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HomeMy WebLinkAbout21 - Hoag Hospital - One Hoag Drive - PA2002-0384�±f =WP�kr CITY OF NEWPORT BEACH Hearing Date: August 13, 2002 PLANNING DEPARTMENT Agenda Item: 21 ;= 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber NEWPORT BEACH, CA 92658 (949) 644 -3209 (949) 644 -3200; FAX (949) 644 -3229 REPORT TO THE CITY COUNCIL PROJECT: Hoag Memorial Hospital Presbyterian (PA2002 -038) One Hoag Drive SUMMARY: Request to amend the Hoag Memorial Hospital Presbyterian Planned Community (PC — 38) Development. Criteria and District Regulations pertaining to floor areas that apply towards the established maximum development allocation. The applicant seeks to exempt floor areas that are: 1) used to house structural systems as a result of mandates by other governmental agencies; and 2) used to enclose the rooftop mechanical level. Both of these areas are not regularly occupied by human activity. ACTION: For the meeting of August 13, 2002: 1) Hold a public hearing. 2) Introduce and pass to second reading Ordinance No. 2002 -_ regarding approval of Planned Community Development Text Amendment 2002 -001. For the meeting of August 27, 2002: Adopt Ordinance No. 2002 -_, approving Planned Community Development Text Amendment 2002 -001. APPLICANT: Mr. Peter Foulke, Executive Vice President — Corporate Services Hoag Memorial Hospital Presbyterian LOCATION: The property is located at the southwest corner of Hospital Road and Newport Boulevard. LEGAL DESCRIPTION: That portion of Lots 169 & 170 in Block 2 and a portion of Lot 172 in Block lof Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps; and 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, CA Assessor's Parcel Numbers (APN's) 423 - 011 -17 & 28 GENERAL PLAN: Government, Educational & Institutional Facilities ZONING DISTRICT: Hoag Hospital Planned Community (PC — 38) District Planned Community Development Text Amendment No. 2002 -001 (PA 2002 -038) Current Hoag Memorial Hospital Presbyterian and related facilities including cancer center, Development: daycare facilities, surgery center, and other ancillary facilities and services To the north: Residential use within the Versailles on the Bluff and Villa Balboa and Administrative, Professional, Financial Commercial uses across Hospital Road To the east: A combination of Residential and Retail & Service Commercial uses across Newport Boulevard and Old Newport Boulevard To the south: Residential use within Balboa Cove and Newport Beach Townhouses across West Coast Highway within West Newport To the west: Residential use within the Versailles on the Bluff and Villa Balboa and Open Space — Active for the proposed Sunset Park PC Text Amendment No. 2002 -001 (PA 2002 -038) August 13, 2002 Page 2 of 7 • LI 0 Introduction This item was continued from the July 91" City Council meeting. The applicant, Hoag Memorial Hospital Presbyterian ( "Hoag "), originally proposed to exclude a number of floor areas that were not generally or regularly occupied from counting towards the maximum development allocation. The original request proposed to exclude some of the areas that are being considered with the revised request here, but also sought to exclude certain floor areas that housed electrical equipment, information or communications systems, and all utility shafts and ducts. The Council felt the requested exclusions were too extensive. The request has been revised based on comments made by Councilmembers at that meeting to apply the exclusions to those floor areas needed as a result of changes to hospital development regulations that have occurred since the original set of entitlements were approved for Hoag. In addition, the applicant is seeking to have the rooftop mechanical floor level excluded, since it is being enclosed to improve the project aesthetics in the spirit of the original entitlements. Currently, it is not a requirement that the rooftop mechanical equipment for the upper campus buildings be enclosed, but only screened. Project Overview The applicant's revised proposal seeks to amend the Planned Community Development Text by including a new definition as follows: "Entitlement Gross Floor Area: the area of a building or portion thereof including the surrounding exterior walls, but excluding 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a building which measures less than 8 feet from finished floor to ceiling and is not for general or routine occupancy; and 3. Area of a building used for base isolation and structural system upgrades directly related to the requirements of governn¢ent agencies and is not for general or routine occupancy. The applicant did not include a provision within their proposed definition that addresses the requested exclusion of the enclosed rooftop mechanical equipment, although their letter includes this request. PC Text Amendment No. 2002 -001 (PA 2002 -038) August 13, 2002 Page 3 of 7 Analysis The following table represents a summary of the areas affected by the applicant's revised request for the East Tower (a more detailed summary, identifying each affected floor level, is found on the sheet labeled as T -1 of the plan set provided -- Exhibit No. 4): Hoag Hospital (portion of Phase II East Tower Percentage of Total Gross square footage 343,882 100% Zoning Code 10% exclusion for utility & mechanical rooms 34,388 10% Interstitial Floor Area (IFA) 22,028 Remainder of utility and mechanical credit 10% figure - IFA 12,360 Areas proposed to be excluded: Subbasement (35,777 ) 10.4% Enclosed roof top mechanical floor 22,991 6.7% Exclusion sub - totalsquare footage (58,768) 17.1% Revised total gross square footage 285,114 The Zoning Code's 10% exclusion would most likely be used to exclude the 22,028 sq. ft. equipment area referred to as the interstitial floor (between the 1st and 2nd levels) in the East Tower. When accounting for the interstitial floor area against the 34,388 allowed for the standard 10% exclusion, the result is 12,360 sq. ft. This figure is not sufficient to absorb the 35,777 sq. ft. subbasement space dedicated to the base - isolation structural requirements mandated by the State, nor the 22,991 sq. ft. enclosed mechanical level at the top of the building. The net effect in approving the applicant's request would be approximately 46,408 additional sq. ft. excluded beyond what the Zoning Code permits. For the East Tower building, the revised request will not affect the building's mass as the structural systems will be located below grade and the top floor will remain a mechanical level requiring screening in any case. The proposed building plans comply with all other applicable setbacks and buildings heights. It should be noted that since the request involves an amendment to the Planned Community Text for the entire hospital campus, approval could eventually result in an increase to the overall building mass beyond what was anticipated when the original entitlements were approved between 1992 and 1994. However, those development regulations allow a larger area (i.e., building envelope) for construction that could be built under the maximum development allocation (i.e., maximum square footage). Therefore, the additional building mass that may be permitted through this amendment could remain in compliance with the building envelope as originally defined. It is difficult to ascertain at this point what the net effect would be, especially on the lower campus, since many of the other projects are still being designed. Another issue relating to the overall applicability of the revised request arose during the staff review. More specifically, the question of retroactivity was raised. If approved by the City Council, staff feels that the exclusion request should apply from this period forward and should PC Text Amendment No. 2002 -001 (PA 2002 -038) August 13,2002 Page 4 of 7 not be retroactive to the areas of the hospital already constructed. Language has been incorporated into the proposed Ordinance to clarify this issue. The Planning Commission recommended additional language for inclusion in the Planned Community Text that prohibits these "excluded spaces" from being converted to useable space, which might be occupied by future uses that generate additional traffic— however unlikely it may appear now. The applicant is satisfied with this language, which is noted below (in italics): V. DISTRICT REGULATIONS B. Prohibited Uses Lower Campus a) Emergency Room b) Heliport c) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. 