HomeMy WebLinkAbout06 - Hoag Hospital Master Plan Update - PA2007-073CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
May 13, 2008
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
James Campbell, Senior Planner
(949) 644 -3210 jcampbelll e city. newport- beach,ca.us
SUBJECT: Hoag Memorial Hospital Presbyterian
Master Plan Update (PA 2007 -073)
One Hoag Drive, Newport Beach, California
■ Certification of Final Supplemental Environmental Impact Report
■ General Plan Amendment No. 2007 -005
• Planned Community Development Plan Amendment No. 2007 -001
■ Development Agreement Amendment No. 2007 -001
APPLICANT: Hoag Memorial Hospital Presbyterian
On April 22, 2008, City Council considered the adoption of two ordinances related to the
Hoag Master Plan update project. The Council continued the matter to allow additional
time to consider the ordinances given the various changes Council introduced at the
conclusion of the April 16, 2008 public hearing. The attached ordinances have been
prepared in an underline /st&eeut format to better assist in their review.
RECOMMENDATION
1) Adopt Ordinance No. 2008 -9 approving Planned Community Development Plan
Amendment No. 2007 -001; and
2) Adopt Ordinance No. 2008 -10 approving Development Agreement Amendment
No. 2007 -001.
DISCUSSION
The modifications to the Development Agreement amendment are:
1. Scheduling future Annual Reviews in April
2. Annual noise compliance reports
3. Hoag payment of administrative costs for conducting Annual Reviews and the
reimbursement of costs for the preparation of the Fluor Enterprises reports.
Hoag Master Plan Update
May 13, 2008
Page 2
4. Reimbursement of costs to install groundcover and irrigation to an approximately
0.47 acre, unimproved portion of Sunset View Park
5. Implementation of Option #4 to reduce heat rejection at the cogeneration plant
cooling towers between November through April during specific atmospheric
conditions.
The modifications of the PC Text were:
1. Change to the definition of entitlement gross floor area requested by Hoag.
2. Change to require landscaping of rooftop parking or parking structures.
3. Inclusion of landscape provision and exhibits to mandate the installation and
maintenance of additional landscaping in the Lower Campus (parking lot trees,
Coast Highway landscape screen, etc.)
4. Expansion of the Site Plan Review hearing process to include the replacement of
cooling towers or any project that could generate emissions that could cause
odors, air quality impacts or impact visual resources. This process requires a
finding that these projects conform with the goals and objectives of the General
Plan, Development Agreement, PC Text. Additionally, they must be found
compatible with the community character and potential impacts would need to
be mitigated.
Prepared By:
0-W ca4�!121, 4 �
James Campbell, Senior Planner
ATTACHMENTS
Submitted by:
W
David � n �- b
1. Ordinance No. 2008 -9 approving Planned Community Development Plan
Amendment No. 2007 -001
2. Ordinance No. 2008 -10 approving Development Agreement Amendment No.
2007 -001
ATTACHMENT]
ORDINANCE NO. 2008 -9
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
Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update
that would apply to the 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 Amendment 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
WHEREAS, the City Council finds that:
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, an adjacent residential
community.
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
1W
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 -27, 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
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
5
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 Amendment 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
MAYOR
ATTEST:
CITY CLERK
A
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008 -10
Apri-1�2Mak 13, 2008
FINAL_Hoa&-PC 04180W)OC
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Hoag Memorial Hospital Presbyterian Planned Commundy Development Criteria and Disftwt Regalatlons
TABLE OF CONTENTS
FINAL_Hoag_ 04I808a.DDC
11
Page
Number
I.
INTRODUCTION
1
II.
GENERAL NOTES
2
III.
DEFINITIONS
3
IV.
DEVELOPMENT PLAN
5
V.
DISTRICT REGULATIONS
10
VI.
HOAG HOSPITAL SIGN PROGRAM
21 .
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
LIST OF EXIIIBITS
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
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Page
Number
I.
PLANNED COMMUNITY SITE AND BOUNDARY MAP
7
2.
VEHICULAR ACCESS
8
3.
DEVELOPMENT CRITERIA
14
4.
PROPOSED SOUND WALL LOCATION PLAN
19
5.
LOADING DOCK AREA LOCATION
20
6.
LANDSCAPE MATRIX
32
7.
LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN
33
S.
COAST HIGHWAY LANDSCAPE SCREEN
34
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL_Hoag—K 04)808a.DOC
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Hoag Memond Hospital Presbyterian Planned Coaunaaity Development Criteria and District Regulations
L INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital - related uses: The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
FINAL_Hoau-PC 0 I8a8a.DOC
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
H. GENERAL NOTES
Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K-4
and K -5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire Department.
Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances .may exceed the
building height limitations as defined in these district regulations.
S. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
envAL_xoag_PC 0419QSaDOC 2
Hoag Memorial Hospital Presbyterarn Planned Com»atnity Development Criteria and Dahict Regalattons
III. DEFINITIONS
Building Elevation:
I. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Enveloce: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Hei¢ttf: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet whisk measures
less than 10 feet from finished floor to ceiling and is not for
eecupansy;
As applied to new construction permits issued on or after August 13, 2002, area of a
building used .specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy; and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City of Newport Beach and all elements thereof.
Grade: For the purpose of determining building height:
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.)
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Are a: The landscape area shall include on -site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides:
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically- oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated
vehicular rights -of -way.
FINAL _Hoag__PC 041808a.DOC
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Hoag Memorial Hospital Presbytertan Planned Community Development Criteria and District Regulations
IV. DEVELOPMENT PLAN
erect Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, VehicularAceess, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital - related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit. the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
Hoag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR" The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Mager, Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH 01991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
FMA1, HOag_PC_o418OkDOC 5
H
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required. if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
FSNAL_Hoaa9_1`C_041808aDOC
15
UPPER CAMPUS
HOSMAL ROAD
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-- 100 0 100 200
Note: Building labeled forldentikatlon purposes only
SCALE: 1"200'
PLANNED COMMUNITY SITE AND BOUNDARY MAP
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
REVISED 01.22.08
'U"
LEGEND r r r � . Ar goA*D
} E r t
PRIMARY ACCESS (51GNAt.RED)
. 1 "{� NW001 �i NWtINPFEN�
1 "S i � .,\ STAVWUA6
SECONDARY ACCESS
wi
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SECONDARY DRWBNAYANDSERYICE
�. wonar,•aw�tauon � . t
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oaiaEi�u,�eN.Om3 ..+ �
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NORTH
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NOW BWJIJb gs labeled for IdenllRcallon puts m only
VEHICULAR ACCESS SCALE: i" -200
HOAG MEMORIAL HOSPITAL PRESBYIERIAN •
REVISED 01.22.18
8
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulattons
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET
As of the date of adoption.
2 Up to 225,000 square -feet can.be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL_Hoeg_P4C_0418084DOC
J
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existin
Remaining
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. &
67,228 sq. ft.
990,349 sq. & 2
a;
aW.
862,815 sq. ft.
577,889 sq. ft.
188,149 sq. ft.
389,740 sq. &
577,889 sq. ft.
d
O
a
1,618,164 sq. &
1,343,238 sq. &
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. &
O
F
As of the date of adoption.
2 Up to 225,000 square -feet can.be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL_Hoeg_P4C_0418084DOC
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses fisted under the five permitted use categories are not an exhaustive list. Other
hospital - related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing .
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(l)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u).
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
FiNAL_1i0ag_PC_041808a.00C
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Hoag Memorlat Hospital Presbyterian Planned Community Development Criteria and District Regulations
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(f)
Patient Relations
(g)
Social Services
(3) Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/Mechanical/Auxiliary Support and Storage
(d) Food Services
(e) Cashier
(f) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
0) Laboratory
(k) Medical Library
(1) Medical Records
(m) Pharmacy
(n) Parking Facilities°
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(5) Medical/Support Offices
" Parking structures or decks do not count toward square- footage
FINAL. Roa PC_041808aAOC
11
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a)
Critical Care
(b)
Emergency Department
(c)
Birthing Suites
(d)
Cardiology
(e)
Cardiac Care Unit
(f)
Intensive Care Unit
(g)
Mother/Baby Unit
(h)
Surgery
(i)
Laboratory
0)
Pharmacy
(k)
Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)5
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
s Does not count toward square - footage
FINAL_Hoag_PC 0418GUE)OC
12
Al
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two - hundred thirty -five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one-
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty -seven and
one -half (57.5) feet above mean sea level.
FINAL_noag_PC_041808a.DOC
13
�a
LEGEND
"SONTZONES
UPPER CAMPUS ZONES
TOWER ZONE- MAMUM BUILDING HEIGHT
235' ABOVE MEAN SEA LEVEL
MIDRISE ZONE. MAXIMUM BUILDING HEIGHT
140' ABOVE MEAN SEA LM
PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA
LEVEL, EXCLUSIVE OF ELEVATOR TOWER
LOWER CAMPUS ZONES
LOWER CAMPUS ZONE- SUB- AREASA, B,C,F, AND G- NO BUILDING SHALL
EXCEED THE HEIGHT OF THE EXISTING SLOPE OR THE
RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED
SUB -AREAS RAND E- MAXIMUM BUILDING HEIGHT
m"m OF Name 57.6 FEET ABOVE MEAN SEA LEVEL
HOW, AMt PROPOM CROM
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RAPE ftrom /-,�%
Note: Buildings labeled for Identification purposes only
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100 0
NORTH
100 200
SCALE:11-200'
evutorri
14
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
I st Floor: Up to eighteen (18) feet in -height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
.2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty -five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one - hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
I st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
RNAT _xoaF_PC_oai8a8a.DOC
15
�t4
Hoag Memorial Hospital Presbyterian Planned Comrmmity Development Criteria and District Regulations
2nd Floor, up to thirty -two (32) feet
building frontage shall be articulated in
2nd floor setback of fifty -five (55) feet.
in height: A minimum of 20% of the
such a manner as to result in an average
3rd Floor and above: A minimum of 201/6 of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty -five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two- hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one - hundred fifty (150) feet of West Coast Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Li htin
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
FINAL_1iaa�PC_041808a.DOC
16
�5
Hoag Memorial Hospital Presbyterian Planned Community Development Crltena and Dismd Regulations
G. Signs
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkine
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
I Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
FINAL_HoaL_PC_041808a.DOC 17
2�
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area Refer to Exhibit 5, Loading
Dock Area Location, for the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7 AM— 10 PM 10 PM — 7 AM
Daytime Nighttime
LN (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL _Hoag—PC 041808aDOC
18
a�
vy
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0
0-%000
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A
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x
CP
0 X
0
x
x
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(V)
SOUND WALL LOCATION PLAN V_V
VIVAU MEMORIAL HOSPITAL PRESBYTERIAN f T__��
AR1113,2008 0 40 so
EXHIBIT 4
4 .
LEGEND
EX!StJng Fence,._'.,
Property
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V llgh wall",
,110TE Sound Wallis appm)dmately 4jo Unear reet,
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..... . . ..
x
CP
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(V)
SOUND WALL LOCATION PLAN V_V
VIVAU MEMORIAL HOSPITAL PRESBYTERIAN f T__��
AR1113,2008 0 40 so
EXHIBIT 4
4 .
LEGEND
PROPUMUNEASIDEtinF[MINSECMM.L,DISTRICrREOUtATIONS
LOWWODOCKAREAASIDMnEDINSECnONNL2.,DI=CrREQULAPONS
LOWER CAMPUS
Not% iulkonpkwed forldomficaon wqmm only
LOADING DOCK AREA
filar
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UPPER CAMPUS
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NORTH
100 0 100 200
SCALE: V-200'
20
I
Hoag Memortal Hospital Presbyterian Planned Community Developmenl Crtlerta and District Regulations
VI. HOAG HOSPPPAL SIGN PROGRAM
A. Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on- building wall and ground- mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on- building, may be illuminated or non - illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110 -L.
For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double -faced primary identification ground- mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a' project
FINAL_Hoa&_PC 041808a.D0C
21
56
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main, entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall - mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single- faced, double- faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (1 1) feet average height above finished grade.
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building- mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
FntA1 S1oag-PC 04190M.UOC
22
3�
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VII.
A.
