HomeMy WebLinkAboutExhibit 13 - Exhibit 13 - Planning Commission Resolution 1753Exhibit No. 13
Planning Commission Resolution No. 1753
recommending application approval
13.1
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13.2
RESOLUTION NO. 1753
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING
APPROVAL OF GENERAL PLAN AMENDMENT NO.
2007 -005, PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. 2007 -001 AND DEVELOPMENT
AGREEMENT AMENDMENT NO. 2007 -001 FOR THE
HOAG MEMORIAL HOSPITAL PRESBYTERIAN MASTER
PLAN UPDATE (PA 2007 -073)
WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of
Newport Beach for General Plan Amendment No. 2007 -005, Planned Community
Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007-
001 (PA 2007 -073) referred to as the Hoag Master Plan Update or the project. The
project modifies existing regulatory documents (General Plan, Hoag Memorial Hospital
Planned Community Development Criteria and District Regulations, Development
Agreement) that provide for the current and future use and development of the
approximately 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of
Newport Beach.
WHEREAS, A Supplemental Environmental Impact Report to the Hoag Hospital
Master Plan Final Environmental Impact Report No. 142. was prepared in accordance
with the provisions of the California Environmental Quality Act (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 is to analyze the
potential impacts of Hoag's request to amend the General Plan, Planned Community
Development Plan and Development Agreement. The Supplemental EIR finds that no
new significant traffic impacts will be created associated with the proposed Master Plan
Update Project. Consistent with the conclusions of Final EIR No. 142, the Project's
contribution and all project - speck cumulative impacts will be no more significant than
that previously identified.
WHEREAS, the Planning Commission held a public hearing on January 31,
2008, February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the
Planning Commission considered the proposed amendment of the General Plan, the
proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community
Development Criteria and District Regulations, a proposed amendment of the Hoag
Hospital Development Agreement and a Supplemental Environmental Impact Report to
the Hoag Hospital Master Plan Final Environmental Impact Report No. 142. A notice of
time, place, and purpose of the hearing was given in accordance with the Municipal
Code. Evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting.
13.3
Planning Commission Resolution No. 1753
Page 2 of 3
WHEREAS, Hoag Memorial Hospital Presbyterian has agreed to provide public
benefits as consideration for the Development Agreement, including the payment of
three million dollars for City public facility improvements and designation of the City as
the point of sale for major hospital equipment purchases.
WHEREAS, the Planning Commission finds that:
(1) General Plan Amendment No. 2007 -005 provides greater flexibility to Hoag
Hospital to meet the health care needs of the community by allowing additional
development on the Hoag Upper Campus (225,000 so with a corresponding
diminishment of development on the Hoag Lower Campus such that there is no
increase in intensity of use that would create increased traffic impacts to the
community.
(2) The application is consistent with the General Plan Policy LU 6. 1, which calls for,
"A diversity of governmental, institutional, educational, cultural, social, religious,
and medical facilities that are available for and enhance the quality of life for
residents and are located and designed to complement Newport Beach's
neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital
in its mission to provide adequate facilities to meet the needs of area residents.
Work with the Hospital 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." City of
Newport Beach, Cal., General Plan 2006 Update, at 3-63 and 3 -64 (July 25,
2006). General Plan Amendment No. 2007 -005 is compatible with General Plan
Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for
development to meet the community's health care needs while not impacting
local or.regional transportation networks as shown by the traffic impact analysis
prepared for the application and provides for increased noise mitigation between
Hoag and Villa Balboa.
(3) General Plan Amendment No. 2007 -005 generates no additional residential
density, non - residential intensity or peak hour traffic and therefore, a vote by the
electorate would not be required should the City Council approve the
amendment.
(4) Planned Community Development Plan Amendment No. 2007 -001 provides
suitable and adequate standards including those relating to uses, development
limits, building height limits, setbacks, parking, landscaping, screening, signs,
lighting, and noise control.
13.5
Planning Commission Resolution No. 1753
Page 3 of 3
(5) The Amended Planned Community Development Plan is consistent with the
General Plan and Municipal Code section 20.35.050(C), which mandates the
requirements of a Planned Community Development Plan.
(6) The Development Agreement is entered into pursuant to, and constitutes the
present exercise of the City's police power.
(7) The Development Agreement is in the best interests of the health, safety, and
general welfare of the City, its residents, and the public.
(8) The Development Agreement is consistent with the General Plan and the
Amended Planned Community Development Plan as of the date of this
Resolution.
(9) The Development Agreement ensures that implementation and utilization of the
building entitlements applicable to the Hoag Hospital Campus are consistent with
the General Plan's standards for land use, housing, circulation, open space,
noise, safety, and conservation, and with the General Plan's goals of improving
and providing transportation infrastructure, parks, public services, open space,
water resources, and environmental resources.