2. Upper Campus a) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. These amendments, in conjunction with the amendments proposed by the applicant, are included in the draft ordinance, should the Council decide to approve the request. Traffic Impacts At the previous meeting, the Council also raised questions regarding the potential traffic impacts of the proposed amendment. The concerns centered on the potential traffic impacts but also included questions concerning build -out building bulk and about what the associated public benefit(s) would be in approving the request. Ultimate build -out of the Hoag Hospital campus is limited by a maximum amount of vehicle trips as was defined in the original set of entitlements. Mitigation Measure No. 26 prescribed the maximum amount of PM peak trips (i.e., 1338) the hospital was not to exceed when the existing facilities had reached the completion of the Phase I improvements. Mitigation Measure No. 27 then prescribed the maximum amount of PM peak trips (i.e., 1,856) the campus must not exceed upon completion of Phases II and III. It is considered another method of control over the phased development of the facilities and that is why a traffic /trip generation study is required to be . approved prior to the development of subsequent phases. Phase I is complete but was not built at the size originally anticipated. The Planning Commission approved the Phase II Traffic Study on PC Text Amendment No. 2002 -001 (PA 2002 -038) August 13, 2002 Page 5 of 7 November 8, 2001 based upon the fact that these thresholds would not be exceeded. It should be noted that certain credits were calculated for the unbuilt portion of Phase I and incorporated into the Phase II Traffic Study. If the Council were to approve the requested exclusions, resulting in more total building area, the traffic study for the next phase would examine the resulting trips associated with building additional space elsewhere on campus that could be occupied. This could mean that future phase development proposals would be scaled back in order to comply with the City's trip limits. Conclusion The revised request seeks to exclude certain areas that are not routinely occupied and, therefore, do not generate new or additional traffic trips. The current requirements for these structural systems were not in place when the Master Plan and Development Agreement were finalized. The proposed definition is sought principally due to the structural requirements imposed in the aftermath of the Northridge earthquake in 1994. In addition, the applicant is seeking to have the enclosed rooftop mechanical floor excluded, since it is being enclosed to improve project aesthetics. The 10% exclusion in the Zoning Code would not allow the applicant to exclude both the interstitial (equipment) level and the rooftop mechanical equipment level. This item was continued from a previous public hearing and did not require that an additional notice be mailed. However, staff took additional steps to ensure the surrounding property owners and community associations were notified of this hearing. 0 Environmental Review The revised project has been reviewed and it has been determined that the currently proposed scope of development for Phase II at Hoag Memorial Hospital Presbyterian falls within the parameters established in the originally certified EIR (EIR No. 142), which remains the governing environmental document. No significant impacts were identified outside those already defined in the EIR. The approved traffic study for Phase II documented that no new project Conditions of Approval or Mitigation Measures were warranted. This proposal reflects a clarification of defined square footages within the original entitlements. Recommendation Staff recommends that the City Council introduce Ordinance No. _ that would approve and incorporate Planned Community Development Text Amendment No. 2002 -001, as worded in the attached exhibit and pass to second reading on August 27, 2002. Prior to taking action, the City Council should indicate whether both Subsection 3 (pertaining to structural upgrades required by governmental agencies) and Subsection 4 (enclosed rooftop mechanical equipment on the upper campus) are to be included in the amended Definitions for this request. 0 PC Text Amendment No. 2002 -001 (PA 2002 -038) August 13, 2002 Page 6 of 7 Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits I. II. III. E • Prepared by: TODD M. WEBER Associate Planner , 0 Letter from the applicant outlining the revised amendment request. Revised Draft Ordinance City Council Staff Report dated July 9, 2002 including (recycled): a. Planning Commission Resolution No. 1560 b. Planning Commission Minutes dated June 6, 2002 c. Draft Ordinance No. d. Plans (separate) F: \Users \Pln\ Shared\ PA' s \PA2002- 038\PD200200I- ccrpt2.doc PC Text Amendment No. 2002 -001 (PA 2002 -038) August 13, 2002 Page 7 of 7 H O A G MI , E M O R I A L H 0 S P 1 T A L P 'R 'E S B Y T E R I A N NOGG® one Hoag Drive PO Box 6100 Newport Beach CA 92658 -6100 949/645 -8600 HOSPITAL www.hoaghospital.org August 2, 2002 Patricia Temple, Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 RECEIVED BY PLAN FING`DEPARTMENT E CITY C AM AUG 0 2 2002 PM rIg191i011111�I11215141618 RE: Hoag Memorial Hospital Presbyterian (PA 2002 -038) Dear Ms. Temple: On July 9, 2002, the City Council conducted a public hearing on Hoag Memorial Hospital Presbyterian's request to amend its Planned Community Development Criteria and District Regulations. The Planning Commission had previously (on June 6, 2002) unanimously recommended approval of this request. At the July 9, 2002, public hearing, the City Council expressed concerns about Hoag Hospital's request to amend its Planned Community Development Text by adding an definition of `Entitlement, Gross Floor Area ". Based on concerns expressed by the City Council, we are amending our request to more narrowly define the "Entitlement, Gross Floor Area" definition. This definition is based on Section 20.63.040 of the City of Newport Beach Municipal Code. It has been modified to account for Title 24 requirements for floor height of 8' rather than 4', and to address seismic, and other considerations. The amended definition is as follows: "Entitlement, Gross Floor Area: the area of a building or portion thereof including the surrounding exterior walls, but excluding: 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a building which measures less than 8 feet from finished floor to ceiling and is not for general or routine occupancy; and 3. Area of a building used for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy." In essence, in addition to the 10% utility and mechanical equipment exclusion already permitted by the City of Newport Beach Municipal Code (Chapter 20:63), this amended Exhibit No. I ANOT- FOR- PROFJ'f COMMVNITY HOSPITAL ACCREDITED BY THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS wre • 0 0 0 Patricia Temple August 2, 2002 language restricts the `Entitlement, Gross Floor Area" definition to exclude only square footage that is directly related to revised building designs necessitated by changes in development requirements by Federal, State and