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HomeMy WebLinkAboutExhibit 13 - Exhibit 13 - Planning Commission Resolution 1753Exhibit No. 13 Planning Commission Resolution No. 1753 recommending application approval 13.1 THIS PAGE LEFT BLANK INTENTIONALLY BLANK 13.2 RESOLUTION NO. 1753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2007 -005, PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001 AND DEVELOPMENT AGREEMENT AMENDMENT NO. 2007 -001 FOR THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN MASTER PLAN UPDATE (PA 2007 -073) WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007- 001 (PA 2007 -073) referred to as the Hoag Master Plan Update or the project. The project modifies existing regulatory documents (General Plan, Hoag Memorial Hospital Planned Community Development Criteria and District Regulations, Development Agreement) that provide for the current and future use and development of the approximately 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach. WHEREAS, A Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142. 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 is to analyze the potential impacts of Hoag's request to amend the General Plan, Planned Community Development Plan and Development Agreement. The Supplemental EIR finds that no new significant traffic impacts will be created associated with the proposed Master Plan Update Project. Consistent with the conclusions of Final EIR No. 142, the Project's contribution and all project - speck cumulative impacts will be no more significant than that previously identified. WHEREAS, the Planning Commission held a public hearing on January 31, 2008, February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142. A notice of time, place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. 13.3 Planning Commission Resolution No. 1753 Page 2 of 3 WHEREAS, Hoag Memorial Hospital Presbyterian has agreed to provide public benefits as consideration for the Development Agreement, including the payment of three million dollars for City public facility improvements and designation of the City as the point of sale for major hospital equipment purchases. WHEREAS, the Planning Commission finds that: (1) General Plan Amendment No. 2007 -005 provides greater flexibility to Hoag Hospital to meet the health care needs of the community by allowing additional development on the Hoag Upper Campus (225,000 so with a corresponding diminishment of development on the Hoag Lower Campus such that there is no increase in intensity of use that would create increased traffic impacts to the community. (2) The application is consistent with the General Plan Policy LU 6. 1, which calls for, "A diversity of governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3-63 and 3 -64 (July 25, 2006). General Plan Amendment No. 2007 -005 is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or.regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa. (3) General Plan Amendment No. 2007 -005 generates no additional residential density, non - residential intensity or peak hour traffic and therefore, a vote by the electorate would not be required should the City Council approve the amendment. (4) Planned Community Development Plan Amendment No. 2007 -001 provides suitable and adequate standards including those relating to uses, development limits, building height limits, setbacks, parking, landscaping, screening, signs, lighting, and noise control. 13.5 Planning Commission Resolution No. 1753 Page 3 of 3 (5) The Amended Planned Community Development Plan is consistent with the General Plan and Municipal Code section 20.35.050(C), which mandates the requirements of a Planned Community Development Plan. (6) The Development Agreement is entered into pursuant to, and constitutes the present exercise of the City's police power. (7) The Development Agreement is in the best interests of the health, safety, and general welfare of the City, its residents, and the public. (8) The Development Agreement is consistent with the General Plan and the Amended Planned Community Development Plan as of the date of this Resolution. (9) The Development Agreement ensures that implementation and utilization of the building entitlements applicable to the Hoag Hospital Campus are consistent with the General Plan's standards for land use, housing, circulation, open space, noise, safety, and conservation, and with the General Plan's goals of improving and providing transportation infrastructure, parks, public services, open space, water resources, and environmental resources. (10) The Development Agreement is consistent with provisions of state law (California Government Code sections 65864- 65869.5) and local law (Municipal Code chapter 15.45) that authorize binding agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they. may proceed with projects consistent with existing policies, rules, and regulations. More specifically, the Development Agreement is consistent and has been approved consistent with provisions of California Government Code section 65867 and Municipal Code chapter 15.45. NOW THEREFORE BE IT RESOLVED: (1) The Planning Commission recommends approval of General Plan Amendment No. 2007 -005 in accordance with Exhibit "A ". (2) The Planning Commission recommends approval of Planned Community . Development Plan Amendment No. 2007 -001 in accordance with Exhibit "B ". 