(10) The Development Agreement is consistent with provisions of state law (California
Government Code sections 65864- 65869.5) and local law (Municipal Code
chapter 15.45) that authorize binding agreements that: (i) encourage investment
in, and commitment to, comprehensive planning and public facilities financing; (ii)
strengthen the public planning process and encourage private implementation of
the local general plan; (iii) provide certainty in the approval of projects in order to
avoid waste of time and resources; and (iv) reduce the economic costs of
development by providing assurance to the property owners that they. may
proceed with projects consistent with existing policies, rules, and regulations.
More specifically, the Development Agreement is consistent and has been
approved consistent with provisions of California Government Code section
65867 and Municipal Code chapter 15.45.
NOW THEREFORE BE IT RESOLVED:
(1) The Planning Commission recommends approval of General Plan Amendment No.
2007 -005 in accordance with Exhibit "A ".
(2) The Planning Commission recommends approval of Planned Community
. Development Plan Amendment No. 2007 -001 in accordance with Exhibit "B ".
13.5
Planning Commission Resolution No. 1753
Page 4 of 3
(3) The Planning Commission recommends approval of Development Agreement No.
2007 -001 in accordance with Exhibit "C ".
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF March .1 2008.
AYES: Eaton, Peotter. Cole, Hawkins
McDaniel. Toerge and Hillgren
NOES: None
)3.(0
Exhibit "A"
The following changes to Table LU -2 of the Land Use Element of the General
Plan applies to the specified Anomaly Locations listed below only and the
remainder of Table LU -2 remains unchanged.
13.7
Exhibit "B"
Draft PC text amendment
13.9
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
REVISED MARCH 20, 2008
Recommended for Approval
by the Planning Commission
February 20,1992
Adopted by the City Council
City of Newport Beach
Amendment No. 744
Ordinance No. 92-3
May 26, 1992
Amendment No. 2002 -001
City Council Ordinance No. 2002 -17
August 27, 2002
Amendment No. _
City Council Ordinance No.
,2008
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13.7
TABLE OF CONTENTS
I. INTRODUCTION ....................... ...............................
II. GENERAL NOTES ..................... ...............................
III. DEFINITIONS ............................. ...............................
IV. DEVELOPMENT PLAN ............. ...............................
V. DISTRICT REGULATIONS ....... ...............................
VI. HOAG HOSPITAL SIGN PROGRAM ......................
VII. HOAG HOSPITAL PARKING REGULATIONS .....
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
IX. SITE PLAN REVIEW ................. ...............................
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Page
Number
.........I
.........................:....2
.............3
13. [0
•uc
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP .......... ..............................7
2. VEHICULAR ACCESS .......
...........................8
3. DEVELOPMENT CRITERIA ........................................................ .............................15
4. PROPOSED SOLND WALL LOCATION PLAN......... .... .............21
5. LOADING DOCK AREA LOCA -E ION ...................... .............................:22
TABLES
1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9
2. PARKING REQUIREMENTS
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. .............................26
13.11
I. RQnRODUCTION
Backaround
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of
this Planned Community District is to provide a method whereby property may be classified and
developed for hospital- related uses. The specifications of this District are intended to provide
land use and development standards supportive of the proposed use while ensuring compliance
with the intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both
the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper
Campus will become oriented primarily towards emergency, acute and critical care
(predominantly inpatient) uses and the Lower Campus will be developed with predominantly
outpatient uses, residential care and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations
of the Newport Beach Municipal Code, the regulations contained in the Planned Community text
shall take precedence. The Municipal Code shall regulate this development when such
regulations are not provided within these district regulations. All development within the
Planned Community boundaries shall comply with all provisions of the Uniform Building Code
and other governing building codes.
13.12-
II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
All development of the site is subject to the provisions of the City Council Policies K-4
and K -5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction
within the boundaries of this Planned Community District shall comply with all
provisions of the Uniform Building Code, other various codes related thereto and local
amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California
Office of Statewide Health Planning and Development as applicable. Design of
buildings shall take into account the location of building air intake to maximize
ventilation efficiency, the incorporation of natural ventilation, and implementation of
energy conserving heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
New eh al appuf4enaaees -build;s "
e fl as utili-. -.•;ta eExcluding
communications devices on the Upper Campus, new mechanical anpurtenances on
building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop
mechanical appurtenances or utility vaults shall be screened— designed utilizing
compatible architectural materials on the Lower Campus.
dB," at all _rape..,, lines. No new mechanical appurtenances may exceed the building
height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of
the City of Newport Beach Excavation and Grading Code and shall be subject to
permits issued by the Building and Planning Departments. .
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer
facilities will be available. Prior to the occupancy of any structure it shall be further
demonstrated that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall be-itfstalledcommence within thirty (30) days of
the completion of grading.
2
13.13
IM
Building Elevation:
1. A vertical distance of a building above or below a fixed reference level, i.e., MSL
(mean sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Envelope: The volume in which a building may be built as circumscribed by setback
lines and maximum allowable building heights.