HOAG HOSPITAL PARKING REGULATIONS
General
Off - street parking for Hoag Hospital shall be provided on -site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a mannet which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
Use Category
Outpatient Services
Support
Administrative
Residential Care
Medical Offices
Inpatient
TABLE 2
PARKING REQUIREMENTS
Parking Requirements
2.31 spaces /1,000 square feet (1)
0.0 spaces/1,000 square feet (1)(2)
5.3 spaces/1,000 square feet (1)
1.0 spaces/1,000 square feet (3)
4.0 spaces /1,000 square feet (3)
2.35 spaces /1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
FINAL tLoag-PC 041e0aanoc
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3a
Hoag Menmrial Hospital Presbyterian Planned Comnwnity Development Criteria and District Regulations
VIII. HOAG HOSMAL LANDSCAPE REGULATIONS
A. General
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan e3ay -shall
include a concept for dite reefs -rooftop parking and *L —parking structures if
Proposed for the Lower Campus. Trees shall not be used, however planter boxes,
green roof treatments or trellis systems shall be designed to provide added visual
relief of rooftop parking or parking structures. All rooftop or top of parking
structure landscaping proposals shall conform to the building height limits
established in this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
I Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought - tolerant, non - invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over - watering.
8 Installation and maintenance of landscape screening and irrigation stems per
Exhibit #6 Exhibit #7 and Exhibit #8 All improvements shall be shown on
landscape and irrigation Mans to be reviewed and approved by the Plannine
Department and which shall be in substantial compliance with the Exhibits #6 #7
and 48 Hoag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
FINAL HoagPC_04I SOSaDOC
24
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
MOM
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring,, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
Plantings and irrigation are to be maintained in accordance with the approved
plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right -of- way /property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
FINAL_ Hoag_PC_041808a.DOC
25
�q
LU
FINAL_ Hoag_PC_041808a.DOC
25
�q
Hoag Memorial Hospital Presbyterian Planned Coma nity Development Criteria and District Regulations
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty -four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion. of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
shall also include sufficient additional landscaping to screen or soften the soundwall required.
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall r»a} -be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
FINAL_Hoag-PC _041808a.nOC 26
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IX. SITE PLAN REVIEW
6
The City Council finds that development on the West !'oast Highway fFent.. ^o of the Lose.
Campus of Hoag Hospital may have the potential to affect the aesthetics of the communjtvWest
NevVieFt area as viewed frafn sm—ounding arterial . The effect of this section is to
establish a Site. Plan Review requirement by the Planning Gemmnission for certain individual
projects ...
afti ulatien requirement,; F set c Fth in Sec4ien V.9.2. to insure that these projects conform
with the goals and policies ehjeetwes -of the General Plan, Provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub - section
F. The following, classifications of projects are subject to the Site Plan Review: and thA Masto
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
I . Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
3. Replacement of existing cooling towers.ceepE€e r
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained ^^ issamee of a gradin r t„aldi for
any new structure or the addition to an existing structure as outlined in Section IX A above. prior to
the issuance of a grading or building permit or issuance of an approval in concept for Coastal
Commission or Office of Statewide Health Planning and Development review. whist does net
FINAL_tioag_PC 041808aDOC 27
3
Hoag Memorial Hospital Presbyterian Planned Con minty Development Criteria and District Regulations
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off - street parking and off -street loading area landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off - street parking and
loading areas, the location of each parking space and loading space; and areas for
.turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans whenpecessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
S. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub - section A, in order to catty 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:
FINAL _Hoag_PC 041808a.DOC
28
31
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Reguladons
The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met. the Planning Director shall approve
the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity. .
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be final and effective twenty -one
(21) days following the Director's action thereon unless within the twenty -one (21) day appeal
twen -one (21) days after the Director's action on its own motion elects to review and act on the
action of the Director, unless the applicant consents to an extension of time The Planning
FINAL_Hoag—PC 041808a.DOC 29
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
l-d. 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 filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the, action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
W. Appal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council.
3-K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is foal.
l6L Expiration and Revocation of Site Plan Review Approvals
Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Plan
FINAL_Hoag_PC_041808adx)C
30
Hoag Memorial6ospilal Presbyterian Planned Community Development Criteria and Distrlct Regulations
Review are violated or if any law or ordinance is violated in connection there
with.
3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
FINAL-Hoag-K-041 SO&I-DOC
31
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LANDSCAPE MATRIX HOAG HOSPITAL LOWER CAMPUS Prepared 4115/2005
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Hoag Memorial Hospital Presbyterian
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Exhibit #8
33
South
Ut,y BLlve
04/14/2008
ATTACHMENT 2
ORDINANCE NO. 2008 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND HOAG
MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT
AGREEMENT AMENDMENT NO. 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
Amendment 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, In 1994, the City and Hoag Memorial Hoapital Presbyterian entered
into a .Development Agreement that provides for the orderly use and development of the
Property while providing public benefits; and
WHEREAS, Newport Beach Municipal Code Section 15.45.040 requires that
development agreements include the term, permitted uses, density and intensity of
development, maximum height and size of proposed buildings, and provisions for
reservation or dedication of land for public purposes; and
WHEREAS, as part of its application, Hoag Memorial Hospital Presbyterian
requests approval of an amendment to the Development Agreement to allow
modifications to the use and future development on the Property; and
WHEREAS, the amended Development Agreement was prepared and is
attached as Exhibit "A.°
WHEREAS, during the term of the amended Development Agreement, Hoag
Memorial Hospital Presbyterian shall have a vested right to develop the Property
subject to the terms and conditions of the amended Development Agreement, the
provisions of the Hoag Memorial Hospital Presbyterian Planned Community
Development Criteria and District Regulations and the California Environmental Quality
Act (CEQA); and
WHEREAS, Hoag Memorial Hoapital Presbyterian has agreed to provide public
benefits as consideration for the amendment of the Development Agreement, including
the payment of three million dollars ($3,000,000).for City public facility improvements,
designation of the City as the point of sale for hospital purchases; 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
�5
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 15.45 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
WHEREAS, the City Council has reviewed and considered the information in the
amended Development Agreement and in the full administrative record, and found that:
1. The Development Agreement Amendment is entered into pursuant to, and
constitutes a present exercise of, the City's police power.
2. The Development Agreement Amendment is in the best interests of the health,
safety, and general welfare of the City, its residents, and the public.
3. The Development Agreement Amended is. compatible with the objectives, policies,
general land uses, and programs specked 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
4
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. The Development Agreement Amendment is consistent with Newport Beach
Municipal Code section 15.45.040 and includes all the contents required for
development agreements by the City of Newport Beach.
5. The Development Agreement Amendment is consistent with provisions of state law
(California Government Code Sections 65864 - 65869.5) and local law (Municipal
Code chapter 15.45) that authorize binding agreements that: (i) encourage
investment in, and commitment to, comprehensive planning and public facilities
financing; (ii) strengthen the public planning process and encourage private
implementation of the local general plan; (iii) provide certainty in the approval of
projects in order to avoid waste of time and resources; and (iv) reduce the economic
costs of development by providing assurance to the property owners that they may
proceed with projects consistent with existing policies, rules, and regulations. More
specifically, the Development Agreement Amendment is consistent and has been
approved in accordance with provisions of California Government Code Section
65867 and Municipal Code Chapter 15.45.
6. 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 Guidelines §15163, provided
clarifications to the EIR and project, and was distributed before Final EIR No. 142
was certified.
7. 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
Considerations contained within Resolution No. 2008 -27, which are hereby
incorporated by reference.
q,1
8. The Development Agreement Amendment provides significant public benefits to the
City of Newport Beach.
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, attomeys' 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: The amendment of the existing Development Agreement between
Hoag Memorial Hospital Presbyterian and the City of Newport Beach (Development
Agreement Amendment No. 2007 -001) is approved.
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
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 Development Agreement Amendment 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) Planned Community Development Plan Amendment
No. 2007 -003.
4�
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
MAYOR
ATTEST:
CITY CLERK
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
EXEMPT FROM FILING FEES CAL. GOVT CODE & 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
/_30117
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864 - 65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved Ajwi142May 13, 2008
Ordinance No. 2008 -10
FINAL_Amendmemto Restated DevelopmmtAgreementNo 5.Doc
SU
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
( "Amendment ") is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag ").
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
1.9 Hoag Property. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit `B"
(the "Property ").
1.10 Hoag Healthcare Services. Hoag is a modern, state -of-
the -art acute care, not - for -profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag Community Benefit Programs. In addition to
providing state -of -the -art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
burnoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through disease prevention and wellness and health .
promotion, especially for those vulnerable and disadvantaged
populations.
1.12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ( "City Council ") certified the Hoag Hospital
FINAL _Amendmentto Restated De elopmentAgreementNo 5.DOC 1 ,[
Master Plan Final FIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ( "Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
( "P.C. Text ") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage of Buildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1.14 Development Agreement No. 5. On May 26, 1992, the
City Council adopted Ordinance No. 92-4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63- 0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94 -8 approving
an Amendment and Restatement of Development Agreement No. 5
( "Restated Development Agreement ") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 94- 0207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002 -17 approving the First
Amendment to the P.C. Text to provide that certain non - occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
L 17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
FINAL Amendment to Restated DevelopmentAgreementNo S.DOC 2 /5
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated Development Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ( "P.C. Text') to, among
other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ( "FAR ") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's; an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577;889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to. modify the noise standards
applicable to the Property;
(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
FINAL_Amendmmuo Restated DevelopmentAgreementNo U)OC 3 '
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Planning Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5, 1991, January 9, 1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 1. 1,
1992. The Planning Commission, after giving appropriate 'notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a.public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16, 2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94 -8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On
APFA-22-May 13, 2008, the City Council adopted Ordinance No.
2008 -10 approving this Amendment and authorizing the City to enter
into this Amendment. The adopting ordinance will become effective
on M�2June 12 2008."
FINAL _Amendtnmtto Restated Develops tAgree tNo 5.DOC 4
3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94 -8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008 -10
adopted on A2May 13, 2008 by the City Council, which
approved and authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
2.2 "Agreement" refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "EIR" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows'
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit "C "), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
FINAL_Amendmentto Restated DevelopmentAgreememNo 5.DOC 5 ��
fully addressed in the EIR. Subsequent environmental documentation
is, required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
40-.11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of buildings
constructed in comparison to the anticipated views as depicted in the
EIR. Hoag shall be found in compliance with this Agreement unless
the City Council determines, based upon the evidence presented at the
Annual Review, that Hoag has not complied with all mitigation
measures and conditions including those imposed as a result of
subsequent environmental analysis, applicable to the grading of, or
building on, the Property as of the date of the Annual Review. Hoag
FINAL—Ai dn=tto Restated DewlopmentAgmememNo 5.DOC b
shall pay the City administrative costs incurred in conducting Annual
Reviews. Hoag shall reimburse the City for costs incurred by the City
associated with Fluor Enterprises' review of the cogeneration plant
during the 2008 Annual Review."
44-12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things, the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
4-2:13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one -half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one -half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
FINAL _Amendmentto Restated Developmen[Agmem tNo 5.DOC 7 ��
this Amendment or at the time of issuance of the first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit "C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ( "Priority Public Improvements ").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
fiords to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee .($1.5 million) and
any fiords remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
4-1,.14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales /Use Tax Origin, to read as follows:
"83 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales /use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
FINAL_Amendmentto Restated DevelopmentAgr mentNo S.DOC 8 ��
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filing the tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of $100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
tax to the City. Upon request of the City, Hoag will
provide City on a semi - annual basis with a list of
purchases exceeding the $100,000 threshold.during
the preceding six -month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
FINAI._Amendmemm Restated DevelopmentAgreementNo 5.DOC 9 59
City. The City agrees to review the semi - annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share of sales /use tax payments
in future periods."
15. A new section. Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset View Park Improvements, to read as follows:
"8.4 Hoag shall reimburse the City p to $150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the coifeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
16. A new section, Section 8.5 shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energv Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenfrrig—cogeneration plant and cooling tower
operations: The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat resection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
daily hetween November 1st and April 30th, between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC 10 0
temperatures are equal to or less than 55 degrees
Fahrenheit.
Ib:17. Section 11. I (c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 86 Floor
P.O. Box 19613
Irvine, CA 92713 - 9613"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614 - 7321"
17z I8. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
"11.17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any aid all claims., demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
FINAL _Amendment to Restated DeveiWtaentAgreementNo 5.DOC 11 61
provisions set forth in this condition. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
4 -8-19. Exhibit C of the Restated Development Agreement shall incorporate the Fast
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008 -10
May 13,2008"
4 -9-20. Except as provided for in this Amendment and not. otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
28:21. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
222. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page follows]
FINAL _Amendmmtto Restated DevelopmentAgmementNo 5.DOC 12 `^
W�
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney,
CITY:
THE CITY OF NEWPORT BEACH, a municipal
corporation of the State of California
By:
Edward D. Selich, Mayor
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public
benefit corporation
IN
Richard F. Afable, M.D.