13.5 Planning Commission Resolution No. 1753 Page 4 of 3 (3) The Planning Commission recommends approval of Development Agreement No. 2007 -001 in accordance with Exhibit "C ". PASSED, APPROVED AND ADOPTED THIS 20th DAY OF March .1 2008. AYES: Eaton, Peotter. Cole, Hawkins McDaniel. Toerge and Hillgren NOES: None )3.(0 Exhibit "A" The following changes to Table LU -2 of the Land Use Element of the General Plan applies to the specified Anomaly Locations listed below only and the remainder of Table LU -2 remains unchanged. 13.7 Exhibit "B" Draft PC text amendment 13.9 HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS REVISED MARCH 20, 2008 Recommended for Approval by the Planning Commission February 20,1992 Adopted by the City Council City of Newport Beach Amendment No. 744 Ordinance No. 92-3 May 26, 1992 Amendment No. 2002 -001 City Council Ordinance No. 2002 -17 August 27, 2002 Amendment No. _ City Council Ordinance No. ,2008 Last saved on 04/03/2008 5:37 PM 13.7 TABLE OF CONTENTS I. INTRODUCTION ....................... ............................... II. GENERAL NOTES ..................... ............................... III. DEFINITIONS ............................. ............................... IV. DEVELOPMENT PLAN ............. ............................... V. DISTRICT REGULATIONS ....... ............................... VI. HOAG HOSPITAL SIGN PROGRAM ...................... VII. HOAG HOSPITAL PARKING REGULATIONS ..... VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS IX. SITE PLAN REVIEW ................. ............................... Last saved on 04/03/2008 5:37 PM Page Number .........I .........................:....2 .............3 13. [0 •uc Page Number 1. PLANNED COMMUNITY SITE AND BOUNDARY MAP .......... ..............................7 2. VEHICULAR ACCESS ....... ...........................8 3. DEVELOPMENT CRITERIA ........................................................ .............................15 4. PROPOSED SOLND WALL LOCATION PLAN......... .... .............21 5. LOADING DOCK AREA LOCA -E ION ...................... .............................:22 TABLES 1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9 2. PARKING REQUIREMENTS Last saved on 04/03/2008 5:37 PM . .............................26 13.11 I. RQnRODUCTION Backaround 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. 13.12- II. GENERAL NOTES 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. 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. New eh al appuf4enaaees -build;s " e fl as utili-. -.•;ta eExcluding communications devices on the Upper Campus, new mechanical anpurtenances 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 screened— designed utilizing compatible architectural materials on the Lower Campus. dB," at all _rape..,, lines. 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 be-itfstalledcommence within thirty (30) days of the completion of grading. 2 13.13 IM 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 building which measures less than 109 feet from finished floor to ceiling and is not for general or routine occupancy; 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.) 2. Natural - the elevation of the ground surface in its natural. state before man -made alterations. 3. Existing - the current elevation of ground surface. 3 13 .l y Inpatient Uses: Hospital patient services which require evemight 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 o 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. , 4 13.15 IV. DEVELOPMENT PLAN Proiect 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 YLrsaille Sunset View linear and consolidated ao rk and Villa BalboaASeafaire Condominiums, west of Newport Boulevard and east of superior Avenue. It contains approximately 25:6137.38 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 28-152017, 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 ineludes e 0.8 acre view ad. ...Easent to the bike trail betwee., th twenty feet wide linear park area adjaeent to the bike path (approximately 0.5 aeres) and eansefidated view ..a...« the-we.--eft., edge of the p pert.. (app ,..,:.nmel., 0.3 e e,.) Ai31i4C null ..aim ' 1 'A .i L..�.. the stia L'l.e 'Fail.. ♦ the .them d ..r co'm mvvro� i3 a.im= prvrivca oorncccrcac- c�Ei,lt.mb— viitc-smisrm cno ow them anv beunda °foes of the T ewe« `'e„ Access to the Lower Campus will be from West Coast Highway d 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. !3.(6 x�. _ MOOR.- !3.(6 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 l Buil&nk Area Statistical Anal sis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Project Specific Approvals Hoag has acknowledges that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR." The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Master Plan Final Program EiR (Final EIR No. 142 ) and a Supplemental EIR for the Master Plan Update (SCH #1.991071.003). The EIRs analyze the impacts of construction phased over time and pursuant to CEQA the City is under a continuing 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. 