Loading...
HomeMy WebLinkAbout4.0_Hoag Development Agreement Extension_PA2018-024o�,EWr°Rr CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT a = January 17, 2019 C7</pp0.NP Agenda Item No. 4 SUBJECT: Hoag Memorial Hospital Presbyterian Development Agreement Amendment (PA2018-024) Development Agreement No. DA2018-004 SITE LOCATION: One Hoag Drive APPLICANT: Hoag Memorial Hospital Presbyterian OWNER: Hoag Memorial Hospital Presbyterian PLANNER: James Campbell, Deputy Community Development Director (949) 644-3210, icampbell(@newr)ortbeachca.00v PROJECT SUMMARY Hoag Memorial Hospital Presbyterian (Hoag) requests an amendment to Amended and Restated Development Agreement No. 5 to extend the term an additional 25 -years. Staff is recommending a 6 -month extension to allow additional time for negotiations to be completed. State law and the Newport Beach Municipal Code require Planning Commission consideration of a development agreement or an amendment to a development agreement. RECOMMENDATION 1) Conduct a public hearing; 2) Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and 3) Adopt Resolution No. PC2019-003 recommending City Council adoption of Development Agreement No. DA2018-004 amending Amended and Restated Development Agreement No. 5 to extend the term of the agreement by six (6) months (Attachment PC 1). 1 9 Hoag Memorial Hospital Presbyterian DA Amendment (PA2018-024) Planning Commission, January 17, 2019 Page 2 VICINITY MAP 09 P ! —z .__131FH ST W— i SLUEFIN CTO?yP po5( HALYARD MEDICAL LN J0 FF AQ o < Nim P P� a I <OMQS HOF,p _ HOSPITAL RD Sp 00q —m F St C .. C Upper yP Campus -, 0 ? NF t� 4& • —. . a r'y .rr r ` Op- _ LOWBf o 5p'��P N O NPO��p�paP w -_CLIFF DR CauS 4, Campus �1N -,_-P1ON51 St COASTHWY J �L5 N1� SAISOAOW Z� N6��54 CNAOIV[I-PI COVUS �h 5 �\1 F� 0 NA 5 PF9 �PO xAt'( n(, �O 9yoPCL __.. TURNING BASIN S L S Q tO 21 J e 9 9`i pS C c b y 4 I y9,PC `�ZCI ¢ flNffY AV( n hbF GS O O �V.. F F ... TP 2 f 'P .'. '< 32ND ST 9" GENERAL PLAN ZONING f N k V am mu q1 ct�oi /.� _ A H 9M pXa IIGO 181 • LIICG I -S y` nJ I lei L IIPS ' '� SpetliNa Gen �. DI a �/, sdinl4 IP 11.. • mN�l(EYQ i Ilm�e1 ® —'.1 C.m�ml pnn nM Uv fmimnn NaN{HGey�IGl ]nnm6 UImnG.X F.mimnt �� 3 Hoag Memorial Hospital Presbyterian DA Amendment (PA2018-024) Planning Commission, January 17, 2019 Page 3 LOCATION GENERAL PLAN ZONING CURRENT USE PROJECT SITE Private Institutions (PI) Planned Community Hospital Multiple Residential (RM) PC (Versailles on the Residential condominiums Bluff Planned Community) NORTH Medical Commercial Office (CO -M) APF (Administrative Medical offices Professional Office) Private Institutions (PI) Residential care facility Neighborhood Commercial (CN) RSC (Retail and Neighborhood shopping Service Commercial) center Multiple Residential (RM) MFR (Multi -Family Multi -family residential Residential) SOUTH Single Unit Residential Detached R-1 (Single Family Single family residential (RS-D Residential) General Commercial (CG) RSC (Retail and Vehicle rental/sales Service Commercial) Restaurant General Commercial Office (CO -G) SP -9 (Old Newport Business, medical and Boulevard Specific professional offices EAST Plan Two Unit Residential (RT) R-2 (Two family Residential residential) Multiple Unit Residential (RM) PC - Versailles on Residential condominiums the Bluff Planned Community WEST Parks and Recreation (PR) OS -A (Open Space Open space — Sunset Ridge Active Park OS (Open Space) INTRODUCTION Project Settinq Hoag Memorial Hospital Presbyterian (Hoag) is an existing facility located at One Hoag Drive in the City of Newport Beach (City). The approximately 38 -acre site, inclusive of the Lower Campus (20.41 acres) and Upper Campus (17.57 acres), is generally bounded by Hospital Road to the north, West Coast Highway to the south, Newport Boulevard to the east, and residential development and open space to the west. Superior Avenue is the closest major street to the west. 0 Hoag Memorial Hospital Presbyterian DA Amendment (PA2018-024) Planning Commission, January 17, 2019 Page 4 Vehicular access to Hoag is provided at three locations. The Upper Campus can be accessed from Hospital Road which serves as the northern boundary of Hoag. The main entrance is a signalized intersection located at the intersection of Hospital Road at Placentia Avenue—Hoag Drive. A non -signalized secondary access, located on West Hoag Drive, from Hospital Road into the Upper Campus, follows the western boundary of Hoag. West Hoag Drive is gated to preclude vehicular access between 8:00 p.m. and 7:00 a.m. A second signalized intersection, located on West Coast Highway at Hoag Drive, serves as the main entrance to the Lower Campus. Hoag Drive, South Hoag Drive, and West Hoag Drive provide internal vehicular access throughout Hoag. Surrounding land uses include the residential communities of Villa Balboa and Versailles, both located to the north of the Lower Campus and west of the Upper Campus. Medical offices and residential care facilities are located to the north of the Upper Campus across Hospital Road. General commercial, offices, and residential uses are located to the east across Newport Boulevard. Commercial and residential uses are located to the south of the hospital campus across West Coast Highway. To the west of the Lower Campus on either side of Superior Avenue is Sunset Ridge Park. Project Description Hoag requests an extension of an existing Development Agreement with the City for an additional 25 years. No other changes to the agreement or development regulations are requested. Hoag has provided a summary of benefits Hoag brings to the community (Attachment PC 2). Background Hoag Hospital was constructed in 1952 as a 75 -bed, 50,000 square -foot (sf) facility. The complex has undergone several major construction phases that have expanded and remodeled the facilities. In 1979, the first Master Plan and EIR were prepared and approved for Hoag. At the time the 1979 Master Plan was prepared, Hoag facilities were located solely on what is now known as the Upper Campus. In June of 1984, Hoag purchased the approximate 22 -acre Lower Campus from the State of California. In 1991 Hoag constructed the Patty and George Hoag Cancer Center and a child care center on the Lower Campus. In 1992, the City certified the Hoag Hospital Master Plan Final EIR No. 142 certifying the Hoag Hospital Master Plan and adopted both Planned Community regulations and Development Agreement No. 5 (Development Agreement). The Planned Community Development Plan (PC Text) is the Hoag Master Plan. In 1994, the City approved Ordinance No. 94-8 to readopt the Development Agreement to reflect Coastal Commission consideration. The term of the agreement is 25 years from the effective date of the ordinance and the agreement expires on March 16, 2019. 5 Hoag Memorial Hospital Presbyterian DA Amendment (PA2018-024) Planning Commission, January 17, 2019 Page 5 In 2008, the City approved changes to the Master Plan (PC Text) and Development Agreement to allow more flexibility where existing entitled Hoag -related uses could be developed. The 2008 amendment did not extend the term of the agreement. The current PC Text and Development Agreement is attached to this report for review (Attachments PC 3 and PC 4 respectively). City staff and Hoag have been discussing the conditions upon which staff would recommend approval of the requested 25 -year extension. Negotiations will not be concluded before expiration of the agreement in March considering the City Council must act on or before March 15, 2019. Therefore, staff recommends a short, 6 -month extension allowing time for continued negotiations. If the agreement were to expire, Hoag would retain the ability to develop, but would not have a vested right to develop the hospital campuses consistent with the General Plan, PC Text, and all mitigation measures. The Development Agreement includes provisions for certain public benefits and monitoring that would cease. Additionally, the City could modify the General Plan or PC Text if it chooses to in the future without Hoag's consent, although there is no intent to do so at this time. Environmental Review In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code §§21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. §§15000, et seq.), the City of Newport Beach prepared Final EIR No. 142, which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. 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 Supplemental EIR was to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008, by adopting certain CEQA Findings of Facts and a Statement of Overriding Considerations contained within City Council Resolution No. 2008-27. All significant environmental concerns for the proposed project have been addressed in the previously certified Final Environmental Impact Report No. 142 (certified 1992) and its Supplemental Final Environmental Impact Report (certified 2008). The proposed Amendment to the Amended and Restated Development Agreement only extends the M, Hoag Memorial Hospital Presbyterian DA Amendment (PA2018-024) Planning Commission, January 17, 2019 Page 6 term of the agreement and does not amend any development standards, development requirements, or required mitigation measures identified in Final EIR No. 142 and the Supplemental Final EIR (SCH No. 19910071003). Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Jim Campbell Seimone Jurjis, PKCBgr Deputy Community Development Director Community Devel6pment Director ATTACHMENTS PC 1 Draft Resolution PC 2 Hoag Summary of Community Benefits PC 3 Hoag Memorial Presbyterian Planned Community Development Plan (PC Text) PC 4 Amended and Restated Development Agreement No. 5 2 Attachment PC 1 Draft Resolution 9 10 RESOLUTION NO. PC2019-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF AN AMENDMENT TO EXTEND THE TERM OF THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN DEVELOPMENT AGREEMENT (DA2018-001) LOCATED AT 1 HOAG DRIVE (PA2018-024) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On February 14, 1994, the City Council of the City of Newport Beach ("City") adopted Ordinance No. 94-8 approving Restated Development Agreement No. 5 ("Development Agreement') between the City and Hoag Memorial Hospital Presbyterian ("Hoag"). The adopting ordinance became effective on March 16, 1994. 2. On May 13, 2008, the City Council adopted Ordinance No. 2008-10 approving an amendment to the Development Agreement ("Amendment') and this ordinance became effective on June 12, 2008. 3. Section 6.3, "Term of Agreement," of the Development Agreement provides a twenty five (25) -year term from the effective date of the original adopting ordinance, and therefore, the Development Agreement as amended expires on March 15, 2019. 4. Hoag applied for a second amendment to the Development Agreement ("Second Amendment') to extend the twenty five (25) -year term an additional twenty five (25) years. The application requests no other changes to the Development Agreement, as amended, or to existing development regulations. 5. Newport Beach Municipal Code ("NBMC") 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. 6. The Development Agreement provides the necessary considerations of Section 15.45.040 and it includes certain public benefits in exchange for vested rights to develop over the initial twenty five (25) -year term of the agreement, as amended. 7. The Planning Commission held a public hearing on January 17, 2019, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Second Amendment. A notice of time, place, and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. 11 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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 ("City") 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 ("Project"). Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the property's Upper Campus and Lower Campus. Final EIR No. 142 includes a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines §15163, to provide clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 2. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) ("SEIR") was prepared in accordance with the provisions of CEQA, Public Resources Code §§21000, et seq., and the State CEQA Guidelines, California Code of Regulations §§15000, et seq. The purpose of the SEIR was to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008, by adopting certain CEQA Findings of Facts and a Statement of Overriding Considerations contained within Resolution No. 2008-27, which are hereby incorporated herein by this reference. 3. All significant environmental concerns for the Project have been addressed in the previously certified Final Environmental Impact Report No. 142 (certified 1992) and its Supplemental Final Environmental Impact Report (certified 2008). The proposed Second Amendment only extends the term of the Development Agreement and does not amend any development standards, development requirements, or required mitigation measures identified in FEIR No. 142 and the Supplemental FEIR (SCH No. 19910071003). 4. The Planning Commission 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. SECTION 3. FINDINGS. 1. The Planning Commission finds the Second Amendment is consistent with the General Plan Policy LU 6.1 Strategy 6.1.5 by supporting Hoag in its mission to provide adequate facilities to meet the needs of area residents and by working with Hoag to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems. The existing Amended Development Agreement provides appropriate development assurances to Hoag to plan for the future while it provides appropriate safeguards to protect the community. Extending the terms of the existing agreement furthers these priorities. 12 2. The City Council previously found the existing Amendment consistent with NBMC Section 15.45.040 as it included all the necessary components including the term, permitted uses, density and intensity of development, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes when it adopted Ordinance 2008-10 in 2008. 3. The Planning Commission finds the Second Amendment to the Development Agreement is consistent with provisions of state law (California Government Code Sections 65864-65869.5) and local law (NBMC §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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach, California hereby recommends City Council adoption of a Second Amendment to the Amended and Restated Development Agreement to extend the term of the agreement by six (6) months. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF JANUARY DAY 2019. AYES: NOES: ABSTAIN ABSENT: BY: Peter Zak, Chair BY: Lee Lowrey, Secretary 13 E. Attachment PC 2 Hoag Summary of Community Benefits 15 10 H �b hl r).