 spaces/1,000 square feet"
' Parldug requirements are based on a study performed by DKS Associates in May,
1987.
Parldng requirement
is based on current Hoag Hospital parldng demand.
•
May 26, 1992
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 include a concept for the roofs and the parking
structures. Trees shall not be used, but a planter box or trellis system
shall be designed to provide visual relief of parking structures. All
landscaping shall conform to the building height limits established in this
text.
2. Parking lot trees shall be no less than fifteen (15) gallon size.
3. Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4. Every effort should be made to avoid using plants with invasive and
shallow root systems.
5. Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided.
6. Trees in parking lots should be limited in variety. Selection should be
• repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7. Heavy emphasis shall be placed on the use of drought -resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
B. Maintenance
1. All planting areas are to be kept free of weeds and debris.
2. Lawn and ground covers are to be kept trimmed and/or mowed regularly.
May 26, im 24
AdUk
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
sterns.
6. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. 54eeial Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A 15' building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed in the
setback area. Parking areas shall be screened from view of West Coast Highway with
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 Landscape Zone
The area between the Villa Balboa/Hoag property line and the loading dock service
access road shall be landscaped except for any driveway, walkway, or other hardscape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
Iw 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 24 IM 25
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0
A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments Rooftop landscaping shall
conform to height restrictions.
may 2. IM 26
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IX. SFFE 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 articulation requirements as set forth in Section VDZ to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital.
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review
procedures contained in this section promotes the health, safety, and general welfare of
the community by ensuring that the development of Hoag Hospital proceeds in a manner
which will not result in inadequate and poorly planned landscape areas, excessive
building bulk on arterial roadways, inappropriate placement of structures and
impairment of the benefits of occupancy and use of existing properties in the area.
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or
building permit for any new structure or the addition to an existing structure which does
not conform to the provisions of Section V.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 Iocation 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, 1942 27
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2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear
upon completion.
6. Any other plans, diagrams, drawings or additional information necessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
>a �
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.-Slandards
rn 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 A 1992
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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 - Required Notice
A public hearing shall be held on all Site Pian Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing.
Ii 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 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 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 bas 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 zs, IM 29
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L Appealta the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council
by the applicant or any other person, at any time within twenty-one (21) days after the
date of the Commission decision. An appeal to the City Council shall be taken by filing
a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth
the grounds upon which the appeal is based and shall be accompanied by a fee as
established by Resolution of the City Council.
J. Action by the City Council
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the Commission. The decision of the (Sty
Council is final.
K Fxniraiion-an-d Revocation of Site Plan Revi
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of
such Site Plan Review are violated or if any law or ordinance is violated
in connection therewith.
• 3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten days
prior to the hearing, and shall submit its recommendations to the City
Council The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
t1-\PWMiR9NPC[EX7NKOAGH0SP
Mer 26, IM
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MEM—im
{ , EXHIBIT D
ESTOPPEL. COMEiCATE -
lM� Requethld:
Date of Certlilcate:
On . the CRy of Newport Beach approved the `Devek
Agreerrront Between the C-ly at Newport Mudi and HM Mermiel H
Prea4tartart' Me'DeveiaptneM Agreement')_4.