President and CEO
(All Signatures to be Notarized)
FINAL_Amendmentto Restated DevelopmentAgreementNo S.DOC
13 0
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me,
a Notary Public in and for
said County and State, personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is/are)
subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL] .
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he /she/they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
PINAL_Amendmentto Restated DevelopmentAoreementNo 5.DOC 14 !_Y
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he /she /they) executedthe same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
FINAL _Amendmemto Restated DevelopmentAgeementNo 5.DOC 15�
EXHIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City of Newport Beach, County of Orange,
State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block I of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 of Miscellaneous Maps, Records of Orange County,
California.
Parcel 2:
That portion of Lot 172 in Block I of Irvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
FINAL_Amendmentto Restated DevelopmentAg=ment No S.DOC A -1 ��
u�
' � 3
4 '
upper comprrs a
Y�
0 * R I
r .
� It
tow - I, Y
% /dam i PARCEL t
to AV
sow It
( nax y`4 aaaesf 1 r4
..
8iK J Al a "
Lawer Campus to
PARCEL 2
04 tow.
reams , -t O e MOWN a t xrm w.
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted Apr4l32Mav .13, 2008
Ordinance No. 2008 -9
Effective May 22June 12. 2008
FINAL _Amendntentto Re tatedDevelopmentAgcementNo 5.DOCC-2 In�
Y
Memo
To: Mayor and City Council
From: James Campbell, Senior Planner
Date: May 13, 2008
Re: Agenda Item No. 6
Hoag Memorial Hospital Presbyterian
Master Plan Update
On April 16, 2008, the City Council and Hoag agreed that annual noise monitoring
would be required as part of the annual compliance review of the Development
Agreement. The following highlighted provision was inadvertently left out of the draft
amended Development Agreement and is suggested for inclusion.
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation measures
contained within the mitigation monitoring plan. The report shall also
include a noise regulation compliance assessment that includes noise
measurements prepared by a qualified noise consultant on a yearly basis.
The noise assessment shall identify noise regulation compliance issues and
recommended measures to abate any noncompliance. The report shall
include an analysis of the view impacts of buildings constructed in
comparison to the anticipated views as depicted in the EIR. Hoag shall be
found in compliance with this Agreement unless the City Council
determines, based upon the evidence presented at the Annual Review, that
Hoag has not complied with all mitigation measures and conditions
including those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as of the date of
the Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for costs
incurred by the City associated with Fluor Enterprises' review of the
cogeneration plant during the 2008 Annual Review."
"RECEIVEP AFTER AG
PRINTED:$# S
Mr. James Campbell
Planning Department
City Hall, Newport Beach, CA
via hand delivery
Dear Mr. Campbell:
May 12, 2008
6
Thank you for your time two weeks ago at our meeting. At
the time, I asked the question as to what requirement is
being considered by City Council regarding a concomitant
forfeiture of acreage along Coast Highway if Hoag's request
of transfer of 225,000 sq. ft. of previously approved
building rights along Coast Highway is transferred to their
"upper campus."
It was my understanding that you stated that there is no
provision even before the City Coucil to require this.
As we discussed, the transfer will free up a few acres along
Coast Highway which will then no longer be buildable my Hoag
because of the loss along Coast Highway when Hoag transfers
their building rights to the "upper campus."
Since the Coast Highway property was Cal Trans property, it
was owned by the citizens of the State of California.
Through City zoning practices, Hoag bought the property far
below what would have been fair market value, but for those
practices. Therefore, if it will not be used by Hoag, it
cannot be justice for those taxpayers to ignore the
ramifications of the transfer of building rights.
Further, of course, the taxpayers and citizens of orange
County lose significantly because that Coast Highway
property is pretty much off the property tax rolls because
of Hoag's non - profit status.
I would appreciate a written answer from you, or your
designee, if I have misunderstood that there is no provision
for a concomitant forfeiture (or any other result) from
Hoag's Coast Highway property if their request for the .
225,000 sq. ft. transfer of building rights is approved.
Thank you.
Yours truly,
Rosemary C. Steinbrecher
100 Scholz Plaza, #112
Newport Beach, CA 92663
Mr. Tony Brine
Public Works Department
City Hall, Newport Beach, CA
via hand delivery
Dear Mr. Brine:
May 12, ZD08
1.3 Flit U: fi b
Thank you for your several short opportunities to speak with
you. At your suggestion, I read the entire Chapter 15 of
the Municipal Code through all its revisions, including and
especially the vast changes made in 1999, affecting the
present.
As you told me verbvally, Chapter 15, simplified, does
demand that the "Traffic Engineer" use "standard" industry
practices in determining the affect on traffic of a proposed
project. However, as I told you both verbally and in
writing, Newport Beach does NOT use standard practices if
standard is defined by any ofher beach community in Orange
County.
As I have stated, ALL beach communkities use beach season
traffic counts in considering development affected by
seasonal traffic, except Newport Beach, I know the 1999
revision of Chapter 15 now demands this count be ONLY taken
Feb. through May, Tues. - Thurs.
I need to know upon what the Traffic Engineer bases his
required "standard," and if the 1999 revision of Chapter 15
requiring all traffic counts Feb. through May was done upon
or against the recommendation of the Traffic Engineer.
Secondly, Chapter 15 requires, I believe, that the Traffic
Engineer respond to a specific project. Therefore, how can
the Traffic Engineer respond to the current proposal of Hoag
Hospital to transfer 225,000 sq. ft from Coast Highway to
its "upper campus ?" I was at all original planning
commission meetings, and Hoag's representative Ms. McDermott
specifically stated that Hoag did NOT want to state
absolutely what they would do with their transferred
rights. Only after some duress from a Commissioner did a
director of their Board state they thought they probably
would build a critical care center, but only maybe.
These two points seem to
EIR. I would appreciate
seriously make questionable the
your answer in writing. Tha k you.
Rosemary C Steinbrecher
100 Scholz laza, #112
Newport Beach, CA 92663
MAY -12 -2008 MON 01;35 PM JDT&P IRVINE primary FAX NO. 9497520597
P. 02
Jackson l DeMa= I Tidus "RECEIVED AFTER AGENDA
Pe(*enpaugh, PRIMED:' :LUP 143 -rte
A L A W C O R P O R A T I O N
May 12, 2008 Direct Dial: 949.851.7409
Email: mstapleaCNdtplaw.com
Reply to: Irvine Office
File No: 6014/46474
VIA FACSIMILE A" OVERNM EXPRESS -°
City Council —
City of Newport Beach
3300 Newport Beach Boulevard _
Newport Beach, California 92663
Re: May 13, 2008 City Council Agenda Item No. 6 (Hoag Hospital Project)
Dear Honorable Mayor and City Council Members:
Our firm represents Villa Balboa Community Association ("Villa Balboa'. On behalf of
Villa Balboa, we respectfully request that the City Council take off - calendar Agenda Item No. 6
for the May 13, 2008, City Council meeting, and continue its final approval of the Hoag Hospital
Master Plan Amendment ("Project ") and Supplemental Environmental Impact Report ( "SEIWI
to a later date to allow sufficient time to seriously consider and mitigate the Hoag Project's
adverse impacts, and properly condition any approval to feasibly mitigate these adverse impacts.
As discussed in our previous comment letters and testimony related to the Pmject, the
City has failed to impose feasible mitigation measures, resulting in significant and unmitigated
noise, emissions, cooling tower plumes, and fighting/glare impacts, from the Project's
cogeneration plant, loading dock, child care center, and lower campus parking lot. If the Project
is approved as proposed, the noise impacts from the cogeneration plant, which have not even
been measured subsequent to installation of the fourth cooling tower, will not be mitigated. The
noise from the loading dock will be so bad that, even with the approved mitigation measures, it
will exceed the City's Noise Ordinance, rendering the nearby Villa Balboa units uninhabitable.
The plumes emanating from the cogeneration plant's cooling towers will continue to obstruct
public views, unabated, during most of the year. The cogeneration plant's emissions plumes,
which have not been evaluated, will continue unmitigated.
Despite all of this, the City is proposing to approve Hoag's Project without complying
with the laws that are supposed to ensure reasoned decision making and protection of the
affected community. The following continents supplement Villa Balboa's prior, written
comments and oral testimony on the Project.
1. The City Has Not Adequately Described or Analyzed "Option 4."
On the day of the April 16, 2008, City Council hearing, Hoag proposed to implement
"Option 4" as a method to reduce the cogeneration plant's cooling tower plumes. Option 4 was
Irvine office Westlake Village Office
2030 Main Street, Suite 1200 2815 Townsgate Road, Sub 200 www.idtplaw.com
InAne, Calffomla 92614 Westlake Village, Califomia 91361
t 949.752.8585 f 949.752.0597 t 805.230.0023 f 605.230.0087
MAY -12 -2008 MON 01:36 PM JDT&P IRVINE Primary FAX NO. 9497520597 P. 03
Newport Beach City Council
May 12, 2008
Page 2
not among the options evaluated by the City's consultant, Fluor Corporation ("Fluor"), and was
not provided to the public prior to the hearing. Nevertheless, the City Council approved Option
4 as the sole mitigation for the significant visual impacts caused by the cogeneration plant's
cooling tower plumes.
Following the April 16 hearing, in an attempt to evaluate Option 4, we requested that the
City provide a copy of all documents that relate to Option 4. In response, the city provided a
short summary of Option 4 (copy attached) and told us that there were no other documents
describing Option 4. The cursory summary provides no information to substantiate the
operational changes, mitigation estimates, or cost projections, and no information for the City
and the affected public to monitor and enforce Hoag's compliance with the measures. In short,
the City Council's approval of Option 4, and rejection of other plume abatement mitigation
measures evaluated by FIuor, is not supported by any evidence in the record.
Additionally, in adding Option 4 to the Development Agreement, the City limited the
operational changes to a five -month period, from November 1 through April 30, even though
evidence was presented that Hoag's cooling tower plumes destroyed public views of fireworks
from Sunset View Park on the Fourth of July. Even if Option 4 is the only feasible mitigation
measure for the cooling tower plume impacts and can be implemented in an intelligible manner
(both of which Villa Balboa disputes), it would not mitigate the visual impacts to the maximum
extent feasible, as required by the California Fnvironmental Quality Act ( "CEQA'J.
2. The S e—Pl n Review Process is Inadequate.
The Site Plan Review Process amendments proposed in Section IX of the Planned
Community Development Criteria and District Regulations ( "PC Text ") are inadequate to
prevent a repeat of the errors that resulted in the significant, unmitigated impacts caused by the
Hoag Project to date. The Site Plan Review process proposed by staff calls for only Planning
Director review of projects on the Hoag campus that could result in significant visual impacts,
emissions, or replacement of existing cooling towers.
During the April 16 City Council hearing, staff repeatedly stated that the City failed to
conduct the required environmental review before the cogeneration plant was constructed
because staff did not know about the potential cooling tower plumes. Senior Planner Campbell
explained that the City's planners were not qualified to determine the possibility that such
Plumes may be emitted. In light of Hoag's concealment of the cogeneration plant's potential
adverse impacts from both the City and the Coastal Commission before the cogeneration plant
was constructed, the Site Review Process must require Planning Commission review at a noticed
public hearing in order to increase the likelihood that all potential adverse impacts will be
identified and mitigated. Failure to do so will perpetuate a system that staff admits is flawed.
MAY -12 -2008 MON 01:36 PM JDT &P IRVINE Primary FAX NO, 9497520597 P. 04
Newport Beach City Council
May 12, 2008
Page 3
3. In Reviewing the Project, the City+ Council Applied an Incorrect Legal
Standard to the Cogeneration Plant.
In reviewing the Project's compliance with the Development Agreement and considering
the SEIR and Project approvals, the City Council incorrectly stated that it could not mitigate the
adverse noise, emissions, and cooling tower plume impacts caused by the cogeneration plant.
The City Council mistakenly concluded that Hoag had a "vested right" to maintain the
cogeneration plant, and that the cogeneration plant was not part of the existing Project approvals.
This is not the case.