6 L3.17 Nate: Buildings labeled foridenUHcatlpn purposes only II COMMUNITY 1 W lam, SCALE: 1" =200' —1 u e XNCAfL 11 X UD mm W4 CAN= cum Pffmm SWAMMM 'A 0 —1 u e XNCAfL 11 X UD mm W4 CAN= cum Pffmm SWAMMM TABLE BUILDING AREA STATISTICAL ANALYSES TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAximuM ALLOWABLE: 1,343,238 SOUARErFEET 'As of the date of adoption. Un to 225400 square -feet can be transferred from the Lower to the Upner � ' Demolition of she existing structures on the Upner Caws will oceur to ensure maximum square -feet will not exceed 1.343.238 square -feet 9 13. Z 0 Maximum Allowable Net Allowable Site Area Buildine Area Existin t Remaioin 1so"p- Taeeed U765765 349sg�ft. 765.349 N. ft. 698,121 sq. R. 67,228 sq. ft. 990,349 sq. ft.2 a w a U 862,815 sct. ft: 577,889 sq, ft 188,149 N. ft. 389,740 sg. ft. 577 889 sic , ft. ix a a F 1,618,164 sq. ft. 1,343,238 sq. ft. 886.270 Sq. R. 4_56,968 sg. ft. 1,343,238 sg. ft.' O F 'As of the date of adoption. Un to 225400 square -feet can be transferred from the Lower to the Upner � ' Demolition of she existing structures on the Upner Caws will oceur to ensure maximum square -feet will not exceed 1.343.238 square -feet 9 13. Z 0 Jade OTATTT�c AT IAf1 MQIC4 g Caneer -Center) �c nnn Child r onn s— l1 outpatiefft Services si ..L Cefvf,ee 550V9 A d zn nnn rcu::::xx�a t -utiYe Outpatient Set i^°" �c nnn Tapationt i i c nnn Vi n a and will- hkeiy-oo r-m-thre w �� 6 fafie to gross ske .,„/ GCi. lowef eampus and 1.0 for the upper eampus. RaMing Bulk lilmit fef the lower Gampus is 0.90 faf all swaotams 10 13.21 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 alloweby- de€miwa. 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) lGenditieflifig Rehabilitation (e) Surgery Center (t) Clinical Center (g) Day Hospital (h) Back and Neck Center (i) Biofeedback Q) 2GT Breast Imaging Center crap (k) Dialysis (1) EEGIEMG/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) 4R"4elegy Radiation Therapy (y) Respiratory Therapy (z) Sleep Disorder Center /3.,Z (aa) Speech Therapy (bb) Ultrasound (cc) Urgent Care (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (1) 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 (1) Chapel /Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop 0) Laboratory (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities? (o) Engineering/Maintenance (p) Shipping/Receiving (q) Microwave, Satellite, and Other Communication Facilities (4) Residential Care: (a) Substance Abuse (b) Mental Health Services (c) Extended Care (d) Hospice Care (e) Self or Minimal Care (f) Congregate Care (5) Medical/Support Offices 1 ° Parking structures or decks do not count toward square- footage 12 13.23 b. Methane gas flare burner, collection wells and associated system components. C. Accessory uses normally incidental to hospital development. d. Temporary structures and uses, including modular buildings. 2. Upper Campus a. Hospital facilities, including, but not limited to: (1) Inpatient uses including, but not limited to: (a) Critical Care (b) Emergency Gare-�Department (c) Birthing Suites (d) Cardiology (e) Cardiac Care Unit (1) Intensive Care Unit (g) Mother/Baby Unit (h) SurgeryAru ti % -Rooms (i) Laboratory 0) Pharmacy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit)$ b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. s Does not count toward square- footage 13 13.2Y B. Prohibited Uses Lower Campus a. Emergency Room b. Heliport C. Conversion of mechanical or structural or spaces to uses that allow general or routine occupancy -er— g . 2. Upper Campus a. Conversion of mechanical or structural or utility spaces to uses that allow general or routine occupancy_ersterag . C. Maximum Buildiruz 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. 14 13.15 LEGEND HEIGHT ZDNES UPPER CAMPUS ZONES -^ F 3 A" bM gYYP TOWER 20NE- MAXIMUM BUILDING HEIGHT .. _ -- 235' ABOVE MEAN SEA LEVEL - A>aE rvoRl Mqy 1 HOSPITAL RO —..1 MIDRISE ZONE- MAXIMUM BUILDING HEIGHT 140' ABOVE MEAN SEA LEVEL ® m +� PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA ly V RPnG OMyE ` MOMPnre� LEVEL, EXCLUSIVE OF ELEVATOR TOWER n LOWER CAMPUS ZONES \ D LOWER CAMPUS ZONE SUB AREAS A, B, C. F, AND G NO BUILDING SHALL (OADINGNmundArBorm "p - l M CII Am EXCEED THE HEIGHT OF THE EXISTING SLOPE Oft THE etnlune¢ 1 mW"" RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED _ EK RUItDING HOW SUB AREAS SUD - AREA SDANDE - MAXIMUM BUILDING HEIGHT 57.5 FEET ABOVE MEAN SEA LEVEL I�,. �.. �+I wtv t2 MMG ARM PR B FD G I YmR,IK W IFlOpnry EW 38'Mw.n HE14M. ABOVF PROPMW GRAl1F5 l82) 1YPICAI RANGE OF MMIMUM 10%d LryWytlyr Vwph 'mMierun BUWrR{ mocAwify1ANE',\ � BlIIL01NG MEIGHiS. MtAN $fA ICV(t IMS ypysn rann 2mrAM8 ji /C2,Ii2lBDBi,I (B 11 f; t! .12 MORASS SLOPE ELEVATION >mr Protue Wry vwa. I �, CRm,RN lurn.R"MAgXp AMINLOADINOOOCN r 21WO tANE 2mIlaLEA� 230 EuNE 2m- WIV,'LAW �J xRDSAa LAKE �raa � GATEDFREFACCES5 y FLARE Sc'� ._ f f .':'; / Ai yaeD i E SURFACE t foal_ A. SURFACEPARNNG C ft E , PARASNG F I CANCEfl i ,. ri• i cENrtn E. tAUnHn Y B. ,. PROPCRLY ZINC ✓/ -Uil` _ f MDDWfR ' muwAm / 23 R a , G. ` "� /� _ Neil NCE F ..3F. NOEBOq i.' fpF •? i'F -,t AREx+A,RndReRR e,e,a Q'ERr IsA Ip CON „'si -.. yo °` y,a+ NORTH IPIr M14/rpniBTwda _� TN , PARI!•CG PARKM BwN FAOa HlGNµ•AY Note: Buildings labeled for identification purposes only DEVELOPMENT CRITERIA PLAN I HOAG MEMORIAL HOSPITAL PRESE w N 100 0 100 200 --- F--L—j SCALE:1" =200' rYWIRIT I T-11, D. Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa F Seafaire condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -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: Ist Floor: Up to eighteen (18) feet in height no additional articulation is required. If the Ist 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: Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.. If the Ist 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 fifty -five (55) feet. 16 13-27 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 Cam us adiacent to the municipal parking lot at Superior and West Coast Highway). with GaIT -raps east ,e.,. ,t c e a Avenue ,.a Ave.