This Hypo Ceffae cetti<tes that. ee ct tit• Mob of Certffa o aet forth ebo
CHEM WHERE APPHICABLE
1. The Dmalapm rd Agreement remalna bkmft and aifective;
2 The Daveloprttent Agroammd has not bm wttendedt
S. The Develttprnant Agreement hes been amended to the iblowi%
respects:
4. NeMw Hogg nor any of ita succomm are to
deteuft under the Dsvefapmwd Agreement:
S. The fa ming defaults exist under the Deve"nwrrt Agreement:
u
irk
TTrfi: Fit WW t:artlficate mw be rased upon by any trermWee or mcrtgagaa
interest In the p mperty which is aubjeat of the Dev 4Wment Agreement
CITY OF NEWPOf r S ACK
BY:
NAME
Tru.,
mm r mrd,
EXHIBIT D
My
3-74
3-80
EXHIBIT D
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
DATED JUNE 17, 2008
D1
3-81
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 FEE
2008000289321 12:35pm 06117/08
12033A1756
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
EXEMPT FROM FILING FEES CAL. GOVT CODE ' 6103
(Space above this line for Recorder's use)
GO ERNMEN! CO'D} 21333
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
i THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
FINAL
5/16108 10001.34
H&O. 458720 vt
3-74
i
i
I
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 S 6103 f
(Space above this Line for Recorder's use)
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 27383
i
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
t
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
t AND
THE CITY OF NEWPORT BEACH
(pursuant to California Government Code Sections 6S864 -6S869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
FINAL
51108 10001.14
H&O: 1158720 A
3-7y
3-'8
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
("Amendment"} is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date") by and between the City ofNewport Beach (hereinafter "City") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag'.
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
1.9 Hoag Property. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit "B"
(the "ProPerol•
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 Communi 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
burnoffto 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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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. I42 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, 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 Iandscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated Development Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental 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 (ifal1225,000 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
(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 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, January9, 1992, January23,
1992, February 6, 1992 and February 20, 1992. The City Council
f 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:
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"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
4
this Amendment and :authorizing the City , to enter into this
Amendment. the' adopting ordinance will become effective on June
12, 2008."
3. Section 2.1 ofthe Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting; Ordinance" refers to City. Ordinance
No. 94-8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
6'2.2 "Agreement" refers to the "Restated Development
Agreement Between the Cityof Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The ED? is amended to
read as follows:
"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 (f) to read as follows:
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"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
5
8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program ETR Hoag acknowledges that the EIR is a
"Program EW 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:
464.1 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 relitigation 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 identifynoise
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."
i 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 apart
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution 6f Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
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KI
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 pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ("Priority Public Improvements").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
FINAL
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5/16/08 10001.34
H8:0_ 058720 A 8
offset costs associated with other City and community projects or
services -that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales/Use Tax Origin, to read as follows:
gni.
5116/08 10001.34
H&O: #58720 A
"8.3 Sales/ Use Tax Ori: -in
(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 subpemut for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filing the tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
91
3
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
ofthe purchase and, ifreadily available, the name and
contact information for the vendor upon request by the
l City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share of sales/use tax payments
in future periods."
15. A new section:, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset Vier Park Improvements, to read as follows:
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"8.4 Hoag shall reimburse the City up to $150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
10
3-
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 i 000/a of design capacity.
This reduced capacity operation shall be implemented
daily between November 0 and April 30'x, between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
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"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8'� 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
II
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:
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5/16108 10001.34
H&:o: #58720 vt
"11.17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for aII of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
12
19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008-10
May 13,2008-
20.
3,2008"
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 page follows]
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H&O: #58720 A 13
3-96
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
Far Robin Clauson, City Attorney
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5/16/08 10001.34
x&o: #58720 N
CITY:
THE CITY OF NE RT B A46H, a municipal
corporation of tate o alt rtia
By:
Edw a ch, or
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California onprofit public
benefit co ti
By: �--
Richard F. Afab , M.D.
President and CE
(All Signatures to be Notarized)
14
3-97
1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of. 1 6 _
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Darer Here [nsed Namn nnd1rrfle of [he ONiaar
personally appeared E L P- c
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_--,Q. IEILAN 1.6ROWN
Commiss Oin ak 1633477
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My Comm, amirmJ� 25.2010
CorrsrTtlsslon 7R 1633477
notary t'ubw - Ca"Ornic
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Place Notary Se31 Apwe
who proved to me on the basis of satisfactory evidence to
be the person* whose name(e) is/ape subscribed to the
within instrument and acknowledged to me that
he/sheA§ey executed the same in hisirlw*## & authorized
capacity(ko, and that by hWhe44be4c signature(&) on the
instrument the person(s� 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 offiei I seal.