The error of the City Council's conclusion is revealed by staff's and Hoag's own
testimony. For example, at the April 16 City Council hearing, Mr. Campbell discussed another
structure that was constructed on the Hoag campus without the appropriate City approval. In that
case, the City required Hoag to remove the facility. The City has the same authority to require
removal or mitigation of the cooling tower plumes that were constructed in violation of the
environmental review requirements of CBQA and the Development Agreement. Additionally,
when Hoag objected to Councilman Rosansky's request to revise the PC Text to require City
review of any project on the Hoag campus that will emit visible emissions, Hoag's attorney
stated that the existing language of the Development Agreement is adequate to prohibit visible
emissions without first obtaining City review and approval. (See Minutes of 4116/08 City
Council meeting).
Hoag's cogeneration facility plainly violates the Development Agreement. Hoag has no
"vested right" to maintain and operate the cogeneration plant in its current condition. In fact, the
City Council has authority to unilaterally revoke the entire Development Agreement as a
consequence of the violation. (Gov. Code, § 65865.1.)
The City Council incorrectly concluded that it lacked legal authority to mitigate the
cogeneration plant's adverse environmental impacts over Hoag's objection. As a result of the
City Council's error, the City imposed only those measures that Hoag would agree to. The
recommended Project approvals fail to mitigate the noise, emissions, and cooling tower plumes
to a below significant level. Instead of carrying out the City's obligation to impose all feasible
mitigation measures to reduce adverse impacts to a below significant level, the City simply
revised the proposed ordinances approving the Project to enhance Hoag's indemnification
obligations to the City. We appeal to the City Council to properly exercise its legal authority for
the benefit of the Newport Beach community adversely affected by Hoag's Project.
4. Conclusion.
The affected public has been failed by the City's proceedings on Hoag's Project. There is
no substantial evidence to support the City Council's findings in support of the SEIR
certification, project approval and statement of overriding considerations. On behalf of Villa
Balboa, we respectfully request that the City Council take Agenda Item No. 6 off calendar and
continue its final approval of the Project off - calendar to allow the time necessary to seriously
MAY -12 -2008 MON 01 :36 PM JDT &P IRVINE primary FAX NO, 9497520597 P. 05
Newport Beach City Council
May 12, 2008
Page 4
evaluate the Project's adverse impacts and properly condition any approval to mitigate those
impacts to the maximum extent feasible.
Failure to do so exposes the City to having its approvals overtumed, and risks inverse
condemnation and other liability for residences within Villa Balboa rendered uninhabitable by
the Project's unmitigated noise and other impacts. Hoag may be responsible for reimbursing the
City's .financial costs that result from approving the Project in violation of applicable laws, but
the wasted City resources including staff tune, and the damage to the public's confidence in its
elected officials cannot be recovered as easily.
Respectfully submitted,
JACKSON DEMARCO TIDUS & PECKENPAUGH
By:
Michele A. Staples
Attorneys for Villa Balboa Community Association
w/ Attachment
cc: Mr. Homer Bludau, City Manager*
Mr. Jim Campbell, Planning Department*
Robin Clauson, Esq., City Attorney*
Dennis D. O'Neil, Esq., Counsel for Hoag*
* Via Facsimile (w/ Attachment)
Consulting + Engineering + Technology + Construction
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Deduce the hospital's reliance
Southern California Edison.
> Keeping Hoag patients safe fro.m:. electric
outages
p ro H .
a Load Reduction - Duffing "prune plume`periods 7 Of
November through April, Hoag will implem ent and inaitain a; -
33% reduction in cooling tower heat rejection through.-a series. .
of load shifting operational process m6dificatioris:.
> Predicted Outcome - Engineers' esiunate .that .�zs:;aoad_
reduction sequence will result M a 30% reduction in plume
generation from current plume volume.
> Weather Station - Install a. commercial weather station .
adjacent to the cooling towers to monitor condition.. and'direct. .
operations when conditions are prime for visible plume,
specifically daylight Hours when the ainbient air,is cold and
humid.
Uption cont,
> Verification of Process - Provide city staff with written
annual reports of compliance utilizing data fi o n= the.. weather=
station combined with system operations data:.
Estimated Cost - Rough order of Ymagnitude:.cos%,:have been.
estimated at $500,000 in capital costs, plus ari anticipated
annual cost of $120,000 to $140,000 for increased. purchased
power from Southern California Edison.
Cooling Towers - No additional cooling towers- will be
installed on the lower campus.
i Kw- Flu] i IV %.Pau7G7 1 Iu 1 ICAIl1 1 1 -
> The condensation plume is only seen in
certain atmospheric conditions.
. when the air is cold and moist
e primarily in. winter months
Clarification of. o n Plume Abatemen id. P%
> Request for Bid for Equipment Prepurchase in 2001
• Was for a cogeneration plant to be located near the cancer
center that was never fully designed and was not built
• The existing Go -Gen was. designed in 2002
> During the design process for the current facility the.:-
>
design team considered multiple factors in "value
engineering" out the equipment.
Factors include
• Loss of energy
• Reduction in plant efficiency
• Increased noise
• No examples of plume abated cooling towers in coastal zone
• Significant cost
9 No guaranteed outcome
3 CELL OPERATION
(No Cond. Vt+atw Reset)
4 CELL OPERATION
(Approx. 5 deg. F Cond. Water Reset)
Fri,"
z'
Trend Data
DATE:
February :l4.2008 -
TIME; .
7M5 = 1:45Aw -; :- ..
WEATHER CONDITION&
Temperature:. :' 52:7 deg. F -. .
.. Rel. Humidity'_',: 5S °k RH
a.
Wind Spe6d,. :. 9 mph.
..
Wind Dlrection: NE
AVERAGE TOWER LOAD:
•
Test Duraflon:
30 minutes
•
Cond. Wafer Return Temp:
86.5 deg. F
•
Cond. Water Supply Temp:
78 deg..F
Cond. Water Flow.
. 8,211 GPM
..
Heat Reje.wbn:.`
34,900 MSH
Percent Capacity:
68%
3 CELL OPERATION
(No Cond. Water Reset)
4 CELL OPERATION
(Approx. 5 dog, 9 Cond. Water Reset)
w
Trend Data
DATE:
January g, 2008
TIME:
7:30 — 8-15 AM
WEATHER CONDITIONS'
Temperature. 52.4 dog. F
Rol. Hurhjdity: • 860/a RH.
Wind Speed-' Cahn.
Wind Direction: NIA
AVERAGE TOWER LOAD.
a
Test Duration.
45 minutes
0
Cond. Water Return Tamp:
84 deg, F
a
Cond. Water Supply. Tamp.
76.5 dog. F
4
Cond. Water Flow:'
8,386 GPM
0
Heat Rejection:
31,450 MBH-..
9
Percent Capacity:
61%
Option
Description
Approx
Thmailnsfar implementation
Opinlon of
No.
Reduction in
(rote 11
Probable
Plume
Construction
-
cost
.
(note 2)
.
1
Modify Cooling
10 -15%
Immediate
5200,ODD
. Increase In electrcai u0lMydeinand, consumption and cast
TowerOperatian
, Hospital "carbonfaotjttinl "- tncreesed.
(note 9)
A '
pprox. incremental insreasein ennual.ut)Itty cost of
operation: $12.000 {irote3j.'.. --,:- .
3
New Towerswmn
70%
Winter 2010- Requires
57.4- 9.3Million
: InlarruptionofutilityservieestoHospital
Plume lA igalion
recirculation of EIR, OSHPO
. Increased boiler emiselonsfroinPlant -
System
Permit. and Coastal
• .. - - '
Increase in noise level at properly Has-
(notes 8 acid 9)
Commission approval
-
> Cooling7ov�erhelgh (incressedtiyapprox..f0feat
'
- Increasein electrical otiiityddemand, consumption and cost
-
. Increase to natural 9" 8enmed, consunaptIon and costs
. Hospital" carbon foatprint°-Mpoased_ '
. Approx. Incremental increas@ In armuat utffity cost of
operation: $84,300 (note S).
3A
Air Cooled Has?
SM
Meister 2010 - Requires
$5.8 - 72 Ulfion
• Interruption of utility Samoa to Hospital
Exchanger System
recirculatian of EIR. OSHPO
• Requires aosddMona? striwttrre to be borM near PCH
(rotes 5 and 91
Permit. Coastal Commission
. Increase to noise leve( at properly Arse
approach and Callrws
encroachment enem CC'+al
. Increase In electrical utility demand, consumption and cost
• Hospital °earbonfootprinCTrereased
.Approx. Incremental Increase in annual u" cost ed '
opsratfon:4fi2,50D'(twte.6) -' ;: ' '
4
IdoftConen
30n
Immediate
3500400
= Increase in electrical uU)itydemand, cmnsornjtlon and coat
facft, Operations
(Incorporators
pnmrporates
= Increase in natand gas demand. consumption and costs
option 1 for a
mat corn OOm
: Hospital "carbon inotprinl" Increased. -
cumula#M
11
. Aprox. Incremental Increase In inmost uSily coat of
.
oparattorc 5120 .000 - 140.000 (note 7)-
Customer Service Initiative
1. Counter schedule
a) Associate Planners to be assigned shifts
b) Jay and Jim to be "on- call" supervisors at the counter
i) Alternating AMs and PMs
ii) Be physically present 1 -2 hours during each shift
iii) 3 month trial period, evaluate then adjust accordingly
2. Benchmarks
a) Senior staff will triage plan checks daily to prioritize and delegate
b) First plan check within 10 to 14 days
c) First recheck within 7 days
d) Second recheck within 3 days
e) To the maximum extent possible, return phone calls the same day
3. Provide ongoing general & professional training
a) Local Government — how is CNB organized — the Charter
b) Council and Planning Commission protocol
c) General Plan, LCP, Zoning, Subdivision
d) Other Municipal Codes
e) California Environmental Quality Act
0 Official Council Policies
g) Departmental policy and procedures
h) Other department's functions, personnel and process
i) Time management
j) Writing & grammar
k) Presentations
1) Budgeting
m) Supervision & Leadership
zoos
J. Campbell Page 1
Jackson l DeMarco l Tidus
Peckenpaugh
A LAW CORPORATION
May 12, 2008 Direct Dial: 949.851.7409
Email: msiaPles@jdtplaw.com
Reply toy Irvine Office ..
File No: 6014146474 -
VIA FACSIMILE AND OVERNITE EXPRESS
City Council
City of Newport Beach
3300 Newport Beach Boulevard
Newport Beach, California 92663
Re: May 13, 2008 City Council Agenda Item No. 6 (Hoag Hospital Project)
Dear Honorable Mayor and City Council Members:
Our firm represents Villa Balboa Community Association ("Villa Balboa "). On behalf of
Villa Balboa, we respectfully request that the City Council take off-calendar Agenda Item No. 6
for the May 13, 2008, City Council meeting, and continue its final approval of the Hoag Hospital
Master Plan Amendment ( "Project ") and Supplemental Environmental Impact Report ( "SEIR ")
to a later date to allow sufficient time to seriously consider and mitigate the Hoag Project's
adverse impacts, and properly condition any approval to feasibly mitigate these adverse impacts.
As discussed in our previous comment letters and testimony related to the Project, the
City has failed to impose feasible mitigation measures, resulting in significant and unmitigated
noise, emissions, cooling tower plumes, and lighting/glare impacts, from the Project's
cogeneration plant, loading dock, child care center, and lower campus parking lot. If the Project
is approved as proposed, the noise impacts from the cogeneration plant, which have not even
been measured subsequent to installation of the fourth cooling tower, will not be mitigated. The
noise from the loading dock will be so bad that, even with the approved mitigation measures, it
will exceed the City's Noise Ordinance, rendering the nearby Villa Balboa units uninhabitable.
The plumes emanating from the cogeneration plant's cooling towers will continue to obstruct
public views, unabated, during most of the year. The cogeneration plant's emissions plumes,
which have not been evaluated, will continue unmitigated.
Despite all of this, the City is proposing to approve Hoag's Project without complying
with the laws that are supposed to ensure reasoned decision making and protection of the
affected community. The following comments supplement Villa Balboa's prior, written
comments and oral testimony on the Project.
1. The City Has Not Adequately Described or Analyzed "Option 4:'
On the day of the April 16, 2008, City Council hearing, Hoag proposed to implement
"Option 4" as a method to reduce the cogeneration plant's cooling tower plumes. Option 4 was
Irvine Office Westlake Village Office
2030 Main Street, Suite 1200 2815 Townsgate Road, Suite 200 www.jdtplaw.com
Irvine, California 92614 Westlake Village, Califomia 91361
t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087
Newport Beach City Council
May 12, 2008
Page 2
not among the options evaluated by the City's consultant, Fluor Corporation ("Fluor "), and was
not provided to the public prior to the hearing. Nevertheless, the City Council approved Option
4 as the sole mitigation for the significant visual impacts caused by the cogeneration plant's
cooling tower plumes.