Building Height The vertical distance measured from the finished grade to the highest point of
the structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical
services for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the
surrounding exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the
first level of a building in which they appear;
2. Area of a building which measures less than 109 feet from finished floor to ceiling
and is not for general or routine occupancy;
3. As applied to new construction permits issued on or after August 13, 2002, area.of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy;and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General -Plan: The General Plan of the City of Newport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow
for subterranean parking.)
2. Natural - the elevation of the ground surface in its natural. state before man -made
alterations.
3. Existing - the current elevation of ground surface.
3
13 .l y
Inpatient Uses: Hospital patient services which require evemight 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 o 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. ,
4
13.15
IV. DEVELOPMENT PLAN
Proiect Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres
and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing
residential developments to the west.
The Lower Campus is located north of West Coast Highway, south of the YLrsaille Sunset View
linear and consolidated ao rk and Villa BalboaASeafaire Condominiums, west of Newport
Boulevard and east of superior Avenue. It contains approximately 25:6137.38 total acres,
including 8,603 square feet of land encumbered by a roadway easement. The Lower Campus
adjoins the Upper Campus at its eastern boundary. The Upper Campus is, and will continue to
be, oriented towards inpatient functions, while the Lower Campus will be developed with
predominantly outpatient, residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 28-152017, 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 ineludes e 0.8 acre view ad. ...Easent to the bike trail betwee., th
twenty feet wide linear park area adjaeent to the bike path (approximately 0.5 aeres) and
eansefidated view ..a...« the-we.--eft., edge of the p pert.. (app ,..,:.nmel., 0.3 e e,.) Ai31i4C
null ..aim ' 1 'A .i L..�.. the stia L'l.e 'Fail.. ♦ the .them d
..r co'm mvvro� i3 a.im= prvrivca oorncccrcac- c�Ei,lt.mb— viitc-smisrm cno ow them anv
beunda °foes of the T ewe« `'e„ Access to the Lower Campus will be from West Coast
Highway d from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital- related uses.
Instead, a developable area is identified based on the regulations established for this Planned
Community District. Because of the dynamic nature of the health care industry which leads to
rapid technological changes that effect how health care services are delivered, the Development
Plan for Hoag Hospital sets development caps as a function of allowable densities established by
the Newport Beach General Plan.
!3.(6
x�.
_
MOOR.-
!3.(6
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 l Buil&nk Area Statistical Anal sis, provides a summary of
allowable square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
Hoag has acknowledges that the Environmental Impact Report prepared for the development
and implementation of the Hoag Master Plan pursuant to this Planned Community
Development Plan is a "Program EIR." The City has prepared and certified two program
Environmental Impact Reports - Hoag Hospital Master Plan Final Program EiR (Final EIR
No. 142 ) and a Supplemental EIR for the Master Plan Update (SCH #1.991071.003). The
EIRs analyze the impacts of construction phased over time and pursuant to CEQA the City
is under a continuing 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.
6
L3.17
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II
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TABLE
BUILDING AREA STATISTICAL ANALYSES
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAximuM ALLOWABLE: 1,343,238 SOUARErFEET
'As of the date of adoption.
Un to 225400 square -feet can be transferred from the Lower to the Upner �
' Demolition of she existing structures on the Upner Caws will oceur to ensure maximum square -feet will
not exceed 1.343.238 square -feet
9
13. Z 0
Maximum
Allowable
Net
Allowable
Site Area
Buildine Area
Existin t
Remaioin
1so"p- Taeeed
U765765
349sg�ft.
765.349 N. ft.
698,121 sq. R.
67,228 sq. ft.
990,349 sq. ft.2
a
w
a
U
862,815 sct. ft:
577,889 sq, ft
188,149 N. ft.
389,740 sg. ft.
577 889 sic , ft.
ix
a
a
F
1,618,164 sq. ft.
1,343,238 sq. ft.
886.270 Sq. R.
4_56,968 sg. ft.
1,343,238 sg. ft.'
O
F
'As of the date of adoption.
Un to 225400 square -feet can be transferred from the Lower to the Upner �
' Demolition of she existing structures on the Upner Caws will oceur to ensure maximum square -feet will
not exceed 1.343.238 square -feet
9
13. Z 0
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10 13.21
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 alloweby- de€miwa. 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)
lGenditieflifig
Rehabilitation
(e)
Surgery Center
(t)
Clinical Center
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
Q)
2GT
Breast Imaging Center
crap
(k)
Dialysis
(1)
EEGIEMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
4R"4elegy
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
/3.,Z
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(1)
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
(1) Chapel /Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
0) 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
1 ° Parking structures or decks do not count toward square- footage
12
13.23
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a)
Critical Care
(b)
Emergency Gare-�Department
(c)
Birthing Suites
(d)
Cardiology
(e)
Cardiac Care Unit
(1)
Intensive Care Unit
(g)
Mother/Baby Unit
(h)
SurgeryAru ti % -Rooms
(i)
Laboratory
0)
Pharmacy
(k)
Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)$
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
s Does not count toward square- footage
13
13.2Y
B. Prohibited Uses
Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural or spaces to uses that allow
general or routine occupancy -er— g .
