Loading...
HomeMy WebLinkAbout06 - Hoag Master Plan UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT April 22, 2008 Agenda Item 6 SUBJECT: Hoag Memorial Hospital. Presbyterian Master Plan Update (PA 2007 -073) One Hoag Drive, Newport Beach, California ■ Certification of Final Supplemental Environmental Impact Report ■ General Plan Amendment No. 2007 -005 ■ Planned Community Development Plan Amendment No. 2007 -001 ■ Development Agreement Amendment No. 2007 -001 APPLICANT: Hoag Memorial Hospital Presbyterian CONTACT: James Campbell, Senior Planner (949) 644 -3210 icampbelll CcDcity.newport- beach.ca.us On April 16, 2008, after a public hearing, the City Council certified the Supplemental Environmental Impact Report and approved Hoag's application to amend the General Plan, Hoag Memorial Hospital Planned Community Development Plan, and Development Agreement. The Council made several modifications to the Planned Community Development Plan and Development Agreement amendment they have been incorporated within the attached ordinances. RECOMMENDATION A) Adopt Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001; and B) Adopt Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001. DISCUSSION The modifications to the Development Agreement amendment are: 1. Scheduling future Annual Reviews in April 2. Annual noise compliance reports 3. Hoag payment of administrative costs for conducting Annual Reviews Hoag Master Plan Update April 22, 2448 Page 2 4. Reimbursement of costs to install groundcover and irrigation to an approximately 0.47 acre, unimproved portion of Sunset View Park 5. Implementation of Option #4 to reduce heat rejection at the cogeneration plant cooling towers between November through April during specific atmospheric conditions. The modifications of the PC Text were: 1. Change to the definition of entitlement gross floor area requested by Hoag. 2. Change to require landscaping of rooftop parking or parking structures. 3. Inclusion of landscape provision and exhibits to mandate the installation and maintenance of additional landscaping in the Lower Campus (parking lot trees, Coast Highway landscape screen, etc.) 4. Expansion of the Site Plan Review hearing process to include the replacement ofcooling towers or any project that could generate emissions that could cause odors, air quality impacts or impact visual resources. This process requires a finding that these projects conform with the goals and objectives of the General Plan, Development Agreement, PC Text. Additionally, they must be found compatible with the community character and potential impacts would need to be mitigated. Prepared By: a es Campbell, Senior Plahner Submitted by: David Lepo7 P a ning Director EXHIBITS (in the order they are referenced within the report) 1. Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001 2. Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001 Exhibit #1 ORDINANCE NO. 2008 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS (PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001). WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update that would apply to the 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach ( ".Property"); and WHEREAS, the application seeks approval of an amendment to an existing Planned. Community Development Plan that sets forth use, operational and development regulations for the Property and was approved by the City in 1992 by Ordinance No. 92 -3 and amended in 2002 by Ordinance No. 2002 -17 that implements the General Plan; and WHEREAS, the Planning Commission held a public hearing on January 31, 2008, February 7, 2008, March 6, 2008, and March 20, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full administrative record. A notice of time, place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073); and WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on April 16, 2008, to consider the recommendation of the Planning Commission; and WHEREAS, the City Council finds that: 1. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations provides suitable and adequate standards including those relating to uses, development limits, building height limits, setbacks, parking, landscaping, screening, signs, lighting, and noise control. 2. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is consistent with Municipal Code Section 20.35.050(C), which mandates the requirements of a Planned Community Development Plan. 3. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with the objectives, policies, general land uses, and programs specified in the General Plan and does not create any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is, therefore, consistent with the General Plan. More specifically, the General Plan Policy LU 6.1 calls for, "A diversity of governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3 -63 and 3-64 (July 25, 2006). The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa, an adjacent residential community. 4. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 5. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008 by adopting certain CEQA Findings of Facts and a Statement of Overriding Circumstances contained within Resolution No. 2008 -27, which are hereby incorporated by reference. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Planned Community Development Plan Amendment No. 2007 -001 specified in the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (Exhibit A) is approved. Use and development of the Property shall conform to Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations. SECTION 2. To the fullest extent permitted by law, Hoag shall indemnify, defend and. hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, . costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment to Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and /or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and /or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and /or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3: The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall not go into effect until the City Council approves or adopts all of the following: (1) General Plan Amendment No. 2007 -005; and (2) Development Agreement Amendment No. 2007 -001. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , 2008, and adopted on the day of , 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted by the City Council City of Newport Beach Amendment No. 744 Ordinance No. 92-3 May 26, 1992 Amendment No. 2002 -001 Ordinance No. 2002-17 August 27, 2002 Planned Community Development Plan Amendment No. 2007 -0001 Ordinance No. 2008 -9 April 22, 2008 FMAL_H0ag_PC_041808.D0C ,l1 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations TABLE OF CONTENTS I. INTRODUCTION ........................... H. GENERAL NOTES..... III. DEFINITIONS ........................................ ............................... IV. DEVELOPMENT PLAN ........................ ............................... V. DISTRICT REGULATIONS .................. ............................... VI. HOAG HOSPITAL SIGN PROGRAM .. ............................... VII. HOAG HOSPITAL PARKING REGULATIONS ................ VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS .......... IX. SITE PLAN REVIEW ............................ ............................... FINAL_Hoag_PC 041808.DOC Page Number 1 ..................2 ..................3 ..................5 ................10 ................21 ................23 .......24 ......27 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations LIST OF EXHIBITS Page Number 1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7 2. VEHICULAR ACCESS 8 3. DEVELOPMENT CRITERIA 14 4. PROPOSED SOUND WALL LOCATION PLAN 19 5. LOADING DOCK AREA LOCATION 20 6. LANDSCAPE MATRIX 31 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 32 8. COAST HIGHWAY LANDSCAPE SCREEN LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9 2. PARKING REQUIREMENTS ........................................................ .............................23 FMAL_Hoag_PC_041808DOC 33 Hoag Memorial Hospital Presbyterian Planned Conannnity Development Criteria and District Regulations I tl l I y 1� Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital- related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the Lower Campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. FINAL _Haag_PC_041808.DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IL GENERAL NOTES Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K -4 and K -5 regarding paleontological and archaeological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements or the requirements of the California Office of Statewide Health Planning and Development as applicable. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. 7. Excluding communications devices on the Upper Campus, new mechanical appurtenances on building rooftops and utility vaults on the Upper and Lower Campuses shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be designed utilizing compatible architectural materials on the Lower Campus. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall commence within thirty (30) days of the completion of grading. FINAL _Hoag_PC 041808.DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations III. DEFINITIONS Building Elevation: 1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2. A flat scale drawing of the front, rear, or side of a building. Building Envelope:. The volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy;and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and all elements thereof. Grade: For the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or FINAL_ Hwg_PC_041808.DOC 3 Hoag Memorial Hospital Presbyterlan Planned Community Development Criteria and District Regulations alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) 2. Natural - the elevation of the ground surface in its natural state before man -made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require twenty -four (24) hour or more stays. Landscape Area: The landscape area shall include on -site walks, plazas, water, rooftop landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: Hospital patient services which do not exceed twenty -four (24) hours. Residential Care: Medically- oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: For the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. FINAL_HOa &_PC 041808.DOC 4 Hoag Memorial Hospital Presbyterian Planned Conummity Development Criteria and District Regulations 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 Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603 square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards inpatient functions, while the Lower Campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown on the Development Plan for the Upper Campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital - related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. The maximum allowable building area for Hoag Hospital, which encompasses both the .Lower Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a maximum allowable building area limit: the maximum allowable building area for the Upper Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is 577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Project Specific Approvals Hoag has acknowledged that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR." The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a Supplemental EIR for the Master Plan Update (SCH #1991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing FINAL_Haag—K- 041808DOC 5 Hoag Memorial Hospital Presbyterian Planned CommunUy Development Criteria and District Regulations obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIRs, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIRs. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. FINAL_Hoag—PC_041808.DOC 6 UPPER CAMPUS Note: BuDdir4s toWed for ideWcatlon purpom only PLANNED COMMUNRY SITE AND B t NORTH is 100 0 Tao 200 SCALE: V -200' 7 280000 V.. WAS WWI��V Mew Buildings labeled for ideMcation purposes o* VEHICULAR ACCESS iv j NORTH 0 100 200 -F--L-j SCALE:I"=200' T-M 0 Hoag Memorial Hospital Presbyterian Planned Conmwnity Development Criteria and District Regulations TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAXIMUMALLOWABLE: 1,343,238 SQUARE -FEET As of the date of adoption. Up to 225,000 square-feet can be transferred from the Lower to the Upper Campus Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL_ Hoag_PC_041808 DOC Maximum Allowable Net Allowable Site Area Building Area Existin i Remaining u765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft. 990,349 sq. ft.' 