HomeMy WebLinkAboutExhibit 1 - Exhibit 1 - 1994 Development AgreementExhibit No. 1
1994 Development Agreement
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sNERKMENTM 5183
Recording Requested By and
When Recorded
�� Return to:
City Clerk A? �-
City of Me rt Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
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DOC # 94- 4247276
23— MAR -1994 03:59 PM
Retarded in Official Record,
of Osage Caaoty, California
Lee A. Branch, Lamb Retarder
Page 1 of 61 Fees: f 0,00
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DEVELOPMENT AGREEMENT
BETWEEN
TEE CITY OP NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRHSBYTE
Approved February 14. 1994
Ordinance No. 94 -8
RECEIVED
APR
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THIS DEVELOPMENT AGREEMENT (the "Agreement ") is entered into between the
City of Newport Beach (the "City "), and Hoag Memorial Hospital Presbyterian
( "Hoag ") .
RECITALS. This Agreement relates to the following:
1.1 Purpose of Agreement. This Agreement is intended to:
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag$s proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and /or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
1.2 Authorization. This Agreement is authorized by, and is
consistent with, the provisions of 65864 at seq. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal Code.
1.3 Interest of Hoaq. Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit "B" (the "Property).
1.4 Development of the Property. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ( "Master Plan ", a copy of which is attached to
this Agreement as Exhibit "C" and incorporated by reference
when appropriate), subject to the conditions and mitigation
measures identified in Environmental Impact Report Ho. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
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the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 Planning Commissicn!_City Council Hearings. The Planning
Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed
Master Plan, and the EIR on December 5, 1991, January 9, 1992,
January 23, 1992, February 6, 1992, and February 20, 1992. The
City Council conducted public hearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11; 1992.
1.6 Consistency. This Agreement is consistent with the various
elements of the Newport Beach General. Plan, the Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty -
five (25) years.
1.7 Police Power_ The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents a valid exercise of,
the City's police power, and has been approved in accordance
with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City Ordinance. On February 14, 1994, the City Council adopted
Ordinance No. 94 -8 approving this Agreement and authorizing the
City to enter into this Agreement. The Adopting Ordinance will
become effective on March 16, 1994.
2. DEPINITION@.
2.1 The " Adopting Ordinance" refers to City Ordinance No. 94 -8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 *Agreement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian ".
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"Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4
The "Approval Date" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5
All forms of use of the verb "assicn" and the nouns
"assignment" and "assignee" shall include all contexts of
hypothecations, sales, conveyances, transfers, leases, and
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assignments.
2.55
"California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6
"CEOA" and the "CEQA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7
"City" refers to the City of Newport Beach, California.
2.8
"City Council" refers to the City Council of the City.
2.9
"Cure period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10
A "day" or "days" refers to a calendar day, unless expressly
stated to be a business day.
2.11
A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "C t
Defaults refers to a Default by the City, while a " oa
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Default" refers to a default by Hoag.
2.12
The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal Commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13
The "EIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14
An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D ".
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2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
• Exhibit A: Legal Description of the Property
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17 "Existing General Regulations" means those General Regulations
approved by the City on or before the Approval Date.
(irrespective of their effective date) and not rescinded or
superseded by city action taken on or before the Approval Date.
2.18 "Future General Regulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval
Date.
2.19 "General Reaulati_on_! means those ordinances, rules,
regulations, policies, and guidelines of the City, which are
generally applicable to the use of land and /or construction
within the City and include, the Fair Share Traffic
Contribution Fee ordinance, Uniform Building Codes and water
and sewer connection and fee ordinances.
• 2.20 "General Plan" refers to the City's General Plan in effect on
the Approval Date, plus all amendments to the General Plan
adopted by the City on or before the Approval Date and
effective prior to the Effective Date.
2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non-
profit corporation.
2.22 "Includes" and all contexts and forms of the words "includes"
and "including" shall be interpreted to also state. "but not
limited to."
2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "C ").