2. Upper Campus
a. Conversion of mechanical or structural or utility spaces to uses that allow
general or routine occupancy_ersterag .
C. Maximum Buildiruz Height
The maximum building height of all buildings shall be in accordance with Exhibit 3,
Development Criteria Plan, which establishes the following height zones:
Upper Campus Tower Zone - maximum building height not to exceed the
existing tower which is two- hundred thirty-five (235) feet above mean sea
level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range
of maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center which is fifty -seven
and one -half (57.5) feet above mean sea level.
14
13.15
LEGEND
HEIGHT ZDNES UPPER CAMPUS ZONES -^
F
3
A" bM gYYP
TOWER 20NE- MAXIMUM BUILDING HEIGHT .. _
--
235' ABOVE MEAN SEA LEVEL - A>aE rvoRl Mqy
1 HOSPITAL RO —..1
MIDRISE ZONE- MAXIMUM BUILDING HEIGHT
140' ABOVE MEAN SEA LEVEL
® m +�
PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA ly V RPnG OMyE ` MOMPnre�
LEVEL, EXCLUSIVE OF ELEVATOR TOWER
n
LOWER CAMPUS ZONES
\
D LOWER CAMPUS ZONE SUB AREAS A, B, C. F, AND G NO BUILDING SHALL (OADINGNmundArBorm "p - l M CII Am
EXCEED THE HEIGHT OF THE EXISTING SLOPE Oft THE etnlune¢ 1 mW""
RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED _
EK RUItDING HOW SUB AREAS
SUD - AREA SDANDE - MAXIMUM BUILDING HEIGHT
57.5 FEET ABOVE MEAN SEA LEVEL I�,. �.. �+I wtv
t2 MMG ARM PR B FD G I YmR,IK W IFlOpnry EW 38'Mw.n
HE14M. ABOVF PROPMW GRAl1F5
l82) 1YPICAI RANGE OF MMIMUM 10%d LryWytlyr Vwph 'mMierun BUWrR{ mocAwify1ANE',\ �
BlIIL01NG MEIGHiS. MtAN $fA ICV(t IMS ypysn rann 2mrAM8 ji /C2,Ii2lBDBi,I (B 11 f;
t!
.12 MORASS SLOPE ELEVATION >mr Protue Wry vwa. I
�, CRm,RN lurn.R"MAgXp AMINLOADINOOOCN
r
21WO tANE
2mIlaLEA� 230 EuNE 2m- WIV,'LAW �J xRDSAa LAKE
�raa �
GATEDFREFACCES5
y FLARE Sc'� ._ f f .':';
/
Ai yaeD i E SURFACE t
foal_ A. SURFACEPARNNG C ft E , PARASNG F I CANCEfl
i ,. ri• i cENrtn E. tAUnHn Y
B. ,.
PROPCRLY ZINC ✓/ -Uil` _ f MDDWfR '
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IPIr M14/rpniBTwda _� TN ,
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Note: Buildings labeled for identification purposes only
DEVELOPMENT CRITERIA PLAN
I HOAG MEMORIAL HOSPITAL PRESE
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100 0 100 200
--- F--L—j
SCALE:1" =200'
rYWIRIT I
T-11,
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 F Seafaire condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of
the westerly edge of the existing cafeteria/laboratory building to the
points of intersection with the easterly curb line of the existing service
drive, then continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot
minimum building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall
be fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one - hundred fifty (150) feet of the West Coast Highway frontage,
as follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is
required. If the Ist floor exceeds eighteen (18) feet in height, it shall be
subject to the articulation requirements of the 2nd Floor.
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an
average 2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above
setback of twenty -five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal
shall be forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one - hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is
required.. If the Ist floor exceeds eighteen (18) feet in height, it shall be
subject to the articulation requirements of the 2nd Floor.
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an
average 2nd floor setback of fifty -five (55) feet.
16 13-27
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
Cam us adiacent to the municipal parking lot at Superior and West Coast
Highway). with GaIT -raps east ,e.,. ,t c e a Avenue ,.a Ave.« Coast
Vii`
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. Li htin
The lighting systems shall be designed and maintained in such a manner as to hs ieldeeneeal -_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. p the , sueh beildings will have elean feeft 3s. Minor rooftop equipment, necessary
for operating purposes, will comply with all building height criteria, and shall be eenaealed and
designed and screened to blend into the building roof using materials compatible with roofing
materials.
17
3.29
G. &M
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
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,-alleys-,and immediately adjacent residentialadjei » ing properties.