Signature��Jt
Signa[ re pl o aiy Pu�!ic
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j02007NrrJorkv Notary Asacta':an•9350 De Sap Aw.P..6.9cc2Q2•CrIaLrwnrin, CA 91313-2402•Nmv.Nafata'Natary,org Ilam 45867 RopsUar:Ca'ITc9-F:ca t -800-676x0827
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3-9�
3-98,
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INSTRUCTIONS FOR COMPLE'T'ING TKIS FORM
Arty acimowledgmenr completed in California must contain verbiage emedy as
appears above in the notary section or a separate aeAnowledgmentform must be
properly completed and attached to that document The only ercepkan is if a
document is to be recorded outside ofCatf;rnla. In such instances. any alternative
acknowledgment verbiage as may be printed on such a donanent so long as the
verbiage does not require the notary to do something that is illegal for a natary in
Cal4emia tie. certifying the autharired capacity of the signer). Please check the
damment carefully for proper notarial wonting and attach this form if required
• State and Couny information tams be the State and County whete the document
signer(s) personally appeared before the notary public for acknawlatgment.
• Data of notarization must be the date that the sigtter(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
corn aission followed by a comma and then your title (notary public).
• Print the names) of docvmem signar(s) who personally appear ai the time of
notarization.
• hulimte the comet singular or plural fomes by crossing off incorrect forms (im
lretshrJrlrey; is tare ) or circling the correct forms. Failure to correctly Wicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression mint not cover text or lines. If seal impression smudges, reseal if a
sufficient area peanits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature an file with the office of
the county clerk.
• Additional information is net required but could help to easuue this
acknowledgment is not misused or attached to a different docurnent.
• Indicate title or type of attached document, atmtber of pages and data
I. indicate the capacity claimed by the signer. if the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO. Seactary).
• Securely attach this document to the signed document
EXHIBIT A
r 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 ofMiscellaneous Maps, Records of Orange County,
California.
Parcel 2:
0 55/16)FINAL
116/08 10001.34
H&(k #5872o A
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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3-101
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EXHIBIT C
FINAL
5116(08 10001.34
H&0::.58720 A
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted May 13, 2008
Ordinance No. 2008-9
Effective June 12, 2008
C-1
3-1
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
'"i FINAL Hoed PC O41808&DQC:
3-9�
3-1(
1
i
,
i
Hoag Memorial Hospital Presbyterian Planned Community Devdopment Criteria and Distrlc[ Regulations
i
i
TABLE OF CONTENTS
i
Page
c
Number
I' I.
INTRODUCTION
1
II.
i
GENERAL NOTES
2
j M.
DEFINITIONS
3
IV.
DEVELOPMENT PLAN
S
V.
DISTRICT REGULATIONS
10
VI.
HOAG HOSPITAL SIGN PROGRAM
21
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
FINAL Hoag_PC_041808aDOC
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Hoag Memorial Hospital Presbyterian Planned Conununity Development Criteria and Distrid Regulation
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
S. LOADING DOCK AREA LOCATION 20
6. LANDSCAPE MATRIX 32
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 33
8. COAST HIGHWAY LANDSCAPE SCREEN 34
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
c), F1NA1._Ho3g_PC_04I808a.DOC
3-
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
I. INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital -related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
l
FINAL Hoag_PC_041808a.D0C
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
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 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, 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.
S. 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.
0 FINAL Hoa&-PC_041808a.D0C
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Hoag Memorial Hospital Presbyterian Planned Community 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.
Buildine Envelope The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
i
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.