^Ihl 11 �tiPliAL pRF.SBYtERIAtl ®�� 0� Re v1, AaM'5800 �e�C.4N7 w s rt R a G, l a 2 -8-6100 April 25, 2018 Mr. Seimone Jurjis Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Hoag Memorial Hospital Presbyterian Development Agreement Adopted April 22, 2008 - Ordinance No. 2008-10 Extension Request Dear Mr. Jurjis: As you are aware, on January 31, 2018 Hoag formerly submitted a request for an extension of our existing Development Agreement. During my follow-up meeting with you and Jim Campbell on March 14, we reviewed the many non-profit community benefit activities in which Hoag participates, including the Toshiba Classic (renamed the Hoag Classic beginning in 2019) and the tremendous benefits Hoag brings to the community of Newport Beach. Based on that discussion, you suggested we summarize in a written overview those attributes and benefits. We present the following information to you in that vein. Proudly Serving the Communityfor More Than 65 Years For more than 65 years, Hoag Memorial Hospital Presbyterian has proudly served the residents of Newport Beach and surrounding communities from our flagship hospital at One Hoag Drive. While respected throughout the world for our compassionate care and leading-edge medical programs and services, we remain at heart a community hospital that has tended to the health care needs of generations of Newport Beach families. We strongly believe our relationship with the local community has produced, and will continue to produce, many public benefits. It is with this heritage and history in mind that we begin our Development Agreement Extension discussions. As those important discussions get underway, we wanted to take a few minutes to review some of the significant public benefits Hoag Memorial Hospital Presbyterian contributes to the City of Newport Beach and its residents. Hoag Hospital Hewport Beach Hoag Hospital Irvine umHnagGwe 16200 Sand Canyon Avenue ❑c�apm[ B""I" CA 42663 Irvmp, CA 42618 www.hoag.org �� Mr. Seimone jurjis Page 2 April 25, 2018 Few cities can rightfully claim, as Newport Beach can, to have one of the finest hospitals in the nation in their own backyard. Hoag was the highest ranked hospital in Orange County in the 2017-2018 U.S. News & World Report. Five Institutes of Excellence Deliver World -Class Care Our five Institutes of Excellence have received national awards for outstanding clinical care in the areas of Cancer, Heart and Vascular Disease, Women's Health, Neuroscience and Orthopedics. Using the most advanced imaging equipment, sophisticated robotic -surgery technology, and other pioneering tools and procedures, we are not only saving lives but enabling a higher quality of life for the people of Newport Beach and their neighbors. From cutting-edge Alzheimer's research that is allowing people to live without the debilitating effects of memory loss, to a world-class diabetes center that has turned a one- time killer into a manageable chronic condition, to internationally renowned cancer programs, and unsurpassed pre- and post -natal services for new families, Hoag offers an unrivaled level of health care for the community. Community Collaborations Key to Hoag's Outreach But it is not only great medicine and world-renowned doctors that make Hoag such an integral part of Newport Beach's appeal and reputation for an outstanding lifestyle. Our collaboration with community organizations, including nonprofits and charities, has inextricably intertwined Hoag with the City of Newport Beach and its residents. Every year, Hoag contributes significant money and resources as part of the Hoag Community Benefit program, partnering with more than 70 local community organizations to improve access to health care to vulnerable populations. Following are just a few examples of these public benefits and community partnerships: The OASIS Senior Center. Hoag contributes $100,000 for transportation services to and from the center, which offers educational, recreational, cultural and social services aimed at helping older adults enjoy enriched, active and independent lives. The importance of these and other services that assist the community s elderly residents cannot be overstated: Currently, more than 13 percent of Orange County's population is 65 or older; by 2040, nearly one in four residents will be in that age category, according to the 2016 Orange County Healthy Aging Initiative. The Melinda Hoag Smith Center for Healthy Living. The center is another important example of how Hoag's community partnerships directly benefit children, the elderly and the infirm. Not only did Hoag help raise the substantial 18 Mr. Seimone jurjis Page 3 April 25, 2018 philanthropic funding needed to establish the center, but it is contributing directly to the center's partners, including a $40,000 grant to NAMI Orange County: Mental Health Education and Outreach. Outreach to local schools. Hoag's efforts on behalf of local schools and the children they serve have been a tremendous source of healing for children and their families. Last year, Hoag contributed $275,000 to the Newport -Mesa Unified School District's HOPE Clinic, which provides vaccines and health information to children in the district. Hoag also contributed $10,000 to the Newport -Mesa Schools Foundation in Grants to Teachers. In addition to these and other grants and programs, Hoag also brought to the district ASPIRE (After School Program: Intervention and Resiliency Education), an intensive outpatient program for adolescents, ages 13-17, with primary mental health disorders and possible co-occurring substance abuse challenges. The evidence -based and outcomes - driven program guides teens and their families through an eight-week curriculum of training in stress management, resiliency, interpersonal communication, mental health and substance abuse education. Project Wipeout. For nearly 40 years, Hoag and Newport Beach lifeguards have collaborated on Project Wipeout, a beach and water safety education program created after Hoag physicians noticed an increased incidence of spinal cord injuries in the Hoag Newport Beach Emergency Department. Each year, thousands of residents, tourists and beach safety service providers are educated about injury prevention, including rip current safety and escape, marine animal behavior and safety, best practices in the water, and sun protection. Hoag not only makes people feel better, we make the people of Newport Beach feel good. Hoag has helped the community rally around philanthropy, raising more than $500 million over the last several years as part of the Hoag Promise, Our Campaign to Lead, Innovate & Transform. As a beloved community icon and source of pride, Hoag inspires people to open their hearts and wallets and to give generously to help those in need. Their donations go not just to Hoag, but also to community organizations with whom we closely partner. These critical, impactful collaborations with residents and community organizations enable Hoag to acquire the most advanced technologies available -- and then use them to provide even more effective care for local residents. 1J° Mr. Seimone Jurjis Page 4 April 25, 2018 Hoag Classic Brings Community Partnership to the Fore' Each year, more than 450,000 people come to our flagship medical center in Newport Beach for their health care needs, generating significant hotel, dining and tourism dollars for the city. The city receives additional revenues from Hoag -related activities as well. A prime example is the annual Hoag Classic (formerly known as the Toshiba Classic), which attracts 80,000 patrons who fill city hotel rooms and frequent local restaurants and businesses - not to mention the $1 million in charitable donations to 45 local charities every year since 1998, when Hoag began managing the event. Not surprisingly, the all-star event has gained renown as Orange County's premier charity fundraiser. The tournament at Newport Beach Country Club has raised more than $19 million since it began, and over the years its proceeds have significantly impacted the way the event's beneficiaries are able to help others in our community. Since 2011, the Mary & Dick Allen Diabetes Center at Hoag has been a major beneficiary of the Hoag Classic's proceeds. Currently, 30 million Americans deal every day with diabetes, while another 86 million are at increased risk for developing the life -changing condition, making the Classic and the major proceeds it generates more important for the community than ever. On the following pages, we invite you to celebrate with us the ways Hoag has helped shape the health, wellness and identity of Newport Beach. In so many ways -- with each patient who walks through our doors, with each community organization with whom we partner, with every advanced health care procedure we pioneer -- Hoag makes Newport Beach, and those who call it home, better. It is our sincere hope that these contributions, amenities, collaborations and public benefits are top -of -mind as we discuss the Development Agreement Extension. We believe the agreement offers Hoag and the city the flexibility and capability of evolving to help meet the needs of the community and its residents for years to come. Sincerely, Sanford L. Smith, AIA Senior Vice President, Real Estate, Facilities and Construction Attachments 20 Attachment 1 Major Projects in Planning • Main Operating Platform - Complete renovation of the West Tower Operating Room Platform incorporating cutting edge technology and robotics in generously sized operating rooms. • Breast Care Center - These improvements will incorporate new cosmetic finishes and fixtures as well as replacement MRI and TOMO imaging equipment / technology. • North Building - Major improvements to one the earliest buildings on campus will include the complete seismic upgrade as well as the renovation of floors two and three, including acute care space and general office/administration support space. • Cancer Center - Responding to the needs of our community the Hoag Infusion Center, located on the second floor will soon be under a complete renovation - doubling in size with state of the art amenities. Additionally, the lobbies, cafe and third floor will undergo significant renovations, both cosmetic upgrades and program enhancements. Major Active Projects • Acute Care Rehabilitation, Tenant Improvements and Rehab Garden - Nearing completion is the 20,000 square foot, 18 bed Acute Rehabilitation facility on the third floor of the West Tower - along with an Acute Care Garden designed specifically for those patients to be seen in this new setting. • PACU / Brain & Spine OR's - A new 12 bay PACU is just seeing patients this week with the constriction of the new Brain & Spine OR's beginning construction immediately, providing state of the art technology and robotics in a generously sized OR environment. • Women's Pavilion Cosmetic Renovation - After twelve years in service, floors 4 thru 7 are undergoing a major renovation in Fixtures, Finishes and Equipment, enhancing the patients and patients family experience. • There are approximately 50 small to medium sized projects underway continuously, as we work to improve the environment for patients, visitors and staff here at Hoag Newport Beach. 21 Attachment 2 Hoag Family Cancer Institute Named one of 100 Hospitals and Health Systems with Great Oncology Programs by Becker's Hospital Review, Hoag treats more than 3,300 new patients annually. Pioneering New Treatments Through Developmental Therapeutics. For patients not responding to standard treatments for advanced cancer, a drug in an early phase clinical trial may offer new hope for a positive outcome. Traditionally, these early phase "developmental therapeutic agents" were available only through clinical research trials in specialized cancer centers. Hoag Family Cancer Institute's exceptional reputation, as well as its alliance with USC Norris Comprehensive Cancer Center, positioned it perfectly to develop a program that offers our community promising new therapeutic agents still in the early phase of development. Philanthropy has made possible a new era of research at Hoag that provides Orange County residents with comprehensive treatments for cancers such as lung, head and neck, pancreatic, ovarian, colon and breast, including lymphoma, melanoma and more. Active Surveillance. Hoag now has the only comprehensive research -based active surveillance program for prostate cancer in Orange County. Unlike many other types of cancer, there are indolent forms of prostate cancer that do not always require treatment. Funded in part by philanthropic dollars, active surveillance is employed in these cases so that a man can avoid the potential risks and complications associated with aggressive therapies. During fiscal year 2017, 40 men were enrolled in active surveillance and made positive wellness decisions that have helped them lose weight and decrease their chances of developing advanced prostate cancer. Anita Erickson Pancreatic Cancer Early Detection Program. Pancreatic cancer is the fourth leading cause of cancer death in both men and women in the United States. Typically, pancreatic cancer is identified at stage four when nothing can be done, but if we can proactively monitor these patients and detect the cancer at an early stage, we can successfully surgically remove the tumors and increase their survival rates. Hoag established Orange County's first clinical research study and early detection program that assesses and monitors individuals at higher risk of developing pancreatic cancer. In its first year, the Anita Erickson Pancreatic Cancer Early Detection Program enrolled 12 patients who had strong family history of pancreatic cancer or who were genetically identified through labs, imaging and testing as being at higher risk to develop the disease. As part of the program, individuals also submit their information to be part of a registry shared by similar organizations in the nation. This database will help clinicians across the country to better understand this complex disease and how to effectively treat and manage it. Hoag's Melanoma and Advanced Skin Cancer Program. Hoag is the first hospital in Orange County to provide comprehensive melanoma early diagnosis and care. FotoFinder, a life - changing technology funded by donor support, scans the entire skin surface of the body and takes high-resolution images that are stored so physicians can compare photos from past visits to 22 detect changes for early detection of melanoma for high-risk patients. In the first year, Hoag scanned 245 patients, discovering 19 early stage melanomas and 16 pre -melanomas. Hoag Family Cancer Institute Financial Bridge Program. Thanks to a significant gift, patients who are financially impacted by their cancer treatments are given assistance with living costs such as gas, groceries rent and mortgage payments. This level of support can help relieve stress and allow for greater healing to take place. Jeffrey M. Carlton Heart & Vascular Institute Offering pioneering surgical techniques including minimally invasive heart surgery, intraoperative ablation for treatment of arrhythmia, beating heart surgery and heart bypass, Hoag attracts patients from across the county, the state and the nation. The Society of Thoracic Surgeons placed Hoag in the highest category for quality and successful outcomes, a rating achieved by only 10 percent of hospitals nationwide. Recently, the Jeffrey M. Carlton Heart & Vascular Instihrte was named one of the 50 Top Cardiovascular Hospitals in the nation by Truven Health AnalyticsTM, and named by Women's Choice Award' as one of America's Best Hospitals for Heart Care for five consecutive years. Most Advanced Cath Labs on the West Coast. Annually, as many as 4,000 patients come to Hoag for an array of procedures to diagnose and treat heart and vascular conditions including cardiac arrhythmias, such as atrial fibrillation and supraventricular tachycardia (SVT). The facilities and technological upgrades, which were completed in November 2016, allow for greater efficiency, increase physician and staff safety and provide greater imaging capabilities, allowing for more complex procedures. For example, a major software upgrade greatly increased the quality of imaging. Cardiac Catheterization Lab (Cath Lab) teams now have the capability to overlay echocardiography and angiographic images to create a 3D view of a patient's heart. Additionally, upgrades ensured greater safety for physicians, nurses and staff who work in the cath labs daily. They are now exposed to much less radiation — as much as 70% less — and have a more spacious and comfortable break room to rest between procedures. The break room also has an audiovisual system that allows them to host trainings on new technology, educational workshops and presentations. Transcatheter Aortic Valve Replacement. Hoag was among three hospitals in Southern California to be selected — and the only community hospital — to participate in the clinical trial to establish the safety and effectiveness of Transcatheter Aortic Valve Replacement (TAVR) in patients who are at low risk of complication during Surgical Aortic Valve Replacement (SAVR). Previously, only patients that could not survive open-heart surgery were eligible for TAVR. This study gives low-risk patients access to TAVR. Hoag was selected as a site for this study due to the presence of research study nurse coordinators and its advanced facilities, all provided by philanthropy. The TAVR procedure at Hoag is a team effort that includes cardiac surgeons, cardiologists, interventionalists, cardiac anesthesiologists, echo cardiologists and a nurse coordinator which is performed in the state-of-the-art Bob & Marjie Bennett Advanced Cardiovascular Surgery Suite, the first operating room of its kind in Orange County. 