K. Internal- West Hoag Drive Circulation Limitations
The proiect sponsor shall continue to limit the use of that portion of West
Hoag Drive adjacent to residential uses located on the Upper Campus
Deliveries to loading areas shall not occur after 8:00 PM or before 7:00 AM
daily. The proiect sponsor shall physically restrict access to the roadway
between these hours and appropriate sisnaae 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. T-&--the
essiblp, And with th
ma3 arise the p° ^« „ w n . :«., ecx Fts to limit .mek deliveries is
1
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18 2 p
OWN
L. Loading Dock
The proiect s onsor shall prov und wa t Ds r wh
approximate location on Exhibit 4 Said wall shall be installed within 12 months of proiect
approval subiect 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 desk 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, an d
enclosure of the trash compactor.
R-nd- reds..,., asise to adjokiin re ide«ees from the leading .7e,.L
°�n`�
The design « s f f e , L :1.1:__._ « sed .. «e,.� of .. «. f..t...e phase .. the T1._,_e.
....,.b.• 1,..,....... .... ....� .,,,.......b 7,..,7.,...x,. ,... �....... ..._ —_� ______ r_'___ ___ ____ -rr --
thal
additien.
aeau-stical stud), shall be eendueted te assess the seund attenuation whieved 133, Am addition. 1
approval of a NiedifiGatieft as set Roth in GhaptOF 20.81 of the NewpoA Beaeh b,�ieipal Cede.
M. Noise Standards
Noise generated at the Hoag Hospital property shall be govemed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5,
Loading Dock Area Location tbr the localion.
19
i3.3o
1. The applicable noise standard at the Hoag Hospital property line adiacent to
the Loading Dock Area shall be as follows:
7AM -10 PM 10 P.M —7AM
Da3qim e Nighttime
Leg (1.5 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 Citv Noise
Ordinance as a maintenance activity shall occur on a Saturday between the
hours of 11:00 AM and 3:00 PM.
20
13.3!
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SOUND WALL LOCATION PLAN
HOAG,MEMORIAL HOSPITAL PRESBYTERIAN April 3, 2008
X
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EXHIBIT4
LEGEND
Existing Fence
— Property Cme
— Easement Line,.',,
– — — — — — — '; 48.5' High Wallr -'
23' High Wall
n
17',High Wall
,
\
•••••••-- ••••••• 14'High'Wall
`� ':• NOTE: Sound Wall isapproximately 470 Linear Feet.
•., St ',
Sound Wall height measured from
adjacent roadway surface:.
,,,� ,.
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SOUND WALL LOCATION PLAN
HOAG,MEMORIAL HOSPITAL PRESBYTERIAN April 3, 2008
X
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EXHIBIT4
LEGEND
PROPERTY LINE AS IDENTIFIED IN SECTION M.1,, DISTRICTREGULAMONS
LOADING DOCKAREAAS IDENTIFIED IN SECTION M.2., DISTRICT REGULAIVONS
On
Natw BUdings fabaW forldmMcatlon purposm only
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-7
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LIJ;J;J 6 F0
man
ruWNs
sxurnwc
NORTH
4
100 0 100 200
:10-200'
rr
VI.
l]
C.
HOAG HOSPITAL SIGN PROGRAM
Puroose and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on- building wall and ground- mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordinance
and the information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
General Sign Standards
I. All signs visible at the exterior of any building or facility of the Hospital,
ground- mounted or on- building, may be illuminated or non - illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink or
move, or create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flash or sur- ar
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 I 10 -L.
5. For purposes of this section, a buildina shall be defined as anv occupied
s ructure or any occupied portion of a structure that is constructed as an
addition to an existing structure and identified as a separate building for
wayfinding purposes Individual building numbers uniquely define the
buildin -gs on the Hoag campus
Number of Sans Allowed
One (I) 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 (I0) feet in height per sign
and street frontage. This sign may occur as a wall sign, to be located upon a
project boundary perimeter wall, subject to the same number and area
OX
13.3y
maximums described above. This sign may also occur as part of an entry
gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If
freestanding, this sign type shall not exceed a maximum height of eight (8)
feet average height above finished grade. In the case of a sign occurring upon
a slope, the average height shall be established by measuring the sign height at
the mid point of the sign length perpendicular to the slope direction
Maximum sign area shall n& exceed seventy (70) square feet.
Secondary building and entrance identification signs shall be allowed. It
freestanding, this sign type shall not exceed a maximum height of nine (9 ) feet
48— average height above finished grade. In the case of a sign occurring upon
a slope, the average height shall be established by measuring the sign height at
the mid -point of the sign length perpendicular to the slope direction.
Maximum sign area shall not exceed ft 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 co
speed of traffic setback off the road and viewing distance This sign type
finished grade. This -sign type shall=acGuf :pith. Ithoe sip suspended between
PA,e upright d ih d RhAve
5. Donor recognition signage shall be allowed one (1) at each building .
elevation. Maximum sign area shall not exceed one hundred seventy -five
(175) square feet for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers - parapets,
one (1) at each elevation. The maximum sign area shall not exceed two
hundred seventy -five (275) square feet. Any hospital identification signage
on the elevation facing west (Villa Balboa property line) may not be
illuminated.