Following the April 16 hearing, in an attempt to evaluate Option 4, we requested that the
City provide a copy of all documents that relate to Option 4. In response, the City provided a
short summary of Option 4 (copy attached) and told us that there were no other documents
describing Option 4. The cursory summary provides no information to substantiate the
operational changes, mitigation estimates, or cost projections, and no information for the City
and the affected public to monitor and enforce Hoag's compliance with the measures. In short,
the City Council's approval of Option 4, and rejection of other plume abatement mitigation
measures evaluated by Fluor, is not supported by any evidence in the record.
Additionally, in adding Option 4 to the Development Agreement, the City limited the
operational changes to a five -month period, from November 1 through April 30, even though
evidence was presented that Hoag's cooling tower plumes destroyed public views of fireworks
from Sunset View Park on the Fourth of July. Even if Option 4 is the only feasible mitigation
measure for the cooling tower plume impacts and can be implemented in an intelligible manner
(both of which Villa Balboa disputes), it would not mitigate the visual impacts to the maximum
extent feasible, as required by the California Environmental Quality Act ( "CEQA ").
2. The Site Plan Review Process is Inadequate.
The Site Plan Review Process amendments proposed in Section IX of the Planned
Community Development Criteria and District Regulations ("PC Text ") are inadequate to
prevent a repeat of the errors that resulted in the significant, unmitigated impacts caused by the
Hoag Project to date. The Site Plan Review process proposed by staff calls for only Planning
Director review of projects on the Hoag campus that could result in significant visual impacts,
emissions, or replacement of existing cooling towers.
During the April 16 City Council hearing, staff repeatedly stated that the City failed to
conduct the required environmental review before the cogeneration plant was constructed
because staff did not know about the potential cooling tower plumes. Senior Planner Campbell
explained that the City's planners were not qualified to determine the possibility that such
plumes may be emitted. In light of Hoag's concealment of the cogeneration plant's potential
adverse impacts from both the City and the Coastal Commission before the cogeneration plant
was constructed, the Site Review Process must require Planning Commission review at a noticed
public hearing in order to increase the likelihood that all potential adverse impacts will be
identified and mitigated. Failure to do so will perpetuate a system that staff admits is flawed.
Newport Beach City Council
May 12, 2008
Page 3
3. In Reviewing the Project. the City Council Applied an Incorrect Leg!al
Standard to the Cogeneration Plant.
In reviewing the Project's compliance with the Development Agreement and considering
the SEIR and Project approvals, the City Council incorrectly stated that it could not mitigate the
adverse noise, emissions, and cooling tower plume impacts caused by the cogeneration plant.
The City Council mistakenly concluded that Hoag had a "vested right" to maintain the
cogeneration plant, and that the cogeneration plant was not part of the existing Project approvals.
This is not the case.
The error of the City Council's conclusion is revealed by staff's and Hoag's own
testimony. For example, at the April 16 City Council hearing, Mr. Campbell discussed another
structure that was constructed on the Hoag campus without the appropriate City approval. In that
case, the City required Hoag to remove the facility. The City has the same authority to require
removal or mitigation of the cooling tower plumes that were constructed in violation of the
environmental review requirements of CEQA and the Development Agreement. Additionally,
when Hoag objected to Councilman Rosansky's request to revise the PC Text to require City
review of any project on the Hoag campus that will emit visible emissions, Hoag's attorney
stated that the existing language of the Development Agreement is adequate to prohibit visible
emissions without first obtaining City review and approval. (See Minutes of 4/16/08 City
Council meeting).
Hoag's cogeneration facility plainly violates the Development Agreement. Hoag has no
"vested right" to maintain and operate the cogeneration plant in its current condition. In fact, the
City Council has authority to unilaterally revoke the entire Development Agreement as a
consequence of the violation. (Gov. Code, § 65865. 1.)
The City Council incorrectly concluded that it lacked legal authority to mitigate the
cogeneration plant's adverse environmental impacts over Hoag's objection. As a result of the
City Council's error, the City imposed only those measures that Hoag would agree to. The
recommended Project approvals fail to mitigate the noise, emissions, and cooling tower plumes
to a below significant level. Instead of carrying out the City's obligation to impose all feasible
mitigation measures to reduce adverse impacts to a below significant level, the City simply
revised the proposed ordinances approving the Project to enhance Hoag's indemnification
obligations to the City. We appeal to the City Council to properly exercise its legal authority for
the benefit of the Newport Beach community adversely affected by Hoag's Project.
4. Conclusion.
The affected public has been failed by the City's proceedings on Hoag's Project. There is
no substantial evidence to support the City Council's findings in support of the SEIR
certification, Project approval and statement of overriding considerations. On behalf of Villa
Balboa, we respectfully request that the City Council take Agenda Item No. 6 off calendar and
continue its final approval of the Project off - calendar to allow the time necessary to seriously
Newport Beach City Council
May 12, 2008
Page 4
evaluate the Project's adverse impacts and properly condition any approval to mitigate those
impacts to the maximum extent feasible.
Failure to do so exposes the City to having its approvals overturned, and risks inverse
condemnation and other liability for residences within Villa Balboa rendered uninhabitable by
the Project's unmitigated noise and other impacts. Hoag may be responsible for reimbursing the
City's financial costs that result from approving the Project in violation of applicable laws, but
the wasted City resources including staff time, and the damage to the public's confidence in its
elected officials cannot be recovered as easily.
Respectfully submitted,
JACKSON DEMARCO TIDUS & PECKENPAUGH
By:
Michele A. Staples
Attorneys for Villa Balboa Community Association
w/ Attachment
cc: Mr. Homer Bludau, City Manager*
Mr. Jim Campbell, Planning Department*
Robin Clauson, Esq., City Attorney*
Dennis D. O'Neil, Esq., Counsel for Hoag*
*Via Facsimile (w/ Attachment)
Consulting + Engineering + Technology + Construction
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_• Scope'ofWork � ' �"I ¢
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5L
,P,ronuide CogenPlant� vueather. station (Option,1) -
•Procure and mstallla commercial"weather station of a,quality;capab eTof identifying
a1m "INEint,conditions necessary in documenting cogen and cooling tower operations „
Said
-;Sys e m- to be tied..into fhepla"riticontrols in o;rd'er togm'`aximize automatic-
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responses to.,p`revailing_weather conditions, assstingG }iFnLmanagimgrtheo.perational
changes?a'ndt`load shifting, as well as providing "repports� a regulgt -i, asis 5
Operate tfe Cogen ~I?Iant in a thermal load' fo lowiingmanner us base -load
manner. .
a L4 Stage engine generators and absorption lchillersioffl'Iri�', ?. {reduce capacity Hof rryF
eXistmg engines 33 °l0: redu.ction of load) In advanceY °ofio plMelconditions" m a t
a`nticipafion-of a-targot 30 %0. reduction in plume °j,v,.o,
✓d�-� IFI x v'` LPP, 1 I1111r'zi
i aytime hours imple-rnented during'wir ier most is,yfrom4 Nou 1j ttorApri 3'0
(Set °p.o.ints < 55 ;degrees Fahrenheit and 55 %,re,latiue; humidity) Set points .
to be available for loperator adjustment based) on 'current cond'i.tioi�s :anal
hlst'orical data.
Documentation, of compliance report will be provided by Hoag annually.
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Transition of Inpatient Pediatric Care to
Children's Hospital of Orange County (CHOC)
O &A
O: Is it true that Hoag is closing its Pediatric Unit?
A: Yes, Hoag will be closing the inpatient pediatric unit and transferring inpatient
pediatric care to CHOC effective April 1, 2008.
O. Why?
A: We strive to provide the highest quality services to our community and
understand that inpatient pediatric services may not be provided with the same
capabilities that exist in our care of adults. Our Pediatric Unit maintains an
average census of 1.5 patients daily, with many days in which no children are on
the unit. We recognize that quality has much to do with volume and experience,
so partnering with CHOC ensures children in our community will receive the
highest level of care available.
O: Will Hoag still treat children?
A: Children will not be turned away from Hoag's Emergency Department (ED),
and outpatient procedures will continue to be scheduled at Hoag's outpatient
surgery locations (James Irvine, Hoag Outpatient Surgery Centers). However,
inpatient care for pediatric patients will no longer be available. Hoag and CHOC
will be working collaboratively to transfer patients in need of inpatient care to
CHOC, most commonly in Orange but occasionally to Mission Viejo as well.
Additional CHOC transport teams have been added to accommodate transfers
from Hoag.
O: What medical services will be made available to children because of the
new Hoag -CHOC relationship?
A: The coastal Orange County community will benefit from several Hoag -CHOC
initiatives that are in progress as part of the expanded partnership: in fall 2008, a
CHOC sub - specialty clinic will open at Hoag Health Center - Newport Beach with
specialists in diabetes, endocrinology, orthopedics, asthma, cardiology, urology,
neurology, general surgery, hematology and gastroenterology. A pediatric urgent
care facility, Urgi -Kids, will also open at Hoag Health Center - Newport Beach. The
telemedicine robot will continue to provide remote access to pediatric critical care
specialists in our ED.
O: What will Hoag do with the pediatric unit space?
A: The rooms will continue to serve as overflow beds for inpatient medical and
surgical patients as they are currently used now.
O: How will Hoag nursing staff be affected?
A: Because the unit is often without patients, it is not regularly staffed. Nurses
who have worked on the pediatric unit split their time in other patient care areas
and have been reassigned.
Q: How will the closure affect pediatricians affiliated with Hoag?
A: Hoag - affiliated pediatricians are aware of the partnership and have been
working closely with both hospitals to ensure that the continuum of care is
seamless between care providers.
Q: How extensive is Hoag's relationship with CHOC?
A: Hoag has always enjoyed a collaborative relationship with CHOC. At present
CHOC physicians staff and administer Hoag's neonatal intensive care unit
(NICU). CHOC provides NICU staff with educational and consultative resources
in the areas of pharmacy, respiratory therapy, nursing and nutrition. The Hoag -
CHOC expanded partnership will now extend from the ED to an outpatient sub-
specialty clinic and pediatric urgent care center that will be located in Hoag
Health Center - Newport Beach later this year.
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\} Published Wednesday, March 26, 2008 9:42 PM PDT
�( Business
l Hoag to cede young patients to CHOC
Jy Hoag Memorial Hospital Presbyterian plans to phase out its inpatient services for children in
April, but the Newport Beach hospital will also instate new services to bolster its pediatric
care program.
Richard Afable, the president and chief executive of Hoag, said the hospital would divert its
X inpatient services for children younger than 16 to Children's Hospital of Orange County,
I j better known as CHOC. Hoag has only nine beds for children, and Afable said only one or
two of them are usually filled at any given time.
The great majority of inpatients from our community are already being cared for at CHOC
and have been for a long time, so that's the first thing that needs to be known,” said Afable,
also a physician.
1 }� The hospital has set April 1 as a date to stop admitting inpatients younger than 16, but
Afable said none already at Hoag would be transported to CHOC locations; any young
J patients will remain at Hoag for the duration of their treatment.
In the meantime. Hoag plans to bring in new services for children, including specialty
.� physicians, urgent care services and emergency room physicians who perform telemedicine
services by remote.
"These are highly sought -after services that cities of 85,000 usually do not have," Afable
said.
— Michael Miller
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
April 22, 2008
Agenda Item 6
SUBJECT: Hoag Memorial Hospital. Presbyterian
Master Plan Update (PA 2007 -073)
One Hoag Drive, Newport Beach, California
Certification of Final Supplemental Environmental Impact Report
General Plan Amendment No. 2007 -005
Planned Community Development Plan Amendment No. 2007 -001
Development Agreement Amendment No. 2007 -001
APPLICANT: Hoag Memorial Hospital Presbyterian
CONTACT: James Campbell, Senior Planner
(949) 644 -3210 icampbelll(a)-city.newport- beach.ca.us
• On April 16, 2008, after a public hearing, the City Council certified the Supplemental
Environmental Impact Report and approved Hoag's application to amend the General
Plan, Hoag Memorial Hospital Planned Community Development Plan, and
Development Agreement. The Council made several modifications to the Planned
Community Development Plan and Development Agreement amendment they have
been incorporated within the attached ordinances.