2.24 "Mortgagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale - leaseback agreement, or other
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transaction under which all or a portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
portions acquired by assignees.
2.25 "Notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
2.26 The "Parties" refers to the City and Hoag and a "Party" shall
refer to either of the Parties.
2.27 "Planning commission" refers to the Planning Commission of the
City.
2.28 The "Project" refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.29 " Proiect 9Rgcific Approvals" means all site - specific (meaning,
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30 The "Pronertv" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) Conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the SIR;
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(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) 'Conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 81 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
this Agreement.
(f) Compliance with Existing General Regulations.
Hoag acknowledges that city Council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimise or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. Specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimise
disturbance to adjacent residents and the general
public;
(c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off -site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic Study);
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(g) Preparation and approval of a project trip generation
study as a condition to construction of. development in
Phases II and III of the Master Plan;
(h) Preparation and approval of a Traffic Phasing ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i) Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j) Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air Quality
Management District;
(k) Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag's right to develop the Property pursuant to the Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Program EIR. Hoag acknowledges that the SIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
equests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitication Monitorino . City shall prepare a Mitigation
Monitoring Plan ( "Plan ") Within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Regulationa. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
• for Project Specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are in effect at the time applications for
Project Specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4. RIGHT-" DEVELOPMHMT.
4.1 Right to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project Specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construction and completion of Project. Subject to
the provisions of this Agreement and the Master Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction on the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. ARRDAL
RRVIHi.
• 5.1
City and Roaa Responsibilities. At least every twelve (12)
months during the Term, the City shall review Hoag's good faith
substantial compliance with this Agreement (the "Annual
Review"). After the Annual Review, the City's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Hither Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall be made by the
requesting Party. If, at the time of the review, an issue not
Previously identified in writing is required to be addressed,
the review shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2
Public Hearin. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Beach Municipal Code.
5.3
Information to be Provided to Hoaa. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
5.4
Mitigation Review. The annual review shall include a detailed
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report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the 82R. For the five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the. annual review shall also assess the success of
any off -site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off -site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 Review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Estoonel Certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting .Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel Certificate may be relied on by aesigness and
Mortgagees. The Estoppel Certificate shall be substantially in
the same form as Exhibit "D."
5.7 Failure to Conduct Annual Revises. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
6.1 Sffeetive Date.I This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone, This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zone as defined by the California Coastal Act (Division
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20, California Public Resources Code, beginning with Section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed_
• 6.3 Term of Agreement_. The term of this Agreement (the "Term ")
shall begin on the Effective Date and continue for twenty -five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.6 Assignment. Hoag has the absolute right to assign (see Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this .Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
• for termination of their rights under this Agreement or be a
basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) Subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP) , this Agreement
may be amended from time to time by the mutual. consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
• 6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty -five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project; or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
• or contractors.
6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
7.1 Conflict with State and Federal laws and Regulations. Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a)
the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
federal laws or regulations;
• (b)
the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c)
the modified Agreement must be consistent with the
state or federal laws or regulations which required
modification or suspension;
(d)
the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e)
dither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f)
Hoag consents in writing to the modification.
(g)
Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
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Section.
7.2 Effect
of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty -five percent (258) of the maximum permitted development.
8. PUBLIC BBHSPITB /B4ACTIOHB.
8.1 public agnefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
• Agreement, the Master Plan, or the BIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right -of -way along the west side of Newport
Boulevard southerly of Hospital Road;
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= Plan and this Agreement confer benefits on the public and
nearby
residents by imposing long term restrictions on the
height,
amount and location of development as well as the
public
improvements described in Section 8.2.
8.2 Exactions.
Hoag shall, as a condition to the right to develop,
do the
followings
(a)
Prior to commencement of development, irrevocably offer
to dedicate and grade the proposed linear and
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consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and 52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The City shall ensure that
adequate erosion control measures are implemented prior
to construction.