On the Lower Campus, two (2) one (1) building- mounted identification signs
will be allowed per structure and shall not be placed so as to directly face the
Villa BalboafSeafaire property. Such signs shall adhere to the requirements
no higher than the roof line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign
above each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent
regulatory parking signage does not count toward the maximum sign area.
24
3.35
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 Tr4ffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and
signed by a licensed electrical engineer, with a letter from the engineer stating
that the requirements have been met. The lighting plan shall be subject to
review and approval of the City Planning Department.
B. Requirements for Off - Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in
Table 2. All parking shall be determined based upon the area allocated to the use categories.
of 4Anl tlaa- aFea limiwien -hall be included in the grass flser aFea to a the
25
/3.34P
Use Category
Outpatient Services
Support
Administrative
TABLE 2
PARKING REQUIREMENTS
Parking Requirements
2.0 .,....ees/1 nnn .,,....,_e feet*
2.31 spaces /1.000 square feet (1)
1.0 space/1,000 squafe feet*
0.0 spaces /1.000 square feet (I)(2)
4.0 s es/ i,000 ,. nnn , uar-e F W
5.3 spaces/I,000 square feet (1)
Residential Care 1.0 spaces /1,000 square feetg_ U3
Medical Offices 4.0 spaces/1,000 square feet &- U3
Inpatient 1.25 ......ees. nnn ....,..,,.e r **
2.35 spaces /1.000 square feet (1)
I
Parking factor based on narking 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.
26
X3.3-7
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
may include a concept for the roofs and the parking structures. Trees shall not
be used, however planter boxes, green roof treatments or trellis systems may
be designed to provide added visual relief of parking structures. All rooftop
or top of parking structure landscaping proposals shall conform to the
building height limits established in this text.
2. Parking lot trees shall be no less than twenty -four (24) inch boxes°
gallon size.
3. Shrubs to be planted in containers shall not be less than ene +five 5 anon
size. Ground covers will be planted from one (1) gallon containers or from
rooted cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow
root systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid that damage to trees, irrigations emsunks,— ;,d, shrubs
and other planting materials4s- eveided.
6. Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing or the introduction of is He
mired and irregular groupings may also be considered to add interest and
variety. Care should be exercised to allow plants to grow and maintain their
matureultimate size without restriction.
Neerg- -eEmphasis shall be placed on the use of native, drought- tolerant, non-
invasive plants on the Lower Campus On the Upper Campus naturalized
vegetation selections, as well as those plants allowed on the Lower Campus will
be emphasized. and .,.,,,•...r. ed vegetatieft and &e use EF Automatically
controlledan irrigation systems shall be designed to avoid surface runoff and
over - watering.
8. Replace and enhance existing trees shrubs and groundcover in areas altered
by the planned Lower Campus utility upgrade , project to improve and unify
Hoag landscaping along the West Coast Highway frontage. Installation would
occur after underground utility installation.
9. To enhance visual quality, safety and erosion control along the Lower
Campus, the north slope above the Lower Campus retaining wall will be
27
13.38
regraded to allow shrubs and ground cover, and a new irrigation system will
be installed.
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground covers areas are to be kept trimmed and/or mowed
regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly
scheduled annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, aAdjustments and cleaning of systems are to sheuw -be part
of regular maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties teshall be adjusted to avoid creating abrasions or girdling of
branches or central leaders. to the stems.
6. Damage to plantings created by vandalism, automobile or acts of nature shall
be corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
Plans
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right -0f -- 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.
or soften views of the west parking lot from Pacific Coast Highway
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed Ttrees size are to be no less - smaller than twenty -four (24) inch box.
D. Villa Balboa Landscape Zone
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
28
1 3.39
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 Communitv Association The plan
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 landsca in
shall be reviewed and approved by the Planning Director. :Pap APep h&A,R°^ the 110 "a
BalbeaMeag pmpert), line and the leading dook sen4ee access read shall be landscaped eiwep
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 n€sessarily be in- regularly spaceding. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berming and
depressing of parking areas to provide additional screening. Alternative landscape programs
shall be subject to the review of the Newport Beach Planning Department.
A rooftop landscaping program may be developed for parking structures and shall be subject to
the review and the approval of the Newport Beach Planning Department.
29
13 `fin
IX. SYPE PLAN REVIEW
A. Purpose
The City Council finds that development on the West Coast Highway frontage of the lower
campus of Hoag Hospital may have the potential to affect the aesthetics of the West Newport
area as viewed from surrounding arterial roadways. The effect of this section is to establish a
Site Plan Review requirement by the Planning Commission for certain individual projects
which are proposed by the hospital to differ from the setback, horizontal and vertical
articulation requirements as set forth in Section V.D.2. to insure that these projects conform
with the objectives of the General Plan and the Master Plan for Hoag Hospital.