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 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 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_04ISOSa.DOC 3
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Hoag Memories! Hospital Presbyterian Planned Community Development Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically -oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
FINAL_Hoa&_1'C_041808aDOC 4
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Hoag Memorial Hospital Presbyterian Planned CommunityDevelopment 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 3738 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
E '
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 I, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
Hoag has acknowledged that the Environmental. Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH41991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
FINAL_Haag PC_04J808a.DOC
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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
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100 0 100 200
Note: Buildings labeled foridenUNcation purposes only
PLANNED COMMUNITY SITE AND BOUNDARY MAP SCALE: P-200'
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.20.07
REVISED 01.22.08
7
3-106
3-112
LEGEND
t J PRIMARY ACCESS 16,GNALM13)
SECONDARY ACCESS
r. ,r. .. PRIMARYIIDADVIAYS
SECONDARY DRIVEWAYAND SERVICE
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WAS? cam w 01 vo
NORTH
100 0 100 200
Nate; Buildings labeled for identflcationpurposesonly I`
VEHICULAR ACCESS SCALE:!"=200'
HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.20.07
REVISED 01.22.08
0
I
3-907`
----- - --- --- ----- -- --- —
——_--- 7-113
Haag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE 1
WELDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS Bt 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
FINAL—Hoag PC 041808a.DOC 9
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14:
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existing'
Remaining
ca
U
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. ft.
67,228 sq. fi.
990,349 sq. ft.'
C4
0.
a.
U
W
862,815 sq. ft.
577,889 sq. ft.
188,149 sq. R
389,740 sq. ft.
577,889 sq. ft.
O
a
v7
1,618,164 ft.
1,343,238
sq.
sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.'
0
' As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL—Hoag PC 041808a.DOC 9
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14:
Hoag Menwrial Hospital Presbyterian Planned Community Development Criteria and District Regulations
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list. Other
hospital -related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(1)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Phannacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
0 FINAL_Hoa_PC 041808iLDQC }p
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'5
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
(2)
Administration:
(a) Admitting
(b) Auxiliary Office
(c) Business Offices
(d) Information Desk
(e) Registration
(f) Patient Relations
(g) Social Services
(3)
Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/Mechanical/Auxiliary Support and Storage
(d) Food Services
(e) Cashier
(f) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
U) Laboratory
(k) Medical Library
(1) Medical Records
(m) Pharmacy
(n) Parking Facilities°
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4)
Residential Care:
(a) Substance Abuse
(b) Mental Health Services
(c) Extended Care
(d) Hospice Care
(e) Self or Minimal Care
(f) Congregate Care
(5)
Medical/Support Offices
Parking structures or decks do not count toward square -footage
F1NAL_Hcar_PC_041808a.D0C I I
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Hoag Memorial Hospital Presbyterian Planned Cammunity Development Criteria and Dlsirlet Regulations
I
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
I
j d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
f(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) Pala: .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.
5 Does not count toward square -footage
FINAL -Hong -K-04 I SOMDOC 12
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
rINA i,_Hoa6 PC_04I908e.DOC 13
HBwznoN£s PPER CAMPUS ZONES
TOWER ZONE- MAXIMUM BUILDING HEIGHT
235' ABOVE MEAN SEA LEVEL
MIDRISE ZONE- MAXIMUM BUiLDTNG HEIGHT
140' ABOVE MEAN SFA LEVEL
PARKING ZONE' MAXIMUM BUILDING HEIGHT SO- ABOVE MEATI SEA
LEM. EXCLUSIVE OF ELEVATOR TOWER
LOWER CAMPUS ZONES
LOWER CAMPUS ZONE- SUB. AREASA,B, C,F, ANDG- NO SUILDINO SHALL
EXCEED THE HEIGHT OF THE EXISTING SLOPE OR THE
Q
RANGE OF MAXIMUM BUILDING HEMM INDICATED ititADH,6HE17RTlDBA9EAa SUB -AREAS 0AND E-A MAXIMUM BUILDINGHE*HT
�z
MCA RAMW OF VALUED 57.3 FEETABOVE MEAN SEA LEVEL
RW.. ABOVE PROPOSED BRADE5
Mazf TYPIOAE ma OF A unm
OA
Bm Ham mm SEA MEL rOSU lox diroNapa a u,w
IY7••wra rano LaW AU --d O2 /aas lull:Lo3�
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Note: Buildings labeled ioridentlflcation purposes only 10Q 0 loD 2OD " 01Y
NMp Farpagp C•aid
DEVELOPMENT CRITERIA PLAN —+- SCALE: 1"-200'
HOAG MEMORIAL HOSPITAL PRESBYTERIAN -MID -3
0
8,20.07
REVISED 01.22.08
14
3-113'
3-119
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DEVELOPMENT CRITERIA PLAN —+- SCALE: 1"-200'
HOAG MEMORIAL HOSPITAL PRESBYTERIAN -MID -3
0
8,20.07
REVISED 01.22.08
14
3-113'
3-119
tHoag Memorial Hospital Presbyterian Planned Community Development Criteria and Distnd Regulations
I
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the 'Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteriallaboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20°% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one -hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the Ist floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
CDFINAL Hoag_PC 041808aDOC 15
Hoag Memorial Hospital Presbyterian Planned Community Development CrUma 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.