« Coast Vii` 4. A twenty (20) foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty -five (25) foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Li htin The lighting systems shall be designed and maintained in such a manner as to hs ieldeeneeal -_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. p the , sueh beildings will have elean feeft 3s. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be eenaealed and designed and screened to blend into the building roof using materials compatible with roofing materials. 17 3.29 G. &M All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parkin All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. I. Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. Mechanical and Trash Areas° Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets,-alleys-,and immediately adjacent residentialadjei » ing properties. K. Internal- West Hoag Drive Circulation Limitations The proiect 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 proiect sponsor shall physically restrict access to the roadway between these hours and appropriate sisnaae 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. T-&--the essiblp, And with th ma3 arise the p° ^« „ w n . :«., ecx Fts to limit .mek deliveries is 1 � 18 2 p OWN L. Loading Dock The proiect s onsor shall prov und wa t Ds r wh approximate location on Exhibit 4 Said wall shall be installed within 12 months of proiect approval subiect 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 desk 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, an d enclosure of the trash compactor. R-nd- reds..,., asise to adjokiin re ide«ees from the leading .7e,.L °�n`� The design « s f f e , L :1.1:__._ « sed .. «e,.� of .. «. f..t...e phase .. the T1._,_e. ....,.b.• 1,..,....... .... ....� .,,,.......b 7,..,7.,...x,. ,... �....... ..._ —_� ______ r_'___ ___ ____ -rr -- thal additien. aeau-stical stud), shall be eendueted te assess the seund attenuation whieved 133, Am addition. 1 approval of a NiedifiGatieft as set Roth in GhaptOF 20.81 of the NewpoA Beaeh b,�ieipal Cede. M. Noise Standards Noise generated at the Hoag Hospital property shall be govemed 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 tbr the localion. 19 i3.3o 1. The applicable noise standard at the Hoag Hospital property line adiacent to the Loading Dock Area shall be as follows: 7AM -10 PM 10 P.M —7AM Da3qim e Nighttime Leg (1.5 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 Citv Noise Ordinance as a maintenance activity shall occur on a Saturday between the hours of 11:00 AM and 3:00 PM. 20 13.3! F it i I UPI, • tIS :1''D0� •.1 O� LOA Q a u, t_m SOUND WALL LOCATION PLAN HOAG,MEMORIAL HOSPITAL PRESBYTERIAN April 3, 2008 X X i : ; e�e X3.32 EXHIBIT4 LEGEND Existing Fence — Property Cme — Easement Line,.­',, – — — — — — — '; 48.5' High Wallr -' 23' High Wall n 17',High Wall , \ •••••••-- ••••••• 14'High'Wall `� ':• NOTE: Sound Wall isapproximately 470 Linear Feet. •., St ', Sound Wall height measured from adjacent roadway surface:. ,,,� ,. . l l?` N" ' G 1 LOA Q a u, t_m SOUND WALL LOCATION PLAN HOAG,MEMORIAL HOSPITAL PRESBYTERIAN April 3, 2008 X X i : ; e�e X3.32 EXHIBIT4 LEGEND PROPERTY LINE AS IDENTIFIED IN SECTION M.1,, DISTRICTREGULAMONS LOADING DOCKAREAAS IDENTIFIED IN SECTION M.2., DISTRICT REGULAIVONS On Natw BUdings fabaW forldmMcatlon purposm only ti W -7 E5 LIJ;J;J 6 F0 man ruWNs sxurnwc NORTH 4 100 0 100 200 :10-200' rr VI. l] C. HOAG HOSPITAL SIGN PROGRAM Puroose and Intent 1. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on- building wall and ground- mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. General Sign Standards I. 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 flash or sur- ar 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 I 10 -L. 5. For purposes of this section, a buildina shall be defined as anv occupied s ructure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for wayfinding purposes Individual building numbers uniquely define the buildin -gs on the Hoag campus Number of Sans Allowed One (I) 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 (I0) 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 to the same number and area OX 13.3y 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 n& exceed seventy (70) square feet. Secondary building and entrance identification signs shall be allowed. It freestanding, this sign type shall not exceed a maximum height of nine (9 ) feet 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 ft 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 co speed of traffic setback off the road and viewing distance This sign type finished grade. This -sign type shall=acGuf :pith. Ithoe sip suspended between PA,e upright d ih d RhAve 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 - parapets, 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. On the Lower Campus, two (2) one (1) building- mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa BalboafSeafaire property. Such signs shall adhere to the requirements 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. 24 3.35 VII. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off-street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Tr4ffic 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. of 4Anl tlaa- aFea limiwien -hall be included in the grass flser aFea to a the 25 /3.34P Use Category Outpatient Services Support Administrative TABLE 2 PARKING REQUIREMENTS Parking Requirements 2.0 .,....ees/1 nnn .,,....,_e feet* 2.31 spaces /1.000 square feet (1) 1.0 space/1,000 squafe feet* 0.0 spaces /1.000 square feet (I)(2) 4.0 s es/ i,000 ,. nnn , uar-e F W 5.3 spaces/I,000 square feet (1) Residential Care 1.0 spaces /1,000 square feetg_ U3 Medical Offices 4.0 spaces/1,000 square feet &- U3 Inpatient 1.25 ......ees. nnn ....,..,,.e r ** 2.35 spaces /1.000 square feet (1) I Parking factor based on narking 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. 