B. Findines
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit .
for any new structure or the addition to an existing structure which does not conform to the
provisions of Section V.D.2.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
I . A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off - street parking and off - street loading areas, landscaped
areas, signs, fences and walks. The plot plan shall show the location of
entrances and exits, and the direction of traffic flow into and out of off - street
parking and loading areas, the location of each parking space and loading
space, and areas for turning and maneuvering vehicles. The plot plan shall
indicate how utility and drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the
amount, type, and location of glandscaped 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.
30
13.gf
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance
with the purposes of this chapter.
E. >e
The applicant shall pay a fee as established by Resolution of the City Council to the City with
each application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub - section A, in order to carry out the purposes
of this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of
the project as viewed from surrounding roadways and properties; with special
consideration given to the mass and bulk of buildings and the streetscape on
West Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper
consideration to functional aspects of site development.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall
be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses
from the last equalized assessment roll or, 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 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
31
r
comply with applicable standards and shall be such as to bring said development into
conformity.
If the development is disapproved, the Commission shall specify the standard or standards that
are not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The
action of the Commission on any Site Plan Review shall be final and effective twenty -one
(2 1) days following the Commission action thereon unless, within the twenty -one (2 1) day
appeal period an appeal in writing has been filed by the applicant, or any other person, the
Commission has requested a review of its decision, or unless the City Council, not more than
twenty -one (21) days after the Commission action, on its own motion, elects to review and act
on the action of the Commission, unless the applicant consents to an extension of time. The City
Council may affirm, reverse or modify the decision. Such action by the City Council shall be
final.
I. Anneal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty -one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City
Council.
J. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter
of appeal, and the City Council may affirm, reverse or modify the decision of the Commission.
The decision of the City Council is final.
K. Exniration and Revocation of Site Plan Review Approvals
1. Expiration. Any Site Plan Review granted in accordance with the terms of
this Title shall expire within twenty -four (24) months from the date of approv-
al if a building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at the
time of approval the Planning Commission has specified a different period of
time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of such
Site Plan Review are violated or if any law or ordinance is violated in
connection therewith.
3. Hearin . The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days
prior to the hearing, and shall submit its recommendations to the City
32
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Council. The City Council shall act thereon within sixty (60) days after
receipt of the recommendation of the Planning Commission.
33
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Exhibit "C"
Insert Draft Development
Agreement Amendment
13.g5
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
DRAFT
EXEMPT FROM FILING FEES CAL GOVT CODE § 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
THE CITY OF NEWPORT BEACH .
(Pursuant to California Government Code Sections 65864- 65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved
Ordinance No.
H &O #440 6' DOC (2 v. 1) l 3 y
BI
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
( "Amendment ") is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City ") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag ").
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(el) to read as follows:
1.9 Hoag Property. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit "B"
(the "Property"),
1.10 Hoag Healthcare Services. Hoag is a modem, state -of-
the -art acute care, not - for - profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties,
1.11 Hoag Community Benefit Programs. In addition to
providing state -of -the -art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases, providing
financial and transportation support for the City's senior Oasis
Center, and providing methane gas flare bumoffto 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.—a
1..12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ( "City Council ") certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
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Hospital Presbyterian Master Plan ( "Hoag Master Plan's and the
Planned Community Development Criteria and District Regulations
( "P.C. Text ") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses,---and
1.13 Square Footage of Buildable Are a. 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,,ind
1.14 Development AWementNo. 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 _.-aad
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; -an4.
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.; -an4
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
Noise Element and Noise Ordinance. It is proposed that noise
generated and originating from the Property be governed by the City
Noise Ordinance with certain exceptions,; -amA
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1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening to mitigate and buffer noise and
improve aesthetic impacts for adjacent residential properties.-i-and
1.19 . Restated Development Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and furrther
amendments to the Hoag Hospital Planned Community Text ( "P.C.
Text ")to, among other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ("FAR") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 .square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property; and
(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
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fund the study and potential future improvements in
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Planning Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5,199 1, January 9, 1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 11,
1992. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on , 2008. The City Council
conducted a public hearing on this Amendment, the Supplemental
EIR, the General Plan Amendment and the Second Amendment to the
P.C. Text on , 2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94 -8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On
, 2008, the City Council adopted Ordinance No.
approving this Amendment and authorizing the City to enter
into this Amendment. The adopting ordinance will become effective
on , 2008."
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3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94 -8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. adopted
on 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement" refers to thine "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "EIR" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach
Impact Report N 142, and Supplemental Environmental Impact
Report No. "
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit "s "C"), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
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H &O: #44076 vDOC R v. 1) 5 / 3 . /
am
—� �%]iCiR015O�:lBYR,,,,,
ied the n......, Fty hall 1..,
from sxacz- cvFcr�, :mnzr-
governed by the City Noise noise standard st the
doelk shall be as follows!
s
5
With respeet to grease N S
it 1 :ti a on the
appheableneis
standard. Grease pit rleaning aetivities shall eab, eeeur between
the hours of 14WO a.m. and 3AO pan. on Saturd",.