UFIN AI._Hoag_PC 04I808a.DOC 16
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
G. Si s
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. Landscgpe
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
5:00 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
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Hoag Ayenwrwl Hospital Presbyterian Planned Community Development Criteria and Dislnct 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 l0PM-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.
0 F1NAL_Hoap.PC_041808a.D0C 18
3-11f
3-12
LEGEND
Existing Fence
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Easement Line
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ir High Wall
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NOTE Sound Wall Is approximately 470 Linear Feet.
x Satmd Wall height measured tram
adjacent roadway surface.
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SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN Apr113,2008
I I I
0 40 80
EXHIBIT 4
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3-119 3-125
Hoag Memorial Hospital PresbytMan Planned Community Development Criteria and District RegulaBons
Vl. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sian 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.
1
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
FJNAL Hoag_1 041808a.DOC 21
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Hoag Memorial Hospital Presbyterian Plmened 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 (S) 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 be allowed, one (1) at each building elevation.
Maximum sign area shalt not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
b. Hospital identification signs shall be allowed upon hospital towers, one (l) 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.
S. 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.
0 rINAL_Haag PC 041808a.DOC 22
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!,Wg Memorial Hospital Presbytenivi.Planned Community Development Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Reguirements 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 (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.
PINAL_Hoa&_PC 041808a.DOC
23
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3-1,
Haag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
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 47 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
FINAL Hoag PC 041808a.DOC 24
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Maintenance
I. All planting areas are to he 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 alt 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. Soecial Landscaned Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
f'I1`AL Hoag PC_041808aBOC 25
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
01� FINAL Hoa&_PC 041808 -DOC 26
Hoag Memorial Hospital Presbyterian Planned Communny Development Criteria and Dulriet Regulations
LX. SITE PLAN REVIEW
A. Purpose --
Ti,, Council funds that developii ,int 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:
Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
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.
- 1 3. Replacement of existing cooling towers, emeept-€er- easuak-�
B. Findings
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. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
FINAL -Hoag PC 041808a,DOC 27
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
1.
A plot pian, 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
: 1
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);
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
`t FINAL_Haa?_PC_04IRQUOUC 28
3-12
3-1.
Hoag A emorial 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.
S. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearin - Rgquired Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve .
the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (21) days after the Director's action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
I. Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission shall
approve the development. Conditions may be applied when the proposed development does not
comply with applicable standards and shall be such as to bring said development into conformity.
F1NAL_Hoa&_PC_041808a.DOC 29
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Haag Memorial Hospital Presbyterian Planned Communitv Development Criteria and District Regulations
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shalt be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
J. Appeal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shal I be accompanied by a fee as established by Resolution of the City Council.
K. Action by the City Council
An appeal shall he 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 be revoked if any of the conditions or terms of such Site Pian
Review are violated or if any law or ordinance is violated in connection there
with.
3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
FINAL Hoag_PC_041808a.DOC 30
3-129
3-135
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3-132
3-138
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008-10 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, R.osansky, Curry, Daigle, Gardner, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and armed the
official seal of said City this 14U, 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
I, LAVONNE M. HAR.KLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008-10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Plot, 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
3-13:
3-i
EXHIBIT D
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 I, 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 I, Page 88 of
Miscellaneous Maps, Records of Orange County. California.