26 X3.3-7 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roofs and the parking structures. Trees shall not be used, however planter boxes, green roof treatments or trellis systems may be designed to provide added visual relief of parking structures. All rooftop or top of parking structure landscaping proposals shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than twenty -four (24) inch boxes° gallon size. 3. Shrubs to be planted in containers shall not be less than ene +five 5 anon 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 that damage to trees, irrigations emsunks,— ;,d, shrubs and other planting materials4s- eveided. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of is He mired and irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their matureultimate size without restriction. Neerg- -eEmphasis 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. and .,.,,,•...r. ed vegetatieft and &e use EF Automatically controlledan irrigation systems shall be designed to avoid surface runoff and over - watering. 8. Replace and enhance existing trees shrubs and groundcover in areas altered by the planned Lower Campus utility upgrade , project to improve and unify Hoag landscaping along the West Coast Highway frontage. Installation would occur after underground utility installation. 9. To enhance visual quality, safety and erosion control along the Lower Campus, the north slope above the Lower Campus retaining wall will be 27 13.38 regraded to allow shrubs and ground cover, and a new irrigation system will be installed. B. Maintenance 1. All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground covers 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, aAdjustments and cleaning of systems are to sheuw -be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties teshall be adjusted to avoid creating abrasions or girdling of branches or central leaders. to the stems. 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 -0f -- 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. or soften views of the west parking lot from Pacific Coast Highway 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 Ttrees size are to be no less - 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 28 1 3.39 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 Communitv Association The plan shall also include sufficient additional landscaping to screen or soften the soundwall required pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with .their permission) Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landsca in shall be reviewed and approved by the Planning Director. :Pap APep h&A,R°^ the 110 "a BalbeaMeag pmpert), line and the leading dook sen4ee access read shall be landscaped eiwep 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 n€sessarily be in- regularly spaceding. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program may be developed for parking structures and shall be subject to the review and the approval of the Newport Beach Planning Department. 29 13 `fin IX. SYPE PLAN REVIEW A. Purpose 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. Findines 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: I . 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 glandscaped 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. 30 13.gf 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. >e 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: 1. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties; with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not 31 r 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 (2 1) days following the Commission action thereon unless, within the twenty -one (2 1) 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. I. Anneal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty -one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. J. Action by the City Council An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Exniration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty -four (24) months from the date of approv- al 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. Hearin . 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 32 i3.y3 Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. 33 / 3.Ny Exhibit "C" Insert Draft Development Agreement Amendment 13.g5 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 DRAFT EXEMPT FROM FILING FEES CAL GOVT CODE § 6103 (Space above this line for Recorder's use) AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 BETWEEN HOAG MEMORIAL HOSPITAL PRESBYTERIAN AND THE CITY OF NEWPORT BEACH . (Pursuant to California Government Code Sections 65864- 65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved Ordinance No. H &O #440 6' DOC (2 v. 1) l 3 y BI AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Hoag Memorial Hospital Presbyterian) THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ( "Amendment ") is entered into and effective on the date it is recorded with the Orange County Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City ") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag "). RECITALS 1. The "RECITALS" to the Restated Development Agreement are amended to add new Sections 1.9 through Section 1.19(el) to read as follows: 1.9 Hoag Property. Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit "B" (the "Property"), 1.10 Hoag Healthcare Services. Hoag is a 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 Hoag Community Benefit Programs. In addition to providing state -of -the -art hospital, diagnostic imaging and emergency room care medical services, Hoag is involved in many other community benefit programs such as police and SWAT team, fire department and paramedic support services, designating the City as the point of sale for major hospital equipment purchases, providing financial and transportation support for the City's senior Oasis Center, and providing methane gas flare bumoffto mitigate methane gas fumes along Pacific Coast Highway. Hoag's community medicine program allocates approximately $10 million annually toward improving the community's overall health, primarily through disease prevention and wellness and health promotion, especially for those vulnerable and disadvantaged populations.—a 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 2/14/08 10001.34 3.q7 H@.O: 444076 vDOC (2 v. 1) � Hospital Presbyterian Master Plan ( "Hoag Master Plan's 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,---and 1.13 Square Footage of Buildable Are a. Under the existing Hoag Master Plan and P.C. Text, the Property allows a total of 1,343,238 square feet of buildable area with 577,889 square feet allocated to the Lower Campus and 765,349 square feet allocated to the Upper Campus,,ind 1.14 Development AWementNo. 5. On May 26, 1992, the City Council adopted Ordinance No. 92 -4 approving Development Agreement No. 5 between the City and Hoag incorporating the Hoag Master Plan and P.C. Text and granting vested rights to Hoag to develop the Property pursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on August 4, 1993 as Instrument No. 63- 0522236 _.-aad 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; -an4. 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.; -an4 1.17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's Noise Element and Noise Ordinance. It is proposed that noise generated and originating from the Property be governed by the City Noise Ordinance with certain exceptions,; -amA 2/14108 10001.34 3 . u O H &O: #44076 vDOC (2 v. 1) 2 1.18 Noise Attenuation. Hoag has taken significant actions to attenuate noise generated from mechanical equipment and has installed landscape screening to mitigate and buffer noise and improve aesthetic impacts for adjacent residential properties.-i-and 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 furrther amendments to the Hoag Hospital Planned Community Text ( "P.C. Text ")to, among other things: (a) eliminate the reference to 1.0 Floor Area Ratio ("FAR") for the Upper Campus and the .65 FAR for the Lower Campus in the General Plan Land Use Element. In place of the reference to the FAR's, an absolute maximum allowable building area of 1,343,238 square feet will remain available for development of the entire Property comprised of the Upper Campus and the Lower Campus; (b) maintain a cap under the General Plan Land Use Element Amendment for development of the Lower Campus at 577,889 .square feet (if no square footage is reallocated) and establish a cap on development of the Upper Campus at 990,349 square feet (if all 225,000 square feet are reallocated from the Lower Campus to the Upper Campus); (c) allow the transfer of up to 225,000 square feet of buildable area from the Lower Campus to the Upper Campus, which, if all 225,000 square feet are reallocated, would result in a maximum allowed density of 990,349 square feet for the Upper Campus and a reduction to permit 352,889 square feet of allowable development for the Lower Campus; (d) to modify the noise standards applicable to the Property; and (e) delete a provision that required the City and Hoag to conduct a study of possible future improvements in and around the easterly end of the Semeniuk Slough, including a requirement that Hoag 2/14/08 10001.34 13 • 1 1 H &O: #44076 vDOC (2 v. I) 3 fund the study and potential future improvements in an amount not to exceed $200,000; and (f) incorporate the Second Amendment to the P.C. Text. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 1.5 of the Restated Development Agreement entitled Planning Commission/City Council Hearings is amended to read as follows: "1.5 Planning Commission/City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5,199 1, 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. 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 , 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 , 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 , 2008, the City Council adopted Ordinance No. approving this Amendment and authorizing the City to enter into this Amendment. The adopting ordinance will become effective on , 2008." 2/14/08 10001.34 14&0: 444076 vDOC (2 v. 1) 4 13.50 3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance is amended to read as follows: "2.1 The "Adopting Ordinance" refers to City Ordinance No. 94 -8, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. "Adopting Ordinance" further refers to Ordinance No. adopted on 2008 by the City Council, which approved and authorized the City to enter into this Amendment." 