& 9—.Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"33 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. . The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA. City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA. "
I W. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
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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. 44,Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that Would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things, the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
1L 42rSection 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
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H &O: 1144076 vDOC (2 v. I) 7 /,3.5.3
made upon the Effective Date of this Amendment. Payment of the
remaining one -half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance of the first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit ""C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ( "Priority Public Improvements ").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the,
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (sueh -*sfor 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."
12, 43—A new section, Section 8.3, shall be added to the Restated Development
Agreement entitled Sales /Use Tax Origin, to read as follows:
"8.3 Sales/ Use Tax Origin
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(a) Hoag will include 'n i s g neral
contractor construction contract a notice that
oag's general contractor and subcontractors are
encouraged to exercise their option to obtain a
Board of Equalization sales/ use tax Abp rmit for
e iobsite at the Project Property and allocate all
clipjble sales and use tax to the City. Hoag wil
provide Hoag's general contractor and
subcontractors with the name and contact
information of the City's Revenue Manager an
notice of the Revenue Manager' availabi ity to
meet and confer with them on the imnlementatio
of the Board of Ril gal'zafion $ Weal e tax
subpermit procedures. Hoag will further include
notice in its general contractor construction
contract that prior to beginning a qualified
construction nroiect the general contractor and
subcontractors electing to obtain a Board of
Equalization sales /use tax subpermit are
encouraged to meet with the City's Revenue
Manager to review the process to be followed with
resPeet to sales and use taxes, Hoag will further
include a notice in its general contractor
construction contract that the general contractor
or subcontractors are en ouraged to certify in
writing that the nerson(s) responsible for filing the
tax return understands the process of reporting
the tax to the City and w'll fo low 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.
2/14/08 10001.34
H &O: 444076 vDOC (2 v. 1) 9 /3.55
I& Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 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
with a copy toj Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614- 7321"
". 1 l a.l. ' I W43' J I• 1
"11 .17 Indemnification/Hold Harmless, To the fullest
extent permitted by law. Hoag shall indemnify, defend-and-kW
harmless ity. its City Council, Ots boards and commission .
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I& Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 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
with a copy toj Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614- 7321"
". 1 l a.l. ' I W43' J I• 1
"11 .17 Indemnification/Hold Harmless, To the fullest
extent permitted by law. Hoag shall indemnify, defend-and-kW
harmless ity. its City Council, Ots boards and commission .
2/14/08 10001.34 ' 3 5
H &O: #44076 vDOC (2 v. 1) 10
1.11 J' .111
other Iense incurred in connection . I I _ II ? it J.
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11 11J 1 :111 I 1 I�. �" 1YI I I 111 II I'
' I I " I :. I 1 INTENT 111 1 1 I 17111-Mr., _I I. '1 1
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15. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
,2008
Adopted by the City Council
City of Newport Beach
Ordinance No. _
,2008"
2/14108 10001.34 / 5
H&O: #44076 vDOC (2 v. 1) 11
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other Iense incurred in connection . I I _ II ? it J.
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' I I " I :. I 1 INTENT 111 1 1 I 17111-Mr., _I I. '1 1
I � I ii 1 I II "11.1 :I11 / llI 1 YI'1.
15. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
,2008
Adopted by the City Council
City of Newport Beach
Ordinance No. _
,2008"
2/14108 10001.34 / 5
H&O: #44076 vDOC (2 v. 1) 11
16. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all 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 $IC constitute apart of this Agreement and
are incorporated into this Agreement in full by this reference.
17. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.:
18. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days . following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page follows]
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ll WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
CITY:
THE CITY OF NEWPORT BEACH, a municipal
corporation of the State of California
Edward D. Selich, Mayor
t
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public
benefit corporation
Richard Afable; President and CEO
By:
(Financial Officer)
(All Signatures to be Notarized)
F :users/CAT /Shared/Projects/HOAG DA/Amendment to Hoag DA— FINAL.doc
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H&O: #44076 vDOC I2 v. q 13 /,3.57
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in
(his/her /their) authorized capacit( -y /- ies) „end that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared _ personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (Ware)
subscribed to the within instrument, and acknowledged to me that (he/she /they) executed the same in
(his/her /their) authorized capacit( -y/ -ies), and that by (his/her /their) signature(s) on the instrument
thq person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
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H&O: #44076 vDOC (2 v. 1) 14 % 3 . 4o
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, a-94 acknowledged to me that (he /she/they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
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DRAFT
EXHIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City of Newport Beach, County of Orange,
State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block 1 of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 of Miscellaneous Maps, Records of Orange County,
California.
Parcel 2:
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
2/14108 10001.34
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EXHIBIT s
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Insert Final
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
2114108 10001.34
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