(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
• Agreement, the Master Plan, or the BIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right -of -way along the west side of Newport
Boulevard southerly of Hospital Road;
14
I,r-7
•
•
Alk
(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in West Newport to park land and Public
recreation facilities proposed in conjunction with
development of the West Newport Oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location. of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the.Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorised in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement.by ten percent (10%) or
more from that authorized in the Master Plan.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
is
/• if
a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period ").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
• 9.2 Option to Institute rQaal Proceedinaa or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
• an independent judgment, on the basis of clear and convincing
evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this.Agreement.
9.4 Naive r. Failure or delay in giving Notice of Default shall not
waive a Partyfs right to give future Notice of the same or any
other Default.
9.5 Default by Hoam. If the City alleges a Hoag Default, the City
shall conduct a hearing utilising the Annual Review procedures
required by this Agreement before the City may commence legal
proceedings to terminate this Agreement.
9.6 Default by Q2 city. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
16
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1.(7
Amh
obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the City.
ENCUMBRANCES AND RELEASES ON PROPWY.
10.1 Discretion &o Rncumher. Hoag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially. alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 Entitlement to Written Notice of Default. Any Mortgagee and
its successors and assigns, upon written request to the City,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoag is provided with Notice
pursuant to Section 9.1.
11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and .
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
17
1.2-0
To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: City Manager
To Hoag: Hoag Memorial Hospital Presbyterian
301 Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Peons, Callahan, McHolm 6 Winton
19100 Von Harman, Sth Floor
P.O. Box 19613
Irvine, CA 92713 -9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforced Delav;Extension of Time of Performance. Neither Party
shall be deemed to be in Default where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
• unforeseen circumstances, litigation, or similar bases for
excused performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 Severability. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
is
Aak
I.
Agreement shall become void. For purposes of this Section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of Sections 3, 4 and 8 are
deemed "material."
11.4 Entire Aereement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
• all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
Commission or its successor agency.
11.6 incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Deal; nc. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assign ®. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in- interest
and assigns of the Parties.
11.10 Construction of Agreement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the lave of the State of California. This
Agreement is not intended to impermissibly contract away the
19
AML
I-Z2.-
legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Exec4te. The person executing this Agreement on
behalf of Hoag warrants and represents that he /she has the
• authority to do so and the authority to bind Hoag to the
performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the Official Records
of Orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Legal Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
• correct, or remedy any Default, to enforce any provision of
this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of Orange, State of California, or in the
Federal District Court in the Central District of California.
11.16 Attornevs' Fees. In any arbitration, quasi- judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
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(.23
Date: °2`oP.f- 9v 1994 yM�CITY OF NEWPORT BEACH
Clarence rner, Mayor
Date: March 9 , 1994 BOAC MEMORIAL OSPIT 4 SBYTERIAN
• By: A Albert J. A e
Chairman of a Board
Y
•
.Wmgda4.tn9
1/x1/94
21
1. zy
Exhibit A
The subject property is the following real property in the City of Newport Beach, County
of Orange, State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in
• Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page
88 of Miscellaneous Maps, Records of Orange County, California.
Parcel 2:
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map
recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange
County, California.
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•
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26, 1992
Exhibit C
/.a7
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Aft
TABLE OF CONTENTS
L
Introduction
IL
General Notes
III.
Definitions
IV..
Development Plan
V.
District Regulations
VI.
Sign Program
VII.
Parking Program
VIII.
Landscape Regulations
IX.
Site Plan Review
Wr w IM
Page
Number
1
2
4
6
ii
20
22
24
27
i
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L
0
FMHBITS
1. Planned Community Development Plan
2. Internal arculation
3. Development Criteria
1. Statistical Analysis
2. Parking Requirements
May 26, IM
TABLES
Page
Number
7
9
15
10
23
ii
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I. INIRODUC17ON
Background
• The Hoag Memorial Hospital Presbyterian Planned Community District in the City of
Newport Beach has been developed in accordance with the Newport Beach General
Plan. The purpose of this Planned Community District is to provide a method whereby
property may be classified and developed for hospital- related uses. The specifications
of this District are intended to provide land use and development standards supportive
of the proposed use while ensuring compliance with the intent of all applicable
regulatory codes.