23 Melinda Hoag Smith Center for Healthy Living Established in May 2016, with 10 nonprofit co -located partners, the Melinda Hoag Smith Center for Healthy Living delivers a cohesive, one-stop, welcoming environment for the complex needs of the community. Ninety percent of maintaining good health is determined not by health care itself, but rather by "social determinants of health" that create barriers to healthy living. The Melinda Hoag Smith Center for Healthy Living community partnerships address these key health determinants by caring for the person rather than the patient. During 2017, the center more than tripled its partnerships now totaling 36 and continues to grow. Partnerships include Orange County's Public Law Center, Second Harvest, Center and the Council on Aging, and Orange County Bar Foundation's diversion programs Short Stop and Stop Short of Addiction, among many others. Together, partner organizations tallied 41,728 patient encounters in fiscal year 2017. The Mary & Dick Allen Diabetes Center Hoag is now the third highest volume provider in Orange County dedicated to helping patients with, or at risk for, diabetes. The Allen Diabetes Center has also gone out into the community to provide education and outreach. Its physician leaders and team of caring staff strive to be lifelong partners in good health to our neighbors, friends and loved ones living with diabetes. Primarily supported by philanthropy, the center is preparing for the next evolution of research, education, prevention and care that is culturally inclusive and encompasses a focus on emotional well-being. Education Research. Donor support allows Hoag to offer culturally nuanced prevention, education and care. In 2017, Hoag researchers discovered that a cohort of Hispanic women with gestational diabetes were more likely than white or Asian women to have a cesarean section and had more emergency room visits during pregnancy. Asian Indian women were different from Chinese women in terms of how they understood and addressed gestational diabetes as well as their outcomes. This information is informing how clinicians respond to their patients and work in partnership with Orange County's diverse community to improve outcomes. Viviendo Saludable Study. This pilot study is currently underway and will assess the feasibility and efficacy of a diabetes prevention program with a special focus on addressing psychosocial needs of those at risk for diabetes. Hoag Orthopedic Institute (Not sure if you want to include since in Irvine) The highest volume orthopedic hospital in California, Hoag Orthopedic Institute (HOI) is ranked nationally by U.S. News & World Report for Orthopedic Care. Hoag Orthopedic Institute has been rated High Performing for Hip Replacement and Knee Replacement, and Hoag was recognized by Consumer Reports "Highest -Rated Hospital" for knee and hip surgery for 2016, making HOI one of only eight hospitals in California to be recognized. Designated by CMS a 5 ri Star Hospital Quality Rating, HOI is the only hospital in the OC and only one of two in OC/LA to receive this designation. Physician Philanthropists. In addition to providing renowned medicine, the committed physicians of Hoag Orthopedic Institute provide significant donations to research, education and community programs that directly benefit the people of Newport Beach. HOI physicians have donated more than $774,000 in gifts since the inception of Hoag Orthopedics to support research and education. HOI physician support covers roughly 10 percent of the Hoag Orthopedics operating budget for research and education programs. And HOI physicians generously give back to the community in myriad ways, including Dr. Carlos Prietto, who serves as volunteer team physician for Mater Dei High School. Pickup Family Neurosciences Institute Hoag ranked High Performing in Neurology and Neurosurgery by U.S. Netivs & WVorld Report, and Hoag was named one of the 100 Hospitals and Health Systems with Great Neurosurgery and Spine Programs for 2017 by Becker's Hospital Review. Hoag received Get With The Guidelines®- Stroke Gold Phis Quality Achievement Award from the American Heart Association. For the seventh year, Hoag received the Gold Plus Quality Achievement Award and, for the first year, the Target: Stroke Honor Roll -Elite acknowledged Hoag for its commitment to providing the highest standard of stroke care according to nationally recognized guidelines based on the latest scientific evidence. Hoag Hospital Newport Beach was certified as a Comprehensive Stroke Center, making Hoag the second DNV GL certified hospital in California and the first hospital in Orange County to receive this accreditation. Hoag earned Level 3 Epilepsy Center Designation by the National Association of Epilepsy Centers (NAEC) for 2016-2017. CareChex ranked Hoag the number three hospital in California for major neurological surgery. And Healthgrades recognized Hoag for superior outcomes in stroke treatment with the Stroke Care Excellence Award. Fudge Family Acute Rehabilitation Center. Until now, stroke patients have had to leave Hoag for continued residential post -acute rehab. The same is true for those with brain injuries and other conditions that require longer-term rehabilitation. With the help of significant support from Gary Fudge, Hoag started construction of the Fudge Family Acute Rehabilitation Center. Last year, Hoag discharged over 400 patients to outlying acute rehabilitation centers with no Hoag oversight for a critical period of recovery. This year, patients will come to the Fudge Family Acute Rehabilitation Center, which is being constructed in unused clinical space on the third floor in the north tower of Hoag Hospital Newport Beach. Alzheimer's Disease. Hoag is on the forefront of Alzheimer's disease research, treatment and education. Among its many services, the Orange County Vital Brain Program offers in-person memory assessment at four locations around the county, including Pickup Family Neurosciences Institute at Hoag in Newport Beach and Oasis Senior Center in Corona Del Mar. Hoag is a leader in providing education and treatment that delays the onset of dementia. And Hoag physician researchers have recently discovered that, for certain patients with a specific diagnosis, taking 25 the "medical food" CerefolinNAC® for at least two years could help delay the effects of Alzheimer's Disease in the brains of patients according to a study published in the Journal of Alzheimer's Disease. Addiction Treatment & Recovery. So1Mar Recovery, a component of Hoag Addiction Treatment Centers (HATC) integrated within Pickup Family Neurosciences Institute at Hoag, opened two years ago, welcoming patients whose addiction was destroying their lives. Insurance limitations and financial challenges prevented care for many of these patients elsewhere, but philanthropy from the Marisla Foundation provided scholarships for female patients to participate in recovery training activities, deepening their understanding of the disease of addiction and providing the tools and strategies needed for a sustainable recovery. A Family Education Group was added every Wednesday night to help patients learn appropriate and healthy ways of coping with stress, improve communications and change behavior patterns. Hoag Women's Health Institute Hoag Women's Health Institute has been recognized as a Center of Excellence in Minimally Invasive Gynecology (COEMIGTM) and has been named by Becker's Hospital Review as a Top 100 Hospital with Great Women's Health Programs. The hospital is designated as a Certified Baby-FriendlyT"' Birth Facility with a Level IIIA Neonatal Intensive Care Unit. And it was named by Women's Choice Award® as one of America's Best Hospitals for Obstetrics. Maternal Mental Health Support Pilot Project. With the financial support of an anonymous donor, Dr. Patricia De Marco Centeno launched a six-month Maternal Mental Health support line in November 2016. This pilot included a call center staffed by a part-time case manager for physicians and callers to get access to available mental health resources in the community. The case manager also performs follow-up calls to postpartum patients that may be at risk for behavioral health issues and helps with physician outreach and education about Perinatal Mental Health. Thanks to support from the Legacy Foundation, we have been able to extend the support line beyond the six-month pilot. Hoag Breast & Ovarian Cancer Prevention Program. Under the leadership of Dr. Heather Macdonald, Hoag is elevating the standard of care for women whose genes place them at increased risk of developing breast or ovarian cancer. By drawing together a multidisciplinary team of experts in meditation, fitness, nutrition and sexual and mental health, the new program educates and empowers high-risk women throughout the community. The Hoag Breast & Ovarian Cancer Prevention Program works in collaboration with HERA (Hoag's Early Risk Assessment) and HERA Under 40 including Lisa Abaid, M.D., gynecologic oncologist and member of Hoag's Gynecologic Robotic Surgery team, Nirav Savalia, M.D., director of Oncoplastic and Aesthetic Breast Surgery, and Patricia De Marco Centeno, M.D., director, Women's Mental Health Program. Labor/Delivery/Recovery Simulation Drill. Studies show programs using computerized, interactive human simulators boost positive patient outcomes and safety. While academic hospitals routinely conduct simulation drills for physicians, it's rare for community hospitals to provide this training to their medical teams. Thanks to philanthropic support, Hoag's Simulation 20 Drill Program prepares clinicians for the unexpected. The drills allowed Hoag to streamline communications with the lab, improve the hemorrhage cart for the Mother Baby Unit and identify medicines and specific equipment necessary for real-life emergency situations. Obstetrics Emergency Department (OB -ED). Hoag was the first hospital in Orange County to create an Emergency Department specifically for obstetrics. The OB -ED has three full-time and two part-time laborists — an obstetrician who works full-time in a hospital — and two nurses to ensure expert care is available around the clock for expectant mothers in need of immediate care. This service contributes to a growing trend nationwide that helps increase access to specialists and improves patient outcomes. Since its opening, over 200 patients per month have presented to Hoag's OB -ED for complications of pregnancy including diabetes, preeclampsia, bleeding, etc. and evaluation and treatment of conditions such as nausea, vomiting, headache, and urinary tract infections. 27 22 Attachment PC 3 Hoag Memorial Presbyterian Planned Community Development Plan (PC Text) 29 30 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 FINAL_Hoag_PC_041808a.DOC 31 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations TABLE OF CONTENTS FINAL_Hoag_PC_041808a.DOC S2 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 VHI. HOAG HOSPITAL LANDSCAPE REGULATIONS 24 IX. SITE PLAN REVIEW. 27 FINAL_Hoag_PC_041808a.DOC S2 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 32 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 33 8. COAST HIGHWAY LANDSCAPE SCREEN 34 LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS 9 2. PARKING REQUIREMENTS 23 FINAL_Hoag_PC_041808a.DOC 33 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations I. INTRODUCTION Backeround 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 goveming building codes. FINAL _Hoag_PC_04I808a.DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 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. 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_04I808a.DOC F] 3.5 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. 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 alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) FINAL _Hoag_PC_04I808a.DOC 3 so 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 Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours. Residential Care: Medically -oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: For the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights-of-way. FINAL _Hoag_PC_04I808a.DOC 2 37 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. 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 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 FIR for the Master Plan Update (SCH41991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing FINAL _Hoag_PC_041808a.DOC 5 W Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIRs, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIRs. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. FINAL _Hoag_PC_041808a.DOC b 39 40 210 LIWEIAHE 230 LILLIELANE LOWER CAMPUS Note: Buildings labeled for identification purposes only LOADING DOCK (Under BUIMIn® MAIN LOADING 001 270C/AGGNrE'YL}IANE N \ UPPER CAMPUS HOSPITALROAD L NOAG DRIVE '+" AGAIN PARKING �. STRUCTURE ANCILLARY BUILDING \, WOMEN'S PAVILUON j WEST ��. BLDG 260CAGNEYIAN 1 ORIGINAL19529UIIDING I� !R CENTER .. ..0 y PARKING _ HIGHWAY -- tKI PG DRIVE / -moi r `I it rll= SOUTH PARKING II f, II rT S RUCRIRE ! NORTH rl � t � 11 100 0 100 `zoo f SCALE: 1"=200' PLANNED COMMUNITY SITE AND BOUNDARY MAP EXHIBIT 1 HOAG MEMORIAL HOSPITAL PRESBYTERIAN 08.20.07 REVISED 01.22.08 41 LEGEND PRIMARY ACCESS (SIGNALIZED) SECONDARY ACCESS PRIMARY ROADWAYS SECONDARY DRIVEWAYAND SERVICE / 210 PARIS LANE el / CunOGEN P00' GIN ,y I NOR MqY' oOWrER £ e � LOADING DOCK (Under Building) Y ANCILLARY 1iY]y A BUILDING MAIN LOADING DOC'. \ 230 LILUE IANE 230lILUE WYE t 2]O CAGNEY IANE It, - `.,fes � �� � (r��� ti YUNE '—,� c F MODUTAft �"( �_. _ OFFICES r w 280CAGNEYIANE \\� ....µ ♦ SURFACE ♦.!«M«a PARWNG - � � CANCER CENTER p p /' Dun, y7 Ch IJ i ORIGINAL �rDNERENCSo'IR`-_) = i.�fe+xP , SOxME .O CONFEgENC HIGHWAY Note: Buildings labeled for identification purposes only — — VEHICULAR ACCESS ALROAD NORTHPARKING STRUCMRE WOMEN'SPAWLUON G J4 F' 1 D7 '/II J SOUTH I/ J PARKING I STRUCNRE , I 1 � I - 11 100 0 r ' I � I / i J /l `7 NORTH 11 100 0 100 200 SCALE:1"=200' rvLlmlrn REVISED 42 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 - MAxLMum ALLOWABLE: 1,343,238 SQUARE -INET ` As of the date of adoption. Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus 3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL _Hoag_PC_041808a.DOC Maximum Allowable Net Allowable Site Area Building Area Existing] Remaining U 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft. 990,349 sq. ft.2 w Ln U 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. ft. 577,889 sq. ft. w O H 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 F- ` As of the date of adoption. Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus 3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL _Hoag_PC_041808a.DOC 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 listed under the five permitted use categories are not an exhaustive list. Other hospital -related uses which fit into the five (5) permitted use categories are allowed. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review and approval of the Planning, Building, Public Works, and Fire Departments. A. Permitted Uses Lower Campus a. Hospital facilities, including, but not limited to: (1) Outpatient services: (a) Antepartum Testing (b) Cancer Center (c) Skilled Nursing (d) Rehabilitation (e) Surgery Center (f) Clinical Center (g) Day Hospital (h) Back and Neck Center (i) Biofeedback 6) 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 FINAL _Hoag_PC_04I808a.DOC 10 W 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) Chapet/Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop 6) Laboratory (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities4 (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 4 Parking structures or decks do not count toward square -footage FINAL _Hoag_PC_041808a.DOC 11 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations b. Methane gas flare bumer, 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 (fl 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)s b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. 5 Does not count toward square -footage FINAL _Hoag_PC_04I808a.DOC 12 MEN 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. FINAL _Hoag_PC_04I808a.DOC 13 4j 42 UPPER CAMPUS ZONES TOWER ZONE- MAXIMUM BUILDING HEIGHT 235' ABOVE MEAN SEA LEVEL MIDRISE ZONE- MAXIMUM BUILDING HEIGHT 140' ABOVE MEAN SEA LEVEL PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA LEVEL, EXCLUSIVE OF ELEVATOR TOWER LOWER CAMPUS ZONES LOWER CAMPUS ZONE- SUB- AREAS A, B, C, F, AND G- NO BUILDING SHALL EXCEED THE HEIGHT OF THE EXISTING SLOPE OR THE RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED BUILDING HEIGI f SUB ARM SUB -AREAS D AND E- MAXIMUM BUILDING HEIGHT 57 5 FFFT AROVF MFAN SFA 1 FUFI MICAL RANGE OF BUILDING HEIGHT, ABOVE PROPOSED GRADES MICAL RANGE OF MMIMUML BUILDING HEIGHTS, MEAN SEA LEVEL QASU AVERAGE SLOPE ELEVATION e VlawpaM 21D 12pB05.F.) ! e IM of FwR,,e along Linear VlexyeM wWnZ es AaW8 SMII Pr .Coon voe Ceniema Bemoan BuINNpc 31 as rw 6Ymmp sewank _ _=COAST SDUN PI"a PNaa55'— Non, BVaet FrotMpe Woaa0 _ Sauul Envy Note: Buildings labeled for identification purposes only DEVELOPMENT CRITERIA PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN LOADING DOCK (Under BullElniD mem wnwnu uvun � � / 2i0CAGNEYIANE 280CAGNEYIANE .•-.ASO AO V. I J 4r �12 f = r J]s:x /PgNA8G CANCER/ T/ Cm E, ExWUN J/ CBDFAF I I = }c.r mYm '»�.�'t,Ai I y. �' � 25'Mm I '•-.i.-�F�1� G.. Ispl rte I�. / emlelnp i OENC C.� N _�.J,'/yyyl 1 S.twaAkng CENTER / C/ F J51=o�G DRIV( /1�Sveel Fmnlapfer = Ise X 13i1:/�aS;I cunt IEIENC 1 - :°o ef�pOP _— .�I NORTH CENTER/ =_ /PARKING H/GHVVgy mill RE r 100 0 100 200 15'MlNmum 8u1WI1q SMEvck PLUS MkN➢Wn a121YaM 25 Along Suom Fmnupe E., of — -- _ B"'" E"" — SCALE : 111=200' r REVISED 49 -90 5D 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: 1st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of twenty (20) feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of twenty-five (25) feet. The setback on West Coast Highway westerly of the hospital entry signal shall be forty-five (45) feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within one -hundred fifty (150) feet of the West Coast Highway frontage, as follows: 1st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. FINAL _Hoag_PC_04I808a.DOC 15 152 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. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Lighting The lighting systems shall be designed and maintained in such a manner as to shield the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be designed and screened to blend into the building roof using materials compatible with roofing materials. FINAL _Hoag_PC_04I808a.DOC 16 52 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations G. Signs All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. 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 VIII J. Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after 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 _Hoag_PC_041808a.DOC 17 JAS 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. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7AM-10 PM 10PM-7AM Daytime Nighttime Leq (15 min) 65 dBA 55 dBA 2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt from applicable noise standards as listed above. Vehicle idling shall be prohibited on West Hoag Drive and within the loading dock areas, except that refrigerated vehicles may idle while at the loading docks when refrigeration is necessary. In addition, the grease pit cleaning which is exempt from the City Noise Ordinance as a maintenance activity shall occur on a Saturday between the hours of 11:00 AM and 3:00 PM. FINAL _Hoag_PC_04I808a.DOC In M 79.0 res I X ASPM. I CON V` / s \ 0 0.6 X LEGEND, Existing Fence Property Line Easement Line ------- \18.59 High Wall 23' High Wall \\ v 17v\High Wall \ ................ 14'figh-Wall 9 \ Ao NOTE: Sound Wall is approximately 470 Linear Feet. Sound Wall height measured from 6c adjacent roadway surface. \\ O \\ \ \ y \ 2� X\ 2y� 6' \ \\ \ 55.] X 68J O/ f O 56.4 X CONC. wo X SOUND WALL LOCATION PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN April 3, 2008 '---1 66.8 Y� X �\ 'moo II II 0 40 80 EXHIBIT4 55 50 LEGEND PROPERTY LINE AS IDENTIFIED IN SECTION M.I., DISTRICT REGULATIONS DLOADING DOCK AREA AS IDENTIFIED IN SECTION M.2., DISTRICT REGULATIONS Z, lNrN6 m LOWER CAMPUS e MOOm OfFl : Note: Buildings labeled for Identification purposes only LOADING DOCK AREA HOAG MEMORIAL HOSPITAL PRESBYTERIAN J�IIpq�P /SII'{I'I"IIIPgp�pryVII11I1III1II'nV COXEENENCE CFNIEN HIGHWAY uxcar LENTEN mm UPPER CAMPUS \�I MMUMY WILD= BUM BIDG NOOMPA NG SMO m MMaPSPANWON 7 NORTH 100 0 100 200 --J--L—j SCALE:1"=200' 57 -90 5g 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 Sien 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 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 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 _Hoag_PC_04I808a.DOC 21 59 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. FINAL _Hoag_PC_04I808a.DOC 22 MIN Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VII. HOAG HOSPITAL PARKING REGULATIONS A. 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. 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 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 _Hoag_PC_04I808a.DOC 23 01 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VHL HOAG HOSPITAL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures if proposed for the Lower Campus. Trees shall not be used, however planter boxes, green roof treatments or trellis systems shall be designed to provide added visual relief of rooftop parking or parking structures. All rooftop or top of parking structure landscaping proposals shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than twenty-four (24) inch box size. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 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 #6. FINAL _Hoag_PC_04I808a.DOC 24 lire Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations B. Maintenance 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 FINAL _Hoag_PC_041808a.DOC 25 IM Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall also include sufficient additional landscaping to screen or soften the soundwall required pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program shall be developed for parking structures and rooftop parking proposed for the Lower Campus and shall be subject to the review and the approval of the Newport Beach Planning Department. FINAL _Hoag_PC_041808a.DOC 26 IM Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IX. SITE PLAN REVIEW A. Purpose 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, 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, exeeptfer easualty. 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 for any new structure or the addition to an existing structure, as outlined in Section IX.A above, prior to the issuance of a grading or building permit or issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning and Development review. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: FINAL _Hoag_PC_04I808a.DOC 27 05 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking and off-street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. 2. A landscape plan, drawn to scale, showing the locations of existing trees (proposed to be removed and proposed to be retained); and indicating the amount, type, and location of 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: 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 FINAL _Hoag_PC_04I808a.DOC in Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. 5. Potential impacts shall be mitigated to less than significant levels. G. Public Hearine - 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 period an appeal in writing has been filed by the applicant, or any other person, the Planning Director has requested a review of its decision, or unless the Planning Commission, not more than twenty-one (21) days after the Director's action, on its own motion, elects to review and act on the action of the Director, unless the applicant consents to an extension of time. The Planning Commission may affirm, reverse or modify the decision. Such action by the Planning Commission shall be final, unless subsequently appealed or reviewed. L 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. FINAL _Hoag_PC_041808a.DOC 29 07 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review 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. J. Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty-one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. 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 final. L. 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 Review are violated or if any law or ordinance is violated in connection there with. 3. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. FINAL _Hoag_PC_04I808a.DOC M W LANDSCAPE MATRIX ■ HOAG HOSPITAL LOWER CAMPUS Prepared 4/15/2008 4/16/2008 O9 Government/Agency Anticipated Location Area Description Landscape Element Schedule Status Outcome / Effect Add 5, 48" box evergreen screen trees and new Nov 2007 Installed Project completed Screen/soften views of west Area 1 - Co Gen Additional tree planting irrigation end of Cc Gen Building per community request From PCH Add 3, 48" box evergreen screen trees and new To commence May 2008. Added screening of Co Gen Additional tree planting irrigation 9 Install completion July Coastal Comm. Approved 2/OS Flare Area 2 • Co Gen per community request 2006. Attach metal green screen lattice structure to To commence May 2008. Install completion July Coastal Comm. Approved 2/08 Screen/soften specific views of Add green screen cover east building elevation 2008. Co Gen Building Area 3 - Cc Gen lattice per community w request To commence May 2008. Screen/soften specific views of Plant flowering vines to cover green screen Install completion July Coastal Comm. Approved 2/08 Ca Gen Building CL 2008. E O U Clean up and regrade Additional shrubs, groundcover and new Added visual quality and I irrigation system added upon completion of wall Nov 2007 Installed Project completed erosion control N Area 4 - Cc Gen Slope area with added shrub project. �Behind Trailers and groundcover J planting A O = 24 trees, shrubs and groundcover plantings and Nov 2007 Installed Project completed Added campus visual quality Tree shrub and new water conserving irrigation system 9 9 Y screening and erosion control g Area 5 - Co Gen Slope groundcover planting Installed as part of Lower Campus Wall Project Area 6 - Retaining Wall base at West Trees and shrubScreen 8, 24" box evergreen screen trees Nov 2007 Installed Project completed and soften views of planting retaining wall Parking Lot Installed as part of Lower Campus Wall Project 12, 36" box Flowering trees and 4 fan palm Nov 2007 Installed Project completed Soften views of open parking lot trees and irrigation system at end islands areas Area 7 -West Parking Tree planting Area Islands Installed as part of Lower Campus Wall Project Increased shade and visual enhancement to parking area Installation shall commence no later Soften views of open parking lot Area 7a -West Tree planting Install 23, 36" box flowering trees and 3 fan Installed no later than Dec than 60 days of CDP issuance by areas and increase shade and Parking Area Islands palm tree s 2009 the Coastal Comm visual enhancement to parking areas. Area 8 - Top Of Flowering bougainvillea 550, bougainvillea shrubs installed as part of Nov 2007 installed Project completed Colorful edge definition and softening of views along top of jRetaining Wall shrub planting Lower Campus Wall Project retaining wall CIL U Area 9 - North Slope Regrade area add fence Shrubs, groundcover, fencing and new irrigation Installed no later than Dec Installation shall commence no later 120 by Enhanced overall campus 3 above Retaining Wall shrub and system 2009 than days of CDP issuance visual quality, safety and O groundcover planting 9 P 9 the Coastal Comm erosion control J o Added Visual Quality, Parking = Area 10 - New Child Additional trees shrubs 17 trees, shrubs and groundcover and new area screening and building Care Facility & groundcover planting irrigation system Dec 2007 Installed Project completed drop off and entry area definition Area 11 -Lower Replace trees, shrub Trees, shrub & groundcovers and new irrigation Installation schedule Dec. Pending city approval in concept Improve & unify campus Campus Utility and groundcover and system 2009 and Coastal Comm Approval planting character along PCH Upgrade Project enhance planting areas frontage after utilities installed N � Immediately upon issuance of an C Approval in Concept (AIC) by the O City of Newport Beach an U application shall be submitted for Area 12 - PCH Green Additional green screen Install approx. 870 linear feet of green screen Installed no later than Dec said improvements to the Coastal Screen views of west parking 3: Screen and tree/shrub planting along PCH frontage 2009 Comm. Lot from PCH O Construction of said improvements J shall be completed no later than 18 months after CDP issuance by the o Coastal Comm. 2 Area 13 - Future Temporary native Add coastal wild flower and grass Hydroseed Erosion/dust control and Parking Lot at base of hydroseed planting until permanent parking lot with Hydroseed and irrigation Hydroseed and irrigation completed enhanced visual quality Wall Behind ATP groundcover Planting landscape improvements added. Installed Dec 2007 pending future parking area Bldg. installation Color Code Indicating Current Project Status Green Indicates current improvements that have been installed per previous approvals Yellow Indicates improvements Installed but not apart of required permits Orange Indicates improvements in design phase yet to be submitted for city or agency approvals Aqua Indicates Improvements proposed but not approved for installation R/Hdo Ltd. 1/15/08 Revised 4/15/08 for City Council Meeting 4/16/2008 O9 70 J4/ v11NI B Al \ A2 Al2 r'vPO.UNE I,51e �.IWIIION4 WR SCPEENMG 210 .151 21011.E.A PACIFIC 230p1UEUNE LNI. / 0 arll A10 0 � a p1.111; aRl f �. /~ IYgY8pf11 ]90 CI4NEYIMVF \ \ — �_�-dRUMFILR55 Ao►�-. �--I N Nme♦cm MaGINL . vPNUDN Ij/,/ . le COM1RPENCE LFMIIP W.N OaGwa t 2 WNFVUN cunfnw9unc $IRUCIURf HOAG LOWER CAMPUS IMPROVEMENT PLAN `1 7O ' / N♦ 0` t` pawyrxY� YYYr • Y. h.Yw •._.. weuww� • rr www • w.+ • .�....... w.ha. • r....r ha.wuo... y {� N>•wY�e•1�r Www• • wF�rw M • ♦ ••E�nule �wwwwwr �Y icy � Mrurr • r Is • M1rsarM�M" rrw rv. �Nw.wrr •• ur.w..er N......v.. rwir 1wwnWs �r �I.w..w• rr r�.rwh♦ ♦ DEsluartsmmxcv92M*Pns. v9M1Nort: MIMMOSFDV.LLM9pfC110N5fO BE 5lONGAMMNG.OROWN110lfR.VUISPECIfS. ES11M11f➢SMF al A4NMI Mf N PCFfO ]0' f4L 230p1UEUNE LNI. / 0 arll A10 0 � a p1.111; aRl f �. /~ IYgY8pf11 ]90 CI4NEYIMVF \ \ — �_�-dRUMFILR55 Ao►�-. �--I N Nme♦cm MaGINL . vPNUDN Ij/,/ . le COM1RPENCE LFMIIP W.N OaGwa t 2 WNFVUN cunfnw9unc $IRUCIURf HOAG LOWER CAMPUS IMPROVEMENT PLAN `1 7O ' / N♦ 0` t` 71— N08M 2N o_yw b MUM 15.2008 RMSED N UL 15.20D8 RABSEN HERMAN DESIGN OFFICE .DS EMCWECis 199915w um MI , 5 0, 11:3 i. Nft.[n 92f85 nlpNrn% wm 71— PACIFIC COAST HIGHWAY Modular Offices 0 I 0 W-. Background Retaining Wall G FE 10, 40 8' Tall Hedge Screen Along Top of Existing Slope Child Care Center 0 - _ Nk ° a1 South Entry Drive PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAFT) Rabben/Herman Hoag Memorial Hospital Presbyterian 04/14/2008 L 1) tnnP9AI(h4@cbl1 M� ta,rIzr,ning UrY nsign Newport Beach, CA. Attachment PC 4 Amended and Restated Development Agreement No. 5 �3 74 RECORDING REQUEST BY, AND WHEN RECORDED MAIL TO: City Clerk City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 This Document was electronically recorded by ER Cert Mail D Recorded in Official Records, Orange County Tomq Daly, IlClerk-Recorder �'I (IQ�9��ID�II�WIWI�I��OI�I�IIIuW��V�/lull NO FEE 2008000289321 12:35pm 06117/08 120 33 A17 56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 EXEMPT FROM FILING PEES CAL GOVT CODF § 6103 (Space above this line for Recorder's use) ,,Ai -ii7;1 i i(a1.�'vsRDIi IG (S,;.tsi:pI i PER 1,.;r'rR `f E1t tilr COLDE, 2 733 80 01 ANIENDMENT 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 May 13, 2008 Ordinance No. 2008-10 FINAL. 5116108 10001.34 H&0: 958720 A 715 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 F 6103 (Space above this line for Recorder's use) EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 27333 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 May 13, 2008 Ordinance No. 2008-10 FINAL 5116108 10001.34 H&0: @58720 vi 7LO AivIENDMEN'r 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 1.190 to read as follows: FINAL 5116,08 10001.34 HFce: #53720 vI 1.9 Hoar Property. Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit "B" (the "Property"). 1.10 Hoag Healthcare Services. Hoag is a modem, state-of- the-art acute care, not-for-profit hospital providing a comprehensive mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institute, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical programs in many other specialties. 1.11 Hoa_ 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, Eire 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 S10 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 77 1. 12 EIR No. 142 and P.C, Text. On May 26, 1992, the City Council of City ("City Council") certified the Hoag Hospital Master Plan Final EIR No. 142 and adopted the Hoag Memorial 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. Underthe 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 AueementNo.5.OnMay26,1992,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 FINAL 5/16,98 10001.34 H&O: #58720 vI 2 72 Noise Element in the General Plan and Noise Ordinance. It is proposed that noise generated and originating from the Property be governed by the City Noise Ordinance with certain exceptions. 1.18 Noise Attenuation. Hoag has taken significant actions to attenuate noise generated from mechanical equipment and has installed 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 all225,000 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; FINAL 5116108 10001.34 H&0: 45871_0 YI 3 �J (e) delete a provision that required the City and Floag to conduct a study of possible future improvements in and around the easterly end of the Semeniuk Slough, including a requirement that Hoag fund the study and potential future improvements in an amount not to exceed $200,000; and (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: I. Section 1_5 of the Restated Development Agreement entitled Planning Commission/City Council Hearings is amended to read as follows: "1.5 Planning Commission/City Council Hearings. The Planning Conunission, 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 167 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 May 13, 2008, the CityCouncil adopted Ordinance No. 2008-10 approving FINAL 5116108 10001.34 11&0: 958720 A 20 this Amendment and authorizing the City to enter into this Amendment. The adopting ordinance will become effective on June 12. 2005." 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. 94-5, 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. 2005-10 adopted on May 13, 2005 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 "E[R" 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." T Section 3 of the Restated Development Agreement entitled Conditions to Development is amended to add a new paragraph after Subsection (fl 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." FINAL. 5/16108 10001.34 H&O: #58720 vl 21 8. Section 3.3 of the Restated Development Agreement entitled Program OR 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 fully addressed in the EIR. Subsequent environmental documentation is required if this analysis reveals environmental impacts not filly 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." FINAL 5/16108 10001.34 H& -O: ".58720 A 22 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 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 2003 Annual Review." 12. Section 3.2 of the Restated Development Agreement entitled F.,xactions is hereby amended to delete Subsection (c), which reads as follows: FINAL. 51150 10001.33 H&0: 858720 A "(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 poteirtial 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 hind 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)." 