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Home My WebLink AboutExhibit 3 - Exhibit 3 - Draft Ordinance Approving Planned Community Development Amendment 2007-001Exhibit No. 3 Draft Ordinance approving Planned Community Development Plan Amendment No. 2007 -001 V THis PAGE LEFT SLANK INTENTIONALLY BLANK 3•:1- ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS (PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001). 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 that would apply to 38- acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach ('Property "); and WHEREAS, the application seeks approval of an amendment to an existing Planned Community Development Plan that sets forth use, operational and development regulations for the Property and was approved by the City in 1992 by Ordinance No. 92 -3 and amended in 2002 by Ordinance No. 2002 -17 that implements the General Plan; and 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 and the full administrative record. 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 the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007 -001 (PA 2007 -073); and WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on April 16, 2008, to consider the recommendation of the Planning Commission; and 3.3 Ordinance No. WHEREAS, the City Council finds that: Page 2 of 5 1. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations provides suitable and adequate standards including those relating to uses, development limits, building height limits, setbacks, parking, landscaping, screening, signs, lighting, and noise control. 2. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is consistent with Municipal Code Section 20.35.050(C), which mandates the requirements of a Planned Community Development Plan. 3. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with the objectives, policies, general land uses, and programs specified in the General Plan and does not create any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is, therefore, consistent with the General Plan. More specifically, the General Plan Policy LU 6.1 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). The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 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. 4. 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. Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA 2 3•V Ordinance No. Page 3 of 5 Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 5. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) 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 SEIR is 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 Circumstances contained within Resolution No. 2008- which are hereby incorporated by reference. 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. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Planned Community Development Plan Amendment No. 2007 -001 specified in the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (Exhibit A) is approved. Use and development of the Property shall conform to Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations. SECTION 2. 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 Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and/or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall .include, but not be limited 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 3 3.5 Ordinance No. Page 4 of 5 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. SECTION 3: The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall not go into effect until the City Council approves or adopts all of the following: (1) General Plan Amendment No. 2007 -005; and (2) Development Agreement No. 2007 -001. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, 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 , 2008, and adopted on the day of _, 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS uFA •C ATTEST: CITY CLERK M 3.6 Ordinance No. "EXHIBIT A" Page 5 of 5 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 3.7