The Planned Community District includes district regulations and a development plan
for both the upper and lower campuses of Hoag Hospital. In general, over the long
term, the upper campus will become oriented primarily towards emergency, acute and
critical care (predominantly inpatient) uses and the lower campus will be developed with
predominantly outpatient uses, residential care and support services.
Whenever the regulations contained in the Planned Community text conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in the
Planned Community text shall take precedence. The Municipal Cade 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.
0
May 26, IM
Aft
/•.3O
IL GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
is 2 Development of the subject property will be undertaken in accordance with the
flood protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council
Policies K -S and K-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this toad 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 ?A requirements. Design of buildings shall take into
account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
is 7. New mechanical appurtenances on building rooftops and utility vaults, excluding
communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
MY 24 IM
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1.3/
& Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Departments.'
9. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. 5. Prior to issuance of any building
• permits it shall be demonstrated to the satisfaction of the Planning Department
that adequate sewer facilities will be available. Prior to the occupancy of any
structure it shall be further demonstrated that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall be installed within 30 days of the completion
of grading.
•
may x nn
0
/-32-
III. DEFINITIONS
Building Elevation:
L a vertical distance of a building above or below a Sled reference level,
i.e., MSL (mean sea level).
• 2. a flat scale drawing of the front, rear, or side of a building.
Mding Enwlgp 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.
Emorgenav Room . a service and facility designated to provide acute emergency medical
services for possible life threatening situations.
Fast id; low acuity medical treatment for non -life threatening situations.
General Plate, : 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.
InWent Use hospital patient services which require overnight stay.
Lands W Area the landscape area shall include on -site walks, plazas, water, rooftop
M YA199E
4
/ - 33
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.
• OOuWatient Uses hospital patient services which do not require overnight stay.
Ran Aali 1 re: medically - oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site for the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
$peci t�wned St. t Pest Coast Highway is designated as a special landscaped
street, con aininV special landscape requirements.
Streets : reference to all streets or rights -of -way within this ordinance shall mean
dedicated vehicular rigbts -of -way.
"A IM
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5
/. 31 ...
IV. DEVELOPMENT PLAN
Project Characteristics
The upper campus of Hoag Hospital is located on a triangular site of approximately
1757 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
north and existing residential developments (the Versailles and Villa Balboa /Seafaire
condominiums) to the west. The lower campus is located north of West Coast Highway,
south of the Versailles and Villa Balboa /Seafaire Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1.
From 1990 to 2015, marry of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies.
The Development Plan includes a 0.8 acre view park adjacent to the bilte trail between
the lower campus and the Villa Balboa /Seafaire Condominiums. This view park
includes a twenty-foot wide linear park area adjacent to the bike path (approximately
OS acres) and a consolidated view park at the westerly edge of the property (approxi-
mately 03 acres). .A b&e trail connection is also provided between the existing bike
trails at the northern and southern boundaries of the lower campus. Access to the lower
• campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital related
uses. Instead, a developable area is identified based on the regulations established for
this Planned Community District Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan.
"26, M
r• &v'
The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag Hospital. In order to provide fieadbility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development cap is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profile provided in
• the statistical analysis. For example, if changing hospital needs necessitate the
development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as long as a corresponding adjustment in square
footage and trip generation for another use were to occur.
This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis ( Fable 1) as long as the development limit (i.e., square feet) or
the trip generation limit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded.
Adjustments to the Development Plan maybe allowed if the total square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded.