4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended to read as follows: "2.2 "Agreement" refers to thine "Restated Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian," and this Amendment." 5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to read as follows: "2.13 The "EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach Impact Report N 142, and Supplemental Environmental Impact Report No. " 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 "s "C"), as amended." 7. Section 3 of the Restated Development Agreement entitled Conditions to Development is amended to add a new paragraph after Subsection (f) to read as follows: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." 2/14/08 100o1s4 H &O: #44076 vDOC R v. 1) 5 / 3 . / am —� �%]iCiR015O�:lBYR,,,,, ied the n......, Fty hall 1.., from sxacz- cvFcr�, :mnzr- governed by the City Noise noise standard st the doelk shall be as follows! s 5 With respeet to grease N S it 1 :ti a on the appheableneis standard. Grease pit rleaning aetivities shall eab, eeeur between the hours of 14WO a.m. and 3AO pan. on Saturd",. & 9—.Section 3.3 of the Restated Development Agreement entitled Program EIR is amended to read as follows: "33 Program EIR. Hoag acknowledges that the EIR is a "Program EIR" and includes Supplemental Environmental Impact Report No. . 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 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. " I W. 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 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 6 13. 5 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. 44,Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to delete Subsection (c), which reads as follows: "(c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk Slough that Would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trials and the potential for those trails to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. As a part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that may be permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." 1L 42rSection 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as follows: "(d) City and Hoag acknowledge and agree that the Restated Development Agreement and this Amendment confer private benefits on Hoag that should be balanced by commensurate public benefits in favor of the City. Accordingly, the City and Hoag intend to provide consideration to balance the private and public benefits by the imposition of a Development Agreement Fee, which fee shall be used to reimburse the City for public improvements in the area and to fund certain additional needed public improvements identified by the City. Hoag shall pay to the City a Development Agreement Fee of Three Million Dollars ($3,000,000). Payment of one -half of the Development Agreement Fee of $1.5 million shall be 2114108 10001.34 H &O: 1144076 vDOC (2 v. I) 7 /,3.5.3 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 right -turn pocket for southbound Newport Boulevard to westbound Hospital Road; and (iii) funding of the operational improvements and traffic signal upgrade at the Hospital Road and Placentia intersection ( "Priority Public Improvements "). Construction of the first two Priority Public Improvements listed above occurred during 2007, and the third is anticipated to occur in 2008. The City shall be obligated to pay the actual cost difference, if any, for construction of these Priority Public Improvements. However, if there are any funds remaining after construction of the Priority Public Improvements is completed, the City may retain the funds to be used for other City projects or services that benefit the public. The City shall also have the sole authority to decide the design, cost and scope of the Priority Public Improvements and the, sufficiency of City's performance on the Public Improvement Projects shall not be subject to Hoag's approval. The balance of the Development Agreement Fee ($1.5 million) and any funds remaining after the construction of the Priority Public Improvements shall be used by the City in the City's sole discretion to offset costs associated with other City and community projects or services that benefit the public such as, among other things, public parks (sueh -*sfor example. Sunset View Consolidated Park), landscaping improvements adjacent to public right of ways, sound abatement programs, public buildings, public road improvements, water quality improvements, law .enforcement, fire fighting, emergency preparedness and other public safety facilities." 12, 43—A new section, Section 8.3, shall be added to the Restated Development Agreement entitled Sales /Use Tax Origin, to read as follows: "8.3 Sales/ Use Tax Origin 2/14/08 10001.34 C / / H &O: #44076 vDOC (2 v. l) 8 / 3 ' J `� (a) Hoag will include 'n i s g neral contractor construction contract a notice that oag's general contractor and subcontractors are encouraged to exercise their option to obtain a Board of Equalization sales/ use tax Abp rmit for e iobsite at the Project Property and allocate all clipjble sales and use tax to the City. Hoag wil provide Hoag's general contractor and subcontractors with the name and contact information of the City's Revenue Manager an notice of the Revenue Manager' availabi ity to meet and confer with them on the imnlementatio of the Board of Ril gal'zafion $ Weal e tax subpermit procedures. Hoag will further include notice in its general contractor construction contract that prior to beginning a qualified construction nroiect the general contractor and subcontractors electing to obtain a Board of Equalization sales /use tax subpermit are encouraged to meet with the City's Revenue Manager to review the process to be followed with resPeet to sales and use taxes, Hoag will further include a notice in its general contractor construction contract that the general contractor or subcontractors are en ouraged to certify in writing that the nerson(s) responsible for filing the tax return understands the process of reporting the tax to the City and w'll fo low the guidelines set forth in the relevant sections of the Sales and Use Tax Regulations: Hoag shall not be responsible for failure of Hoag's general contractor or subcontractors to follow the procedures set forth in this Section. 