7 os 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: FINAL 5/16NS 10001.34 HRR #58720 A "(d) City and Hoag acknowledge and agree that the Restated .Development Agreement and this Amendment confer private benefits on Hoag that should be balanced by commensurate public benefits in favor of the City. Accordingly, the City and Hoag intend to provide consideration to balance the private and public benefits by the imposition of a Development Agreement Fee, which fee shall be used to reimburse the City for public improvements in the area and to fund certain additional needed public improvements identified by the City. Hoag shall pay to the City a Development Agreement Fee of Three Million Dollars ($3,000,000). Payment of one-half of the Development Agreement Fee of $1.5 million shall be made upon the Effective Date of this Amendment. Payment of the remaining one-half of the Development Agreement Fee of $1.5 million shall be paid to City 12 months from the Effective Date of this Amendment or at the time of issuance 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 light -tum 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 (S1.5 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 M 24 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, taw 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: FINAL, 5116,118 10001.34 H&o: 958720 A "8.3 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 thejobsite 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 Hoa, -'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 filingthe 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 Eloag's general contractor or subcontractors to follow the procedures set forth in this Section. 9 25 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 meed 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 £or 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 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: FINAL 5/16108 10001.34 H&O: #58720 vl "S.4 Hoag shall reimburse the City up to $ 150,000 for the installation of groundcover, shrubs and irrigation systems within the unimproved portion of Sunset View Park and Superior Avenue, approximately 20,500 square feet in area, located northerly of the cogeneration building. Reimbursement to the City shall be within 30 days of Hoag receiving an invoice from the City." 10 20 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 I" and April 30'h, between the hours of 7:00 AM and 7:00 PM when the relative humidity is equal to or above 60% and when ambient temperatures are equal to or less than 55 degrees Fahrenheit. 17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby amended to delete: RNAL 5116,08 10001.34 H&0: 058720 vi "with a copy to: Tim Panne Paone, Callahan, McHolm & Winton 19100 Von Karman, 81h 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 Il g� 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: FINAL 5/16!08 10001.34 H&O: 1!58720 A "11. 17 Indemnification/Hold Hannless. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment, including, but not limited to, the approval of the Planned Community Text and/or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for 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." 12 22 19. Exhibit C of the Restated Development Agreement shall incorporate the First Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C entitled: "HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission March 20. 2008 Adopted by the City Council City of Newport Beach Ordinance No.2008-10 May 13, 2008" 20. 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] FINAL 51161D8 10001.34 11&0: 158720 v1 13 29 F6 i IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Development Agreement No. 5 to be binding as of the Effective Date. CITY: THE CITY OF NE ORT BACH, a municipal corporation of t4ltate, f(Cal' mia` 11 i By: i —� Edwar e 1ch; Wor OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California onprofit public benefit coati� By. 6th, Richard F. Afab e, M.II. President and CE (fill Signatures to be Notarized) FINAL 5/16/08 10001.34 H&O: 958720 A 14 90 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California In County of 1+ 71 rU ?t On`^��j JII rv(3 before me, �Pil L �- �:tPJfJ .��i� Date I ^ Hera Insert Name end l to of the aloe. personally appeared -_� MLANI 1. SROWN )-� - Comn1135ion Ie 1633477 -esT Notary Public • Carifornla i Orange County - 14 COComm. Expdres tan 25, 2010 tEItANI it BPOWN Carnmlulon # 1633477 S ® Notary Public - California _ g Orange County My, comm. Elg7hee Jan 25,201 0j Place Notary seal Abeve V. who proved to me on the basis of satisfactory evidence to be the person( whose name(s) Were subscribed to the within instrument and acknowledged to me that Welter" executed the same in his/hefA#e r authorized capacity(iee), and that by his/he 41:teic signature(G) on the instrument the person(s� or the entity upon behalf of which the person(%.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici I seal. Signature %S'�bU( V1 Signa; Ie of o ary Pudic OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 01 Individual 0 Corporate Officer—Title(s): _ LT Partner — i7 Limited C General G Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: RIGHTTHUMBPAINT: I Number of Pages: Signer's Name: CI Individual C Corporate Officer — Title(s): C Partner—G limited ,General ❑ Attorney in Fact Trustee t_t Guardian or Conservator n Other: Signer Is Representing: 'RIGHTTHUMBP.RINT-. Of SIGNERt .. 02007Natiowl Noetry.Assodallon•9350 De solo Av..P.O.SW24M-Chat.rM.CA 9131S2402•meiNeuwWNolaryow Ilom Ns907 Rwdor:Ca4To9-Fore1-6066766527 9:L CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of dPa c;z On M6h jq,zeos before me, '4>cLl,,121A Ii noes, ijtnj-e Pt.W;c t� (Here insert name and title of the officer) personally appeared Q i eitr-tlzcl 4,PA b)tn who proved to me on the basis of satisfactory evidence to be the person(x) whose name @/ace subscribed to the within instrument and acknowledged to me thatQYaWtEts} executed the same in /thbir authorized capacity(iga), and that by d�/their signatweO) on the instrument the personK or the entity upon behalf of which the person(s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Comm. H61848 Comm. A 1561818 WITNESS ❑ry hand and official seal. N -o So7urrauauc-culfag3u N + I 3 try cmnm. � rcYudt ta,:aac� (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT fLNPHF icH deo Qe tt I (fide or description of attached ocu ; Aa�fu,wtP,.tY ��. s (title or description of attached document continued) Number of Pages 3'� Document Date S -I 9-C b (Additional information) CAPACITY CLAILIED BY THE SIGNER ❑ Individual (s) Of Corporate Officer Rpside• )I Rud CED (Title) ❑ Partner(s) ❑ Atromey-in-Fact ❑ Trustee(s) ❑ Other 2008Versfon C.4PAvl>_.10.07300-873-9365 www.NotapCloses.com INSTRUCTIONS FOR COIf9PLETING THIS FORM Arm acknowledgment completed in California must contain verbiage exactly as appears above in rhe nomry section or a separate acknowledgment fort must be property completed and attached to that document. The only crceptiot b if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed of such a document ,m long as the verbiage does not require the notary to do something that is illegalfor a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial warding and attach this form (required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Data of notarization must be the date that the signer(s) personally appeared which must also he the same date the acknowledgment is completed. • The notary public must prim his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshc)thep,- is /era ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression mush not cover text or lines. If seal impression smudges, te-seal if a sufficient area permits, otherwise complete a diffcmmt acknowledgment form • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document 92 U� RECORDING REQUEST PER GOVERNMENT CODE 6103 Recording Requested By and When Recorded Return to: city clerky City of Newp��Brt Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 is IOC # 94-0207276 23—MAR-1994 03:59 pM Recorded in Official Records of Orange County, California Lee A. Brandi, County Recorder ?age I of 61 Fees: I 0,0A Tax: $ 0.00 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTE Approved February 14, 1994 Ordinance No. 94-8 RECEIVED APR g 1994 dy F "rerc, Af I 93 THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian ("Hoag"). RECITALS. This Agreement relates to the following: 41* 1.1 Purpose of Agreement. This Agreement is intended to: (a) Enable Hoag to adapt to the ever changing health care needs of those residents within its service area by authorizing design parameters of new or additional facilities in a manner that will allow Hoag to respond to rapid changes in medical and health care technology and delivery systems. (b) Establish strict, binding limits on the amount and height of permitted development as well as ensure compliance with numerous conditions on the density, location, and timing of construction to minimize, to the extent feasible, any environmental impacts of Hoag's proposed expansion. (c) Impose exactions such as dedication of property, construction of public improvements and/or the installation of landscaping visible to the public, which, when considered in conjunction with the public services provided by Hoag, benefit the general public. 1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of approximately forty (40) acres of real property located in the City and more particularly described in Exhibit "A" and depicted in Exhibit "B" (the "Property"). 1.4 Development of the Propertv. This Agreement authorizes development on the Property consistent with the Hoag Memorial .Hospital Presbyterian Master Plan and Planned Community Development Plan ("Master Plan", a copy of which is attached to this Agreement as Exhibit "C" and incorporated by reference when appropriate), subject to the conditions and mitigation measures identified in Environmental Impact Report No. 142 and imposed by the City Council as conditions to approval of the Master Plan and this Agreement and, for all development within 94 1.2 Authorization. This consistent with, the Agreement is authorized provisions of 65864 et by, and is seq. of the • Government Code of the State of California, and Chapter 15.45 of the Newport Beach Municipal Code. 1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of approximately forty (40) acres of real property located in the City and more particularly described in Exhibit "A" and depicted in Exhibit "B" (the "Property"). 1.4 Development of the Propertv. This Agreement authorizes development on the Property consistent with the Hoag Memorial .Hospital Presbyterian Master Plan and Planned Community Development Plan ("Master Plan", a copy of which is attached to this Agreement as Exhibit "C" and incorporated by reference when appropriate), subject to the conditions and mitigation measures identified in Environmental Impact Report No. 142 and imposed by the City Council as conditions to approval of the Master Plan and this Agreement and, for all development within 94 • • the coastal zone subject to approval of a coastal development permit by the California Coastal Commission or its successor agency. 1.5 Planning Commission/City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5, 1991, January 9, 1992, January 23, 1992, February 6, 1992, and February 20, 1992. The City Council conducted public hearings on the Master Plan, this Agreement and the EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 11, 1992. 1.6 Consistency. This Agreement is consistent with the various elements of the Newport Beach General Plan, the Master Plan, and other applicable ordinances, plans, and policies of the City. This Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic costs of development by providing assurance to Hoag that it may generally proceed with projects in accordance with existing regulations, and provides assurance to adjoining property owners that limits on the height of structures and amount of development as specified in the Master Plan and this Agreement will remain in full force and effect for a period of twenty- five (25) years. 1.7 Police Power. The City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.8 City Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 94-8 approving this Agreement and authorizing the City to enter into this Agreement. The Adopting Ordinance will become effective on March 16, 1994. DEFINITIONS. 2.1 The "Adopting Ordinance" refers to City Ordinance No. 94-8, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. 2.2 "Agreement" refers to this "Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian". 95 2.3 "Annual Review" refers to the review of Hoag's good faith compliance with this Agreement and conditions on development as set forth in Section 5. 2.4 The "Approval Date" means the date on which the City Council voted to adopt the Adopting Ordinance. 2.5 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases, and • assignments. 2.55 "California coastal Commission" refers to the California State Resources Agency established under the California Coastal Act of 1976. 2.6 "CEOA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guidelines promulgated by the Secretary of Resources of the State of California, including any amendments adopted subsequent to the Effective Date. 2.7 "city" refers to the City of Newport Beach, California. 2.8 "City Council" refers to the City Council of the City. 2.9 "Cure Period" refers to the period of time during which a Default may be cured pursuant to Section 9. 2.10 A "day„ or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the .provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Hoag • Default" refers to a default by Hoag. 2.12 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. provided however, the Agreement has been approved by the California Coastal Commission, and the Executive Director of the Coastal Commission is in receipt of a copy of this Agreement signed by both parties. 2.13 The "EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach and Supplemental Environmental Impact Report No. 142. 2.14 An "Estoppel Certificate" refers to the document certifying the status of this Agreement required by Section 5.6 in the form of Exhibit "D". 3 Aak 90 • 2.15 An "Exaction" refers to those specific dedications and improvements required of Hoag and set forth in Section 8.2 below. 2.16 An "Exhibit" refers to an exhibit to this Agreement. All Exhibits are incorporated as a substantive part of this Agreement. The Exhibits to this Agreement are: Exhibit A: Legal Description of the Property Exhibit B: Map of the Property Exhibit C: The Master Plan Exhibit D: Estoppel Certificate 2.17 "Existing General Regulations" means those General Regulations approved by the City on or before the Approval Date (irrespective of their effective date) and not rescinded or superseded by City action taken on or before the Approval Date. 2.18 "Future General Regulations" means those General Regulations (see Section 2.19 below) adopted by the City after the Approval Date. 2.19 "General Regulations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and/or construction within the City and include, the Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. • 2.20 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date and effective prior to the Effective Date. AML 2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non- profit corporation. 2.22 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to." 2.21 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C"). 2.24 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other 97 • •3 transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under aMortgage, including those portions acquired by assignees. 2.25 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.26 The "Parties" refers to the City and Hoag and a "Party" shall refer to either of the Parties. 2.27 "Planning commission" refers to the Planning Commission of the City. 2.28 The "Project" refers to the proposed development of the Property pursuant to the Master Plan and this Agreement. 2.29 "Project Specific Approvals" means all site-specific (meaning specifically applicable to the Property only and not generally applicable to some or all other properties within the City) plans, subdivision maps, permits, or other entitlement. Project Specific Approvals include subdivision maps, site plan review, conditional use permits, coastal development permits, variances, grading and building permits, as well as amendments or modifications to those plans, maps and permits. Project Specific Approvals does not include Existing or Future General Regulations. 2.30 The "Property" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." CONDITIONS TO DEVELOPMENT. 