C
wr 26, IM
t-37
LEGEND
® PNIMADYACCESS(SOMMED)
® SECONDARY ACCESS
® SERV"ACOM
® PUBLIC CIRCULATION
OSTAFF I SERVICE OIRCULATNNI
M4' EA 19➢=
LR
w
VEHICULAR ACCESS
•
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11
3
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I
•
•
Table 1
STATISTICAL. ANALYSIS'
IZdg
Lower Campus
Eidtsting:
Outpatient Services (Hoag Cancer Center)
65,000
Chid Care
7,800
Subtotal:
72,800
Phase I:
Outpatient Services
115,000
Support Service
55,000
Administrative
30,000
Subtotal:
200.000
Phases II & III:
Subtotal:
305,089
Total Lower Campus
577,889
Upper Campus
Eidistingi
48%00
Phase I:
Outpatient Services
25,000
Inpatient
115,000
Subtotal:
140,000
Phases II & III:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,238'
' PoO dmtapmeat of the upper and bwmmmpwu Is amkipated w a m u aPpwx1mak 20IM pdw ad wdl llhelr aemr
in wove, t nyeat pha
2 Up w 5096 K the ea9mhq uppm nmpm maybe and --JWed by maser plm bWldhut
3 amll w de lopmeut a0D w under the naftra Plan u a Boor mm mtb w pm M ii= of AS tar Om lower tuupa aed IA
W the upper mmpn Buildin<aulk li dt for the lam mmpw to 090 for e0 aauuum whieh htrhtdm above pade wwmd Pottle&.
Afar 26,1992
10
/• 39
•
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital- related uses which fit into the five permitted use
categories are allowed by definition. Prior to the issuance of a building permit, plot
plans, elevations and any other such documents deemed necessary by the Planning,
Building and Public Works Departments shall be submitted for the review and approval
of the Planning, Building, and Pablic Works Departments.
A. permitted Uses
I. Lower Campus
a) Hospital facilities, including, but not limited to:
May a4 IM
Outpatient services:
• Antepartum Testing
• Cancer Center
•
Skilled Nursing
• Rehabilitation
• Conditioning
• Surgery Center
• Clinical Center
• Day Hospital
• Back and Neck Center
• Biofeedback
• Breast Imaging Center
• Cr Scan
• Dialysis
• EEG/EMG/NICE Laboratory
• First Aid Center
• Fertility Services
• G.I. Laboratory
• Laboratory
• Magnetic Resonance Imaging
• Nuclear Medicine
• Occupational Therapy
• Pediatrics
• Pharmacy
• Physical Therapy
• Pulmonary Services
II
f. 0»
• Radiation Therapy
• Radiology
• Respiratory Therapy
• Sleep Disorder Center
• Speech Therapy
• Ultrasound
•
L. Administration: dmixintt
• Admitting
Substance Abuse
• Auxiliary Office
Mental Health Services
• Business Offices
Extended Care
• Information
Hospice Care
• Registration
Self or Minimal Care
• Patient Relations
Congregate Care
• Social Services
iii. Support Services:
• Employee Child Care
• Health Education
• Power /Mechanical /Aux iary Support and Storage
• Food Services
• Cashier
• Chapel /Chaplaincy Service
• Conference Center
• Dietitian
• Gift Shop
• Laboratory
• Medical Library
• Medical Records
• Pharmacy
• Engineering/Maintenance
• Shipping/Receiving
• Microwave, Satellite, and Other Communication
Facilities
May 241"2
Allk
iv. Residential Care:
•
Substance Abuse
•
Mental Health Services
•
Extended Care
•
Hospice Care
•
Self or Minimal Care
•
Congregate Care
12
/ -W
V. Medical/Support Offices
b) Methane gas flare burner, collection wells and associated system
components.
c) Accessory uses normally incidental to hospital development.
• d) Temporary structures and uses, including modular buildings.