2/14/08 10001.34 H &O: 444076 vDOC (2 v. 1) 9 /3.55 I& Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby amended to delete: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8"' Floor P.O. Box 19613 Irvine, CA 92713 - 9613" and to add: "with a copy to: Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 with a copy toj Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614- 7321" ". 1 l a.l. ' I W43' J I• 1 "11 .17 Indemnification/Hold Harmless, To the fullest extent permitted by law. Hoag shall indemnify, defend-and-kW harmless ity. its City Council, Ots boards and commission . 2/14/08 10001.34 ' 3 5 H &O: #44076 vDOC (2 v. 1) 10 it, 1 III I I I IL6j I _.. I I l y 1 I I I I I 1 1 1 1 1 J 1 1 1 11 1' 1 at M13- I El I I .� . .. • k (U PT l 1 i/. 1 I 111 • II I I _ 1 I I_1i:_ • 1 I� I I I III I I i l I � I� 1• 11 II i t 1 I 1 1 1 111 l' 1 1 I I. WAM 1,1 tb l nil U 111i r I =1 . 1 I I 1 1 1 1 1 I r 1 II 11 11 1: 1.1 1 1 L.' 1 111 1 yl l' • ... 1 1 II '.1 .' I l_ 5... I& Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby amended to delete: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8"' Floor P.O. Box 19613 Irvine, CA 92713 - 9613" and to add: "with a copy to: Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 with a copy toj Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614- 7321" ". 1 l a.l. ' I W43' J I• 1 "11 .17 Indemnification/Hold Harmless, To the fullest extent permitted by law. Hoag shall indemnify, defend-and-kW harmless ity. its City Council, Ots boards and commission . 2/14/08 10001.34 ' 3 5 H &O: #44076 vDOC (2 v. 1) 10 1.11 J' .111 other Iense incurred in connection . I I _ II ? it J. r l l 1 I I. 1 I � I I I I I' I. • 11 11J 1 :111 I 1 I�. �" 1YI I I 111 II I' ' I I " I :. I 1 INTENT 111 1 1 I 17111-Mr., _I I. '1 1 I � I ii 1 I II "11.1 :I11 / llI 1 YI'1. 15. 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 ,2008 Adopted by the City Council City of Newport Beach Ordinance No. _ ,2008" 2/14108 10001.34 / 5 H&O: #44076 vDOC (2 v. 1) 11 I 1',I I .1 I' II I :9.11 a j l: 1' 111 t 1141 • 1 11 '._ 1 I _eI! I :.I 1 • I I 1 1_ I' ' �. 1• I 1 11. .0 I � 1 1 1_ 1 �� 1.11 J' .111 other Iense incurred in connection . I I _ II ? it J. r l l 1 I I. 1 I � I I I I I' I. • 11 11J 1 :111 I 1 I�. �" 1YI I I 111 II I' ' I I " I :. I 1 INTENT 111 1 1 I 17111-Mr., _I I. '1 1 I � I ii 1 I II "11.1 :I11 / llI 1 YI'1. 15. 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 ,2008 Adopted by the City Council City of Newport Beach Ordinance No. _ ,2008" 2/14108 10001.34 / 5 H&O: #44076 vDOC (2 v. 1) 11 16. Except as provided for in this Amendment and not otherwise superseded by this Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms, conditions, provisions and exhibits of the Restated Development Agreement continue to have full force and effect as provided therein and this Amendment shall constitute an integral part of the Restated Development Agreement. Exhibits A through $IC constitute apart of this Agreement and are incorporated into this Agreement in full by this reference. 17. 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.: 18. 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] 2/14/08 10001.34 l q . 5'? H&O: W076 vDOC (2 v. 1) 12 J ll WITNESS WHEREOF, the parties hereto have executed this Amendment to Development Agreement No. 5 to be binding as of the Effective Date. ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney CITY: THE CITY OF NEWPORT BEACH, a municipal corporation of the State of California Edward D. Selich, Mayor t OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation Richard Afable; President and CEO By: (Financial Officer) (All Signatures to be Notarized) F :users/CAT /Shared/Projects/HOAG DA/Amendment to Hoag DA— FINAL.doc 2/14/08 10001.34 H&O: #44076 vDOC I2 v. q 13 /,3.57 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in (his/her /their) authorized capacit( -y /- ies) „end that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (Ware) subscribed to the within instrument, and acknowledged to me that (he/she /they) executed the same in (his/her /their) authorized capacit( -y/ -ies), and that by (his/her /their) signature(s) on the instrument thq person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] 2/14/08 10001.34 H&O: #44076 vDOC (2 v. 1) 14 % 3 . 4o STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, a-94 acknowledged to me that (he /she/they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] 2/14/08 10001.34 H &O: #44076 vnOC (2 v. 1) 15 / DRAFT 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. 2/14108 10001.34 H &O: 444076 vDOC (2 v. 1) A -I /3-(P2- EXHIBIT s ify � �4, L I F� CL 3 �7 2/14108 10001.34 lil H &O, 444076 vDOC (2 v. I) B_ 3 . 3 i R': 1 Insert Final HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS 2114108 10001.34 H&O: 444076 vDOC (2 v. 1) 1.`_2 /3.&q