S DIE
3-140
EXHIBIT E
DEPICTION OF PROPERTY
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3-141
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3-136
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32
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PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAFT)
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Page
EXHIBIT F
MELINDA HOAG SMITH CENTER FOR HEALTHY LIVING AGENCY PARTNERS
6/13f2019"�'^' ^ Q
-F] 6655- [ 0044211238697. I
3-146
Melinda Hoag Smith Center
for Healthy Living
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. j Saturday S 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.
amu■ _ -M
Partner agencies and programs offered include:
Academy of International Dance I Ballet and hip-hop classes
Art and Creativity 4 Healing ! Art workshops designed to aid with stress reduction and to increase coping skulls
Be the Change Yoga
Yoga classes for all levels
Big Brothers Big Sisters of OC I Youth mentoring for those 6 -16 years of age
Cancer Kinship
Children's Bureau
Children's Health Connection
CHOC PODER (Prevention of
Obesity and Diabetes through
Education and Resources)
Mentorship, education and support programming for cancer patients In any stage of diagnosis,
treatment or remission
General needs assessment, case management and linkage to resources
Healthy Habits educational series
Provides connections to health services, health screenings and health education along
with safety equipment
Health and wellness education including nutrition and physical fitness
CIELO - (Community for 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 far 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)
(Deed 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
Support and resources for adults experiencing stress and mental health challenges
Hoag - Promotora/Community
Health Worker
Human Options
Domestic violence prevention and intervention services, counseling, parenting classes,
PEP (Personal Empowerment Program), support groups
Preparation for childbirth classes, Mommy & Me classes
MOMS OC
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
Services
Assistance for parents with obtaining'modi modifying and collecting child support
Orange County Public
Health Nursing
Nursing case management, nursing assessment, health educatioi
3-149 1
Partner agencies and programs offered include:
Melinda Hoag Smith Center
for Healthy Living
307 Placentia 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.
hoaq
Melinda Hoag Smith
Center for Healthy Living
ti
P
CIO
9
z
Q
a
Hospital Rd
MCI
A�clf riosoeiu $
r" MrORT 8EM1C11
est yl�
307 Placentia Avenue
Newport Beach, CA 92663
949-764-6551
hoag.org/MHSCHL
3-150
SERVICES PROVIDED
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)
Pull 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, LAPP —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 Placentia 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.
hoaq
Melinda Hoag Smith
Center for Healthy Living
ti
P
CIO
9
z
Q
a
Hospital Rd
MCI
A�clf riosoeiu $
r" MrORT 8EM1C11
est yl�
307 Placentia Avenue
Newport Beach, CA 92663
949-764-6551
hoag.org/MHSCHL
3-150
EXHIBIT E
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
E1
3-151
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
Recorded in Official Records, Orange County
Hugh INguyen, Clerk -Recorder ppII III
NO FEE
* E R 0 0 1 0 8 7 5 2 9 5 E+
201900018899910:40 am 06103119
227 416 A17 130
0.00 0.00 0.00 0.00 387.00 0.00 0.000.000.00 0.00
(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 §§ 27383.
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO. S
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 March 12, 2019
Ordinance No. 2019-6
3-152
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 I 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
3-153
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 ffi,%4 - {Z 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019- 6, finding the Second Amendment to be consistent
with the City of Newport Beach General Plan and approving this Second Amendment.
AGREEMENT
NOW, THEREFORE, City and Hoag agree as follows:
1. Term of Agreement. Section 6.3 is hereby amended in its entirety to read as
follows:
"Term of Agreement. The term of this Agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2019, unless otherwise
ten-ninated 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.