3.1 Introduction. The provisions of this Section express the intent of the parties regarding the extent to which this Agreement vests Hoag's right to proceed with the development described in the Master Plan. Hoag acknowledges that its right to proceed with development described in the Master Plan is subject to numerous conditions and mitigation measures including the following: (a) The specific limitations and restrictions contained in the Master Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; 5 92 (c) Conditions imposed by the City as a result of subsequent or supplemental environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; (d) Conditions imposed by the City Council in conjunction with the approval of Traffic Study No. 81 and Variance No. 1180; (e) Compliance with the terms and conditions specified in •this Agreement. (f) Compliance with Existing General Regulations. 3.2 Compliance with Master Plan Conditions/Mitigation Measures. a 99 Hoag acknowledges that City Council approval of the Master Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimize or eliminate the significant adverse effects of the Project and ensure the health, safety, and welfare of nearby residents as well as Hoag patients and employees. Many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before grading or construction. specific mitigation measures that require compliance with, or satisfaction of, standards before grading or construction can occur include the following: (a) Slope excavation techniques which insure stability; (b) Grading and excavation techniques which minimize disturbance to adjacent residents and the general public; (c) Identification of potential faults on site and • construction of buildings pursuant to recommendations of certified geologists and in a manner which insures that nearby residents, Hoag patients and Hoag employees are not exposed to a significant risk of injury; (d) Evaluation of soil corrosivity and removal of corrosive soils or use of corrosion resistant construction materials; (e) Mitigation of impacts caused by removal of wetlands through off-site restoration as required by resource agencies; (f) Preparation and approval of a project trip generation study prior to development of Phase I of the Master Plan (if Hoag proposes a land use other than specified in the approved Traffic Study); a 99 (g) Preparation and approval of a project trip generation study as a condition to construction of development in Phases II and III of the Master Plan; (h) Preparation and approval of a Traffic Phasing Ordinance analysis prior to construction of development in Phase II and Phase III of the Master Plan; (i) Preparation of a view impact analysis of each proposed building prior to issuance of permits; • (j) Analysis and mitigation of emissions in accordance with the regulations of the South Coast Air Quality Management District; (k) Preparation and approval of a construction phasing and traffic control plan for each phase of development. AOL Hoag's right to develop the Property pursuant to the Master Plan is contingent upon compliance with, and satisfaction of, the conditions and mitigation measures imposed by.. the City Council as of the Approval Date, conditions imposed by the California Coastal Commission required for approval of coastal development permits, as well as conditions and mitigation measures resulting from subsequent environmental analysis as specified in Paragraph 3.3. 3.25 Future Coastal Act discretionary review may result in specific mitigation measures to ensure consistency with the Coastal Act that require compliance with, or satisfaction of, standards before grading or construction can occur. 3.3 Program EIR. Hoag acknowledges that the EIR is a "Program IR." The EIR analyzes the impacts of construction phased over time and, ursuant to CEQA, City is under a continuing obligation to analyze Hoag -s requests for Project Specific Approvals to ensure the environmental impacts associated with the request were fully addressed in the EIR. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIR, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIR. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. 3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation Monitoring Plan ("Plan") within sixty (60) days after the Effective Date. Hoag shall not submit any application for Project Specific Approval until the Plan has been approved by the City Council and the Executive Director of the Coastal Commission or the appropriate entity of its successor agency. 100 The Plan shall comply with and satisfy the requirements of CEQA and the Guidelines and the Coastal Act. The Plan shall be available to the public upon request. 3.5 Compliance with General Regulations. Hoag is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, Hoag shall pay the fee, cost, or expense required as of the date on which Hoag submits the application • for Project Specific Approval. Hoag shall also comply with any Future General Regulations that do not impair Hoag's ability to develop the Property in accordance with the density, intensity, height and location of development specified in the Master Plan. Hoag shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for Project Specific Approvals are submitted. Hoag shall also comply with the Coastal Act and the City's certified Local Coastal Program. 4. RIGHT TO DEVELOPMENT. 4.1 Right to Develop. Subject to compliance with the provisions of Sections 3 and 8.2, Hoag shall have a vested right to develop and receive Project Specific Approvals for construction on the Property to the full extent permitted by the Master Plan. Subject to the provisions of Sections 3 and 8, City shall only take action which complies with and is consistent with the Master Plan and this Agreement unless Hoag otherwise consents in writing. Subject to this Subsection, City shall have the authority to impose only those Exactions which are specifically described in this Agreement, except as expressly required (as opposed to permitted) by state or federal law. • 4.2 Reservations or Dedications of Land. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Hoag in conjunction with the application or issuance of any Project Specific Approvals. Aft 4.3 Conflicting Measures. Except as expressly provided in this Agreement, no initiative measure, moratorium, referendum (except as provided in Government Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Master Plan and this Agreement (including density, intensity, timing, phasing, and sequencing) shall be applied to the Property during the term of this Agreement. 101 4.4 Time for Construction and Completion of Project. Subject to the provisions of this Agreement and the Master Plan, Hoag shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive approval of, in a timely manner, permits or approvals at any time. 5. ANNUAL REVIEW. • 5.1 City and Hoag Responsibilities. At least every twelve (12) months during the Term, the City shall review Hoag's good faith substantial compliance with this Agreement (the "Annual Review"). After the Annual Review, the City's finding of good faith compliance by Hoag shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Party. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued at the request of either Party to afford sufficient time for analysis and preparation of a response. 5.2 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. 5.7 Information to be Provided to Hoag. The City shall mail to Hoag a copy of the staff report and related exhibits concerning Agreement performance a minimum of ten (10) days before the Annual Review. • 5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. For the five year monitoring period imposed by the Department of Fish and Game Streambed Alteration Agreement entered into between the Department of Fish and Game and Hoag, the annual review shall also assess the success of any off-site wetlands mitigation. Five years after the completion of the Department of Fish and Game monitoring period, Hoag shall submit a final report assessing the success of the off-site wetlands mitigation in its annual review. If the survival and cover requirements set forth in the Streambed Alteration Agreement have not been met, Hoag shall be responsible for replacement planting to achieve these requirements. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the r -I 102 • • Aft evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or building on, the Property as of the date of the Annual Review. 5.5 Review Letter. If Hoag is found to be in compliance with the Agreement after the Annual Review, the City shall issue, within ten (10) days of Hoag's written request, a letter to Hoag stating that the Agreement remains in effect and Hoag is not in Default. 5.6 Estoppel Certificate. Either Party may at any time deliver written Notice to the other Party requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) No Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the city. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 5.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Hoag's Default. GENERAL PROVISIONS. 6.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 6.2 Applicability to Coastal Zone. This Agreement shall not be applicable to those portions of the Property located within the Coastal Zone as defined by the California Coastal Act (Division 10 20S 20, California Public Resources Code, beginning with Section 30000) until either (1) the required local coastal program for the Property has been certified by the California Coastal Commission or (2) the California Coastal Commission has approved this Agreement. This Subsection is intended solely to comply with the provisions of California Government Code Section 65869 and shall be of no force or effect if Section 65869 is repealed. • 6.3 Term of Agreement. The term of this Agreement (the "Term") shall begin on the Effective Date and continue for twenty-five (25) years unless otherwise terminated or modified pursuant to this Agreement. Any modifications to this Agreement prior to effective certification of the City's Local Coastal Program (LCP), are subject to the review and approval of the Coastal Commission or its successor agency. 6.4 Assignment. Hoag has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agreement. As long as Hoag owns any part of the Property, Hoag may assign the benefits of this Agreement without delegating the obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Hoag of the corresponding obligations. where an assignment includes the delegation of both the benefits and the corresponding obligations, those obligations become solely the obligations of the assignee. If an assignee is in Default, then as to Hoag or any assignees not in Default, the Default shall not constitute their Default, give grounds • for termination of their rights under this Agreement or be a basis for an enforcement action against them. 6.5 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), and subject to approval of the Coastal Commission or its successor agency prior to effective certification of the City's Local Coastal Program (LCP), this Agreement may be amended from time to time by the mutual consent of the Parties, or their successors in interest, but only in the manner provided by the Government Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. (b) The City Council shall not approve, and Hoag shall not request, any amendment to the provisions of the Master Plan or this Agreement that would increase the maximum 11 ANk permitted gross floor area or the maximum permitted building height (within any lettered building envelope) above that established by the Master Plan as of the Effective Date of this Agreement. This Subsection shall prevail over any conflicting ordinance, resolution, policy or plan adopted by the City Council. 6.6 Enforcement. This Agreement is enforceable by each of the Parties and their respective successors and assigns. • 6.7 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the twenty-five (25) year term; (b) Entry, after all appeals have been exhausted, of a final judgment or issuance of a final order directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement or any material part of the Project; or, (c) The effective date of a Party's election to terminate the Agreement as provided in Section 9.3 of this Agreement. 6.8 Hoag shall defend, indemnify and hold harmless the City and its officers and employees with respect to any claim, loss or damage in any way related to the grading, excavation or stabilization of the slopes adjacent to the view parks by Hoag or its employees, agents contractors or representatives. This Section is not intended to impose liability on Hoag for the acts of persons other than Hoag or its agents, representatives •or contractors. 6.9 Hoag shall enter into an agreement with City to accept ownership of, and responsibility for maintenance of, the existing methane gas venting flare and any device for collecting gas that is subsequently installed on the Property pursuant to conditions or mitigation measures imposed in conjunction with the Master Plan approval or subsequent environmental analysis. CONFLICTS OF LAW. 7.1 Conflict with State and Federal Laws and Regulations. Where state or federal laws or regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the 12 105 is • Awk extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the city Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations which required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and (f) Hoag consents in writing to the modification. (g) Any modifications, prior to effective certification of the City's Local Coastal Program (LCP) are subject to approval of the Coastal Commission or its successor agency. Hoag shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 7.2 Effect of Termination. If this Agreement is terminated as a result of changes in state or federal law, Hoag remains obligated to comply with the provisions of Section 8.2(a) and (b), unless Hoag has completed construction of less than twenty-five percent (258) of the maximum permitted development. PUBLIC BENEFITS/EXACTIONS. 8.1 Public Benefits. City and Hoag agree that this Agreement confers a substantial public benefit by enabling Hoag to construct facilities most appropriate to changes in medical technology and thereby better satisfy the health care needs of residents within its service area. In addition, the Master 13 100 Plan and this Agreement confer benefits on the public and nearby residents by imposing long term restrictions on the height, amount and location of development as well as the public improvements described in Section 8.2. 8.2 Exactions. Hoag shall, as a condition to the right to develop, do the following: (a) Prior to commencement of development, irrevocably offer to dedicate and grade the proposed linear and • consolidated view park identified in Figure 3.2.1 of Volume 1 of the EIR. The City shall accept the offer of dedication within sixty (60) days after the initial grading permit has been finalled by the City. The first stage of development shall include grading of the public linear and consolidated viewpark identified in Figure 3.2.1. of Volume I of the EIR. Hoag shall grade and excavate the slope adjacent to the proposed .28 (28/100) acre consolidated public view park and .52 (52/100) acre public linear view park in a way that ensures stability of the park and adjacent slopes. The grade (between the bicycle path and edge of slope) of the view parks shall be the minimum necessary to insure adequate drainage. The improvement for the linear and consolidated public parks shall be completed within three (3) years after the offer of dedication has been accepted by the City. The City shall ensure that adequate erosion control measures are implemented prior to construction. (b) Subsequent to the approval of this Agreement by the Coastal Commission and the expiration of any statute of limitation for filing a legal challenge to this • Agreement, the Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars ($250,000.00) in an account, and at a financial institution, acceptable to City. The account shall be in the name of the City provided, however, Hoag shall have the right to access the funds in the event, but only to the extent that, Hoag constructs or installs the improvements described in (i) or (ii). Funds in the account shall be applied to the following projects (in order of priority upon notice to proceed served by City on Hoag): (i) The construction of a sidewalk and installation of landscaping in the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road; 14 Ank 107 C J • (ii) The construction of facilities necessary to bring reclaimed water to West Newport and/or the Property; Any funds remaining in the account after completion of the projects described in (i) and (ii) shall be used by the City to fund, in whole or in part, a public improvement in the vicinity of the property. (c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trails and the potential for those trials to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. As a part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that may be permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00). (d) Hoag's obligations pursuant to Subsection (c) are contingent on Coastal Commission approval of the Master Plan and attached as Exhibit C to this Agreement with no significant reduction in entitlement from that authorized in the Master Plan. Hoag's obligations pursuant to Subsection (b) shall be reduced through good faith negotiations in the event the Coastal Commission reduces entitlement by ten percent (10%) or more from that authorized in the Master Plan. DEFAULT, REMEDIES AND TERMINATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party is 208 a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. • 9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Party a Notice of intent to terminate the Agreement. Within thirty (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. 