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HomeMy WebLinkAbout06 - Hoag Hospital Master Plan Update - PA2007-073CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT May 13, 2008 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department James Campbell, Senior Planner (949) 644 -3210 jcampbelll e city. newport- beach,ca.us SUBJECT: Hoag Memorial Hospital Presbyterian Master Plan Update (PA 2007 -073) One Hoag Drive, Newport Beach, California ■ Certification of Final Supplemental Environmental Impact Report ■ General Plan Amendment No. 2007 -005 • Planned Community Development Plan Amendment No. 2007 -001 ■ Development Agreement Amendment No. 2007 -001 APPLICANT: Hoag Memorial Hospital Presbyterian On April 22, 2008, City Council considered the adoption of two ordinances related to the Hoag Master Plan update project. The Council continued the matter to allow additional time to consider the ordinances given the various changes Council introduced at the conclusion of the April 16, 2008 public hearing. The attached ordinances have been prepared in an underline /st&eeut format to better assist in their review. RECOMMENDATION 1) Adopt Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001; and 2) Adopt Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001. DISCUSSION The modifications to the Development Agreement amendment are: 1. Scheduling future Annual Reviews in April 2. Annual noise compliance reports 3. Hoag payment of administrative costs for conducting Annual Reviews and the reimbursement of costs for the preparation of the Fluor Enterprises reports. Hoag Master Plan Update May 13, 2008 Page 2 4. Reimbursement of costs to install groundcover and irrigation to an approximately 0.47 acre, unimproved portion of Sunset View Park 5. Implementation of Option #4 to reduce heat rejection at the cogeneration plant cooling towers between November through April during specific atmospheric conditions. The modifications of the PC Text were: 1. Change to the definition of entitlement gross floor area requested by Hoag. 2. Change to require landscaping of rooftop parking or parking structures. 3. Inclusion of landscape provision and exhibits to mandate the installation and maintenance of additional landscaping in the Lower Campus (parking lot trees, Coast Highway landscape screen, etc.) 4. Expansion of the Site Plan Review hearing process to include the replacement of cooling towers or any project that could generate emissions that could cause odors, air quality impacts or impact visual resources. This process requires a finding that these projects conform with the goals and objectives of the General Plan, Development Agreement, PC Text. Additionally, they must be found compatible with the community character and potential impacts would need to be mitigated. Prepared By: 0-W ca4�!121, 4 � James Campbell, Senior Planner ATTACHMENTS Submitted by: W David � n �- b 1. Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001 2. Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001 ATTACHMENT] ORDINANCE NO. 2008 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS . (PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001). WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update that would apply to the 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach ( "Property "); and WHEREAS, the application seeks approval of an amendment to an existing Planned Community Development Plan that sets forth use, operational and development regulations for the Property and was approved by the City in 1992 by Ordinance No. 92 -3 and amended in 2002 by Ordinance No. 2002 -17 that implements the General Plan; and WHEREAS, the Planning Commission held a public hearing on January 31, 2008, February 7, 2008, March 6, 2008, and March 20, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full administrative record. A notice of time, place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073); and WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on April 16, 2008, to consider the recommendation of the Planning Commission; and WHEREAS, the City Council finds that: 1. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations provides suitable and adequate standards including those relating to uses, development limits, building height limits, setbacks, parking, landscaping, screening, signs, lighting, and noise control. 2. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is consistent with Municipal Code Section 20.35.050(C), which mandates the requirements of a Planned Community Development Plan. 3. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with the objectives, policies, general land uses, and programs specified in the General Plan and does not create any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is, therefore, consistent with the General Plan. More specifically, the General Plan Policy LU 6.1 calls for, "A diversity of governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3 -63 and 3 -64 (July 25, 2006). The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa, an adjacent residential community. 4. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et.seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA 1W Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 5. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008 by adopting certain CEQA Findings of Facts and a Statement of Overriding Circumstances contained within Resolution No. 2008 -27, which are hereby incorporated by reference. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Planned Community Development Plan Amendment No. 2007 -001 specified in the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (Exhibit A) is approved. Use and development of the Property shall conform to Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations. SECTION 2. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment to Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and /or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and /or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City 5 incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3: The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall not go into effect until the City Council approves or adopts all of the following: (1) General Plan Amendment No. 2007 -005; and (2) Development Agreement Amendment No. 2007 -001. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , 2008, and adopted on the day of _, 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK A HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission March 20, 2008 Adopted by the City Council City of Newport Beach Ordinance No. 2008 -10 Apri-1�2Mak 13, 2008 FINAL_Hoa&-PC 04180W)OC I Hoag Memorial Hospital Presbyterian Planned Commundy Development Criteria and Disftwt Regalatlons TABLE OF CONTENTS FINAL_Hoag_ 04I808a.DDC 11 Page Number I. INTRODUCTION 1 II. GENERAL NOTES 2 III. DEFINITIONS 3 IV. DEVELOPMENT PLAN 5 V. DISTRICT REGULATIONS 10 VI. HOAG HOSPITAL SIGN PROGRAM 21 . VII. HOAG HOSPITAL PARKING REGULATIONS 23 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS 24 IX. SITE PLAN REVIEW. 