local agencies that have occurred since the time the Development Agreement between the City of Newport Beach and Hoag Memorial Hospital Presbyterian was approved (February 14, 1994, Ordinance No. 94 -8). One of the mitigation measures contained in Final Environmental Impact Report No. 142 for the Hoag Memorial Hospital Presbyterian Master Plan (certified by the City Council on May 11, 1992), states the following: Prior to issuance of building permits, the Project Sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the rooftop 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 building materials. Although this requirement pertains to the Lower Campus only, Hoag Hospital has chosen to enclose the rooftop major mechanical equipment on its Upper Campus Women's Pavilion project. The reasons that Hoag Hospital has elected to enclose this major mechanical equipment, which covers the entire rooftop, include a desire to minimize potential aesthetic concerns of the neighborhood. However, by choosing to enclose this major mechanical equipment, Hoag Hospital's entitlement square footage for the Upper Campus is directly impacted, as the enclosed space is debited against the Upper Campus entitlement square footage. Hoag Hospital is, therefore, asking that you also consider allowing the square footage associated with enclosing Upper Campus rooftop major mechanical equipment to be excluded from entitlement gross square footage calculations. We appreciate your consideration of Hoag Hospital's request to amend its Planned Community Development Criteria and District Regulations. Sincerely, Peter M. Foulke Executive Vice President C: Todd Weber Page 2 0 ORDINANCE NO. 2002-. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY TEXT AMENDMENT NO. 2002 -001 TO THE HOAG HOSPITAL PLANNED COMMUNITY DEVELOPMENT TEXT WHICH ESTABLISHES A DEFINITION TO EXCLUDE CERTAIN NON - OCCUPIED AREAS FROM APPLYING TOWARD THE TOTAL DEVELOPMENT ALLOCATION AUTHORIZED FOR THE SUBJECT PROPERTY IDENTIFIED AS ONE HOAG DRIVE. WHEREAS, amendments to Title 20 and any adopted Planned Community Development Text must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, the Planning Commission has held a noticed public hearing on June 6, 2002 to consider Planned Community Development Text Amendment No. 2002 -001 to establish a definition to be incorporated into the Planned Community Development Text that would exclude certain non - occupied areas within buildings from applying toward the overall development allocation for the subject property identified as One Hoag Drive, legally described as that portion of Lots 169 & 170 in Block 2 and a portion of Lot 172 in Block Iof Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps; and 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, CA, and adopted Resolution No. 1560 recommending approval to the City Council; and WHEREAS, the City Council has held a noticed public hearing on July 9 and August 13, 2002 regarding Planned Community Development Text Amendment No. 2002 -001, which would amend the text by including a new definition pertaining to floor areas and their use for the hospital campus located at One Hoag Drive. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: In conjunction with the consideration of the subject amendment to the Planned Community Text, the proposed project has been reviewed and it has been determined that the currently proposed scope of development for Phase II at Hoag Memorial Hospital Presbyterian falls within the parameters established in the originally certified EIR (EIR No. 142), which remains the governing environmental document. No significant impacts were identified outside those already defined in the EIR. The approved traffic study for Phase II documented that no new project Conditions of Approval or Mitigation Measures were warranted. This proposal reflects a clarification of defined square footages within the entitlements granted by the aforementioned documents. Exhibit No. II it Ordinance No. 2002- Page 2 of 3 Section 2: The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall be amended to include a new definition pertaining to floor areas and their use for the hospital campus located at One Hoag Drive, as provided in Attachment No. 1. Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. Section 4: The amendment authorizes the following changes to the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (additional text shown in italics): III. DEFINITIONS Entitlement, Gross Floor Area: as applied to new construction permits issued on or after August 13, 2002, any area of a building or portion thereof including the surrounding exterior walls, but excluding 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a building which measures less than 8 feet from finished floor to ceiling and is not for general or routine occupancy; 3. 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. Enclosed rooftop mechanical levels not for general or routine occupancy. V. DISTRICT REGULATIONS B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport c) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. 2. Upper Campus a) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. 1 aL Ordinance No. 2002- Page 3 of 3 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on August 13, 2002, and was adopted on the 27`h day of August by the following vote, to wit: ATTEST: CITY CLERK 0 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 13 04 dEW�N CITY OF NEWPORT BEACH Hearing Date: July 9, 2002 PLANNING DEPARTMENT Agenda Item: 13 v 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber NEWPORT BEACH, CA 92658 (949) 644 -3209 (949) 644 -3200; FAX (949) 644 -3229 REPORT TO THE CITY COUNCIL PROJECT: Hoag Memorial Hospital Presbyterian (PA2002 -038) One Hoag Drive SUMMARY: Request to amend the Hoag Memorial Hospital Presbyterian Planned Community (PC — 38) Development Criteria and District Regulations pertaining to floor areas that apply towards the established maximum development allocation. The applicant seeks to exempt floor areas that are used to house structural systems, mechanical equipment or are otherwise not regularly occupied. ACTION: For the meeting of July 9, 2002: 1) Hold a public hearing. 2) Introduce and pass to second reading Ordinance No. 2002 -_ regarding 40 approval of Planned Community Development Text Amendment 2002 -001. For the meeting of July 23.2002: Adopt Ordinance No. 2002 - , approving Planned Community Development Text Amendment 2002 -001. APPLICANT: Mr. Peter Foulke, Executive Vice President — Corporate Services Hoag Memorial Hospital Presbyterian LOCATION: The property located at the southwest comer of Hospital Road and Newport Boulevard. LEGAL DESCRIPTION: That portion of Lots 169 & 170 in Block 2 and a portion of Lot 172 in Block lof Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps; and 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, CA Assessor's Parcel Numbers (APN's) 423 - 011 -17 & 28 GENERAL PLAN: Government, Educational & Institutional Facilities . ZONING DISTRICT: Hoag Hospital Planned Community (PC — 38) District Subiect P Su l� ' rY 9N9 A 0 ®0 Feet VICINITY MAP �2 Z714 N WE s Planned Community Development Text Amendment No. 2002 -001 (PA 2002 -038) Current Hoag Memorial Hospital Presbyterian and related facilities including cancer center, Development: daycare facilities, surgery center, and other ancillary facilities and services To the north: Residential use within the Versailles on the Bluff and Villa Balboa and Administrative, Professional, Financial Commercial uses across Hospital Road To the east: A combination of Residential and Retail & Service Commercial uses across Newport Boulevard and Old Newport Boulevard To the south: Residential use within Balboa Cove and Newport Beach Townhouses across West Coast Highway within West Newport To the west: Residential use within the Versailles