9.3 Notice of Termination. After considering the evidence presented to the City Council, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the existence of a Default. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11.16, in which case the court must render an independent judgment, on the basis of clear and convincing • evidence, as to the existence of good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Party's right to give future Notice of the same or any other Default. 9.5 Default by Hoag. If the City alleges a Hoag Default, the City shall conduct a hearing utilizing the Annual Review procedures required by this Agreement before the City may commence legal proceedings to terminate this Agreement. 9.6 Default by the city. If Hoag alleges a City Default, Hoag, without limiting any of its other remedies, shall not be 16 109 obligated to proceed with or complete the Project or any phase of the Project, nor to perform any further obligations under the Agreement. Upon a City Default, any resulting delays in Hoag's performance shall neither be Hoag's Default nor constitute grounds for termination or cancellation of the Agreement by the City. •0.0 ENCUMBRANCES AND RELEASES ON PROPERTY. 10.1 Discretion to Encumber. Hoag may encumber all or any portion of the Property in any manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Hoag and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification. Any such modification, prior to effective certification of the City's Local Coastal Program (LCP), is subject to the review and approval of the Executive Director of the Coastal Commission or its successor agency. 10.2 Entitlement to written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City written Notice of any Hoag Default at the same time Hoag is provided with Notice pursuant to Section 9.1. 11.0 MISCELLANEOUS PROVISIONS. 11.1 Notices. All Notices (see Section 2.26) shall be written and delivered by personal delivery (including Federal Express and other commercial express delivery services providing acknowledgments or receipt), registered, certified, or express mail, or telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (a) For personal delivery, upon actual receipt; (b) For registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and (c) For telegram, upon the transmission of the telegram. Notices shall be addressed as follows: 17 Aft 110 To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: City Manager To Hoag: Hoag Memorial Hospital Presbyterian • Newport Boulevard Newport Beach, CA 92663 Attention: President With a copy to: Tim Paone Paone, Callahan, MCHolm & Winton 19100 Von Barman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delav:Extension of Time of Performance. Neither Party shall be deemed to be in Default where delays or non- performance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, acts of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, suspension of rights in accordance with the existence of • unforeseen circumstances, litigation, or similar bases for excused performance. If written Notice of such delay is given to the other Party within thirty (30) days after such delay begins an extension of time for performance shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon. In no event shall the term of this Agreement be extended as a result of the application of this Subsection. 11.3 Severability. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement objectively cannot be modified to implement the original intent of the Parties and the Party substantially benefitted by the material provision does not waive its rights under the unenforceable provision, the entire 18 Aft 111 Agreement shall become void. For purposes of this Section, and without excluding the possible materiality of other provisions of this Agreement, all provisions of Sections 3, 4 and 8 are deemed "material." 11.4 Entire Agreement. This Agreement constitutes the entire understanding and Agreement of the Parties regarding the subject matter of this Agreement. This Agreement supersedes • all negotiations and previous agreements between the Parties regarding that subject matter. 11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the Party making the waiver and, prior to effective certification of the City's Local coastal Program (LCP), are subject to approval of the Coastal Commission or its successor agency. 11.6 incorporation of Recitals. The Recitals set forth in Section 1 are part of this Agreement. 11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement. 11.8 Further Actions and Instruments. Upon the request of either Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any is actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.9 Successors and Assigns. subject to Section 6.3 above, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors -in -interest and assigns of the Parties. 11.10 Construction of Agreement. All language in all parts of this Agreement shall be construed as a whole and given its fair meaning. The captions of the paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. This Agreement is not intended to impermissibly contract away the 19 112 legislative and governmental functions of the City, and in particular, the City's police powers or to surrender or abrogate the city's governmental powers over the Property. 11.11 Authority to Execute. The person executing this Agreement on behalf of Hoag warrants and represents that he/she has the authority to do so and the authority to bind Hoag to the • performance of Hoag's obligations under this Agreement. 11.12 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.13 Effect on Title. This Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 11.14 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement void or ineffective. 11.15 Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, • correct, or remedy any Default, to enforce any provision of this Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California. 11.16 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 22S Date: 't"d3^yy , 1994 CITY OF NEWPORT BEACH , Clarence unner, Mayor Date: March 9 , 1994 HOAG MEMORIAL OSPIT/RESBYTERIAN is : B Y Albert Chairman of the Board L J Amk wb\h08gda4.tnl 1/21/94 21 114 Exhibit A LEGAL DESCRIPTION The subject property is the following real property in the City of Newport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. is 115 Exhibit B OY►)f37.pg NlYON fb„% m Mot 110 • • HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission February 20, 1992 Adopted by the City Council City of Newport Beach Ordinance No. 92-3 May 26, 1992 Exhibit C 117 • TABLE OF CONTENTS I. Introduction 11. General Notes III. Definitions IV. Development Plan V. District Regulations VI. Sign Program VII. Parldng Program VIII. Landscape Regulations LY. Site Plan Review May 26, 1992 Page Number 1 2 4 6 11 20 22 24 27 118 AMk EXHIBITS Page Number 1. Planned Community Development Plan 7 2. Internal Circulation 9 3. Development Criteria 15 TABLES 1. Statistical Analysis 10 2. Parking Requirements 23 May 26, 1992 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. Muy 26, 1992 120 1. Water service to the Planned Community District will be provided by the City of Newport Beach. • 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K-5 and K-6 regarding archaeological and paleontological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. • 7. New mechanical appurtenances on building rooftops and utility vaults, excluding communications devices, on the upper campus shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be screened on the lower campus. Noise shall not exceed 55 dBA at all property lines. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. May 26, 1992 121 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building • permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall be installed within 30 days of the completion of grading. is May 16, 1991 F 122 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 Envelopg: the volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Buildingx 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. Fast Aid: low acuity medical treatment for non -life threatening situations. General Plan: the General Plan of the City of Newport Beach and all elements thereof. Grade: for the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, • a proposed new development or alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) 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 overnight stay. Landscape Area: the landscape area shall include on-site walks, plazas, water, rooftop Mny 26, 1992 4 123 r: • 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 require overnight stay. 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. Special Landscaped Street: West Coast Highway is designated as a special landscaped street, containing special landscape requirements. Streets: reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights-of-way. May 26, 1992 124 IV. DEVELOPMENT PLAN roiect Characteristi 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 (the Versailles and Villa Balboa/Seafaire condominiums) to the west. The lower campus is located north of West Coast Highway, south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and adjoins the upper campus at its eastern boundary. The upper campus is, and will continue to be, oriented towards inpatient functions, while the lower campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1. From 1990 to 2015, many of the existing buildings shown on the Development Plan for the upper campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. The Development Plan includes a 0.8 acre view park adjacent to the bike trail between the lower campus and the Villa Balboa/Seafaire Condominiums. This view park includes a twenty -foot wide linear park area adjacent to the bike path (approximately 0.5 acres) and a consolidated view park at the westerly edge of the property (approxi- mately 0.3 acres). A bike Vail connection is also provided between the existing bike trails at the northern and southern boundaries of the lower campus. Access to the lower • campus will be from West Coast Highway and Superior Avenue, as well as from Hospital Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. Mny 4 1992 1215 • • Q m W I- m m W m IL J W 0 a x 7 120 The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes in the health care industry, while at the same time ensuring that trip generation restrictions are adhered to and the overall development cap is not exceeded, this Development Plan allows Hoag Hospital to adjust the development profile provided in • the statistical analysis. For example, if changing hospital needs necessitate the development of additional outpatient uses, this development would be allowed, consistent with the Development Plan, as long as a corresponding adjustment in square footage and trip generation for another use were to occur. • This Development Plan allows Hoag Hospital to adjust the development profile provided in the statistical analysis (Table 1) as long as the development limit (i.e., square feet) or the trip generation limit for the peak period (as identified in the Environmental Impact Report) established within each phase of development is not exceeded. Adjustments to the Development Plan may be allowed if the total square footage or trip generation allowed in the current phase of development is exceeded, if the total development or trip generation allowed under the Development Plan is not exceeded. Bray zs, Issz 227 0 w In m Ya7 S a 122 • Table 1 STATISTICAL ANALYSIS' Use Square Feet Lower Campus Existing: Outpatient Services (Hoag Cancer Center) 65,000 Child Care 7,800 Subtotal: 72,800 Phase I: Outpatient Services 115,000 Support Service 55,000 Administrative 30,000 Subtotal: 200,000 Phases 11 & Ili: Subtotal: 305,089 Total Lower Campus 577,889 Upper Campus Existine: 480,000 Phase 1: Outpatient Services 25,000 Inpatient 115,000 Subtotal: 140,000 Phases II & III: 145,349 Total Upper Campus 765,349 GRAND TOTAL 1,343,2383 ' Fu0 development or the upper and lower campuses is anticipated to occur over an approximate 20 -year period and will 1'dccly amt in three, seven-year phases. 2 Up to 50% of the existing upper campus may be redeveloped by master plan buildout. 3 Based on development allowed under the General Plan at a Boor arta ratio to gross site arta of .65 for the laver campus and 1.0 for the upper campus. Building Bulk limit for the Iwxr campus is 0.90 for all strunumz wbich includes above grade cwened parting May 26, 1992 10 1�9 V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories is not an exhaustive list. Other hospital -related uses which fit into the five permitted use categories are allowed by definition. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building and Public Works Departments shall be submitted for the review and approval Ahof the Planting, Building, and Public Works Departments. • A. Permitted Use 1. Lower Campus Muy 26, 1992 a) Hospital facilities, including, but not limited to: Outpatient services: • Antepartum Testing • Cancer Center • Skilled Nursing • Rehabilitation • Conditioning • Surgery Center • Clinical Center • Day Hospital • Back and Neck Center • Biofeedback • Breast Imaging Center • CT Scan • Dialysis • EEG/EMG/NICE Laboratory • First Aid Center • Fertility Services • G.I. Laboratory • Laboratory • Magnetic Resonance Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services 11 130 • Radiation Therapy • Radiology • Respiratory Therapy • Sleep Disorder Center • Speech Therapy • Ultrasound • iv. Residential Care: H. Administration: • Admitting Substance Abuse • Auxiliary Office Mental Health Services • Business Offices Extended Care • Information Hospice Care • Registration Self or Minimal Care • Patient Relations Congregate Care • Social Services iii. Support Services: • Employee Child Care • Health Education • Power/Mechanical/Auxiliary Support and Storage • Food Services • Cashier • Chapel/Chaplaincy Service • Conference Center • Dietitian • Gift Shop • Laboratory • Medical Library • Medical Records • Pharmacy • Engineering/Maintenance En • Shipping/Receiving • Microwave, Satellite, and Other Communication Facilities iv. Residential Care: • Substance Abuse • Mental Health Services • Extended Care • Hospice Care • Self or Minimal Care • Congregate Care M.y 74 1992 12 232 C: • V. Medical/Support Offices b) Methane gas flare burner, collection wells and associated system components. c) Accessory uses normally incidental to hospital development. d) Temporary structures and uses, including modular buildings. 2. Upper Campus a) Hospital facilities, including, but not limited to: i) Inpatient uses: • Critical Care • Emergency Care Unit • Birth Suites • Cardiology • Cardiac Care Unit • Intensive Care Unit • Mother/Baby Unit • Surgery/Waiting Rooms • Radiology • Laboratory • Pharmacy ii) Outpatient services as allowed on the lower campus iii) Administrative uses as allowed on the lower campus iv) Support services as allowed on the lower campus v) Residential care as allowed on the lower campus vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buildings. dmy w, Im 13 132 B. Prohibited Use 1. Lower Campus a) Emergency Room b) Heliport C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3 which established the following height zones: 1. Upper Campus Tower Zone - maximum building height not to exceed the existing tower (235 feet above mean sea level). 2. Upper Campus Midrise Zone - maximum building height not to exceed 140 feet above mean sea level. 3. Upper Campus Parking zone - maximum building height not to exceed 80 feet above mean sea level, exclusive of elevator tower. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated on the development criteria Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center (57.5 feet above mean sea level). • D. &tbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa / Seafaire Condominiums, as defined below: Mny 26, 1992 a) Upper campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b) Lower campus northern boundary, all of which will have a 20' minimum building setback. 14 133 MON F�- 9 I 134 2. The setback on West Coast Highway easterly of the hospital entry signal shall be 15 feet. In addition, vertical articulation shall be required for buildings easterly of the signal within 150 feet of the West Coast Highway frontage, as follows: 1st Floor: Up to 18 feet in height no additional articulation is required. • If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 20 feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 25 feet. The setback on West Coast Highway westerly of the hospital entry signal shall be 45 feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within 150 feet of the West Coast Highway frontage, as follows: 1st Floor: Up to 18 feet in height no additional articulation is required. If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. • 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 55 feet. May 26, 1992 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 65 feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than 250 linear feet in width. Additional- ly, 20% of the linear frontage within 150 feet of West Coast Highway shall be open and unoccupied by buildings. 