2 Upper Campus
a) Hospital facilities, including, but not limited to:
i) Inpatient uses:
mWalm= 13
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• Critical Care
• Emergency Care Unit
• Birth Suites
• Cardiology
• Cardiac Care Unit
• Intensive Care Unit
• Mother/Baby Unit
• Surgery/Waiting Rooms
• Radiology
• Laboratory
• Pharmacy
ii)
Outpatient services as allowed on the lower campus
• iii)
iv)
Administrative uses as allowed on the lower campus
Support on the lower campus
services as allowed
v)
Residential care as allowed on the lower campus
vi)
Heliport (subject to Conditional.Use Permit)
b) Accessory uses normally incidental to hospital development.
c) Temporary structures and uses, including modular buildings.
mWalm= 13
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B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maximum Biding Heieht
The maximum building height of all buildings shall be in accordance with Exhibit 3 -
which established the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the
existing tower (235 feet above mean sea level).
2. Upper Campus Midrise Zone - maximum building height not to exceed
140 feet above mean sea level.
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (57.5 feet above
mean sea level).
• D. Seth
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominiums, as defined below:
a) Upper campus western boundary setback shall be the prolongation
of the westerly edge of the existing cafeteria /laboratory building to
the points of intersection with the easterly curb line of the existing
service drive, then continuing along said line of the existing service
drive.
b) Lower campus northern boundary, all of which will have a 20'
minimum building setback
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2. the setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet.
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage, as follows:
1st Floor. Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2ad Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet
Ile setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet.
In addition, vertical articulation shall be required for buildings westerly of
the signal for buildings within 150 feet of the West Coast Highway
frontage, as follows:
1st Floor. Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 55 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet.
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width. Additional-
ly, 20% of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
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10% of the linear length of height zones A and B as viewed from the
existing bicycle /pedestrian trail, exclusive of that area adjacent to the
consolidated portion of the view park, shall be maintained as view
corridors between buildings.
These requirements may be altered for individual buildings, if requested
by the bospital, through the site plan review process defined in Section DL
3. There will be no building setbacks along the boundary with CalTrans east
property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided
along Hospital Road.
E. L,ig1h&a
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to minimize light spillage and glare to the adjacent residential uses.
The plans shall be prepared and signed by a licensed Electrical Engineer.
F. Roof Treatment
• Prior to the issuance of building permits, the project sponsor shall submit plans which
illustrate that major mechanical equipment will not be located on the roof of any
structure on the Lower Campus. Rat her, such buildings will have clean rooftops. Minor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G. s
Ali signs shall be as specified under the Hoag Hospital Sign Program, Part VL
H. Parkin
Ali parking shall be as specified in Pan VII, Hoag Hospital Parking Regulations.
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All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIII.
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• Prior to issuance of a building permit, the project sponsor shall submit plans to the City
Planning Department which illustrate that all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
1. Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campus service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) during working
hours (Le. 7:00 am. to 8:00 p.m.), signage to restrict use of the road by
Hospital employees, physicians, patients and visitors during non - working
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (Le. scheduled and routine deliveries) on the
weekends.
Ibis restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
issuance of the grading permit if such results indicate that such controls
• do not significantly impact the operations of the Hospital, and provided
that requests for specified vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. If operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
z The lower campus service road shall include provisions for controlled
access to limit usage to physicians and stWX and service vehicles.
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L io. adina Dock
Within one year from the date of Coral approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the project sponsor shall implement an acoustical and /or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area-
• The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
dock area by that addition.
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation implica-
tions of enclosing the loading dock area. If enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required Any enclosure required pursuant to this requirement may encroach
into any required setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
•
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VI. HOAG HOSPITAL SIGN PROGRAMS
A. hu== and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on- building wall and ground - mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on- building, may be illuminated or non- illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
building or facility.
3. All signs together with the entirety of their supports, braces, gays, anchors,
attachments and decor shall be properly maintained, legible, functional
and safe with regard to appearance, structural integrity and electrical
service.