on the Bluff and Villa Balboa and Open Space — Active for the proposed Sunset Park PC Text Amendment No. 2002 -001 (PA 2002 -038) July 9, 2002 Page 2 of 8 0 9 Introduction and Backiround The applicant, Hoag Memorial Hospital Presbyterian, has begun the demolition and other preparatory work for Phase II of the hospital expansion and modernization plan proposed for the existing campus. The expansion of Hoag Hospital was authorized in 1992 with the approval of General Plan and Planned Community amendments, a Development Agreement (DA) and the certification of Environmental Impact Report (EIR) No. 142 (Hoag Hospital Master Plan EIR). Various changes to regulations affecting the healthcare industry have taken place since the original entitlements and agreements were approved. The requirements under these regulations have resulted in an increased demand for certain types of equipment, facilities, and systems that occupy space within a given hospital building. Based upon these demands for increased space, the applicant is seeking relief for the square footage of the building that houses: duct shaft space, electrical and mechanical equipment, information and communications systems, and structural systems. The applicant feels these increased requirements were not anticipated during the original approval process and are above and beyond what is typically required for any comparable commercial or quasi - industrial development. Additionally, the applicant feels that to include these floor areas by definition will result in a situation where the maximum development allocation authorized in 1992 will further reduce the ultimate build -out of the hospital inconsistent with the purpose and intent of the approved Development Agreement and Planned Community Development Text. The Planning Commission approved the Traffic Study for development of Phase II on November 8, 2001 and unanimously recommended approval of this amendment on June 6, 2002. Project Overview The applicant's proposal seeks to amend the Planned Community Development Text by including a new definition as follows: "Entitlement, Gross Floor Area: the area of a building or portion thereof including the surrounding exterior malls, but excluding 1. Area of a building utilized for stairwells, elevator shafts and duct shafts on levels other than the first level of a building in which they appear; Area of a building which measures less than 8 feet from finished floor to ceiling and is not for general or routine occupancy; 3. Area of a building used specifically for mechanical equipment, electrical equipment, and information/communication systems, and is not for general or routine occupancy; and 4. Area of a building used for base isolation and structural systems and is not for general or routine occupancy." PC Text Amendment No. 2002 -001 (PA 2002 -038) July 9, 2002 Page 3 of 8 This definition is proposed because the areas involved exceed what was anticipated when the original entitlements were approved. Additionally, the areas exceed the 10% exclusion allowed so by the Zoning Code for all other commercial uses and does not address the issue of duct areas. A colored set of plans has been prepared to better illustrate how the applicant's request would apply to the East Tower (Exhibit No. 4). Analysis The applicant has suggested that part of the intent of the original Master Plan and Development Agreement was to allow a degree of flexibility for the eventual modernization of the campus. However, the amount of mechanical, support and utility areas within the building were underestimated in 1992 as future changes to the development regulations and requirements for hospitals were impossible to predict. The applicant wants to emphasize that they are not seeking to increase the maximum development allocation agreed upon in conjunction with the original set of entitlements. Rather, they are attempting to meet the current structural and mechanical requirements adopted by the Office of the Statewide Health, Planning and Development in addition to honoring the intent of the original agreements. It is not unusual for the City to periodically review the regulations that apply to developments that will occur over a long period of time, such as the 21 -year span originally anticipated for Hoag. The review allows a project to proceed as approved while also allowing for changes to influencing factors such as State and Federal regulations, technological advances, etc. In the amendment proposed by Hoag, the Planning Commission determined the request is: 1) appropriate for the site in question; 2) does not allow the established maximum development allocation to be exceeded, and 3) does not result in new or additional impacts. The following table represents a summary of the areas affected by the applicant's request for the East Tower (a more detailed summary, identifying each affected floor level, is found on the sheet labeled as T -I of the plan set provided — Exhibit No. 4): Hoag Hospital Phase II East Tower Percentage_of Total Gross square footage 397,711 100% Zoning Code exclusion for utility & mechanical rooms 39,771 10% Areas proposed to be excluded: mechanical/utility rooms and shafts (53,829) 13.5% Subbasement 35,77 9.00 Exclusion sub - totalsquare footage 89,606 22.5% Revised total gross square footage 308,105 The net effect in approving the applicant's request would be approximately 50,000 sq. ft. excluded beyond what the normal exclusion in the Zoning Code permits. This will result in a nominal increase to the overall building area on the property. However, it will be well within the building envelope established by the Planned Community Text since the development regulations allow more building area than the square footage limit. For the East Tower project, the space is mainly found either below grade, for the structural equipment, and on what is PC Text Amendment No. 2002 -001 (PA 2002 -038) July 9, 2002 Page 4 of 8 N referred to as an `interstitial' level between the I` and 2nd floor areas. These areas are noted in the legend located on the right hand side of each plan sheet and best depicted in the building sections shown on Sheet A -5.5 and A -5.6 attached as Exhibit No. 4. General Plan The proposal does not seek to change any land use designation for the site nor change the Floor Area Ratios established by the City's General Plan. The applicant is not proposing to increase the maximum development allocation established in the Planned Community Development Text. Therefore, no General Plan Amendment is required in conjunction with the request. Planned Community Development Text and Zoning Code The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations do not contain any definitions pertaining to square footage. When the subject Planned Community text is silent, the matter is regulated by the Zoning Code. The following general definition comes from Chapter 20.03: Definitions, of the Zoning Code: Floor Area, Gross: The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment M rooms, and basement or attic areas having a height of more than 7 feet (see Chapter 20.63: Floor Area Ratios and Building Bulk and Chapter 20.66:Off- Street Parking and Loading for variations of this term for purposes determining floor area ratio and parking requirements). This definition is used in general terms and is further modified by Chapter 20.63: Floor Area Ratios and Building Bulk, when a floor area ratio is applicable. The definition within Chapter 20.63 states: Gross Floor Area. For purposes of this chapter, gross floor area shall be defined as the area of a building or portion thereof including the surrounding exterior walls, except that outdoor dining areas utilized in conjunction with an eating and drinking establishment shall also be included. Any finished portion of a building which measures more than 4 feet from finished floor to ceiling and is accessible shall be included in calculations of gross floor area. Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area on only the first level. The Planning Department has routinely applied the definition under Chapter 20.63 on Floor Area Ratios and Building Bulk to commercial projects. This means that the stairwells and elevator shafts are only counted towards gross square footage at the first level. The applicant's proposal to exclude floor areas related to stairwells, elevator and duct shafts above the first level from counting towards the total floor area permitted is consistent with Planning Department practices in implementing the Zoning Code. Since this project is more institutional than commercial, the PC Text Amendment No. 2002 -001 (PA 2002 -038) July 9, 2002 Page 5 of 8 City Attorney and the Traffic Engineer reviewed the proposal and agreed that it was consistent with City policies and practices pertaining to Hoag development entitlements. Chapter 20.63 continues with a provision that addresses utility and mechanical equipment: Utilities and Mechanical Equipment. The Planning Director may exclude utility and mechanical equipment rooms, totaling up to 10 percent of the gross floor area, from the calculation of the floor area ratio when it is clearly demonstrated that such areas do not contribute to the traffic generation potential of the property._ Upon review of the Utilities and Mechanical Equipment provision shown above, the applicant's request includes areas that are not limited to "utility and mechanical equipment rooms." The applicant's request includes utility shafts as well. Within the East Tower example, the total floor area needed for mechanical and utility equipment rooms, etc., exceeds the 10% exclusion allowed pursuant to Planning Director discretion. The 10% exclusion allowed by the Zoning Code for utility and mechanical rooms, as applied to the East Tower at Hoag Hospital, would amount to approximately 39,771 sq. ft. The applicant has indicated that the actual amount of area related to the required communication, duct, electrical, mechanical, structural, and other utility equipment rooms for the East Tower is 89,606 sq. ft., an increase of 50,000 sq. ft. (please refer to the table on page 4 of the staff report for the East Tower statistics). Utilizing the 10% exclusion also does not address the subbasement space dedicated to base - isolator structural requirements mandated by the Office of the Statewide Health, Planning and Development. The Traffic Engineer concluded that the proposal would not require additional traffic analysis. These spaces would not be available to house new employees or patients, or space that would otherwise result in an increase in visitors to the hospital. Therefore, the request would not result in the generation of any additional trips to the site. The traffic analysis conducted for Phase II was based upon areas and uses generating new or additional trips. The proposed exclusion of area is consistent with this analysis. Furthermore, the Commission recommended the additional language that prohibits these "excluded spaces" from being converted to useable space, which might be occupied by future uses that generate additional traffic — however unlikely it may appear now. The prohibition language to be included within the Planned Community Development Text recommended by the Commission is illustrated below (proposed changes in italics): V. DISTRICT REGULATIONS B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport PC Text Amendment No. 2002 -001 (PA 2002 -038) July 9, 2002 Page 6 of 8 c) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. 2. Upper Campus a) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. These amendments, in conjunction with the amendments proposed by the applicant, are included in the draft ordinance, should the Council decide to approve the request. Conclusion The request seeks to exclude areas that are not routinely occupied and, therefore, do not generate new or additional traffic trips. Many of the current requirements for these electrical, mechanical or structural systems were not in place in 1992 when the master Plan and Development Agreement were finalized. Should the Council disagree with the request, the useable portion of the East Tower would be reduced by the areas identified on the table on page 4 of this report. It should be reiterated that another traffic study is required upon completion of Phase II and prior to commencement of Phase III to provide the City a means to evaluate the phased development of the hospital campus and determine if the trips generated as a result of project implementation are in line with what was anticipated. In the case they are not, then the City can impose additional mitigation measures to reduce or eliminate the impact(s). Environmental Review The project has been reviewed and it has been determined that the currently proposed scope of development for Phase II at Hoag Memorial Hospital Presbyterian falls within the parameters established in the originally certified EIR (EIR No. 142), which remains the governing environmental document. No significant impacts were identified outside those already defined in the EIR. The approved traffic study for Phase II documented that no new project Conditions of Approval or Mitigation Measures were warranted. This proposal reflects a clarification of defined square footages within the entitlements granted by the aforementioned documents. Recommendation Staff recommends that the City Council introduce Ordinance No. _ that would approve and incorporate Planned Community Development Text Amendment No. 2002 -001, as worded in the attached exhibit and pass to second reading on July 23, 2002. Submitted by: PATRICIA L. TEMPLE P tng Director M, Prepared by: TODD M. WEBER Associate Planner PC Text Amendment No. 2002 -001 (PA 2002 -038) July 9, 2002 Page 7 of 8 Exhibits 1. Planning Commission Resolution No. 1560 2. Planning Commission Minutes dated June 6, 2002 3. Draft Ordinance No. 4. Plans F:\ Users\ Pln\ Shared\PA's\PA2002- 038\PD2002001- ccrpt.doc.dot PC Text Amendment No. 2002 -001 (PA 2002 -038) July 9, 2002 Page 8 of 8 0 fS N RESOLUTION NO. 1560 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE PLANNED COMMUNITY TEXT; AMENDMENT NO. 2002 -001 FOR PROPERTY LOCATED AT ONE HOAG DRIVE (PA2002 -038). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by Hoag Memorial Hospital Presbyterian with respect to property located at One Hoag Drive requesting approval of PD2002 -001 that will clarify which floor areas apply to the established maximum development allocation approved under the Hoag Memorial Hospital Presbyterian Master Plan. The amendment excludes such areas as utility shafts and ducts, mechanical and electrical equipment rooms, and other similar areas that are not regularly occupied from counting towards the total area approved by Development Agreement No. 5, approved by the City Council on February 14, 1994. Section 2. A public hearing was held on June 6, 2002, at 6:30 P.M. in the City Hall . Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the aforesaid meeting. Section 3. The Planning Commission finds as follows: a) The maximum development allocation permitted pursuant to the Hoag Hospital Master Plan will not change as a result of the applicant's request. The request proposes an additional definition for inclusion in the Hoag Hospital Planned Community Development Criteria and District Regulations that would clarify which floor areas apply towards the maximum development allocation. The definition would exclude areas such as equipment and mechanical rooms, utility ducts and shafts, etc., that are not for normal or regular occupancy. b) The pre- existing development standards such as building height and density will not change as a result of the applicant's request. The request is a text amendment pertaining to floor areas, which would remain subject to the existing development standards. C) The exclusion of these areas would not create any new or additional environmental impacts. The request does not involve an increase in density, building bulk, trips generated to the site, or some other intensification of use. Development and construction would remain subject to all of the pre- existing development standards of the Hoag Hospital Planned Community Text and Development Agreement. . d) The request is in accord with the original intent and purpose of the Hoag Memorial Hospital Presbyterian Master Development Plan and the Development Agreement. Since the original plan and agreement were adopted in 1992 and 1994 respectively, Exhibit No. 1 I there have been additional requirements placed upon hospital facilities related to the electrical, structural and mechanical demands associated with providing medical services. The request clarifies which floor areas apply towards the maximum development allocation. The areas to be excluded do not provide for normal or regular occupancy. e) The project has been reviewed, and a determination has been made that the project is consistent with the approval for the Hoag Hospital Planned Community (PC -38) District, and no new potential environmental effects are anticipated as a result of the project. f) The project is also in accord with the Implementing Guidelines for CEQA as the hospital expansion project is consistent with the Governmental, Educational, and Institutional Facilities designation of the site by the General Plan and the Hoag Hospital Planned Community (PC — 38) District which permits hospital and related medical facility development. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve Planned Community Text Amendment No. 2002 -001, as depicted in Attachment "A." Section 5. This recommendation shall be forwarded to the City Council for final adoption of this amendment in accordance with the provisions of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6`h DAY OF NNE, 2002. AYES: McDaniel. Kiser. Aeajanian. Tucker Gifford. Kranzlev and Selich NOES: None ABSENT: None :_ L T r, Chairman B Earl McDaniel, Secretary )b NAttachment "A" To Resolution No. _ Proposed changes to the Hoag Memorial Hospital Presbyterian Planned Community Development Text: ' III. DEFINITIONS Entitlement, Gross Floor Area: the area of a building or portion thereof including the surrounding exterior walls, but excluding 1. Area of a building utilized for stairwells, elevator shafts and duct shafts on levels other than the first level of a building in which they appear; 2. Area of a building which measures less than 8 feet from finished floor to ceiling and is not for general or routine occupancy; 3. Area of a building used specifically for mechanical equipment, electrical equipment, and information /communication systems, and is not for general or routine occupancy; and 4. Area of a building used for base isolation and structural systems and is 49 not for general or routine occupancy. and PART V. DISTRICT REGULATIONS B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport c) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. 2. Upper Campus a) Conversion of mechanical, structural or utility spaces to uses that allow general orroutine occupancy. El N City of Newport Beach Planning Commission Minutes June 6, 2002 INDEX SUBJECT: Hoag Hospital Item 4 • (PA2002 -038) PA2002 -038 Request to amend the Hoag Memorial Hospital Presbyterian Planned Community Approved Development Criteria and District Regulations pertaining to floor areas that apply towards the established maximum development allocation. The applicant seeks to exempt out floor areas that are used to construct structural systems, store mechanical equipment or otherwise not regularly occupied. Ms. Temple noted that as the Principal Planner she was involved when the Development Agreement for Hoag Hospital when it was approved in 1992. This is one particular type of land use and one particular type of project where what was known about construction needs and infra structure needs for the type of land use that we were considering, were considered to be rather ordinary and typical to most office development at the time. However, in the Intervening years It is clear that times have changed and things have changed. Our codes in many ways have not kept pace with some of the changes in both how buildings are built and how building infrastructure is housed. Two particular things that really bring this amendment forward are the fact that the basement that houses the base isolation seismic facilities, or supports of the building, technically are defined as floor area and it is really not useable, It Is really just the building on wheels so that when the ground shakes, the building rolls back and forth and does not collapse upon itself. These are new seismic requirements that have grown out of the Northridge earthquake and the failure in several hospitals in the northern part of LA County. In addition, technology has rapidly grown in the health care industry and particularly in the intensive care portions of the hospitals and the amount of electronic infrastructure that these buildings need to provide for all the monitoring and other types of devices are just so much greater than we ever thought would happen when the original entitlements were established. Staff feels it is appropriate in particular since this Is a planned community applicable only to this hospital use site, that for this use the exclusion of these support areas, these non - occupiable areas, could be something considered by the Commission. Public comment was opened. Bill Jennings, 280 Cagney noted he is not against this project. Continuing, under discussion for the east tower is 89,000 square feet. How will that be re- distributed in the rest of the project? Will that give them further area to Increase the envelope of their project? I had been Involved with the original Development Agreement representing our group living next door to Hoag Hospital. I would like to know how this area will be reallocated. Ms. Temple answered that the project conforms to all elements of the Development standards, Le., building heights, setbacks, etc. If we do not change the definition, we will have to reduce the size of the project by the square footages because they would count as useable square footage area. John Chamberlain, 260 Cagney Lane asked that the City be more definite. The 17 Exhibit No.2 13 City of Newport Beach Planning Commission Minutes June 6, 2002 INDEX hospital is not filling its envelope so far, so for the staff to say it's all going to be within the project limits, there is so much space in the project limit. It is a question of where this space is going to be used. There is going to be more physical building within a pre - approved envelope that was a hard fought bloody battle in the early 90's. I think the City owes it to Its ciflzens to give it notice to get an understanding of what the consequences are of approving this is going to be. Lido Island gets impacted when this large giant structure comes up and out to the east. Mother issue is one of quality of life in terms of light and air. We live adjacent to the hospital and as things close in and go higher on either side of the main structure, it constricts the air, changes wind flow, changes light and changes the ability to have plants grow. Then it is a function of knowing where we stand in light of what is really proposed. Typically we have been told they don't know yet, they just want the freedom to build and conform to the changes in the laws and hospital requirements. Commissioner Gifford clarified with the speaker that he is suggesting that there is a possibility that there is available square footage that presently doesn't have a specific