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. ft. 577,889 sq. ft. �U d O a F 1,618,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. ft.3 O As of the date of adoption. Up to 225,000 square-feet can be transferred from the Lower to the Upper Campus Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL_ Hoag_PC_041808 DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories are not an exhaustive list. Other hospital- related uses which fit into the five (5) permitted use categories are allowed. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review and approval of the Planning, Building, Public Works, and Fire Departments. A. Permitted Uses Lower Campus a. Hospital facilities, including, but not limited to: (1) Outpatient services: (a) Antepartum Testing (b) Cancer Center (c) Skilled Nursing (d) Rehabilitation (e) Surgery Center (f) Clinical Center (g) Day Hospital (h) Back and Neck Center (i) Biofeedback 0) Breast Imaging Center (k) Dialysis (1) EEG/EMG/NICE Laboratory (m) First Aid Center (n) Fertility Services (o) G.I. Laboratory (p) Magnetic Resonance Imaging (q) Neurology (r) Nuclear Medicine (s) Occupational Therapy (t) Pediatrics (u) Pharmacy (v) Physical Therapy (w) Pulmonary Services (x) Radiation Therapy (y) Respiratory Therapy (z) Sleep Disorder Center (aa) Speech Therapy (bb) Ultrasound (cc) Urgent Care FINAL_Hoag- K- 041808DOC 10 Hoag Memorial Hospital Presbyterian Punned Community Development Criteria and District Regulations (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services (3) Support Services (a) Employee Child Care (b) Health Education (c) Power/Mechanical/Auxiliary Support and Storage (d) Food Services (e) Cashier (f) Chapel /Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop 0) Laboratory (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities (o) Engineering/Maintenance (p) Shipping/Receiving (q) Microwave, Satellite, and Other Communication Facilities (4) Residential Care: (a) Substance Abuse (b) Mental Health Services (c) Extended Care (d) Hospice Care (e) Self or Minimal Care (f) Congregate Care (5) Medical/Support Offices 4 Parking structures or decks do not count toward square - footage FINAL _Hoag_PC 041808.D0C 11 Hoag Memorial Hosp[tat Presbyterian Planned Community Development Criteria and District Regulations b. Methane gas flare burner, collection wells and associated system components. C. Accessory uses normally incidental to hospital development. d. Temporary structures and uses, including modular buildings. 2. Upper Campus a. Hospital facilities, including, but not limited to: (1) Inpatient uses including, but not limited to: (a) Critical Care (b) Emergency Department (c) Birthing Suites (d) Cardiology (e) Cardiac Care Unit (t) Intensive Care Unit (g) Mother/Baby Unit (h) Surgery (i) Laboratory (j) Pharmacy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit)5 b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. s Does not count toward square - footage FINAL—Hoag—PC 041808.DOC 12 Hoag Memorial Hospital Presbyterian Planned Conurmnily Development Criteria and District Regulations B. Prohibited Uses Lower Campus a. Emergency Room b. Heliport C. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy 2. Upper Campus a. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy C. Maximum Buildine Heieht The maximum building height of all buildings shall be in accordance with Exhibit 3, Development Criteria Plan, which establishes the following height zones: Upper Campus Tower Zone - maximum building height not to exceed the existing tower which is two - hundred thirty -five (235) feet above mean sea level. 2. Upper Campus Mid -rise Zone - maximum building height not to exceed one- hundred forty (140) feet above mean sea level. 3. Upper Campus Parking Zone - maximum building height not to exceed eighty (80) feet above mean sea level, exclusive of elevator towers. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated by the development criteria shown on Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center which is fifty -seven and one -half (57.5) feet above mean sea level. FINAL _Hoag PC_041808.D0C 13 Y*FWII a. UPPER CAMPUS ZONES TOWER ZOME- MAXIMUM BUUM REIGN 236' ABOVE MEAN SEA LEVEL MJDRtSE ZONE- MAXUAUM BUILD94G NEW 140' ABOVE MEAN SEA LEVEL PAIDUNG ZONC- MAW" BUILMO REIGM 80' ABOVE MEAN SEA LEVEL, EXCLUSWE OF ELEVATOR TOWER LOWER CAMPUS ZONES LOWER CAMPUS ZONE- SUB - AREAS A, 0, C, F, AND 0- NO BURU)ING UIALL EXCEED THE FMWIT OF THE EXISTNG SLOPE OR THE Pq RANGE OF MAMUM B1JRDtNG HEIGM INWATED MLDM NOW K* AK" SU13 - AREAS DAND E - MAIGNIUM BUILDM HEIGHT Ful wmm�OF� $7.5 FEET ABOVE MEAN SEA LEVU Hmn, Awe mpow mom "Emm � sm mu om 72 F7 AYMMU SLOK RMUM "1" 7 44W T,A Note: Buildings labeled for kleftficaWn purposes a* DEVELOPMENT CRITERIA PLAN 7$i : I NORTH 100 0 100 200 SCALE: V -200' MR 14 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations D. Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -foot minimum building setback. 2. The setback on West Coast Highway easterly of the hospital entry signal shall be fifteen (15) feet. In addition, vertical articulation shall be required for buildings easterly of the signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: I st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the I st 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 I st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. FINAL_Hoag.-M 041808DOC 15 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of fifty -five (55) feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of sixty -five (65) feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than two- hundred fifty (250) linear feet in width. Additionally, 20% of the linear frontage within one - hundred fifty (150) feet of West Coast Highway shall be open and unoccupied by buildings. 10% of the linear length of Height Zones A and B as viewed from the existing bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section 1X. 3. There will be no building setbacks along the westerly boundary of the Lower Campus (adjacent to the, municipal parking lot at Superior and West Coast Highway). 4. A twenty (20) foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty - five (25) foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard /West Coast Highway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Lighting The lighting systems shall be designed and maintained in such a manner as to shield the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be designed and screened to blend into the building roof using materials compatible with roofing materials. FMAL_HOag PC_O41808.DOC 16 Hoag Memorial Hospital Presbyterian Planned Conanunity Development Criteria and District Regulations 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. Landscape All landscaping shall be as specified in the Hoag Hospital, Landscape Regulations, Part VIII J. Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times. Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to issuance of required permits. To the maximum degree feasible, the sound wall shall be constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section VII I, D. for additional landscaping requirements related to the sound wall. Mitigation measures to reduce the noise levels in the Loading Dock Area shall be incorporated into the design and operations of the hospital; such mitigation shall include, relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor. FINAL _Hoag—KC 041808.DOC 17 Hoag Memorial Hospital Presbyterian Planned Communidy Development Criteria and District Regulations M.. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading DockArea Location, for the location. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7AM -10 PM Daytime 10 PM — 7AM Nighttime Leq (15 min) 65 dBA 55 dBA 2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt from applicable noise standards as listed above. Vehicle idling shall be prohibited on West Hoag Drive and within the loading dock areas, except that refrigerated vehicles may idle while at the loading docks when refrigeration is necessary. In addition, the grease pit cleaning which is exempt from the City Noise Ordinance as a maintenance activity shall occur on a Saturday between the hours of 11:00 AM and 3:00 PM. FERAL _Hoag—PC _041808.DOC 18 Sri, TZ 00 0 i. LEGEND Existing Fencq..% Property Easement lino. 18.5' High Wafiv, --- — — — 21' High Wall W-High Wall . ................ SOUND WALL SECTION LOCATION PLAN PIUAU MEMORIAL HOSPITAL PRESBYTERIAN March2S,2009 NOTE: Sound Wall height measured from adjacent roadway surface. X T 7 CP 0 �Y ( A 1p SOUND WALL SECTION LOCATION PLAN PIUAU MEMORIAL HOSPITAL PRESBYTERIAN March2S,2009 NOTE: Sound Wall height measured from adjacent roadway surface. X T 7 UPPER CAMPUS LEGEND PROPERTYLINEAS WENRED M SECTION KL, OISMCT REGULATM LGAINNG DOCKARFAAS HARMED IN SECNK M2, OMW REGWMONS .. ......... RUM% H LOWER CAMPUS Nuts BWWbo WbaW kr Wm=c3Von Wrpom m* NORTH 100 0 100 200 --J--L--j SCALE: 14-200' 20 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VI. HOAG HOSPITAL SIGN PROGRAM A. Purpose and Intent The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on- building wall and ground- mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on- building, may be illuminated or non - illuminated, depending upon, need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. 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 l 10 -L. For purposes of this section, a building shall be defined as any occupied structure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for way finding purposes. Individual building numbers uniquely define the buildings on the Hoag campus. C. Number of Signs Allowed One (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 FINAL_H0a &_PC_041808DOC 21 Hoag Memorial Hospital Presbyterian Punned Community Deveiopment Criteria and District Regulations boundary perimeter wall, subject to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Primary entrance identification shall be allowed at the main entrance to the facility and at the main entrance to the Emergency Department. If freestanding, this sign type shall not exceed a maximum height of eight (8) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed seventy (70) square feet. 3. Secondary building and entrance identification signs shall be allowed. If freestanding, this sign type shall not exceed a maximum height of nine (9) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid- point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed fifty (50) square feet whether freestanding or wall - mounted. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced, double- faced, or triple -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum height of eleven (11) feet average height above finished grade. 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy -five (175) square feet for donor recognition signage. 6. Hospital identification signs shall be allowed upon hospital towers, one (1) at each elevation. The maximum sign area shall not exceed two hundred seventy - five (275) square feet. Any hospital identification signage on the elevation facing west (Villa Balboa property line) may not be illuminated. 7. On the Lower Campus, two (2) building - mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa Balboa property. Such signs shall adhere to the requirements above for secondary building and entrance identification signage and shall be no higher than the roof line of the building upon which they are mounted. 