I
3-154
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
3-155
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
CITY:
CITY OF NEWPORT BEACH,
a California m[lixon,
cipal corpo tion and charter city
t
By:
Diane B. Mayor
APPROVED AS TO FO
By: R r
Aaron C. Harp, City Attorney 4,-
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a �Qadifbrnniia no rofit pubo benefit corporation
Name: SR ordSmil'ff
Title: Senior Vice President Real Estate & Facilities
By=
Name: An 1#w Guarni
Title. Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
4
13-14
3-156
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:
IAs
Leilani I. Brown, City Clerk
APPROVED AS TO FOR
By:
Aaron C. Harp, City Attorney '"M 44%'ti4
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
Signed in Counterpart
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
Signed in Counterpart
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(111 Signatures to Be ,Notarized)
4
3-157
ACKNOWLEDGMIENT
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 S ZO/ 20 before me, > k , Notary Public,
personally appeared who proved to me on the basis
of satisfactory evidence to be the n(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
SS my hand and offici seal. DEBRA LEE HALL
Notary Public • California =
` 5 Orange County
Commission # 1275291
My Comm. Expires Feb 12. 2023
rgnature (seal)
ACKNOWLEDGLVfENT
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 Califo'a
County of } ss.
On yj 20before me, , Notary Public,
personally appeare
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.
WITNES� y and and official se DEsiv, LEE HALL
fl*, Notary Public • California
= Orange County
Commission # 2275291
My Comm. Expires Feb 12, 2023
Signature (seal)
3-158
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 PERJLTRY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On , 20 before me, Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
-6 13-16
3-1
EXHIBIT E
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
EI
3-160
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
RECORDING REQUESTED BY
IIIII��I�!II�III�I�����II�II�IIIIIiIIII�IIIi�Il��lll�lll NO FEE
S R o a 1 o a T s z 9 s a
AND WHEN RECORDED RETURN TO: 201900018899910:40 am 06103119
227 416 A17 130
City of Newport Beach 0.00 0.00 0.00 0.00 387.00 0.00 0.000.000.00 0.00
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Citv 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 §§ 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 6556445869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved March 12, 2019
Ordinance No. 2019-6
3-161
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 I7, 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
3-162
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 ffist4-1Z , 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019- 6, 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 I loag agree as follows:
1. Term of Agreement. Section 6.3 is hereby amended in its entirety to read as
follows:
"Term of Agreement. The term of this Agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2019, unless otherwise
terminated or modified pursuant to this Agreement. Any modifications to this
Agreement prior to effective certification of the City's Local Coastal Program
(-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.
3-163
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,
?008
Exhibit C: Legal Description
Exhibit D: Legal Depiction
3-164
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
ATTEST:
By: AM- -0 �1�
Leilani 1. Brown, City -Clerk
APPROVED AS TO FO
By:
Aaron C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corpo tion and charter city
By:
Diane B.ixon, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California no r )fit publ' benefit corporation
By,
Name: S mt ,
Title: Senior Vice President Real Estate & Facilities
By:
_ /"L�,
Name: An w Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
4
13-14
3-165
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:
Leilani I. Brown, City Clerk
APPROVED AS TO FO
By: r
Aaron C. Harp, City Attorney
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By: Signed in Counterpart
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
Signed in Counterpart
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(A11 Signatures to Be Notarized)
4
3-166
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. / / `I
On S 201 20 before me, l tic Notary Public,
Personally appeared who proved to me on the basis
of satisfactory evidence to be the n(s) whose name(s) is/are subset -bed 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.
SS my hand and offici seal. *#Ay
DEBRA LEE HALLNotary Public - CaliforniaOrange County
Commission ar 2275291
Comm. Expires Feb 12, 2023
18 ignature (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. �
20_, before me,� T(GL l/ , Notary Public,
personally appeare PI -11
proved to me on the basis of
satisfactory evidence to be the person(s) whose names) 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 siguatares(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.
WITNI ES� y and and official se DEBRA LEE HALL
{•��, Notary Public •California
i : z Orange County
Commission 92275291 -
My Comm. Expires Feb 12, 2023
Signature (seal)
-6- 13-16 I
3-167
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 120 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
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)
_6- 13-16
3-1
EXHIBIT F
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
F1
3-169
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
COMPOUED copy
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
J�llljj! IIIII1111lllllllllilll Jill lllllilll11111'lj111111111�i.11llll NO FEE
* 3 R o a 1 1 0 7 8 9 9 2$
2019000318392 9:39 am 08/27119
9 415 Al2 264
0.00 0.00 o.00 0.00 789.00 0.00 0.000.000.00 8.00
(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
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved July2.3, 2019
Ordinance No. 2019-12
3-170
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
3-171
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.