• 4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-1-
C Number of Sighs Allowed
1. One (1) double -faced primary identification ground - mounted sign or two
single faced gateway entry signs shall be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction Total maximum signage area
shall not exceed two hundred (200) square feet and shall not exceed ten
(10) feet in height per sign and street frontage. This sign may occur as a
wall sign, to be located upon a project boundary perimeter wall, subject
May 2s, torn
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to the same number and area maximums described above. This sign may
also occur as part of an entry gateway system.
2. Secondary identification signs shall be allowed. This sign type shall not
exceed a maximum height of 48" average height above finished grade. In
the case of a sign, occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
• length perpendicular to the slope direction. Maximum sign area shall not
exceed thirty- five (35) square feet. This sign may occur as a wall sign to
be located upon a project boundary perimeter wall, subject to the same
number and area maximums described above.
3. Vehicular and pedestrian directional signs shall be allowed. Ibis sign type
may occur as a single -faced or double -faced sign. This sign type shall
occur with the sign suspended between two upright supports having the
same depth ( thickness) as the sign cabinet described above.
4. Hospital identification signs shalt be allowed upon hospital tower parapets,
one (1) at each elevation The elevation facing west (Villa Balboa
property line) may not be illuminated.
5. On the lower campus, one (1) building- mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa /Seafaire property. Such signs will be no higher than the roof
line of the building upon which they are mounted.
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VII. HOAG HOSPITAL PARMG REGULATIONS
Off- street parking for Hoag Hospital shall be provided on -site. Parking
may be on surface lots, subterranean or in parking structures.
• I The design and layout of all parking areas shall be subject to the review
and approval of the city Traffic Engineer and the Public Works Depart-
ment.
3. Parking lot lighting shall be developed in accordance with City standards
and shall be designed in a manner which minimizes impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential area. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met. The lighting
plan shall be subject to review and approval of the City Planting
Department.
Parking requirements for specific sites shall be based upon the parking criteria
established in Table Z All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement.
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Use nt ory
Outpatient Services
•
Table 2
PARKING REQUIREMENTS
20 spaces /1,000 square feet
•
1.0 spaces /1,000 square feet•
4.0 spaces /1,000 square feet•
1.0 spaces /1,000 square feet-
4.0 spaces /1,000 square feet•
125 spaces /1,000 square feet**
Parking requirements are based on a study performed by DKS Associates in May,
1987.
•• Parking requirement is based on current Hoag Hospital parking demand.
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Support
•
Administrative
Residential Care
Medical Offices
Inpatient
•
Table 2
PARKING REQUIREMENTS
20 spaces /1,000 square feet
•
1.0 spaces /1,000 square feet•
4.0 spaces /1,000 square feet•
1.0 spaces /1,000 square feet-
4.0 spaces /1,000 square feet•
125 spaces /1,000 square feet**
Parking requirements are based on a study performed by DKS Associates in May,
1987.
•• Parking requirement is based on current Hoag Hospital parking demand.
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VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
1. Detailed landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect, shall be reviewed by the
Planning and Parks, Beaches and Recreation Departments and approved
• by the Public Work Departments prior to issuance of a building permit
and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may include a concept for the roofs and the parking
structures. Trees shall not be used, but a planter box or trellis system
shall be designed to provide visual relief of parking structures. Ail
landscaping shall conform to the building height limits established in this
text.
2
Parking lot trees shall be no less than fifteen (15) gallon size.
3.
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4.
Every effort should be made to avoid using plants with invasive and
shallow root systems.
S.
Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided
6.
Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and irregular
•
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
I
Heavy emphasis shall be placed on the use of drought - resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over- watering.
B. Maintenance
1.
Ali planting areas are to be kept free of weeds and debris.
2
Lawn and ground covers are to be kept trimmed and /or mowed regularly.
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3. All plantings are to be kept in a healthy and growing condition. Pertiliza-
tion, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
• 5. Stakes, guys and ties on trees should be checked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
stems.
6. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. SpWal lAndsMxd Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A 15 building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed in the
setback area. Parking areas shall be screened from view of West Coast Highway with
landscaped berms.