8. Each public parking structure shall be allowed one (1) identification sign above each entrance and exit of the structure. The maximum sign area of each identification sign shall not exceed thirty (30) square feet. Adjacent regulatory parking signage does not count toward the maximum sign area. FINAL Hoag PC_041808.D0C 22 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VII. HOAG HOSPITAL PARKING REGULATIONS A. General Off - street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements have been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Off - Street Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon the area allocated to the use categories. Use Cateeory Outpatient Services Support Administrative Residential Care Medical Offices TABLE 2 PARKING REQUIREMENTS Parking Requirements 2.31 spaces/ 1,000 square feet (I) 0.0 spaces /1,000 square feet (1)(2) 5.3 spaces /1,000 square feet (1) 1.0 spaces /1,000 square feet (3) 4.0 spaces /1,000 square feet (3) Inpatient 2.35 spaces/ 1,000 square feet(I) (1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001 for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542. (2) Support Services generates parking demand that is accounted for in one of the other categories. (3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991. . FINAL _Hoag— 041808.DOC 23 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dshict Regulations VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures. Trees shall not be used, however planter boxes, green roof treatments or trellis systems shall be designed to provide added visual relief of parking structures. All rooftop or top of parking structure landscaping proposals shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than twenty -four (24). inch box size. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 7. Emphasis shall be placed on the use of native, drought - tolerant, non - invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over - watering. 8. Installation and maintenance of landscape, screening and irrigation systems per Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on landscape and irrigation plans to be reviewed and approved by the Planning Department and which shall be in substantial compliance with the Exhibits #6, #7 and #8. Hoag shall complete all of the improvements within the timelines set forth in Exhibit #6. FINAL _Hoag—PC _041808.DOC 24 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations B. Maintenance All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly 3. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program. 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. 7. Plantings and irrigation are to be maintained in accordance with the approved plans. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right -of -way /property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Installed trees are to be no smaller than twenty -four (24) inch box. D. Villa Balboa Landscape Zone The area between the Hoag property line and the sound wall will be referred to as the Villa Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific landscape process to ensure consultation with Villa Balboa on the planting and maintenance of the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent feasible or replaced with specimen plant material as designated on a plan to be approved by the Planning Director after consultation with the Villa Balboa Community Association. The plan shall also include sufficient additional landscaping to screen or soften the soundwall required FINAL 110a_PC_041808DOC 25 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program may be developed for parking structures and shall be subject to the review and the approval of the Newport Beach Planning Department. FINAL_Hoag_PC_041808.DOC 26 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IX. SITE PLAN REVIEW A. Purpose The City Council finds that development on the Lower Campus of Hoag Hospital may have the potential to affect the aesthetics of the community. The effect of this section is to establish a Site Plan Review requirement for certain individual projects to insure that these projects conform with the goals and policies of the General Plan, the provisions of this Planned Community Development Plan, the Development Agreement and the standards set forth below in sub - section F. The following classifications of projects are subject to the Site Plan Review: Planning Commission review: Any project that differs from setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. Planning Director's review: 1. Any project that could have the potential to generate emissions that could have an impact to visual resources. Any project that could have the potential to generate emissions creating objectionable odors or other impacts to air quality. 3. Replacement of existing cooling towers, except for casualty. B. Findings The City finds, determines and declares that the establishment of Site Plan Review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new structure or the addition to an existing structure which does not conform to the provisions of Section V.D.2. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped areas, FINAL_Hoag_PC_041808.DOC 27 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off -street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. 2. A landscape plan, drawn to scale, showing the locations of existing trees (proposed to be removed and proposed to be retained); and indicating the amount, type, and location of any landscaped areas, planting beds and plant materials with adequate provisions for automatic irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. Fee The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. Standards In addition to the general purposes set forth in sub - section A, in order to carry out the purposes of this chapter as established by said section, the Site Plan Review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: FINAL_HOag_PC 041808.DOC 28 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. '5. Potential impacts shall be mitigated to less than significant levels. G. Public Hearing - Reauired Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty -one (21) days following the Commission action thereon unless, within the twenty-one (2l) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty-one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, FINAL _Hoag_PC 041808.DOC 29 Hoag Memorial HosplAd Presbyterian Planned Community Development Criteria and District Regulations unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. I. Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty -one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. J. Action by the City Council An appeal shall be heard and acted on by the City Council within sixty (60) days of fling a letter of appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Expiration and Revocation of Site Plan Review Approvals 1. Exniration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty -four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with. 3. Hearing. The Planning Commission shall hold a he4ring on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. FINAL_Hoa9_PC_041808.DOC 30 1R' nFI�Sa1Rrtlx�l�I 'jlilli „yiiii'iill'�illliii >�I OftAaa, . sd sa Exhibit #6 31 Government/Agency ! Anticipated Location Area Description Landscape Element I Schedule Status Outcome f Effect AtlnS a0 ties vm green screen bees ell new e Nov 1110]1 nshlba Prop. cwnpbretl :screens. an Vreus^I —.1 Addearna llax planeng ;rryation end or CO Gen Building Area1 -Cc Send _ per Varear ly regrcesr _ From FCH jAaa 3, qP box evergreen screen bees and new To wmmenw o ay 3WB. Atleea screening M Co an imgNron IOaBIMmpkti July CwcW Comm Approved l/o8 Flaze Arece 2 -CV Den Additional has samlry per community request To mmmence May tCBS Matllin green a. en notice raUNWeb specific viawa e! JUri Coaxial COmm.ApproVea iAB a r a. building elevatkn CcrDnhotten Ca Gan BUilaing screen Agile. 2mr.lcmmplernn 3008. Ares YCO Den or htlke per wmnuniry requard jTO Commas® May 2008. SrneNwMn apeci1. Miss of 0 Plant fi—s, vines to carer green auaen hnselll completion July COasfal Comm. Apprwea.8 Co Gen BUilaing E 20M VAdditional shrWZ. grouneeover and new 'added NSUm qualM and cleanup add adradin system add. Upon wmplarion Were, Ni saftenee Palen ampktM erosion mneA Artla -baps dshru areawnnaeaeasnrue ;pruned - - -- p` B�hIM T.M. n &n puman,unamver pbntlng - -- cal Nw 200]Insblled Pmpd wmpkred Added campus weal quaky I 24 tran. shrubs antl gran —r planting. ono Teaa mnb and wa a awingibigation system .ring and erosion mnh^I - Aroma -CO ties Slaps V ... deuver planes, Inelelytl as panorlmver Gempus Well PraMN , rud Traes �Nw Bcnning views N WeaBse at Wee base at Wear and shrub B, $q "boY evttgreen careen irxz 2001lnNllea Pmjecz COmplNea woaollen retaining word panel, Dsit planting Installed as pador yawn Campus Was Protect 12, 35' box flowering area and 4 ten prim Nd pp]InzRlletl views a open praying ter !Soften Project campklea Am" parFirg Tree runWl9 Uea. are iregNlon system or and 6lNtls :areas _ rab Mn. A^at^k ^tla Installed as part W yawn Campus Wall Pmjaq em:auasnaaeBelong area enhancement b paNng area $.anavew. arapen pareang IN e” ]e' -WeN Install Dr. 38' box lowering free, and 3 A, IMalkd no later Man DC Immolation shall wmmenu m later s Mmnease shade and =IA:"W arWe Tree plarNng palm heed 2009 Man fi0 tlaya cIGOP issuanre by vnual enhancement to palling Me Coastal Comm as Cabrrul edge definition and Azxa -Trip Or Floxenng WU amNIee y MmcougainMlea rumba imusledueR Or P Nw 2W]Inshled PrgeR mmpkroa meaning of vimn along cupM AW R=iing Will shrub planeng 1nwr Campus. Well Proper relamingwdll T as U Aided 4- MIa9sSlope Regradearea aaa Shrubs grountlwver, penes'rid new ffir nliWalleanolakrMan Dec Insbllel on shall commend no labr Enhanced overall campus bevel ay a : 'xxal ire wa: ., froundoeend geonneotwe planeng scum 2dw the Cured Co. of COPiswanreby Ma cbaarol c cal army ryes n sru .eo unhol !Added Visual Desire, Parking so 2 10 -New LIIW Atlmhxe ahrvhe'tlree M1uh. antl grounacwer antlnm ra e snening and bUigNg Can FeiIW A gruntlmvar pi,m,g.irmao a aUm p 20 0]Insdlletl PeN wmpletM tlrea mpandentryor- aea Azv€tY.boNWr Repare beesshmb Weis snme4grounaawers aria new irrigation lna191atmn saneam. pee. Period, ImWOia A unit' campus G9r11pq ;ieNMY ptb rid groundewer antl amerce Vasom areas system NAB Creful Conrad An MI all COazdl Comm Apptwal parang character Audi PCH frontage Mar unll4ea- naull,d Ad p _ Immolator, emed iswmce Dian CO bPjpt(Aao hycle E App `d-n ityo evpart Beach U _ appliwes, idell be submitted tar ..: 12i i*.__ den addidonal Veen small 1—H epprm 8]Olinear het or green screen Installed no prier man pee az it mpraveben6 W the Coastal - Screen News of weed parking ad heehmNb Planned along PCH immige 20W Comm. lM ham PCH ,.� Construction asald Mp.-.a shall be unnPlekd de later than 18 m r rMnMS aflx CpP naUanca by Yna O t Coastal Comm. x 1ggbay0 EmsgNdusi cal and Pvrk4p Ld Nbise of temporary nadie AW;71.Mwila Mover anagrass Hyamseetl HyarouM and brigation 'Xydrosaed o^hancM NeuN quafrry Hl Behind AlP nydmseed plar2ng urYil permanent parking IN call Installee Dec 2001 and irrigated mmpktea penning lNUra parking orev gild'. gpYntlmver Phntlng landscape imprwemen68aaea. installation Color Code mdlceting Current Project Status Ores ne.immmed VMMN haw bed mm'asdia preNws approvals yelw'r IM Van a nAalka that nc[epml of rtied BVIII, mprw rga design phase y %lo any or h aubmMed our any or eganry approvals Be Aqua NnakNes Improvements proMSed bat not :Op e." Be mstNlma nmrred rnvoe preferred Beams for city cwrmil Meeting Exhibit #6 31 H 0 Exhibit #7 . ..... ........ DIVERGE OFFICE 32 Moddiaro ices r— Background Retaining Wall 8, Tall Hedge Screen Along Top of EAsting Slope PARTIAL ELEVATION - PCH LANDSCAPE SCREEN Child Caro Center Envy Ddve Hoag Memorial Hospital Presbyterian W"". aa,➢�rau[aCp. Exhibit#$ 99 Exhibit #2 ORDINANCE NO. 2008 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT AGREEMENT AMENDMENT NO. 2007 -001) WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update that would apply to 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach (`Property "); and WHEREAS, In 1994, the City and Hoag Memorial Hoapital Presbyterian entered into a Development Agreement that provides for the orderly use and development of the Property while providing public benefits; and WHEREAS, Newport Beach Municipal Code Section 15.45.040 requires that development agreements include the term, permitted uses, density and intensity of development, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes; and WHEREAS, as part of its application, Hoag Memorial Hospital Presbyterian requests approval of an amendment to the Development Agreement to allow modifications to the use and future development on the Property; and WHEREAS, the amended Development Agreement was prepared and is attached as Exhibit "A." WHEREAS, during the term of the amended Development Agreement, Hoag Memorial Hospital Presbyterian shall have a vested right to develop the Property subject to the terms and conditions of the amended Development Agreement, the provisions of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations and the California Environmental Quality Act (CEQA); and WHEREAS, Hoag Memorial Hoapital Presbyterian has agreed to provide public benefits as consideration for the amendment of the Development Agreement, including the payment of three million dollars ($3,000,000) for City public facility improvements, designation of the City as the point of sale for hospital purchases; and WHEREAS, the Planning Commission held a public hearing on January 31, 2008, February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full administrative record. A notice of time, place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007 -001 (PA 2007 -073); and WHEREAS, pursuant to Section 15.45 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on April 16, 2008, to consider the recommendation of the Planning Commission; and WHEREAS, the City Council has reviewed and considered the information in the amended Development Agreement and in the full administrative record, and found that: 1. The Development Agreement Amendment is entered into pursuant to, and constitutes a present exercise of, the City's police power. 2. The Development Agreement Amendment is in the best interests of the health, safety, and general welfare of the City, its residents, and the public. 3. The Development Agreement Amended is compatible with the objectives, policies, general land uses, and programs specified in the General Plan and does not create any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is therefore consistent with the General Plan. More specifically, the General Plan Policy LU 6.1 calls for, "A diversity of governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3 -63 and 3 -64 (July 25, 2006). The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa. 4. The Development Agreement Amendment is consistent with Newport Beach Municipal Code section 15.45.040 and includes all the contents required for development agreements by the City of Newport Beach. 5. The Development Agreement Amendment is consistent with provisions of state law (California Government Code Sections 65864 - 65869.5) and local law (Municipal Code chapter 15.45) that authorize binding agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they may proceed with projects consistent with existing policies, rules, and regulations. More specifically, the Development Agreement Amendment is consistent and has been approved in accordance with provisions of California Government Code Section 65867 and Municipal Code Chapter 15.45. 6. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 7. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008 by adopting certain CEQA Findings of Facts and a Statement of Overriding Considerations contained within Resolution No. 2008 -27, which are hereby incorporated by reference. 8. The Development Agreement Amendment provides significant public benefits to the City of Newport Beach. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The amendment of the existing Development Agreement between Hoag Memorial Hospital Presbyterian and the City of Newport Beach (Development Agreement Amendment No. 2007 -001) is approved. SECTION 2. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment to Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and /or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and /or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and /or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3: The Development Agreement Amendment shall not go into effect until the City Council approves or adopts all of the following: (1) General Plan Amendment No. 2007 -005; and (2) Planned Community Development Plan Amendment No. 2007 -003. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , 2008, and adopted on the day of , 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK RECORDING REQUEST BY, AND WHEN RECORDED MAIL TO: City Clerk City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 EXEMPT FROM FILING FEES CAL. GOVT CODE 6 693 (Space above this line for Recorder's use) AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 HOAG MEMORIAL HOSPITAL PRESBYTERIAN AND THE CITY OF NEWPORT BEACH (Pursuant to California Government Code Sections 65864- 65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved April 22, 2008 Ordinance No. 2008 -10 G l FINAL._Amendmemto Restated DevelopmentAgreementNo 5.1X)C EMIIi►1I] �I�I�YWCUN�6�IN11Y�11717 ►` /Ali[17"k DicklIX"9DIAMDieldelm7 (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's by and between the City of Newport Beach (hereinafter "City ") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag "). RECITALS 1. The "RECITALS" to the Restated Development Agreement are amended to add new Sections 1.9 through Section 1.19(f) to read as follows: 1.9 Hoag Pronerty. Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit `B" (the "Property "). 1.10 Hoag Healthcare Services. Hoag is a modern, state -of- the -art acute care, not - for -profit hospital providing a comprehensive mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institute, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical programs in many other specialties. 1.11 Hoag Community Benefit Programs. In addition to providing state -of -the -art hospital, diagnostic imaging and emergency room care medical services, Hoag is involved in many other community benefit programs such as police and SWAT team, fire department and paramedic support services, designating the City as the point of sale for major hospital equipment purchases and construction projects, providing financial and transportation support for the City's senior Oasis Center, and providing methane gas flare burnoff to mitigate methane gas fumes along Pacific Coast Highway. Hoag's community medicine program allocates approximately $10 million annually toward improving the community's overall health, primarily through disease prevention and wellness and health promotion, especially for those vulnerable and disadvantaged populations. 1.12 EIR No. 142 and P.C. Text. On May 26, 1992, the City Council of City ( "City Council ") certified the Hoag Hospital FINAL_Amend=ntto Restated DevelopmentAgreement No 5.DOC Master Plan Final EIR No. 142 and adopted the Hoag Memorial Hospital Presbyterian Master Plan ( "Hoag Master Plan") and the Planned Community Development Criteria and District Regulations ( "P.C. Text ") setting forth the development standards and terms and conditions by which the Property may be developed, including the maximum permissible building area, building height limits and permitted land uses. 1.13 Square Footage of Buildable Area. Under the existing Hoag Master Plan and P.C. Text, the Property allows a total of 1,343,238 square feet of buildable area with 577,889 square feet allocated to the Lower Campus and 765,349 square feet allocated to the Upper Campus. 1.14 Development Agreement No. 5. On May 26,1992, the City Council adopted Ordinance No. 92 -4 approving Development Agreement No. 5 between the City and Hoag incorporating the Hoag Master Plan and P.C. Text and granting vested rights to Hoag to develop the Property pursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on August 4, 1993 as Instrument No. 63- 0522236. 1.15 Restated Development Agreement. On February 14, 1994, the City Council of City adopted Ordinance No. 94 -8 approving an Amendment and Restatement of Development Agreement No. 5 ( "Restated Development Agreement') incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Restated Development Agreement was recorded in the Official Records of Orange County, California on March 23, 1994 as Instrument No. 94- 0207276. 1.16 First Amendment to P.C. Text. On August 13, 2002, the City Council adopted Ordinance No. 2002 -17 approving the First Amendment to the P.C. Text to provide that certain non- occupied building areas are not counted towards the maximum permissible building floor areas for development of the Property. 1.17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's Noise Element in the General Plan and Noise Ordinance. It is proposed that noise generated and originating from the Property be governed by the City Noise Ordinance with certain exceptions. FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC 2 1.18 Noise Attenuation. Hoag has taken significant actions to attenuate noise generated from mechanical equipment and has installed landscape screening and walls to mitigate and buffer noise and improve aesthetic impacts for adjacent residential properties. 1.19 Restated Development Agreement Amendments The City and Hoag propose to further amend the Restated Development Agreement by this Amendment to incorporate references to: a Supplemental EIR; an amendment to the City General Plan; an increase in the Public Benefits; designation of the City as the point of sale to the extent allowed under applicable law; and amendments to the Hoag Hospital Planned Community Text ( "P.C. Text' ) to, among other things: (a) eliminate the reference to 1.0 Floor Area Ratio ( "FAR") for the Upper Campus and the .65 FAR for the Lower Campus in the General Plan Land Use Element. In place of the reference to the FAR's, an absolute maximum allowable building area of 1,343,238 square feet will remain available for development of the entire Property comprised of the Upper Campus and the Lower Campus; (b) maintain a cap under the General Plan Land Use Element Amendment for development of the Lower Campus at 577,889 square feet (if no square footage is reallocated) and establish a cap on development of the Upper Campus at 990,349 square feet (if all 225,000 square feet are reallocated from the Lower Campus to the Upper Campus); (c) allow the transfer of up to 225,000 square feet of buildable area from the Lower Campus to the Upper Campus, which, if all 225,000 square feet are reallocated, would result in a maximum allowed density of 990,349 square feet for the Upper Campus and a reduction to permit 352,889 square feet of allowable development for the Lower Campus; (d) to modify the noise standards applicable to the Property; (e) delete a provision that required the City and Hoag to conduct a study of possible future improvements in and around the easterly end of the Semeniuk Slough, including a requirement that Hoag FINAI._Amendmentto Restated DevelopmentAg nentNo 5.DOC fund the study and potential future improvements in an amount not to exceed $200,000; and (fl . incorporate the Second Amendment to the P.C. Text. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 1.5 of the Restated Development Agreement entitled Planning Commission/City Council Hearings is amended to read as follows: "1.5 Planning Commission/City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5, 1991, January 9, 1992, January 23, 1992, February 6, 1992 and February 20, 1992. The City Council conducted public hearings on the Master Plan, this Agreementand 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 January 31, 2008, February 7, 2008, March 6, 2008 and March 20, 2008. The City Council conducted a public hearing on this Amendment, the Supplemental EIR, the General Plan Amendment and the Second Amendment to the P.C. Text on April 22, 2008" 2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "1.8 Citv Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 94 -8 approving a Restated Development Agreement No. 5 incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Adopting Ordinance became effective on March 16, 1994. On April 22, 2008, the City Council adopted Ordinance No. 2008 -10 approving this Amendment and authorizing the City to enter into this Amendment. The adopting ordinance will become effective on May 22, 2008." FINAL—Amendment to Restated DevelopmentAgreementNo 5DOC 3. Section2.1 of the Restated Development Agreement entitled The Adopting Ordinance is amended to read as follows: "2.1 The "Adovtiu Ordinance" refers to City Ordinance No. 94 -8, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. "Adopting Ordinance" further refers to Ordinance No. 2008 -10 adopted on April 22, 2008 by the City Council, which approved and authorized the City to enter into this Amendment." 