plan that could be used for these purposes and his concern is because this purpose seems relatively innocuous, extra square footage is being asked for this and then the other square footage will be available for whatever. Mr. Chamberlain answered that Hoag Hospital did not want to have a general plan and have it all done at once. In the early 90's and late 80's the Council wanted to develop this envelope program so that they could set the parameters once and for all. The hospital plan at that time got certain height limits, broad based footprints limits and did not completely fill the envelope. It wouldn't be in their purpose to completely fill the envelope. There are pieces of the envelope like south of the tower that only goes four stories high. Now, are they going to come out from that tower with the extra thousands of square feet and come south towards to the main parking lot which will narrow the gap between the two buildings 280 and 260 Cagney and create a greater wind effect? Chairperson Tucker asked if changes in law have resulted in more area being required for the structural, safety and mechanical purposes than what would have happened back when the plan was originally approved? In my mind, that is the issue. If those have increased and we are just stuck with the limits as defined now, Hoag is actually getting less area than what was originally anticipated in terms of being occupied. Mr. Chamberlain stated that they have the same area; it is just how useful that area will be for them. The meetings established area and at that point and still today, normally when you develop an envelope it includes hallways, includes basements and includes non - useable space. It is a legitimate request to ask for an amendment and I think It is a legitimate request to say what is going to be the affect of that amendment on the homeowners and we don't have that half. Peter Foulke, Executive Vice President Hoag Hospital noted that he went through those extensive hearings back in the early 90''s. The issues were discussed in terms 18 I LI/ City of Newport Beach Planning Commission Minutes June 6, 2002 of setbacks, heights, etc. There have been changes in laws that we have to comply with. The base isolation is a method of securing this building in an earthquake to make it safe and that is the entire subterranean basement floor space. We are not going any higher, not going any wider, and not going closer to any setbacks. It is space that would come out of our allocation, which is nothing but a bunch of shock absorbers sifting down there. There have been a number of changes since legislation went through in terms of changing structure requirements for hospitals in the last few years. We believe this request will not have any impact on the neighbors in terms of additional height or bulk. The additional 89,000 square feet is in the ground. There will be an interstitial floor as well that is all mechanical and will be 53,829 square feet. The subbasement is the sub - isolation floor is 35,777 square feet. The whole Development Agreement had no plans for this type of requirements. Instead of putting it on the roof, we have put it on the interstitial floor, which does a nice job of hiding it and makes it more aesthetically pleasing. At Commission Inquiry, Ms. Temple noted that the floor area is established via a floor area ratio. The size, height, setbacks of buildings and other structures on the property are governed by the other development regulations. For instance, the parking structure is not floor area. They just built a brand new 6 story parking structure and that did not count at all against the floor area but it still had to maintain the building envelope. On the upper campus, those envelopes N recognize that was In a high -rise area and so the height limits are quite high. The other parts of the hospital campus Qower) against Coast Highway have a much lower height limit and different setbacks than are present on the upper campus plan. There is no direct relationship between the allowable envelope for building for this site and the permissible floor area. Commissioner Selich asked when the specific plan was approved was there a plan for this tower? Mr. Foulke answered no, and there was no square footage defined for this tower. Each of the campuses has separate limitations on square footage. All of the square footage on both the upper and lower campuses was defined in gross terms and there was an overall building envelope for the property and within that envelope different buildings at different heights were constructed. There were additional restrictions on the lower campus such as no emergency rooms and no helicopter pads. Commissioner Selich asked if the floor area goes underneath the building in the mechanical utilities room, that is about 13.5% of the total square footage of the tower, so presumably if these regulations wouldn't have come into place there would have been a regular floor there encompassing that 13.5% of the building, where do you plan now to put that square footage? Mr. Foulke answered, he didn't know yet. The concept we have is the buildable envelope and square footage bulk so if we build within our allotments we would have the approval to do that. On the upper campus, we have approximately 19 INDEX J City of Newport Beach Planning Commission Minutes June 6, 2002 150,000 more square feet to build out. We expect to end up with the same ratio for mechanical and electrical similar to this as well as the sub - basement. Commissioner Selich noted that buildings) would probably translate to an above ground square footage would be about another 150,000 square feet to the upper campus area. Mr. Foulke agreed. Public comment was closed. Commissioner Gifford noted that the 53,829 square feet will be extra space and is it likely to be a separate building or part of a building already on the site? Mr. Foulke answered it will probably be included in an existing building on site as there a lot of small buildings within the building envelope. Commissioner Kiser asked that if this was not within a Planned Community Development, a substantial portion of that 89,606 square feet would be exempted under our Zoning Code. Ms. Temple answered the Zoning Code for all commercial development allows an exclusion of up to 10% of a building for the purposes of mechanical and support spaces. That would mean approximately 39,771 square feet would be exempted for the hospital. Mr. Foulke noted that the way the lower campus is approved with the setbacks that it has as well as the height limitations and allowable square feet, they are basically allowed to fill in a large part of that lower campus. So if this additional square footage went anyplace there it could only go down. Commissioner Agalanian affirmed that the amount of additional square footage that is being permitted with the adoption of the redefinition is roughly 300,000 square feet remaining in the lower campus and about 150,000 square feet remaining in the upper campus. That totals to about 450,000 square feet of remained yet to be developed. Of that if we apply this 22% figure (exclusion sub- total square footage) that would be adding about another 89,000 square feet of space. We are approving with the redefinition then is the reconfiguration of this 89,000 square feet and then potentially another something less than 90,000 square feet remaining. Mr. Foulke agreed. Commissioner Kiser, referencing Attachment A to the Resolution, asked if the measurement of '....8 feet from finished floor to ceiling and is not occupied...' be changed to 7 feet to conform that measurement with Chapter 20.03 of our Zoning Code, which provides for exemptions for basement or attic areas. Ms. Temple answered that if the applicant can work within that 7 -foot space that would be a good thing to do. Randy Regear, with Taylor and Associates, Architects 