RECOMMENDATION
A) Adopt Ordinance No. 2008 -9 approving Planned Community Development Plan
Amendment No. 2007 -001; and
B) Adopt Ordinance No. 2008 -10 approving Development Agreement Amendment
No. 2007 -001.
DISCUSSION
The modifications to the Development Agreement amendment are:
1. Scheduling future Annual Reviews in April
2. Annual noise compliance reports
• 3. Hoag payment of administrative costs for conducting Annual Reviews
Hoag Master Plan Update
April 22, 2008
Page 2
4. Reimbursement of costs to install groundcover and irrigation to an approximately •
0.47 acre, unimproved portion of Sunset View Park
5. Implementation of Option #4 to reduce heat rejection at the cogeneration plant
cooling towers between November through April during specific atmospheric
conditions.
The modifications of the PC Text were:
1. Change to the definition of entitlement gross floor area requested by Hoag.
2. Change to require landscaping of rooftop parking or parking structures.
3. Inclusion of landscape provision and exhibits to mandate the installation and
maintenance of additional landscaping in the Lower Campus (parking lot trees,
Coast Highway landscape screen, etc.)
4. Expansion of the Site Plan Review hearing process to include the replacement
ofcooling towers or any project that could generate emissions that could cause
odors, air quality impacts or impact visual resources. This process requires a
finding that these projects conform with the goals and objectives of the General
Plan, Development Agreement, PC Text. Additionally, they must be found
compatible with the community character and potential impacts would need to •
be mitigated.
Prepared By: Submitted by:
6fi .
a es Campbell, Senior Pla ner David Lepo, I ning Director
EXHIBITS (in the order they are referenced within the report)
1. Ordinance No. 2008 -9 approving Planned Community Development Plan
Amendment No. 2007 -001
2. Ordinance No. 2008 -10 approving Development Agreement Amendment No.
2007 -001
•
Exhibit #1
• ORDINANCE NO. 2008 -9
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
Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update
that would apply to the 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 Amendment 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
WHEREAS, the City Council finds that: •
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, an adjacent residential
community.
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
• 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 -27, 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
specked 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
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 Amendment 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
MAYOR
ATTEST:
CITY CLERK
•
n
U
0
•
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted by the City Council
City of Newport Beach
Amendment No. 744
Ordinance No. 92 -3
May 26, 1"2
Amendment No. 2002 -001
Ordinance No. 2002 -17
August 27, 2002
Planned Community Development Plan Amendment No. 2007 -0001
Ordinance No. 2008 -9
April 22, 2008
FINAL_Hoag_PC_041808.DM
12
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE OF CONTENTS •
Page
Number
I.
INTRODUCTION ..................................................................... ..............................1
II.
GENERAL NOTES ................................................................... ..............................2
III.
DEFINITIONS ........................................................................... ..............................3
IV.
DEVELOPMENT PLAN ........................................................... ..............................5
V.
DISTRICT REGULATIONS .................................................... .............................10
VI.
HOAG HOSPITAL SIGN PROGRAM .................................... .............................21
VII.
HOAG HOSPITAL PARKING REGULATIONS ................... .............................23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS ............. .............................24
IX.
SITE PLAN REVIEW .............................................................. .............................27
•
E
FINAL_Hoag—PC_041808.DOC
•
u
is
Hoag Memorial Hospital Presbyterian Planned Conmmnity Development Criteria and District Regulations
LIST OF EXHIBITS
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9
2. PARKING REQUIREMENTS ........................................................ .............................23
FINAL_Hoag_PC_09I 808 DOC
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP
7
2. VEHICULAR ACCESS
8
3. DEVELOPMENT CRITERIA
14
4. PROPOSED SOUND WALL LOCATION PLAN
19
5. LOADING DOCK AREA LOCATION
20
6. LANDSCAPE MATRIX
31
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN
32
8. COAST HIGHWAY LANDSCAPE SCREEN
33
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9
2. PARKING REQUIREMENTS ........................................................ .............................23
FINAL_Hoag_PC_09I 808 DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
I. INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital- related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
r�
U
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes. •
r,
FINAL _HOa9_PC 041808.DOC
Hoag Memorial Hospital Presbyterian Planned Conurwnity Development Criteria and District Regulations
is IL GENERAL NOTES
Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K -4
and K -5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
• 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices.on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
J
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
FINAL Hoag_PC_041808.DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
III. DEFINITIONS
Building Elevation:
1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Envelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1
�J
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear; . •
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy; and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City of Newport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
•
FINAL_Hoag_PC_041808.DOC 3
Hoag Memorial Hospital Presbyterian Planned Com minity Development Criteria and District Regulations
• 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.
Inpatient Uses: Hospital patient services which require twenty -four (24) hour or more stays.
Landscape Are a: The landscape area shall include on -site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark treasuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty -four (24) hours.
Residential Care: Medically- oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross -parcel area prior to dedications.
• 2. Net - parcel area after dedications.
•
Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated
vehicular rights -of -way.
FINAL_Hoag PC_04180&DOC 4
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IV. DEVELOPMENT PLAN
Project Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land, encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
CJ
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, vehicular Access, shows the internal circulation for Hoag Hospital. •
The Development Plan does not specify building locations or specific hospital- related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Builc6'ng Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
Hoag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH #1991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing •
FINAL_14oag_PC 041808.DOC 5
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
• obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is.required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
•
•
FINAL_Hoa &_PC 041 BOSMOC
UPPER CAMPUS
Note: Buildings labeled for identiRwtlon purposes only SCALE: P-200'
PLANNED COMMUNITY SITE AND BOUNDARY MAP EXHIBIT 1
IAL HOSPITAL PRESBYTERIAN REVISED
7
LEGEND •
PRIMARY ACCESS (SI(INALIZED)
SECONDARY ACCESS
PRIMARY ROADWAYS
SECONDARY DRMAYAND SEMICE
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M 91AN 2"04MUM Mcome"
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SCALE: 11-200'
OU-2007
REVISED 01.22..08
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAXIMUM ALLOWABLE. 1,343,238 SQUARE -FEET
' As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square-feet will not
•
•
exceed 1,343,28 square -feet •
FINAL_Hoag_PC 041808.D0C 9
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existin t
Remaining
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. ft.
67,228 sq. ft.
990,349 sq. ft.2
r4
a
U
862,815 sq. ft.
577,889 sq. ft.
188,149 sq. ft.
389,740 sq. ft.
577,889 sq. ft.
O
1,618,164 sq. ft.
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.3
O
' As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square-feet will not
•
•
exceed 1,343,28 square -feet •
FINAL_Hoag_PC 041808.D0C 9
Hoag Memorial Hospital Presbyterian Planned Community Depelopment Criteria and District Regulations
• V. , DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list. Other
hospital- related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
1. Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Out!
(a)
(b)
(c)
(d)
(e)
• (
(g)
(h)
(i)
G)
(k)
(1)
(m)
(n)
(o)
(p)
(9)
(r)
(s)
(t)
(u)'
(v)
(w)
(x)
(Y)
(z)
(aa)
(bb)
• (cc)
FINAL_H0a9-PC_"1808D0C
ratient services:
Antepartum Testing
Cancer Center
Skilled Nursing
Rehabilitation
Surgery Center
Clinical Center
Day Hospital
Back and Neck Center
Biofeedback
Breast Imaging Center
Dialysis
EEG/EMG/NICE Laboratory
First Aid Center
Fertility Services
G.I. Laboratory
Magnetic Resonance Imaging
Neurology
Nuclear Medicine
Occupational Therapy
Pediatrics
Pharmacy
Physical Therapy
Pulmonary Services
Radiation Therapy
Respiratory Therapy
Sleep Disorder Center
Speech Therapy
Ultrasound
Urgent Care
10
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(f)
Patient Relations
(g)
Social Services
(3) Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/Mechanical/Auxiliary Support and Storage
(d) Food Services
(e) Cashier
(f) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
0) Laboratory
(k) Medical Library
(1) Medical Records
(m) Pharmacy
(n) Parking Facilities°
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(5) Medical/Support Offices
`Parking structures or decks do not cant toward square - footage
Fa4AL_Haa&-PC_041808.D0C I I
•
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited tw
(1) Inpatient uses including, but not limited to:
(a)
Critical Care
(b)
Emergency Department
(c)
Birthing Suites
(d)
Cardiology
(e)
Cardiac. Care Unit
(f)
Intensive Care Unit
(g)
Mother/Baby Unit
(h)
Surgery
(i)
Laboratory
0)
Pharmacy
(k)
Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
• s Does not count toward square- footage
F1NAL_Hoeg_PC_041808.DOC
12
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two- hundred thirty-five (235) feet above mean sea level.
•
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one- •
hundred forty (140) feet above mean sea.level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty -seven and
one -half (57.5) feet above mean sea level.
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FINAL _HOag_PC_041808.DOC 13
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Hoag Memorial Hospital Presbyterian Planned Conrnwnity Development Criteria and District Regulations
U
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required. a
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor, up to thirty -two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty -five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one - hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
•
FINAL_ Hoag_PC041808.DOC 15
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
• 2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty -five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two - hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one - hundred fifty (150) feet of West Coast Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered, for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West. Coast
• Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
•
A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lightine
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
MAL_Hoag—PC 041808DOC 16
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
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G. Signs
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential. properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after •
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Night. time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
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FINAL_ Hoag-PC_041808.DOC 17
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Hoag Memorial Hospital Presbyterian Planned Commmnity Development Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
Dock Area Location, for the location.
The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM -10 PM IOPM -7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
•. Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 Alva and 3:00 PM.
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MNAL_Hoag-PC_041808DOC 18
X LEGEND .
Existing Fence
— — Property Cfk r ::
Easetfient Line
\ tyC+d 18S High Wak \
IfIgh Wall
1I "High Wall ....:' .
14'IighWall
0
i' NOTE Sound Wall height measured from
adjacem roadway surface.
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SOUND WALL SECTION LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESOMWERIAN March 25, 2008
Exhibit #4 19
0 40 so
0
F- IL
•
LEGEND
PROPERW LINERS IDENTIRED IN SEMONRL, DISTRICT REGULATIONS
LOADING DOCKAREA AS MENTIRED IN SECTION M.2., DISTRICT REGULATIONS
-M
Nom: SWIdWab"forLdoOteatfonpurposmonly
•
UPPER CAMPUS
ctNUCnws
NORTH
100 0 100 200
SCALE:10-2001
OFAM
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
•
VI. HOAG HOSPITAL SIGN PROGRAM
A. .Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on- building wall and ground- mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on- building, may be illuminated or non - illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility. •
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 1 10 -L.
For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double -faced primary identification ground- mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (1% feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
•
FMAL_Hoap PC_041808.DOC 21
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
• boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall - mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single- faced, double- faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (11) feet average height above finished grade.
• 5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy -five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy -
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
•
7. On the Lower Campus, two (2) building- mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
F1NAL_Hoa9_PC_041808.D0C 22
Hoag Memorial Hospital Presbyterian Planned Corn ntty Development Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off - street parking for Hoag Hospital shall be provided on -site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off - Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
Use Category
Outpatient Services
Support
Administrative
Residential Care
Medical Offices
TABLE 2
PARKING REQUIREMENTS
Parking. Requirements .
2.31 spaces/1,000 square feet (1)
0.0 spaces/1,000 square feet (1)(2)
5.3 spaces/1,000 square feet (1)
1.0 spaces /1,000 square feet (3)
4.0 spaces/1,000 square feet (3)
Inpatient
2.35 spaces /1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) . Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
FINAL _Hoag—PC _041808.DOC 23
11
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Hoag Memorial Hosp &al Presbyterian Planned Community Development Criteria and District Regulations
• 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 City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures. Trees shall not be
used, however planter boxes, green roof treatments or trellis systems shall be
designed to provide added visual relief of parking structures. All rooftop or top
of parking structure landscaping proposals shall conform to the building height
limits established in this text.
2. Parking lot trees shall be no less than twenty -four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (l) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
• 5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
0
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought- tolerant, non - invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over - watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit 46.
FQJAL_140ag_PC_041808.DOC 24
Hoag Memorial Hospital Presbyterian Planned Comnarnlry Development Criteria and District Regalations
•
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program,
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved •
plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right -of- way /property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty -four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
shall also include sufficient additional landscaping to screen or soften the soundwall required
•
FINAL_Heag—K- 041808.DOC 25
Hoag Memorial Hospital Presbyterian planned Community Development Criteria and District Regulations
• pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the,
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
•
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations.. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program may be developed for parking structures and shall be subject to the
review and the approval of the Newport Beach Planning Department.