4. Section 2.2 of the Restated Development Agreement entitledAgreement is amended to read as follows: "2.2 " Agreement" refers to the "Restated Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian," and this Amendment." 5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to read as follows: "2.13 The `EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach, and Supplemental Environmental Impact Report No. 142." 6. Section 2.23 of the Restated Development Agreement entitled Master Plan is amended to read as follows: "2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C "), as amended." Section 3 of the Restated Development Agreement entitled Conditions to Development is amended to add a new paragraph after Subsection (f) to read as follows: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." 8. Section 3.3 of the Restated Development Agreement entitled Program EIR is amended to read as follows: "3.3 Program EIR Hoag acknowledges that the EIR is a "Program EIR" and includes Supplemental Environmental Impact Report No. 142. The EIR analyzes the impacts of construction phased over time and, pursuant to CEQA, City is under a continuing obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the request were FINAL—Amendment to Restated Developmentft=mentNo 5.DOC fully addressed in the EIR. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIR, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIR. Hoag acknowledges the right and obligation of the City and the Coastal Commission or iWsuccessor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA." 9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is amended to read as follows: "4.1 Right to Develop. Subject to compliance with the provisions of Sections 3 and 8.2, Hoag shall have a vested right to develop and receive Project Specific Approvals for construction on the Property to the full extent permitted by the Master Plan, as amended. Subject to the provisions of Sections 3 and 8, City shall only take action which complies with and is consistent with the Master Plan, as amended, the Restated Development Agreement and this Amendment unless Hoag otherwise consents in writing. Subject to this Subsection, City shall have the authority to impose only those Exactions which are specifically described in this Agreement, except as expressly required (as opposed to permitted) by state or federal law." 10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is amended to read as follows: "5.2 Public Hearing. The Annual Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code. Annual reviews should be scheduled in April of each year." 11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is amended to read as follows: "5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or building on, the Property as of the date of the Annual Review. Hoag FINAL—Amendment to Restated DevelopmettAgreementNo 5DOC 6 shall pay the City administrative costs incurred in conducting Annual Reviews." 12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to delete Subsection (c), which reads as follows: "(c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trials and the potential for those trails to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. As a part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that may be permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." 13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as follows: "(d) City and Hoag acknowledge and agree that the Restated Development Agreement and this Amendment confer private benefits on Hoag that should be balanced by commensurate public benefits in favor of the City. Accordingly, the City and Hoag intend to provide consideration to balance the private and public benefits by the imposition of a Development Agreement Fee, which fee shall be used to reimburse the City for public improvements in the area and to fund certain additional needed public improvements identified by the City. Hoag shall pay to the City a Development Agreement Fee of Three Million Dollars ($3,000,000). Payment of one -half of the Development Agreement Fee of $1.5 million shall be made upon the Effective Date of this Amendment. Payment of the remaining one -half of the Development Agreement Fee of $1.5 million shall be paid to City 12 months from the Effective Date of 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 FINAI._Amendmentto Restated DevelopmentAgreementNo 5.DOC 7 provided in Exhibit "C" attached to this Amendment, whichever occurs earlier. The first $1.5 million of the Development Agreement Fee shall be used to reimburse the City and/or pay for the costs associated with the following projects: (i) construction of the Superior Avenue medians extending from Ticonderoga Street to Dana Road; (ii) construction of the right -turn pocket for southbound Newport Boulevard to westbound Hospital Road; and (iii) funding of the operational improvements and traffic signal upgrade at the Hospital Road and Placentia intersection ( "Priority Public Improvements "). Construction of the first two Priority Public Improvements listed above occurred during 2007, and the third is anticipated to occur in 2008. The City shall be obligated to pay the actual cost difference, if any, for construction of these Priority Public Improvements. However, if there are any funds remaining after construction of the Priority Public Improvements is completed, the City may retain the funds to be used for other City projects or services that benefit the public. The City shall also have the sole authority to decide the design, cost and scope of the Priority Public Improvements and the sufficiency of City's performance on the Public Improvement Projects shall not be subject to Hoag's approval. The balance of the Development Agreement Fee ($1.5 million) and any funds remaining after the construction of the Priority Public Improvements shall be used by the City in the City's sole discretion to offset costs associated with other City and community projects or services that benefit the public such as, among other things, public parks (for example, Sunset View Consolidated Park), landscaping improvements adjacent to public right of ways, sound abatement programs, public buildings, public road improvements, water quality improvements, law enforcement, fire fighting, emergency preparedness and other public safety facilities." 14. A new section, Section 8.3, shall be added to the Restated Development Agreement entitled Sales /Use Tax Origin, to read as follows: "8.3 Sales/ Use Tax Origin (a) Hoag will include in its general contractor construction contract a provision that Hoag's general contractor and subcontractors, to the extent allowed by applicable law, will obtain a Board of Equalization sales/use tax subpermit for the jobsite at the Project Property and allocate all eligible sales and use tax payments for individual contracts over $5 million to the City. Hoag will provide Hoag's general FINAL_Amendmentto Restated DevelopmentAgreementNo S.DOC contractor and subcontractors with the name and contact information of the City's Revenue Manager and notice of the Revenue Manager's availability to meet and confer with them on the implementation of the Board of Equalization sales /use tax subpermit procedures. Hoag will further include a notice in its general contractor construction contract that prior to beginning a qualified construction project, the general contractor and subcontractors are encouraged to meet with the City's Revenue Manager to review the process to be followed with respect to sales and use taxes. Hoag will further include a provision in its general contractor construction contract that the general contractor or subcontractors will certify in writing that the person(s) responsible for filing the tax return understands the process of reporting the tax to the City and will follow the guidelines set forth in the relevant sections of the Sales and Use Tax Regulations. Hoag shall not be responsible for failure of Hoag's general contractor or subcontractors to follow the procedures set forth in this Section. Hoag, if readily available, shall provide to the City or any City designated representative the names, addresses, phone numbers and contact name of the general contractor and all subcontractors. (b) Hoag will continue to follow the Direct Payment Permit Process established in the Revenue and Taxation Code and use the permit for all qualifying individual purchases in excess of $100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale. (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hoag and shipped to Hoag's Newport Beach location may also be eligible for direct allocation of sales /use tax to the City. Upon request of the City, Hoag will provide City on a semi - annual basis with a list of purchases exceeding the $100,000 threshold during the preceding six -month period, including the amount of the purchase and, if readily available, the name and contact information for the vendor upon request by the City. The City agrees to review the semi -i mival list of purchases made by Hoag and advise Hoag of any FINAL_Amendmmtto Restated DevelopmentAgt entNo 5.DOC 9 missed opportunities for direct allocation. Hoag agrees to file its Direct Payment Permit with vendors identified by the City in an effort to improve the direct allocation of the local share of sales/use tax payments in future periods." 15. A new section, Section 8.4, shall be added to the Restated Development Agreement entitled Sunset View Park Improvements, to read as follows: "8.4 Hoag shall reimburse the City up to $ 150,000 for the installation of groundcover, shrubs and irrigation systems within the unimproved portion of Sunset View Park and Superior Avenue, approximately 20,500 square feet in area, located northerly of the cogeneration building. Reimbursement to the City shall be within 30 days of. Hoag receiving an invoice from the City." 16. A new section, Section 8.5, shall be added to the Restated Development Agreement entitled Cogeneration Plant Energy Curtailment, to read as follows: "8.5 Hoag shall install a weather station capable of identifying ambient conditions necessary in documenting cogeneration plant and cooling tower operations. The weather station shall be tied into the cogeneration plant controls in order to maximize automatic responses to prevailing weather conditions, assisting in managing the operational changes and load shifting, as well as to provide periodic reports on plant operations. Hoag shall not construct or erect additional cooling towers within the Hoag Lower Campus. Hoag shall reduce the effective heat rejection by 33% at the existing cooling towers and such reduction shall be measured from a baseline (to be measured at the cooling towers) of operating three existing generators and absorption chillers at 100% of design capacity. This reduced capacity operation shall be implemented daily between November lst and April 30 , between the hours of 7:00 AM and 7:00 PM when the relative humidity is equal to or above 60% and when ambient temperatures are equal to or less than 55 degrees Fahrenheit. FINAL—Amendment to Restated DevelopmentAgreementNo 5.DOC 10 17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby amended to delete: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8th Floor P.O. Box 19613 Irvine, CA 92713 - 9613" and to add: "with a copy to: Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 with a copy to: Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614- 7321" 18. A new Section 11.17 shall be added to the Restated Development Agreement as follows: "11.17 Indemnification/Hold Harmless. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment, including, but not limited to, the approval of the Planned Community Text and/or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Hoag shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition." FINAL—Amendment to Restated DevelopmentAgreementNo 5.WC I I 19. Exhibit C of the Restated Development Agreement shall incorporate the First Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C entitled: "HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission March 20, 2008 Adopted by the City Council City of Newport Beach Ordinance No.2008 -10 April 22, 2008" 20. Except as provided for in this Amendment and not otherwise superseded by this Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms, conditions, provisions and exhibits of the Restated Development Agreement continue to have full force and effect as provided therein and this Amendment shall constitute an integral part of the Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and are incorporated into this Amendment in full by this reference. 21. In the event there is any conflict between any provision of the Restated Development Agreement and this Amendment, the later approved and recorded document shall prevail in interpretation, operation and implementation. 22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the effective date, of adoption of the Ordinance approving this Amendment. [Signature page follows] FINAL_Ammdmmtto RestatedDevelopmentAgreementNo 5.DOC 12 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Development Agreement No. 5 to be binding as of the Effective Date. ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney 1011 `i THE CITY OF NEWPORT BEACH, a municipal corporation of the State of California Un Edward D. Selich, Mayor OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation In Richard F. Afable, M.D. President and CEO (All Signatures to be Notarized) FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC _ 13 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is/are) subscribed to the within instrument, and acknowledged to me that (he /she/they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL], STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she/they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC 14 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in (his/her /their) authorized capacit(-y/-ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] FINAL_Amendmentto Restated DevelopmentAgreementNo 5DOC 15 EXHIBIT A LEGAL DESCRIPTION The subject property is the following real property in the City ofNewport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 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. FINAL_Amendmentto Restated DevelopmentAgreement No 5.DOC A -1 m ':ta`.=liiriA Lower Campus PASRCEL 2 �., . k° aOW AW Upper Campus 1 41 t Y �i! \ Y A� 1 Y\ PARCEL t W 1 'S �"'•��.s�wwa+ Y \ e\ t to m Y• YAM +F 1 RISM Nv i � IINCM pi! j$W. jW µti .6 7N f.+ y CC HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted by the City Council City of Newport Beach Amendment No. 744 Ordinance No. 92 -3 May 26,1992 Amendment No. 2002 -001 Ordinance No. 2002 -17 August 27, 2002 Planned Community Development Plan Amendment No. 2007 -0001 Ordinance No. 2008 -9 April 22, 2008 FINAL_Hoag—PC_041808.DOC C, Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations TABLE OF CONTENTS I. INTRODUCTION .................................. ............................... II. GENERAL NOTES ................................ ............................... III. DEFINITIONS ........................................ ............................... IV. DEVELOPMENT PLAN ........................ ............................... V. DISTRICT REGULATIONS .................. ............................... VI. HOAG HOSPITAL SIGN PROGRAM .. ............................... VII. HOAG HOSPITAL PARKING REGULATIONS ................ VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS .......... IX. SITE PLAN REVIEW ............................ ............................... FINAL_Hoag PC_041808.DOC Page Number ......................1 ......................2 ......................3 ......................5 ....................10 ....................21 ....................23 ..............24 ...........27 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations LIST OF EXHIBITS Page Number 1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7 2. VEHICULAR ACCESS 8 3. DEVELOPMENT CRITERIA 14 4. PROPOSED SOUND WALL LOCATION PLAN 19 5. LOADING DOCK AREA LOCATION 20 6. LANDSCAPE MATRIX 31 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 32 8. COAST HIGHWAY LANDSCAPE SCREEN LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9 2. PARKING REQUIREMENTS ........................................................ .........:...................23 FINAL _Hoag—PC _041808.DOC 33 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital - related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the Lower Campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. FINAL HO 9_PC_041808.DOC Hoag Memorial Hospital Presbyterian Planned.Communtly Development Criteria and District Regulations H. GENERAL NOTES Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K -4 and K -5 regarding paleontological and archaeological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements or the requirements of the California Office of Statewide Health Planning and Development as applicable. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department 7. Excluding communications devices on the Upper Campus, new mechanical appurtenances on building rooftops and utility vaults on the Upper and Lower.Campuses shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be designed utilizing compatible architectural materials on the Lower Campus. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall commence within thirty (30) days of the completion of grading. FINAL _Hoag_PC_041808.DOC 2 Hoag Memorial Hospital Presbyterian Planned Cormnundy Developnwnt Criteria and District Regulations M. DEFINITIONS Buildina 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 Heiaht: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine 'occupancy;and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and all elements thereof. Grade: For the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or FINAL_HOagLPC_041808.DOC 3 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) 2. Natural - the elevation of the ground surface in its natural state before man -made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require twenty -four (24) hour or more stays. Landscape Area: The landscape area shall include on -site walks, plazas, water, rooftop landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: Hospital patient services which do not exceed twenty -four (24) hours. Residential Care: Medically- oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: For the purpose of determining development area: 1. Gross -parcel area prior to dedications. 2. Net - parcel area after dedications. Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. FINAL_Hoa9_PC_041808.DOC 4 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 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 Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603 square feet of land encumbered by a roadway easement The Lower Campus adjoins the Upper Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards inpatient functions, while the Lower Campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown on the Development Plan for the Upper Campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital - related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. The maximum allowable building area for Hoag Hospital, which encompasses both the Lower Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a maximum allowable building area limit: the maximum allowable building area for the Upper Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is 577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Proiect Specific Approvals Hoag has acknowledged that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR." The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a Supplemental EIR for the Master Plan Update (SCH #1991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing FINAL _Hoag—PC _041808.DOC 5 Hoag Memorial Hospital Presbyterian Planned Cotmnumty Development Criteria and Distrtet Regulations obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIRs, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIRs. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. FINAL _Hoag—PC _041808.DOC UPPER CAMPUS LoAmoommAds"ov 4u: Note Buildlop lab" for klentification purpm only PLANNED COMMUNITY SITE AND B t. HOSPIT, ALROAo NORTH 100 0 100 200 SCALE: V-200' 7= 0 Upol 903 M i= PRIMARY ACCESS (SIGNAUCED) Namxrawuns sfmxw SECONDARY ACCESS PRIMARYROADWAYS LOAMG O= tU ANCMM SECONDARY DRIVEWAYAND SERVICE PPA PMLR filota: Buildings labeled fbr Identlilcation purposes only SCALE-1 "-200' VEHICULAR ACCESS MlBrIz ME Hoag Memorl d Hospital Presbyterian Planned Community Development Criteria and District Regulations TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAXIMUMALLOWABLE. 1,343,238 SQUARE -FEET As of the date of adoption. : Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus Demolition of some existing structures on the Upper Campus will occur to ensure maximum square-feet will not exceed 1,343,238 square -feet F1NAL_H08g_PC_041808.000 Maximum Allowable Net Allowable Site Area Building Area Existin i Remaining U 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft. 990,349 sq. ft.2 w 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. ft. 577,889 sq. ft. O a rn� FQ 1,618,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. ft.3 O As of the date of adoption. : Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus Demolition of some existing structures on the Upper Campus will occur to ensure maximum square-feet will not exceed 1,343,238 square -feet F1NAL_H08g_PC_041808.000 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories are not an exhaustive list. Other hospital - related uses which fit into the five (5) permitted use categories are allowed. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review and approval of the Planning, Building, Public Works, and Fire Departments. A. Permitted Uses Lower Campus a. Hospital facilities, including, but not limited to: (1) Outpatient services: (a) Antepartum Testing (b) Cancer Center (c) Skilled Nursing (d) Rehabilitation (e) Surgery Center (t) Clinical Center (g) Day Hospital (h) Back and Neck Center (i) Biofeedback 0) Breast Imaging Center (k) Dialysis (1) EEG/EMG/NICE Laboratory (m) First Aid Center (n) Fertility Services (o) G.I. Laboratory (p) Magnetic Resonance Imaging (q) Neurology (r) Nuclear Medicine (s) Occupational Therapy (t) Pediatrics (u) Pharmacy (v) Physical Therapy (w) Pulmonary Services (x) Radiation Therapy (y) Respiratory Therapy (z) Sleep Disorder Center (aa) Speech Therapy (bb) Ultrasound (cc) Urgent Care FINAL Hoag PC_D41&NDOC 10 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services (3) Support Services: (a) Employee Child Care (b) Health Education (c) Power/Mechanical/Auxiliary Support and Storage (d) Food Services (e) Cashier (f) Chapel /Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop 0) Laboratory (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities4 (o) Engineering/Maintenance (p) Shipping/Receiving (c) Microwave, Satellite, and Other Communication Facilities (4) Residential Care: (a) Substance Abuse (b) Mental Health Services (c) Extended Care (d) . Hospice Care (e) Self or Minimal Care (f) Congregate Care (5) Medical/Support Offices 4 Parking structures or decks do not count toward square- footage FINAL_H0a9_PC_041808.D0C I I Hoag Menmrlal Hospital Presbyterian Planned Community Development Criteria and District Regulations b. Methane gas flare burner, collection wells and associated system components. C. Accessory uses normally incidental to hospital development d. Temporary structures and uses, including modular buildings. 2. Upper Campus a. Hospital facilities, including, but not limited to: (1) Inpatient uses including, but not limited to: (a) Critical Care (b) Emergency Depart,nent (c) Birthing Suites (d) Cardiology (e) Cardiac Care Unit (t) Intensive Care Unit (g) Mother/Baby Unit (h) Surgery (i) Laboratory 0) Pharmacy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit)5 b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. s Does not count toward square- footage KNAL_Hoag— K- 041808DOC 12 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations B. Prohibited Uses Lower Campus a. Emergency Room b. Heliport C. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy 2. Upper Campus a. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3, Development Criteria Plan, which establishes the following height zones: 1. Upper Campus Tower Zone - maximum building height not to exceed the existing tower which is two- hundred thirty -five (235) feet above mean sea level. 2. Upper Campus Mid -rise Zone - maximum building height not to exceed one - hundred forty (140) feet above mean sea level. 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. Lower Campus Zone, Sub -Areas D and exceed the height of the existing Hoag one -half (57.5) feet above mean sea level, E - maximum building height shall not Cancer Center which is fifty -seven and FINAL_Hoag—K- 041808.DOC 13 LEGEND HEIGHTZOS" UPPER CAMPUS ZONES TOWER ZONE- MAX111LOO BUILDING NEW 235' ABOVE MEAN SEA LEVEL fosplI MIDAISE ZONE- MAXIMIA11 ROWING HEIGHT AL 1401 ABOVE MEAN SEA LEVEIL PARKING ZONE- MAIM" BUILDING H8GHT 80' ABOVE WM SEA LEVEL EXCLUSIVE OF ELEVATOR TOWER LOWER CAMPUS ZONES LOWER C"FnA 2ME- SUS- AREAS A. 8, C, F, AND G. NO BUILDING SMALL EXCEED THE HERINT OF THE EXISTING SLAPS OR THE RANGE OF MANNIUM BUILDING HEIGNIS INDICATED Ell DOMAIN HETW $0 RAMS SUB -AREAS D AND E- MAXPAUNI ROWING HEIGHT a rmm ROM OF ovum 57.5 FEETASOVIE MEAN SEA LEVEL Know. a Pw WADES, REUSS SLOPE VJXVM "KIOAGiMOOoaL BAYYSU Fj LME 1111JELAIGE m LAINE TOCAG♦eum 280CAGINYLANE ar v y z pm CAROES 0 N09M 100 0 100 200 Note Buffiffings labeled for Iderittfication punmes, only SCALE. 10-200' DEVELOPMENT CRITERIA PLAN EXHIR HOAG MEMORIAL HOSPITAL PRESBYTERIAN W2 REVISED 01.22.08 14 Hoag Memorial Hospital Presbyterian Manned Community Development Criteria and District Regulations D. Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -foot minimum building setback. 2. The setback on West Coast Highway easterly of the hospital entry signal shall be fifteen (15) feet. In addition, vertical articulation shall be required for buildings easterly of the signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: 1 st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor, up to thirty-two (32) feet building frontage shall be articulated in 2nd floor setback of twenty (20) feet. in height: A minimum of 20 % of the such a manner as to result in an average 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of twenty -five (25) feet. The setback on West Coast Highway westerly of the hospital entry signal shall be forty-five (45) feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: 1 st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. FINAL_Hoag_PC_041808DOC 15 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of fifty -five (55) feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of sixty -five (65) feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than two - hundred fifty (250) linear feet in width. Additionally, 20% of the linear frontage within one - hundred fifty (150) feet of West Coast Highway shall be open and unoccupied by buildings. 10% of the linear length of Height Zones A and B as viewed from the existing bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. 3. There will be no building setbacks along the westerly boundary of the Lower Campus (adjacent to the municipal parking lot at Superior and West Coast Highway). 4. A twenty (20) foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty - five (25) foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Lighting The lighting systems shall be designed and maintained in such a manner as to shield the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be designed and screened to blend into the building roof using materials compatible with roofing materials. FINAL_ Hoag_PC_041808.DOC 16 Hoag Memorial Hospital Presbyterian Planned Conwwnity Development Criteria and District Regulations G. Signs All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII I Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times. Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to issuance of required permits. To the maximum degree feasible, the sound wall shall be constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to reduce the noise levels in the Loading Dock Area shall be incorporated into the design and operations of the hospital; such mitigation shall include relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor. FINAL_Hoag_PC_041808.DDC 17 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations M. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading Dock Area Location, for the location. 1. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7AM —IOPM IOPM -7AM Daytime Nighttime Leq (15 min) 65 dBA 55 dBA 2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt from applicable noise standards as listed above. Vehicle idling shall be prohibited on West Hoag Drive and within the loading dock areas, except that refrigerated vehicles may idle while at the loading docks when refrigeration is necessary. In addition, the grease pit cleaning which is exempt from the City Noise Ordinance as a maintenance activity shall occur on a Saturday between the hours of 11:00 AM and 3:00 PM. F W AL_Hoag—PC_041808.DOC 18 11 x yk O' yC LEGEND Edsdng Fencq,. Propertykhiie E,aserkint Un's—\, ------------- 7—'18.5' High Wall�- — — — 23' High Wall 11",High WWI, - ................ 14'MighWall ....... NOTE Sound Wall height measured from adjacent roadway surface. VL 53 A V, x S . .. . ...... 11 1e , - � , x MO. I SOUND WALL SECTION LOCATION PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN March 25,2008 Exhibft#4 19 0 40 50 A V, x . .. . ...... 2 Exhibft#4 19 0 40 50 iz, N Mr fe LOWER �it 1I _ 1. a oft, a. 9 NORTH 100 0 100 200 --J--L—j SCALE: 10-200' 20 I Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulalions VL. HOAG HOSPITAL SIGN PROGRAM A: Purpose and Intent The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on- building wall and ground- mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital B. General Sign Standards All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on- building, may be illuminated or non - illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110 -L. 5. For purposes of this section, a building shall be defined as any occupied structure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for way finding purposes. Individual building numbers uniquely define the buildings on the Hoag campus. C. Number of Signs Allowed 1. One (1) double -faced primary identification ground - mounted sign or two (2) single -faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a project FINAL_110ag—PC_041808DOC 21 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations boundary perimeter wall, subject to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Primary entrance identification shall be allowed at the main entrance to the facility and at the main entrance to the Emergency Department. If freestanding, this sign type shall not exceed a maximum height of eight (8) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed seventy (70) square feet. 3. Secondary building and entrance identification signs shall be allowed. If freestanding, this sign type shall not exceed a maximum height of nine (9) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid- point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed fifty (50) square feet whether freestanding or wall - mounted. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced, double- faced, or triple -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum height of eleven (11) feet average height above finished grade. 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy -five (175) square feet for donor recognition signage. 6. Hospital identification signs shall be allowed upon hospital towers, one (1) at each elevation. The maximum sign area shall not exceed two hundred seventy - five (275) square feet. Any hospital identification signage on the elevation facing west (Villa Balboa property line) may not be illuminated. 7. On the Lower Campus, two (2) building - mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa Balboa property. Such signs shall adhere to the requirements above for secondary building and entrance identification signage and shall be no higher than the roof line of the building upon which they are mounted. 8. Each public parking structure shall be allowed one (1) identification sign above each entrance and exit of the structure. The maximum sign area of each identification sign shall not exceed thirty (30) square feet. Adjacent regulatory parking signage does not count toward the maximum sign area. FINAL_ HOa9L_PC_041808.DOC 22 Hoag Memoriai Hospital Presbyterian Planned Colmmnity Development Criteria and District Regulations VII. HOAG HOSPITAL PARKING REGULATIONS A. General Off-street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking, areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. 3. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the, requirements have been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Off -Street Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon the area allocated to the use categories. Use Category Outpatient Services Support Administrative Residential Care Medical Offices TABLE 2 PARKING REQUIREMENTS Parking Requirements 2.31 spaces /1,000 square feet (1) 0.0 spaces/1,000 square feet (1)(2) 5.3 spaces /1,000 square feet (1) 1.0 spaces/1,000 square feet (3) 4.0 spaces /1,000 square feet (3) Inpatient 2.35 spaces/1,000 square feet (1) (1) Parking Factor based on parking analysis prepared by Linscon, Law & Greenspan dated October 15, 2001 For Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542. (2) Support Services generates parking demand that is accounted For in one of the other categories. (3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991. FINAL_H"9_FC 04laoa.DOC 23 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures. Trees shall not be used, however planter boxes, green roof treatments or trellis systems shall be designed to provide added visual relief of parking structures. All rooftop or top of parking structure landscaping proposals shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than twenty -four (24) inch box size. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 7. Emphasis shall be placed on the use of native, drought - tolerant, non- invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over - watering. 8. Installation and maintenance of landscape, screening and irrigation systems per Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on landscape and irrigation plans to be reviewed and approved by the Planning Department and which shall be in substantial compliance with the Exhibits 46, 47 and #8. Hoag shall complete all of the improvements within the timelines set forth in Exhibit 46. FINAL_Hoag_PC 041808.DOC 24 Hoag Memorial Hospital Presbyterian Planned Community Dewtopment Criteria and District Regulations B. Maintenance 1. All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly 3. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program. 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. Plantings and irrigation are to be maintained in accordance with the approved plans. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right- of- way/property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Installed trees are to be no smaller than twenty -four (24) inch box. D. Villa Balboa Landscape Zone The area between the Hoag property line and the sound wall will be referred to as the Villa Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific landscape process to ensure consultation with Villa Balboa on the planting and maintenance of the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent feasible or replaced with specimen plant material as designated on a plan to be approved by the Planning Director after consultation with the Villa Balboa Community Association. The plan shall also include sufficient additional landscaping to screen or soften the soundwall required FINAL_Hoag_PC 041808.DOC 25 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or, earlier. Any fixture modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parkin& Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program may be developed for parking structures and shall be subject to the review and the approval of the Newport Beach Planning Department. FINAL Haff-PC_041808.DOC 26 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IX. SITE PLAN REVIEW A. Purpose The City Council finds that development on the Lower Campus of Hoag Hospital may have the potential to affect the aesthetics of the community. The effect of this section is to establish a Site Plan Review requirement for certain individual projects to insure that these projects conform with the goals and policies of the General Plan, the provisions of this Planned Community Development Plan, the Development Agreement and the standards set forth below in sub - section F. The following classifications of projects are subject to the Site Plan Review: Planning Commission review: Any project that differs from setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. Planning Director's review: 1. Any project that could have the potential to generate emissions that could have an impact to visual resources. 