I. 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)
(SCH# 1991071003) ("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:
I . 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:
3-172
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
3-173
SIGNATURE PAGE TO
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
ATTST:
By: - J
L rani I. Irown, City Clerk
APPROVED AS TO FORM:
By:
-14
(�weAaro C Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal co ration and ch er city
L
By:
Diane B. Dixon, Ma r
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
Name:San o ,
Title: Senior i e President Real Estate & Facilities
By:
Name: And' w Guami
Title: Senior Vice President and Chief Financial
Officer
(fill Signatures to Be Notarizecl)
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
4
3-174
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 Cali ornia
County ot ss. J-6a� H j f
On t , 20 before me, � ,Notary Public,
personally a eared /1 , who proved to me on the basis
of satisfactory evidence to beMe 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,
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITN CS my hand and official seal. DEBRA LEE HALL
Notary Public - CAiifcrniaOrang_
ljw �� � Icommission
County
Cammi55ion 0 2275291
"' '� My Comm. Expires Feb 12, 2023
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 Cali m a
County f ,, /,,,,, ' p
On / 3 20 �� before me, ��tem >� , Notary Public,
personally peared , t/"4 i 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.
1 certi under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is t and correct.
y _ DEBRA LEE HALL
:F nl�_ Notary Public - California x
W l SS y hand a official seal. orange County
Commission M 2275191
My Comm. Expires Feb Q. 2023
Signature (seal)
3-175
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 120 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
(seal)
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
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)
3-176
EXHIBIT G
FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
F1
3-177
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Cleric
6,-) C)
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
�i�i� I!I� NO FEE
*$ R 0 0 1 2 0 2 1 7 3 1 S
2020000482740 4:29 pm 09110/20
320 RW1 A Al2 529
0.00 0.00 0.00 0.00 1584.00 0.00 0.000.000.00 0.00
(Space Above This Line Is for Recorder's Use Only) i .T
This Agreement is recorded at the request and for the r:
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
0-011
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
3-178
FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 6586465869.5)
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.
3-179
G. On July 9, 2020, due to COV ID -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 terns 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) (SCH#1991071003)
("EIR'l 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. seg. and Chapter 15.45 of the NBMC.
AGREEMENT
NOW, THEREFORE, the City and Hoag agree as follows:
1. Term of Aftreement. 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
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)
3-181
SIGNATURE PAGE TO
FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
ATTEST: -
ty:�! `:
,1
1 Prk
��il
Brown,Leilani 1.
APPROV D AS TO FORM:
By: NLS- C. a ---
Aaron C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Will O'Neill, Mayor
N�Wf'C
O�
��'cURN�P
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
B'
Name: Sanford Smi
Title: Senior V'ce President Real Estate & Facilities
By:
Name: An ew 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 June I7, 2008
Exhibit E: Second Amendment to Restated Development Agreement No. 5
Exhibit F: Third Amendment to the Restated Development Agreement No. 5
4
3-182
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 C rnia
County of
)SS'
On L20�Q before me, � , Notary Public,
personal appeared who proved to me on the basis
of satisfactory eviderson(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.
f certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
0!MyDEBRA LEE HALL
7ignaturch
SS my hand and offi I seal. Notary Pubiic - Cad arnia
Orange CountyCommission ;2275291
Comm. Expires Feb 12, 2023 J
(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 Ca
Coun of )SS'
On 20 2D_ before me, GY✓�- L �� flet !� ,Notary Public,
personall appeared I/ Y , 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.
WITN S5 my h nd and DEBRA LEE HALL
offi i 1 seal. _*My
Notary Pubic - caworniaorange County
commission # 2275291
Comm. Expires Feb 12, 2023I/V N
€ Signature (seal)
3-183