Landscaping along West Coast Highway sball consist of trees, ground cover and
shrubbery. All unpaved areas not milized for parking or circulation shall be landscaped
in a similar manner. Tree size to be no less than twenty -four (24) inch box.
D. Villa Balboa LandmpLZA=
The area between the Villa Balboa/Hoag property line and the loading dock service
access road shall be landscaped except for any driveway, walkway, or other hardscape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
13. Parking Are
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berming and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
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A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments. Rooftop landscaping shall
conform to height restrictions.
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IX SITE PLAN REVIEW.
�
The City Council fords that development on the West Coast highway frontage of the
lower campus of Hoag Hospital may have the potential to affect the aesthetics of the
West Newport area as viewed from surrounding arterial roadways. The effect of this
section is to establish a Site Plan Review requirement by the Planning Commission for
certain individual projects which are proposed by the hospital to differ from the setback,
horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review
procedures contained in this section promotes the health, safety, and general welfare of
the community by ensuring that the development of Hoag Hospital proceeds in a manner
which will not result in inadequate and poorly planned landscape areas, excessive
building bmkr on arterial roadways, inappropriate placement of structures and
impairment of the benefits of occupancy and use of existing properties in the area
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or
building permit for any new structure or the addition to an existing structure which does
not conform to the provisions of Section V.D2.
D. Pius and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for
approval:
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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 walls. 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.
27
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2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
• 4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
S. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear
upon completion.
6. Any other plans, diagrams, drawings or additional information necessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
F- Fs�
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. Standardfl
In addition to the general purposes set forth in sub- section B, in order to carry out the
purposes of this chapter as established by said section, the site plan review procedures
established by this Section shall be applied according to and in compliance with the
• following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P-C Text);
2. Development shall be compatible with the character of the neighborhood
and surrounding sites, and shall not be detrimental to the orderly and
harmonious development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality
of the project as viewed from surrounding roadways and properties, with
special consideration given to the mass and bulk of buildings and the
streetscape on West Coast Highway;
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4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearing - Re Wred Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such
• hearing shall be maned not less than ten (10) days before the hearing date, postage
prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing
Ii Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission
shall approve the development. Conditions may be applied when the proposed
development does not comply with applicable standards and shall be such as to bring
said development into conformity.
If the development is disapproved, the Commission shall specify the standard or
standards that are not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by
the City Council either by appeal, or upon its own motion, or upon the request of the
• Commission. The action of the Commission on any Site Plan Review shall be final and
effective twenty -one (21) days following the Commission action thereon unless, within
the twenty -one (21) day appeal period an appeal in writing has been Bled 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.
Mq 24 nn 29
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•
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 Sling
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.
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the Commission. The decision of the City
Council is final.
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of
such Site Plan Review are violated or if any law or ordinance is violated
in connection therewith.
• I Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten days
prior to the hearing, and shall submit its recommendations to the City
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
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May 26, IM
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Oar Requested:
Date of Cwdco a:
on the Clq/ of Nswptxt Bradn app VM the '00
Aourrw* ettvesn r CRy of Newport Beaah std Hoeg Morna d
Preab who Che'Detrabpment Apresmwn.q
•
This Estoppd Cwlka% corda *4 to of On 'Ode of ONMOete' art forth 4
CHECK WHERE APPUCABtE
1. The DrAlopmertt AprremrM reneete bEnft end oftedW,
& The Davelopmertt Apreemem has not been tttrterndrd;
S. The Dwslapment Agreansttt has been amended In 4w Um
Alveft
4. NOMW Hoag not "d as vuwUM tare In
defeuh under do DeveWp neat Agreement
9. The fo m tg dekAft mW under the Wvelrtp rwtt Agreement
• Rtb Etttoppd OerWbele may be mW tmoo by sty VenefeM or mot%noo
Entered an Una prepaty rrhW is sublam of the Detmbprnett Agreement
CRY OF NEWPORT BEACH
BY:
NAME:
TME:
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