2220 North University 20 INDEX 0 0 l N City of Newport Beach Planning Commission Minutes June 6, 2002 r] representing Hoag Hospital answered that the reason it is 8 feet is that In Title 24 we are required by Code to not make any space less than 8 feet unless it is like a Janitors closet, which is the only exception that allows us to reduce the ceiling height to 7 feet. This particular Instance, our concern is the base isolator level actually has an 8 -foot floor height. With base isolator technology you extend the floor - to-floor heights and gets you beyond the 8 feet that throws it into the calculated square footage. Commissioner Kiser thanked Mr. Regear stating he had answered his question. The measurement will remain 8 feet. Motion was made by Commissioner Gifford to approve Resolution 1560 with the change suggested on page 5 of the staff report having the definition state that the areas are not for continuous or regular occupancy and the additional condition prohibiting the excluded spaces from being converted to useable space. INDEX Commissioner Kiser noted that Attachment A to the Resolution incorporated those specific statements. He offered additional language to Definitions number 2., 3., and 4. ....... not for general or routine occupancy. This was acceptable to the maker of the motion and the applicant. Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranziey, Selich Noes: None SUBJECT: Bernard A. Leckie on behalf of Robert Butler, property owner Item 5 911 W. Bay Avenue PA2p • Modification Permit No. 2002 -018 (PA2002 -037) The permit requests the retention of a deck extension completed without b t of Continued to a building permit. The deck area was >1ocate olid roof patio ver that 06/20/2002 encroaches 2 -feet 10- inches into the ret front y setback. The extension increases the depth of the d inch nd maintains the required 3 foot side yard setbacks. The pro a R -2 District. Ms. Temple noted that this item is to be che request of the applicant to June 20th. Ayes: McDaniel, K Tucker, Gifford, Kranzley, Seiich Noes: None SUBJECT: JWA Settlement Agreement Extension Item 6 General Plan Amendment, GPA 2002- 001(PA 2001 -222) PA 2001 -222 An p endment to the Land Use Element and Noise Element of the General Plan I Continued to 21 l� ORDINANCE NO. 2002-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY TEXT AMENDMENT NO. 2002 -001 TO THE HOAG HOSPITAL PLANNED COMMUNITY DEVELOPMENT TEXT WHICH ESTABLISHES A DEFINITION TO EXCLUDE CERTAIN NON - OCCUPIED AREAS FROM APPLYING TOWARD THE TOTAL DEVELOPMENT ALLOCATION AUTHORIZED FOR THE SUBJECT PROPERTY IDENTIFIED AS ONE HOAG DRIVE. WHEREAS, amendments to Title 20 and any adopted Planned Community Development Text must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, the Planning Commission has held a noticed public hearing on June 6, 2002 to consider Planned Community Development Text Amendment No. 2002 -001 to establish a definition to be incorporated into the Planned Community Development Text that would exclude so certain non - occupied areas within buildings from applying toward the overall development allocation for the subject property identified as One Hoag Drive, legally described as that portion of Lots 169 & 170 in Block 2 and a portion of Lot 172 in Block Iof Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps; and 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, CA, and adopted Resolution No. 1560 recommending approval to the City Council; and WHEREAS, the City Council has held a noticed public hearing on July 9, 2002 regarding Planned Community Development Text Amendment No. 2002 -001, which would amend the text by including a new definition pertaining to floor areas and their use for the hospital campus located at One Hoag Drive. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: In conjunction with the consideration of the subject amendment to the Planned Community Text, the proposed project has been reviewed and it has been determined that the currently proposed scope of development for Phase II at Hoag Memorial Hospital Presbyterian falls within the parameters established in the originally certified EIR (EIR No. 142), which remains the governing environmental document. No significant impacts were identified outside those already defined in the EIR. The approved traffic study for Phase II documented that no new project Conditions of Approval or Mitigation Measures were warranted. This proposal reflects a clarification of defined square footages within the entitlements granted by the aforementioned documents. I Ordinance No. 2002- Page 2 of 3 Section 2: The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall be amended to include a new definition pertaining to floor areas and their use for the hospital campus located at One Hoag Drive, as provided in Attachment No. 1. Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on July 9, 2002, and was adopted on the 23`d day of July by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 0 aC) Ordinance No. 2002 - Page 3 of 3 Attachment No.1 To Ordinance No. 2002- For Planned Community Development Text No. 2002 -001 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations Proposed changes to the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (additional text shown in italics): III. DEFNITIONS Entitlement. Gross Floor Area: the area of a building or portion thereof including the surrounding exterior walls, but excluding 1. Area of a building utilized for stairwells, elevator shafts and duct shafts on levels other than the first level of a building in which they appear; 2. Area of a building which measures less than 8 feet from finished floor to ceiling and is not for general or routine occupancy; 3. Area of a building used specifically for mechanical equipment, electrical equipment, and information/conununication systems, and is not for general or routine occupancy; and 4. Area of a building used for base isolation and structural systems and is not for general or routine occupancy. V. DISTRICT REGULATIONS B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport c) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. 2. Upper Campus . a) Conversion of mechanical, structural or utility spaces to uses that allow general or routine occupancy. �I EXHIBIT 4 IS AVAILABLE IN THE CITY CLERK'S OFFICE FOR VIEWING 0 r_1W_�1I IW 0 28 June 2002 "RECEIV D AFTER AGENDA %ill G[n�lsay PRINTED:" 13 FOUR SAL60A COVES • NEWPORT BEACH. CALIFORNIA 92663 • ;7 1, ,, ;_ I 1 ! rl '02 L -9 A 9 :11 IF F. ,r '.n` ,ii ' iLERA CI_ ;. > ..:Y71RT BEACH RE. Planned Community Development Text Amendment PD 2002 -001 (PA2002 -038) Dear Mayor and Council Members: I am writing to you today to formally protest the requested amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations pertaining to floor areas that apply towards the established maximum development allocation. As you may recall, several years ago, without a Master Development Plan, Hoag was granted an unprecedented twenty -year window to develop the lower campus based upon loosely defined envelopes to maximize density. Now Hoag, again without a defined Master Development Plan wants to "exclude areas that are used to house structural systems, mechanical equipment or otherwise not regularly occupied." The ambiguity of this request is frightening to me. This ambiguity allows for interpretation by Hoag and could be precedent setting; i.e. will bathroom or supply facilities be excluded because they are not "regularly" occupied. I believe Hoag knows full well the reasons behind this requested exclusion. I wish they would share their reasons with the rest of us. Please require Hoag to submit their Master Plan before granting any such exclusions. Thank you. Mayor and Members of the City of Newport Beach City Council 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Refer to File for Exhibit III.