2. Any project that could have the potential to generate emissions creating objectionable odors or other impacts to air quality. 3. Replacement of existing cooling towers, except for casualty. B. Findings The City finds, determines and declares that the establishment of Site Plan Review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new structure or the addition to an existing structure which does not conform to the provisions of Section V.D.2. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off -street parking and off -street loading areas, landscaped areas, FINAL _Hoall—PC_041808.DOC 27 Hoag Memorial Hospital Presbyterian Planned Conmmmly Depelopment Criteria and District Regulations signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off -street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. 2. A landscape plan, drawn to scale, showing the locations of existing trees (proposed to be removed and proposed to be retained); and indicating the amount, type, and location of any landscaped areas, planting beds and plant materials with adequate provisions for automatic irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. Fee The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. 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: HNAL_Hoag_PC_041808.DOC 28 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 1. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. 5. Potential impacts shall be mitigated to less than significant levels. G. Public Hearina - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty -one (2 1) days following the Commission action thereon unless, within the twenty -one (21) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty -one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, FINAL _Hoag—PC _041808.DOC 29 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. I. Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty -one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. 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 affurn, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Expiration and Revocation of Site Plan Review Approvals Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty -four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with. 3. Hearine. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. FINAL_limg- _041808.1)OC 30 Guam N Exhibit #6 31 unureft i Gavernanerd/Apency Anticipated Location Area Description i Landscape Element Schedule Status Outcome I Effect lead 4 CB' Mx wvrymen. —an w.s and iww Nw]m9lmbllea Prgee mmpmma swvmonvn v'wn sweat Arad l.cu9.n rotral.un plel-,t iblyelkn anew CU Gen eunalrg mr mmmahro ragmen —' -- Fmm PLH Ada a. aCbox awrgreen sm ash Vass and new TO mmmanm N.r 20M. I., wmpblbn JUb Coastal Comm. Apprwvd NXI Added ¢danbg cr CO Gan. GO (Me PLdiionaltree wrM, irugmwn adds Flare �: pvrmmmuniry mama) _ Atum mwN aon,.1 Wtise e➢uclwero To commence Mar ID09. Imes. —MM. JUN Londual Comm, AppmvW a* aaeeNmllali 6p0CIAC VMwvM Add men —en sl buikFg e6wticn 2004 Co Gon Bulft9 A,M3-CoG,n whim ad mmnily To mmmanca Ma, MOP equest M Phnl rveT9 Nneabcx 9avn an ImlvYmPIUn JUN Coastal Comm, L Ay wW a saraanmman aPacMNwm SCOB Lo Dun Buitl'mg -. Clean up one mgma. rJOrel dame, e Waundcwee and new 'rr*m ammm admdupen mmoWlb.mAnd Nw z99TmmYee V projammmpbtae AtlfM Vlwmquan", ma i• CU ban sops anlub wppm eh mMrol co 19mdM TiYWW : anwound em grauhdmvar !: wamlhg a � rhea.. sM1mba and gmundmmr ptamings and iNwao9T m.hllaa Pulsed xmpkfn AM. emus usual usudy F s. caw Slow Tree shmb and prounMnmr plenbre w wand, mn.wvim 4ng.lbn a,sum vueming and emsron ornml —' "- Insured vs p..fL —C.". Na. Praise AY�.,0'- RaWnlryl lra`allbawrtWwt Pass and sUmb ..• ..__ .. 4M'Wxwvryrmn rcrcan trees Nw, aoOi MaYOed Probd aamgefed S. and wMna.- . .. pNnOng retataMlln9 wall Imb9ee.1 ant NL-1 Campus Wvl PmjM tR. bC bar Nw011n9 trap and q am peon - Nov'N9I MSIVYVd Pmpemmptabtl soon Naves olcpm. gM,M A T YH.I p_wiflp': been and lnWWoman smlan at and klenda .. a Am Islands Ten Pane, .. Ineblvtl vs pvtl MLawm Campus .11 project Inumad. shad.. wwan enh..... paAF9 suss -WPN Inslalletion snl mmmenm no Isar a man News..a Ta "True phatn9 Imlall 29 9P box Nw.nn go-. tl9yn Inablgd no on., an Do. Man .0a of CDP issuance el areas and lnareese shade end and VRXp,YkaP islands: eMutreas 1009 the LOssWLOmm usual enhmmmmtW urOng 4 -16PGf 1.power,nt,im.9ov 1550 bougvrow. anuses metered as Pall sf CoKKNI ed, Mutiion and RMMInp WVll aMW pMnEn9 Lwmr Campus WallPmpe Nw 2007 Insured INq.ct mmpMVa OOMMI, 0 A. so, top q morning hall V B Mdlma'$ Rearade*me add f vurb.M Swrom grwMwveC fanchir d IMMon lm%kd no lMm Man Doe Insl Yalon shall cenmvnm no Mar mm 120 days of LOP'uuanm by Enhanced --all or". . Nsuelgwiry svfaly and .. 9rwMmver Plaminq amt— a0o9 the Coastal Comm Bsmigl nn, 'tg Added Visual DUaLb, Passing 2 1a -H ChW AddlAOnaltr sM1rvn Ma; shmbs and grwMmwraM new Doe 2007 DroMva Prgee mmglaba arw sommh9 entlbo Yflp .Fannin :'49rC.. phun9 maadan aysom tamp olfvnd amry eras Monsoon - s shmp Vimas.Nmb6pmindwrcrs eM new MgaMn IntalWibn uhedule Dx. mmnmw Impm»bundy mmpus no g— g1O1fl1 tl awrcr one BnM1mce anesl symvm a0o9 ;aral CngaalCOMA MCaeMILOmmApproval plvmwg M1entpevflar aides PLH pYntin9 mute uelMS nslaRtl de - =_ - Immaaubry upon esumce ofan E __ iiii�iillli Approval In Concept(AID) by Me oIN—,. BsM1 an CLLR Pulenan.1M be wbmped be al f0t i tlilionel graenawvn meal vpprw. BN line. oet Igreen sheen Inarulba no Wier than Des VN lmprovanwlM M MO Lnsol Bwavn News Manuel pvhbg (�! �li malraMM1meplmey em9PCH*m., .boa Lwnm. Wturn PCH J ;iUli ` llilFl Comma hmofseblmprwenlaMs k�li�I lit i t Lr II::.I.E....:. aftubammpkodnophuffau 8 C -` - _- = manlM1S VIOr LOP ismvnm Gy Me G i -- DpaW Comm. Arcagb -FUWro PumpsW MMSS Temporary naMro m aatal wild dower and Mm d es 11M. HAroaaed and lrl4adon sbnUat Porous and Em M en. —d... Mo ghII BMMe ATP '9muntlamr hydiosmd �Acd gaming oral pemgneMmlkYlM lMwilh MaWIed DOS MOT HYdraaavd and ofinen co"Imee paMNp POP. pNmg w• etas.: Penn, Mmsmm lmpmwrmMa added insoWbn Color Code indicating current Pro eCt Status bragl - Indenture Our hnprowmem. Mal a.-ewn InzW be Per wovbus appmwls __........i..-- InaiMes Ynpraamr.ma M.Mlbd M. mi .pan ...... Y.P. j of requiraa perrrm I Ind.. inpro- mints in Malin phase vtA M mbmiloe on Mry er egOn, a,.a Ad n- Imbmas lmprovemmfs pmpmed but not _.... aPPrwW M MMmemn Ud MUND RavMa MI5108 on Lily Dowca MesMg Exhibit #6 31 unureft HOAG LOWER CAMPUS IMPROVEMENT PLAN Exhibit #7 32 PARTIAL ELEVATION - PCH LANDSCAPE SCREEN Hoag Memorial Hospital Presbyterian N"W Donh, � EKmblt we 33 South mjws BakpWai 1--- -TUll Heft'scrm AGRATOP ofe4iftslape tit Child Cote centfo, I PARTIAL ELEVATION - PCH LANDSCAPE SCREEN Hoag Memorial Hospital Presbyterian N"W Donh, � EKmblt we 33 South mjws y � � — �1 -aa1°6? Memo To: Mayor and City Council From: James Campbell, Senior Planner Date: April 22, 2008 Re: Agenda Item No. 6 Hoag Memorial Hospital Presbyterian Master Plan Update On April 16, 2008, the City Council and Hoag agreed that Hoag would reimburse the City for the cost of the Fluor reports. This provision was inadvertently left out of the Development Agreement Amendment. The City Council also required a review process for projects located on the Lower Campus that could generate emissions that could impact visual resources. Additionally, the Council wanted a review process applicable to replacement of the existing cooling towers at the cogeneration plant. Staff included the process within the PC Text; however, additional administrative provisions are recommended to avoid ambiguities. Lastly, mandating a landscape screening plan for rooftop or top of parking structures was required by the City Council. Staff made the changes necessary; however, there was a duplicate provision in a separate section that was overlooked that needs to be changed so the PC Text is internally consistent. Each of these changes are highlighted in the attached pages and are recommended for inclusion in the Development Agreement Amendment and updated PC Text. e shall pay the City administrative costs incurred in conducting Annual Reviews. Hoag shall reimburse the City for costs incurred by the Ciri' associated with Fluor Enterprises' review of the cogeneration plant during the 2008 Annual Review." 12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to delete Subsection (c), which reads as follows: "(c) City and Hoag shall conduct a study of possible fixture 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. Asa part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that maybe permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." 13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as follows: "(d) City and Hoag acknowledge and agree that the Restated Development Agreement and this Amendment confer private benefits on Hoag that should be balanced by commensurate public benefits in favor of the City. Accordingly, the City and Hoag intend to provide consideration to balance the private and public benefits by the imposition of a Development Agreement Fee, which fee shall be used to reimburse the City for public improvements in the area and to fund certain additional needed public improvements identified by the City. Hoag shall pay to the City a Development Agreement Fee of Three Million Dollars ($3,000,000). Payment of one -half of the Development Agreement Fee of $1.5 million shall be made upon the Effective Date of this Amendment. Payment of the remaining one -half of the Development Agreement Fee of $1.5 million shall be paid to City 12 months from the Effective Date of FINAL—Amendment to Restated DevelopmentAgreementNo 5.DOC 7 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall also include sufficient additional landscaping.to screen or soften the soundwall required pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program shall be developed for parking structures and shall inay - -be subject to the review and the approval of the Newport Beach Planning Department. FINAL_Hoag_PC_041808a.DOC 26 Hoag Memorial Hospital Presbyterian Planned Conunuuity Development Criteria and District Regulations consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. Potential impacts shall be mitigated to less than significant levels. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. F1. Action by the Planning Director If all applicable standards established by this Section are met the Planning Director shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved the Director shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Director shall be subject to review by the Planning Commission either by appeal or upon its own motion or upon the request of the Planning Director. The action of the Planning Director on any Site Plan Review shall be final and effective twenty -one 21 days followinu the Director's action thereon unless within the twenty -one 21 da • anpeal period an appeal in writing; has been filed by the applicant or any other person the Planning Director has requested a review of its decision or unless the Planning Commission not more than twenty -one (21) days after the Director's action on its own motion elects to review and act on the action of the Director, unless the applicant consents to an extension of time. The Planning Commission may affirm, reverse or modifv the decision Such action by the Planning Commission shall be final, unless subsequently appealed or reviewed. 11I. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. FINAL_Hoag_PC_041808a.DOC 29