FINAL_Mmg- PC_041808.DOC 26
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IX. SITE PLAN REVIEW •
A. P se
The City Council finds that development on the Lower Campus of Hoag Hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects to insure that these projects conform
with the goals and policies of the General Plan, the provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub- section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality. •
3. Replacement of existing cooling towers, except for casualty.
B. Findvnes
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for
any new structure or the addition to an existing structure which does not conform to the provisions
of Section V.D.2.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off - street parking and off - street loading areas, landscaped areas, •
FINAL _Hoag—PC _041808.DOC 27
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
• signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off -street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties:
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
• the purposes of this chapter.
E. Fee
•
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub - section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
F1NA1_Hoag_PC_041808.DOC 28
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dstrid Regulations
1. The development is in compliance with all other provisions of the Planned •
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less. than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent •
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property, It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning 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 filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty -one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
•
FINA1_HoaB_PC_041808.DOC 29
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
I. Appeal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty -one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council.
Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
K. Expiration and Revocation of Site Plan Review Approvals
1. Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty -four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
• the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
•
Hearing. The Planning Commission shall hold a he4ring on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
FINAL_Hoag—PC_041808.DOC 30
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Hoag Memorial Hospital Presbyterian
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Exhibit #2
• ORDINANCE NO. 2008 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND HOAG
MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT
AGREEMENT AMENDMENT NO. 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
Amendment 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, In 1994, the City and Hoag Memorial Hoapital Presbyterian entered
into a Development Agreement that provides for the orderly use and development of the
Property while providing public benefits; and
WHEREAS, Newport Beach Municipal Code Section 15.45.040 requires that
development agreements include the term, permitted uses, density and intensity of
development, maximum height and size of proposed buildings, and provisions for
• reservation or dedication of land for public purposes; and
WHEREAS, as part of its application, Hoag Memorial Hospital Presbyterian
requests approval of an amendment to the Development Agreement to allow
modifications to the use and future development on the Property; and
WHEREAS, the amended Development Agreement was prepared and is
attached as Exhibit "A."
WHEREAS, during the term of the amended Development Agreement, Hoag
Memorial Hospital Presbyterian shall have a vested right to develop the Property
subject to the terms and conditions of the amended Development Agreement, the
provisions of the Hoag Memorial Hospital Presbyterian Planned Community
Development Criteria and District Regulations and the California Environmental Quality
Act (CEQA); and
WHEREAS, Hoag Memorial Hoapital Presbyterian has agreed to provide public
benefits as consideration for the amendment of the Development Agreement, including
the payment of three million dollars ($3,000,000) for City public facility improvements,
designation of the City as the point of sale for hospital purchases; 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 15.45 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
. WHEREAS, the City Council has reviewed and considered the information in the
amended Development Agreement and in the full administrative record, and found that: •
1. The Development Agreement Amendment is entered into pursuant to, and
constitutes a present exercise of, the City's police power.
2. The Development Agreement Amendment is in the best interests of the health,
safety, and general welfare of the City, its residents, and the public.
3. The Development Agreement Amended is compatible with the objectives, policies,
general land uses, and programs specked 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. The Development Agreement Amendment is consistent with Newport Beach
Municipal Code section 15.45.040 and includes all the contents required for
development agreements by the City of Newport Beach.
5. The Development Agreement Amendment is consistent with provisions of state law
(California Government Code Sections 65864- 65869.5) and local law (Municipal
Code chapter 15.45) that authorize binding agreements that: (i) encourage
investment in, and commitment to, comprehensive planning and public facilities
financing; (ii) strengthen the public planning process and encourage private
implementation of the local general plan; (iii) provide certainty in the approval of
projects in order to avoid waste of time and resources; and (iv) reduce the economic
costs of development by providing assurance to the property owners that they may
proceed with projects consistent with existing policies, rules, and regulations. More
specifically, the Development Agreement Amendment is consistent and has been
approved in accordance with provisions of California Government Code Section
65867 and Municipal Code Chapter 15.45.
6. 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 Guidelines §15163, provided
clarifications to the EIR and project, and was distributed before Final EIR No. 142
was certified.
7, 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
Considerations contained within Resolution No. 2008 -27, which are hereby
incorporated by reference.
C�
J
8. The Development Agreement Amendment provides significant public benefits to the •
City of Newport Beach.
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: The amendment of the existing Development Agreement between
Hoag Memorial Hospital Presbyterian and the City of Newport Beach (Development
Agreement Amendment No. 2007 -001) is approved.
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
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 Development Agreement Amendment 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) Planned Community Development Plan Amendment
No. 2007 -003.
•
• 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:
LJ
ATTEST:
CITY CLERK
•
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
71ITTIT190
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
EXEMPT FROM FILING FEES CAL. GOVT CODE S 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
THE CITY OF NEWPORT. BEACH
(Pursuant to California Government Code Sections 65864- 65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved April 22, 2008
Ordinance No. 2008 -10
A
FINAL Amendment to Restated DevelopmentAgreementNo 5.D0C
•
•
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
• (Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
( "Amendment ") is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag ").
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
1.9 Hoag Property. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit `B"
(the "Property ").
1.10 Hoag Healthcare Services. Hoag is a modern, state -of-
the -art acute care, not - for - profit hospital providing a comprehensive
• mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag-Community Benefit Programs. In addition to
providing state -of -the -art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
bumoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's comrttunity medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through .disease prevention and wellness and health
promotion, especially for those vulnerable and disadvantaged
populations.
• 1.12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ( "City Council ") certified the Hoag Hospital
FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC I
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ( "Hoag Master Plan") and the •
Planned Community Development Criteria and District Regulations
( "P.C. Text ") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage of Buildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and - 765,349 square feet allocated to
the Upper Campus.
1.14 Development Agreement No. 5. On May 26,1992, the
City Council adopted Ordinance No. 92 -4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63- 0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94 -8 approving
an Amendment and Restatement of Development Agreement No. 5
( "Restated Development Agreement ") incorporating certain
.provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 94- 0207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002 -17 approving the First
Amendment to the P.C. Text to provide that certain non - occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
Noise Element in the General Plan and Noise Ordinance. It is •
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
FINAL _Amendmmtto Restated DevelopmentAgreement No 5.DOC
1.18 Noise Attenuation. Hoag has taken significant actions
• to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated Development Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ( "P.C. Text') to, among
other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ( "FAR ") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
• (b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
• Semeniuk Slough, including a requirement that Hoag
FINAL_Amendmenito RestatedrlevelopmentAgreementNo SDOC 1 3
fund the study and potential future improvements in •
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Planning Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5, 1991, January 9, 1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23, 1992, March 3 0, 1992, April 13, 1992 and May 11,
1992. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental •
EIR; the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 22, 2008"
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94 -8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On
April 22, 2008, the City Council adopted Ordinance No. 2008 -10
approving this Amendment and authorizing the City to enter into this
Amendment. The adopting ordinance will become effective on
May 22, 2008.»
•
FINAL_Amendmentto Restated DevelopmentAgmementNo 5.DOC
Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance
• is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94 -8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008 -10
adopted on April 22, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement" refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "EIR" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
• 6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit "C "), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
• obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully •
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law." •
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
`.`5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of buildings
constructed in comparison to the anticipated views as depicted in the
EIR. Hoag shall be found in compliance with this Agreement unless
the City Council determines, based upon the evidence presented at the
Annual Review, that Hoag has not complied with all mitigation
measures and conditions including those imposed as a result of
subsequent environmental analysis, applicable to the grading of, or •
building on, the Property as of the date of the Annual Review. Hoag
FINAL_Amendmentto Restated DenlopmentAgminen[No 5.DOC 6
shall pay the City administrative costs incurred in conducting Annual
• Reviews."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things, the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
• interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one -half of the Development Agreement Fee of $1..5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one -half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
is this Amendment or at the time of issuance of the first building permit
by the City for development of a project on the Upper Campus as
FINAL_ Amendment to Restated DevelopmentAgreementNo 5.DOC 7
provided in Exhibit "C" attached to this Amendment, whichever
occurs earlier. •
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ( "Priority Public Improvements ").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and •
any funds remaining after the construction of the Priority Public .
Improvements shall be used by the City in the City's sole discretion to
offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales/Use Tax Origin, to read as follows:
"83 Sales/ Use Tax Origin
(a) Hoag will. include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales /use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales •
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
FRJAL_Amendment to Restated DevelopmentAgreementNo S.DOC
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales /use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filing the tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of $100,000
so that the local share of its sales /use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales /use
tax to the City. Upon request of the City, Hoag will
provide City on a semi - annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six -month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
• City. The City agrees to review the semi - annual list
of purchases made by Hoag and advise Hoag of any
FINAL_Amendmentto Restated DevelopmentAgreementNO 5.DOC 9
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors •
identified by the City in an effort to improve die direct
allocation of the local share of sales /use tax payments
in fixture periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset View Park Improvements, to read as follows:
"8.4 Hoag shall reimburse the City up to $ 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower •
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
daily between November 1st and Apri130t", between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit. •
FINAL_ Amendment to Restated DevelopmentAgreementNO 5.DOC 10
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
• amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8d' Floor
P.O. Box 19613
Irvine, CA 92713 - 9613"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614 - 7321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
• "11.17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and.expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned. Community Text and/or. the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but not be limitedto,
damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Hoag shall pay to the City upon
• demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
FINAL_Amendmen[ro Restated DevelopmentAgeementNo SDOC 11
19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C •
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No2008 -10
April 22, 2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all of the other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and •
are incorporated into this Amendment in full by this reference.
21. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page follows]
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FINAL—Amendment to Restated DevelopmentAgreementNo 5.DOC 12
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
• Development Agreement No. 5 to be binding as of the Effective Date.
CITY:
•
0
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
THE CITY OF NEWPORT BEACH, a municipal
corporation of the State of California
By:
Edward D. Selich, Mayor
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public
benefit corporation
UA
Richard F. Afable, M.D.
President and CEO
(All Signatures to be Notarized)
FMAL_Amendmentto Restated DeveloDmentAgreementNo S.DOC
13
STATE OF CALIFORNIA ) •
) ss.
COUNTY OF ORANGE )
On before me, I a Notary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he/she /they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC 14
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•
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me,
a Notary Public in and for
said County and State, personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in
(his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me, , allotary Public in and for
said County and State, personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are)
subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in
(his/her /their) authorized capacit(- y /- ies)', and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
•
FINAL—Amendment to Restated DevelopmentAgreement No 5.130C
15
EXHIBIT A •
LEGAL DESCRIPTION
The subject property is the following real property in the City ofNewport Beach, County of Orange,
State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block I of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 of Miscellaneous Maps, Records of Orange County,
California.
Parcel 2:
That portion of Lot 172 in Block I of Irvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
•
•
FINAL_Amendmentto Restated DevelopmemAgreement No 5.DOC A -1
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HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Adopted by the City Council
City of Newport Beach
Amendment No. 744
Ordinance No. 92 -3
May 26,1992
Amendment No. 2002 -001
Ordinance No. 2002 -17
August 27, 2002
Planned Community Development Plan Amendment No. 2007 -0001
Ordinance No. 2008 -9
April 22, 2008
FINAL_H0a�PC_041808.D0C
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE OF CONTENTS
I. INTRODUCTION ........................ ...............................
II. GENERAL NOTES ...................... ...............................
III. DEFINITIONS .............................. ...............................
IV. DEVELOPMENT PLAN .............. ...............................
V. DISTRICT REGULATIONS ........ ...............................
VI. HOAG HOSPITAL SIGN PROGRAM .......................
VII. HOAG HOSPITAL PARKING REGULATIONS......
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
IX. SITE PLAN REVIEW .................. ...............................
FINAL_Hoag—K 041808.DOC
Page
Number
.. ..............................1
... ..............................2
... ..............................3
... ..............................5
. .............................10
.. .............................21
. .............................23
.. .............................24
. ..............................2
7
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
•
LIST OF EXHIBITS
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7
2. VEHICULAR ACCESS 8
3. DEVELOPMENT CRITERIA 14
4. PROPOSED SOUND WALL LOCATION PLAN 19
5. LOADING DOCK AREA LOCATION 20
6. LANDSCAPE MATRIX 31
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 32
8. COAST, HIGHWAY LANDSCAPE SCREEN 33
•
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9
2. PARKING REQUIREMENTS ........................................................ .............................23
•
FINAL_Hoag_PC_041808.DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
• I. INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital - related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
• building codes.