16 2315 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 boundary with CalTrans east property at Superior Avenue and West Coast Highway. 4. A 20 foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback from property fine 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 fighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment • Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor rooftop equipment necessary for operating purposes will comply with all building height criteria, and shall be concealed and screened to blend into the building roof using materials compatible with roofing materials. G. Signs All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parkin Afi parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. May 26, 1992 17 IS All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. I Mechanical and Trash Enclosures • Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. K Internal Circulation 1. Prior to the issuance of a grading permit for any of the proposed Master Plan facilities, the project sponsor shall implement a pilot program that controls usage of the Upper and Lower Campus service roads during non- working hours. Such controls may include requesting that the majority of vendors deliver products (other than emergency products) during working hours (i.e. 7:00 a.m, to 8:00 p.m.), signage to restrict use of the road by Hospital employees, physicians, patients and visitors during non -working hours, and other methods to restrict use. The Hospital will also request that vendors not deliver (i.e. scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The results of this program will be submitted to the City prior to the issuance of the grading permit. If such results indicate that such controls do not significantly impact the operations of the Hospital, and provided • that requests for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require that the program be implemented as hospital policy. If operation impacts are significant, other mitigation measures will be investigated at that time to reduce service road impacts to the adjacent residential units. 2. The lower campus service road shall include provisions for controlled access to limit usage to physicians and staff, and service vehicles. May u, 1992 F_ 18 -IS7 L Loading Dock Within one year from the date of final approval of the Planned Community District Regulations and Development Plan by the California Coastal Commission, as an interim measure, the project sponsor shall implement an acoustical and/or landscape screen to provide a visual screen from and reduce noise to adjoining residences from the loading dock area. • The design process for the Critical Care Surgery Addition shall include an architectural and acoustical study to insure the inclusion of optimal acoustical screening of the loading dock area by that addition. • Subsequent to the construction of the Critical Care Surgery Addition, an additional acoustical study shall be conducted to assess the sound attenuation achieved by that addition. If no significant sound attenuation is achieved, the hospital shall submit an architectural and acoustical study assessing the feasibility and sound attenuation implica- tions of enclosing the loading dock area. If enclosure is determined to be physically feasible and effective in reducing noise impacts along the service access road, enclosure shall be required. Any enclosure required pursuant to this requirement may encroach into any required setback upon the review and approval of a Modification as set forth in Chapter 20.81 of the Newport Beach Municipal Code. Mey 26, 1992 19 23 2 • • VI. HOAG HOSPITAL SIGN PROGRAM A. )chose and Intent 1. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wall and ground -mounted signage based upon the provisions set forthby the City of Newport Beach Sign Ordi- nance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -building, may be illuminated or non -illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, nor create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be flush or surface mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110-L. C. Number of Sims Allow 1. One (1) double-faced primary identification ground -mounted sign or two single faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a project boundary perimeter wall, subject May 26, 1992 20 to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Secondary identification signs shall be allowed. This sign type shall not exceed a maximum height of 48" average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign • length perpendicular to the slope direction. Maximum sign area shall not exceed thirty-five (35) square feet. This sign may occur as a wall sign to be located upon a project boundary perimeter wall, subject to the same number and area maximums described above. • 3. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced or double-faced sign. This sign type shall occur with the sign suspended between two upright supports having the same depth (thickness) as the sign cabinet described above. 4. Hospital identification signs shall be allowed upon hospital tower parapets, one (1) at each elevation. The elevation facing west (Villa Balboa property line) may not be illuminated. 5. On the lower campus, one (1) building -mounted identification sign will be allowed per structure and shall not be placed so as to directly face the Villa Balboa/Seafaire property. Such signs will be no higher than the roof line of the building upon which they are mounted. May 26, 1992 21 140 VII. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be on surface lou, subterranean or in parking structures. • 2. The design and layout of all parking areas shall be subject to the review and approval of the city Traffic Engineer and the Public Works Depart- ment. • 3. Parking lot fighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements has been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Offstreet Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon building type and the area allotted to the following functions. Any area which is calculated as part of the total floor area limitation shall be included in the gross floor area to determine the parking requirement. May 26, 1992 0 141 Use Category Outpatient Services Table 2 PARKING REQUIREMENTS Parking Requirements 2.0 spaces/1,000 square feet' 1.0 spaces/1,000 square feet' 4.0 spaces/1,000 square feet* 1.0 spaces/1,000 square feet* 4.0 spaces/1,000 square feet* 1.25 spaces/1,000 square feet** Parking requirements are based on a study performed by DKS Associates in May, 1987. Parking requirement is based on current Hoag Hospital parking demand. Wy 26, IM 23 142 Support • Administrative Residential Care Medical Offices Inpatient Table 2 PARKING REQUIREMENTS Parking Requirements 2.0 spaces/1,000 square feet' 1.0 spaces/1,000 square feet' 4.0 spaces/1,000 square feet* 1.0 spaces/1,000 square feet* 4.0 spaces/1,000 square feet* 1.25 spaces/1,000 square feet** Parking requirements are based on a study performed by DKS Associates in May, 1987. Parking requirement is based on current Hoag Hospital parking demand. Wy 26, IM 23 142 VIII. HOAG HOSPITAL LANDSCAPE A General 1. Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the Planning and Parks, Beaches and Recreation Departments and approved • by the Public Work Departments prior to issuance of a building permit and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roofs and the parking structures. Trees shall not be used, but a planter box or trellis system shall be designed to provide visual relief of parking structures. All landscaping shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than fifteen (15) gallon size. 3. Shrubs to be planted in containers shall not be less than one (1) gallon size. Ground covers will be planted from (1) gallon containers or from root cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed that damage to trees, irrigation units and shrubs is avoided. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing is not required and irregular • groupings may add interest. Care should be exercised to allow plants to grow and maintain their ultimate size without restriction. 7. Heavy emphasis shall be placed on the use of drought -resistant native and naturalized vegetation and the use of an irrigation system designed to avoid surface runoff and over -watering. B. Maintenance 1. All planting areas are to be kept free of weeds and debris. 2. Lawn and ground covers are to be kept trimmed and/or mowed regularly. May 26, 1992 24 14S 3. All plantings are to be kept in a healthy and growing condition. Fertiliza- tion, cultivation and tree pruning are to be carried out as part of regular maintenance. 4. Irrigation systems are to be kept in working condition. Adjustment and cleaning of system should be part of regular maintenance. • 5. Stakes, guys and ties on trees should be checked regularly for correct function; ties to be adjusted to avoid creating abrasions or girdling to the stems. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. C. Special Landscaped Street West Coast Higbway is designated in the Hoag Hospital Planned Community as a special landscaped street. A 15' building setback from right-of-way / property line is required along West Coast Highway. Only driveways, parking and signage are allowed in the setback area. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Tree size to be no less than twenty-four (24) inch box. D. Villa Balboa Landscape Zone The area between the Villa Balboa/Hoag property line and the loading dock service • access road shall be landscaped except for any driveway, walkway, or other hardscape elements in said area. The purpose of the landscaping will be to screen and buffer residential units from hospital activities. 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. Planting of trees may be in groups and need not necessarily be in regular spacing. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas. Alternative landscape programs shall be subject to the review of the Parks, Beaches and Recreation Department and the approval of the Planning and Public Works Departments. May 26, 1992 25 NMI • • A rooftop landscaping program may be developed for parking structures and shall be Subject to the review of the Parks, Beaches and Recreation Department and the approval of the Planning and Public Works Departments. Rooftop landscaping shall conform to height restrictions. May 26, 1992 26 145 • IX. SITE PLAN REVIEW. � Z The City Council finds that development on the West Coast Highway frontage of the lower campus of Hoag Hospital may have the potential to affect the aesthetics of the West Newport area as viewed from surrounding arterial roadways. The effect of this section is to establish a Site Plan Review requirement by the Planning Commission for certain individual projects which are proposed by the hospital to differ from the setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure that these projects conform with the objectives of the General Plan and the Master Plan for Hoag Hospital. B. Finding 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, 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. May 26. 1997 MA 140 2. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. is 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 B, in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the • following standards, when applicable: 1. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; Mr y 26,1992 %r 1.47 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consider- ation to functional aspects of site development. G. Public Hearing - Required Notice A public hearing shall be held on all Site 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 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 as on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. May 26, IM 29 142 • 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 Cyte Council An appeal shall be heard and acted on by the City Council, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. 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 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith. • 3. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. f:\._\Planning\PC F—XT\HOAGHOSP Mny 26, 1992 30 149 t EXHIBIT D M-OPP41. CRIMFI sT Data Requested: Date of Certificate: On the City of Newport Beach approved the'D(n Agreement Between Me Otty of Newport Beach and Hoag Memorial Preshyterten' (the 'Development Agreamhxm').� This Estoppel Certificate certifies that, as of the 'Date of Certificate' set forth h • CHECK WHERE APPLICABLE 1. The Development Agreement remains binding and effective; 2. The Development Agreement has not been amended; 9. The Development Agreement has been emended In the follm maps=: • 4. Neither Hoeg nor any of its successors are In defect under the Development Agreement S. The following defaults exist under the Development Agreement: This Estoppel Cartlflcae may be relied upon by any transferee or mortgagee Merest In the property which is subject of the Development Agreement. CITY OF NEWPORT BEACH BY; NAME: TME: Uxx=1 EXHIBIT D zo 151 Planning Commission - January 17, 2019 Item o. 4a Additional Materials Received Hoag�e e�ipP&r rr rent Extension (PA201&024) L �CEIVED dY COMMUNITY DEVFLOPMENI" JAN 15 2019 CITY OF i�ORT Br-PGl", 21q a I f� J AID f111? -C®✓UD /'I`/��l /iV r �2�167J u6z� �xzAeetiv �2' Planning Commission - January 17, 2019 Item No. 4b Additional Materials Received Hoag Development Agreement Extension (PA2018-024) ho g January 14, 2019 Chairman Peter Zak Newport Beach Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Hoag Memorial Hospital Presbyterian Development Agreement Adopted April 23, 2008- Ordinance No. 2008-10 Extension Request Dear Chairman Zak and Members of the Newport Beach Planning Commission: Please let this serve as a clarification as to our request(s) for an extension of our existing Development Agreement. Our Development Agreement expires on February 14, 2019. Last year, on January 31, 2018, Hoag made a formal application for an extension of the Development Agreement. That request did suggest a 25 -year extension. In October 2018, we were able to engage staff in a discussion on the matter and were advised that a 10 -year extension was more likely in conjunction with some form of community benefit. We have agreed to a 10 -year extension but are still in the process of working out the other details required for the extension to proceed. Our request of the Planning Commission on Thursday, January 17`h, is to forward a recommendation to the City Council for a 6 -month extension to allow Hoag and the City to finalize the terms and to prevent the expiration of the Development Agreement. Once that process is complete, Hoag will be back to the Planning Commission and the City Council with the request for approval of a 10 -year Development Agreement extension. Sincerely, Sanford L. Smith, AIA Senior Vice President Real Estate, Facilities and Construction CC: Robert Braithwaite Seimone Jurjis, PC, CBO Jim Campbell, Deputy Community Director HOAG MEMORIAL HOSPITAL PRESBYTERIAN One Hoag Drive, PO Box 6100 • Newport Beach, CA 92658-6100 • wvnv.hoag org Planning Commission - January 17, 2019 Item No. 4c Additional Materials Received After the Deadline Hoag Development Agreement Extension (PA2018-024) This document is submitted to address the January 17, 2019 meeting of the Newport Beach Planning Commission, agenda item number four, HOAG DEVELOPMENT AGREEMENT (PA2018-024). This statement is submitted to register an objection to any further extension of the Hoag Restated Development Agreement (DA) No. 5 without a new Environmental Impact Report (EIR). The Environmental Impact Report prepared for the initial Development Agreement in 1994 is now 25 years old. If the EIR prepared for the 1994 DA is extended for an additional 25 years, as requested by Hoag, it would result in a period of 50 years (1/2 of a century) since the initial EIR. This is unacceptable. The Supplemental EIR conducted in 2008 for the Modified DA is also insufficient to allow further development of any kind without a new EIR. A 25 year extension would result in a period of 35 years without an intervening EIR. This too is unacceptable. During the past 25 years the City of Newport Beach has experienced significant development including West Newport Beach. The expansion and development during the past 10 years has been exponential. Congestion in the vicinity of Hoag has increased substantially. Only a new EIR can appropriately address the concerns of the Newport Beach Community to ensure that any further expansion will occur only after a thorough review of the environmental impact of such development within the Coastal Zone. Any further development by Hoag without a new EIR must, and will, be vigorously opposed. L. R. Runyon 200 Paris Lane, #208 Newport Beach, CA 92663