•
FINAL_Hoap Pc_ 001808.DOC
FFoag Memorial Hospital Presbyterian Planned.Community Development Criteria and District Regulations
II. GENERAL NOTES •
I. Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K -4
and K -5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. •
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower . Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
FINAL_11039.1`C 041808.npC
L J
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regula8ons
• III.
Building Elevation:
I. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Envelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
I. Area of a building utilized for stairwells and elevator shafts on levels other than the first
• level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
•
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy;and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City of Newport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
FINAL_Hoag_PC_041808.DOC 3
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
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.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on -site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically- oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated
vehicular rights -of -way.
FNAL_ Hoag-PC _041808.DOC 4
•
•
Hoag Memorial Hospital Presbytertan Planned Community Development Criteria and District Regulations
• IV. DEVELOPMENT PLAN
Project Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
• Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital - related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
•
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Protect Specific Approvals
Hoag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program FIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH #1991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
FINAL _Hoag_PC_041808.DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dutric! RegulatiwIs
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental •
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
•
•
FINAL_Haag—PC_041808.DOC
• 0
UPPER CAMPUS
1 qD WALRQAD
Note: Buildings labeled for identification purposes only
PLANNED COMMUNITY SITE APIA 8
HOAG MEMORIAL HOSPITAL PRESE
SCALE: V-200'
7
l�J
LEGEND t_ ! �D FIOSPAAL ROAD
PRIMARY ACCESS (SIGNALIZED) i
gg � uwoArvE � '�71 s�sRRTMUC�
l_ �J SECONDARY ACCESS
�,...�. PRIMARY ROADWAYS iowrcroorxxtu�mrevmrai —, kc� 1`�S J:
1
SECONDARY DRIVEWAY AND SERVICE \1 nroeur3Raruwx '
.)
rap a
i
,,1 - - �IGIfW 19526WL0010 f
MAW LOADING DOCK
210 VIE y✓/ \ .. . '•1 p
210 W11EIANE 230 EW& �� 2- �.U�� $ONN xORG DRIVF� x r tyj
�} 270 FWMfluNE�
lo
nL
> PAR)MG
t t
sacs % '
li. � J 45URi,�R�NG t ° .. � 641Rrp0E� � r(pF
Note: Buildings labeled for Identification purposes only
NORTH
,.100 0 100 200
SCALE:1" =200'
REVISED
•
•
Hoag Menwrial Hospital Presbyterian Planned Community Depelopment Criteria and District Regulations
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET
As of the date of adoption.
2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
• ' Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL_140ag.K_041808.DOC 9
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existin r
Remaining
U
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. ft.
67,228 sq. ft.
990,349 sq. ft.z
w
rn
U
862,815 sq. ft.
577,889 sq. ft.
188,149 sq. ft.
389,740 sq. ft.
577,889 sq. ft.
O
a
F
1,618,164 sq. ft.
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
,1,343,238 sq. ft.3
O
As of the date of adoption.
2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
• ' Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL_140ag.K_041808.DOC 9
Hoag Memorial Hospital Presbyterian Planned Commtmity Development Criteria and Dishict Regulations
•
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list. Other
hospital- related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
(f)
Surgery Center
Clinical Center
•
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(1)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q) .
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
•
FINA1_Haag-PC_o41808.D0C 10
r�
u
•
Hoag Memorial Hospital Presbyterian Planned Comnwtuly Development Criteria and District Regulations
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(f)
Patient Relations
(g)
Social Services
(3) Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/Mechanical /Auxiliary Support and Storage
(d) Food Services
(e) Cashier.
(f) Chapel /Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
0) Laboratory
(k) Medical Library
(1) Medical Records
(m) Pharmacy
(n) Parking Facilities
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
, Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(5) Medical/Support Offices
° Parking structures or decks do not count toward square- footage
FINAL Hoe&_PC 041808.DOC
II
Hoag Memorial Hospital Presbyterian Planned Community Dvvelopmenl Criteria and District Reguladom
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a)
Critical Care
(b)
Emergency Department
(c)
Birthing Suites
(d)
Cardiology
(e)
Cardiac Care Unit
(1)
Intensive Care Unit
(g)
Mother/Baby Unit
(h)
Surgery
(i)
Laboratory
0)
Pharmacy
(k)
Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)5
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular.buildings.
s Does not count toward square- footage
FINAL_Hoag-PC_041808.DOC 12
u
•
•
•
•
•
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
I. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two- hundred thirty -five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty -seven and
one -half (57.5) feet above mean sea level.
FINAL_Hoag— 041808.DOC
13
LEGEND
Hmmzm
UPPER CAMPUS ZONES
TOWER ZONE- MAXIMUM BUILDING HEIGHT
2U' ABOVE MEAN SEA LEVEL
MIDRISE ZONE- MAXIMUM BUILDING HEIGHT
140' ABOVE MEAN SEA LEVEL
F77PARKING
ZONE- MAXIMUM BUILDING HEIGHT BWABOVE MEAN SEA
MO. EXCLUSIVE OF ELEVATOR TOM
LOWER CAMPUS ZONES
O
LOWER CAMPUS ZONE- SUB- AREAS A. B, C, F. AND G- NO BUILDING SHALL
EXCEED THE HEIGHT OF THE 03MG SLOPE OR THE
RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED
Bwt ww Ws
Ana SUB -AREAS D AND E- MAXIMUM BUILDING HEM
FQ
Lmcu sAr OF NAM0 57.5 FEETABOVE MEAN SEA LEVEL
x1mh1l ABOpE PAOeosm o"m
72
mm R m nutter - i —
8� �m � su ww
AVEMM SLOPE EOATMN
910 PA(9S L"
280CA"V"
0�
32"
J)".
WAY
Oaw
Note: Buildings lab" for identfficalion purposes only
DEVELOPMENT CRITERIA PLAN
p.
NORTH
100 0 100 2GO
SCALE:I"-200'
0
REVISED 0
14
%
280CA"V"
0�
32"
J)".
WAY
Oaw
Note: Buildings lab" for identfficalion purposes only
DEVELOPMENT CRITERIA PLAN
p.
NORTH
100 0 100 2GO
SCALE:I"-200'
0
REVISED 0
14
•
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
is 1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
r�
2nd Floor, up to thirty-two (32) feet
building frontage shall be articulated in
2nd floor setback of twenty (20) feet.
in height: A minimum of 20% of the
such a manner as to result in an average
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty -five (25) feet.
The_ setback on West Coast Highway westerly of the hospital entry signal shall be
forty -five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one - hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
FINAL_ HoaLPC_041808.130C 15
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regaladons
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the •
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty -five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty -five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two - hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one - hundred fifty (150) feet of West Coast Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway). •
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty -
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
A ten (10) foot building setback from the property line shall be provided along
Hospital Road..
E. Li htin
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
•
FINAL_HOa9_PC 041808.DOC 16
is
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
G. KM
All signs shall be as specified under the Hoag Hospital Sign Program, Part V1.
H. Parking
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VII I
J. Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
• 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L�
L. Loadine Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
FINAL _Hoag—PC _041808.DOC 17
Hoag Memoriat Hospital Presbyterian Planned Community Development Criteria and District Regulations
is
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
Dock Area Location, for the location.
The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM —IOPM IOPM -7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise is
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
•
FMAL Hoa_PC_P918D8.DOC 18
LEGEND
e Y
` Existing Fence.
lkyi
Property
Easement lane..
,
18.51 High WalA, -
`' High Wall
J+ t
1 "High Wall
Ar11v 2�1 14' ,41 iigliWall
NOTE Sound Wall height measured from
adjacent roadway surface.
+F \
`... F
W'
G \ /
f 1
w B .
'- �►N
16 1\5
y t
a b_
X ccws' X
—_
_._._ —.,.. a. ��� ��tv,c h, A, ,% ✓dam, z � r.y \W
SOUND WALL SECTION LOCATION PLAN Exhibit #4 Ts
HOAG MEMORIAL HOSPITAL PRESBYTERIAN INarchu, zoos
0 40 so
UPPER CAMPUS
20
I
•
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VI. HOAG HOSPITAL SIGN PROGRAM
A: Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on- building wall and ground - mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on- building, may be illuminated or non - illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
• appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110 -L.
5. For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Sbzns Allowed
r �
L_J
One (1) double -faced primary identification ground- mounted sign or two (2)
single - faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
FINAL_HOag PC_041808.DOC 21
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums •
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. if freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70).square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall - mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single- faced, double - faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (1 l) feet average height above finished grade. •
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy -five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy -
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated:
7. On the Lower Campus, two (2) building- mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
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FINAL_Hoag— K- 041808DOC 22
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E
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regularions
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off - street parking for Hoag Hospital shall be provided on -site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
Use Category
Outpatient Services
Support
Administrative
Residential Care
Medical Offices
TABLE 2
PARKING REQUIREMENTS
Parking Requirements
2.31 spaces/1,000 square feet (1)
0.0 spaces /1,000 square feet (1)(2)
5.3 spaces/1,000 square feet (1)
LO spaces /1,000 square feet (3)
4.0 spaces /1,000 square feet (3)
Inpatient
2.35 spaces /1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
FINAL—Hoag-PC 041808DOC
23
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS •
A. General
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures. Trees shall not be
used, however planter boxes, green roof treatments or trellis systems shall be
designed to provide added visual relief of parking structures. All rooftop or top
of parking structure landscaping proposals shall conform to the building height
limits established in this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure •
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
Emphasis shall be placed on the use of native, drought - tolerant, non - invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over - watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
•
FINAL_Hoag.PC_041808.D0C 24
Hoag Memorial Hospital Presbyterian Planned Commmnity Development Criteria and District Regulations
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be,
corrected within thirty (30) days.
• 7. Plantings and irrigation are to be maintained in accordance with the approved
plans.
r�
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right -of -way /property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty -four (24) inch box.
D. Villa Balboa Landscape Zone
The area.between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the. area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
shall also include sufficient additional landscaping to screen or soften the soundwall required
FINAL_HOag— 041808.DOC 25
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the •
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program may be developed for parking structures and shall be subject to the
review and the approval of the Newport Beach Planning Department.
•
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FINAL_ Hoag_PC_041808.DOC 26
Hoag Memorial Hospital Presbyterian Planned Con nity Development Criteria and District Regulations
• IX. SITE PLAN REVIEW
A. Pu se
The City Council finds that development on the Lower Campus of Hoag Hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects to insure that these projects conform
with the goals and policies of the General Plan, the provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub - section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
Any project that differs from setback, horizontal and vertical articulation
requirements. as set forth in Section V.D.2.
Planning Director's review:
Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
• objectionable odors or other impacts to air quality.
3. Replacement of existing cooling towers, except for casualty.
B. Findings
The City Finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health,. safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for
any new structure or the addition to an existing structure which does not conform to the provisions
of Section V.D.2.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off - street parking and off - street loading areas, landscaped areas,
FINAL_HOa9_PC_041808.DOC 27
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
signs, fences and walks. The plot plan shall show the location of entrances and •
exits, and the direction of traffic flow into and out of off - street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A .landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter. •
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
Iu addition to the general purposes set forth in sub - section A, in order to carry out the purposes of .
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
\J
FQJAL_Haa9_ 041808.DOC 28
Hoag Memorial Hospital Presbyterian Planned Comrmtnity Development Criteria and District Regulations
I. 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 streeiscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
• last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning 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.
is
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty -one (21) days
following the Commission action thereon unless, within the twenty -one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty -one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
FINAL_Hoag PC_041808.DOC 29
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
unless the applicant consents to an extension of time. The City Council may affirm, reverse or •
modify the decision. Such action by the City Council shall be final.
Appeal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council.
J. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
K. Expiration and Revocation of Site Plan Review Approvals
1. Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time. •
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the. conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation. of the Planning Commission.
is
FINAL_HM9- PC_041808.DOC 30
•
•
_ x
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Schedule
Govemment/Agency
Anticipated
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Exhibit #6
31
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22
HOAG LOWER CAMPUS IMPROVEMENTPLAN
Exhibit #7
D
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... .........
• • •
32
South
Entry Ddve
MON - PCH LANDSCAPE SCREEN
Hoag:Memanal Hospital Presbytedan
N."w Beech;C0.
Exhibit 98 83
oai 14/2008