27 FINAL_Hoag_ 04I808a.DDC 11 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations LIST OF EXIIIBITS LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS 9 2. PARKING REQUIREMENTS 23 FINAL_Hoag—K 04)808a.DOC 0 Page Number I. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7 2. VEHICULAR ACCESS 8 3. DEVELOPMENT CRITERIA 14 4. PROPOSED SOUND WALL LOCATION PLAN 19 5. LOADING DOCK AREA LOCATION 20 6. LANDSCAPE MATRIX 32 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 33 S. COAST HIGHWAY LANDSCAPE SCREEN 34 LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS 9 2. PARKING REQUIREMENTS 23 FINAL_Hoag—K 04)808a.DOC 0 Hoag Memond Hospital Presbyterian Planned Coaunaaity Development Criteria and District Regulations L INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital - related uses: The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the Lower Campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. FINAL_Hoau-PC 0 I8a8a.DOC 1-6 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations H. GENERAL NOTES Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K-4 and K -5 regarding paleontological and archaeological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements or the requirements of the California Office of Statewide Health Planning and Development as applicable. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. Excluding communications devices on the Upper Campus, new mechanical appurtenances on building rooftops and utility vaults on the Upper and Lower Campuses shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be designed utilizing compatible architectural materials on the Lower Campus. No new mechanical appurtenances .may exceed the building height limitations as defined in these district regulations. S. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall commence within thirty (30) days of the completion of grading. envAL_xoag_PC 0419QSaDOC 2 Hoag Memorial Hospital Presbyterarn Planned Com»atnity Development Criteria and Dahict Regalattons III. DEFINITIONS Building Elevation: I. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2. A flat scale drawing of the front, rear, or side of a building. Building Enveloce: The volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Hei¢ttf: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet whisk measures less than 10 feet from finished floor to ceiling and is not for eecupansy; As applied to new construction permits issued on or after August 13, 2002, area of a building used .specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy; and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and all elements thereof. Grade: For the purpose of determining building height: Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) FINAL_Hoag PC 041808&DOC 13 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays. Landscape Are a: The landscape area shall include on -site walks, plazas, water, rooftop landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the ocean between high and low tides: Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours. Residential Care: Medically- oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: For the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. FINAL _Hoag__PC 041808a.DOC 4 13 Hoag Memorial Hospital Presbytertan Planned Community Development Criteria and District Regulations IV. DEVELOPMENT PLAN erect Characteristics The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential developments to the west. The Lower Campus is located north of West Coast Highway, south of the Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603 square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards inpatient functions, while the Lower Campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown on the Development Plan for the Upper Campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the Upper Campus. Exhibit 2, VehicularAceess, shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital - related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. The maximum allowable building area for Hoag Hospital, which encompasses both the Lower Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a maximum allowable building area limit. the maximum allowable building area for the Upper Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is 577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Project Specific Approvals Hoag has acknowledged that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR" The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Mager, Plan Final Program EIR (Final EIR No. 142) and a Supplemental EIR for the Master Plan Update (SCH 01991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing FMA1, HOag_PC_o418OkDOC 5 H Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental documentation is required. if this analysis reveals environmental impacts not fully addressed in the program EIRs, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIRs. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. FSNAL_Hoaa9_1`C_041808aDOC 15 UPPER CAMPUS HOSMAL ROAD ssr µ V••• -•• N { RUYII16tl9CR9 r tQApCS® AKLM KRUM . ' vm I tJ aDG�. r^ � " OPIO#iAliffi BtNlMge / 210 IARE 2" LAW Y�COIDIB'WIE 8A3�IT90I.AGRM1F .e rµ 3 iiyv r f i �cb - 1,ot•r14�� +(� Is 1 r t- } - Ga6B! 1 LOWER CAMPUS + NoRrN cow � PMIA / ; s v p:� -- 100 0 100 200 Note: Building labeled forldentikatlon purposes only SCALE: 1"200' PLANNED COMMUNITY SITE AND BOUNDARY MAP HOAG MEMORIAL HOSPITAL PRESBYTERIAN REVISED 01.22.08 'U" LEGEND r r r � . Ar goA*D } E r t PRIMARY ACCESS (51GNAt.RED) . 1 "{� NW001 �i NWtINPFEN� 1 "S i � .,\ STAVWUA6 SECONDARY ACCESS wi tr .....» PRIMARYROADWAYS LCMOINO DOq (UMg aWwo i. 0 SECONDARY DRWBNAYANDSERYICE �. wonar,•aw�tauon � . t s 4wcusrer ''�^ + i oaiaEi�u,�eN.Om3 ..+ � LVM LOADING DOCK r 830 VAE . tat . b � . t `^ i 4H1 1l�IE' 430 EIAM 470 DA0YDr1ANE 2=0100LAW \ n .. V f —� � � •�� s�renr� i 6d b a CAR= , [ GENIM r ..r w` •,. maw c t3 NORTH Mama ft�6 100 0 100 200 NOW BWJIJb gs labeled for IdenllRcallon puts m only VEHICULAR ACCESS SCALE: i" -200 HOAG MEMORIAL HOSPITAL PRESBYIERIAN • REVISED 01.22.18 8 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulattons TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET As of the date of adoption. 2 Up to 225,000 square -feet can.be transferred from the Lower to the Upper Campus 3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL_Hoeg_P4C_0418084DOC J Maximum Allowable Net Allowable Site Area Building Area Existin Remaining 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. & 67,228 sq. ft. 990,349 sq. & 2 a; aW. 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. & 577,889 sq. ft. d O a 1,618,164 sq. & 1,343,238 sq. & 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. & O F As of the date of adoption. 2 Up to 225,000 square -feet can.be transferred from the Lower to the Upper Campus 3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL_Hoeg_P4C_0418084DOC J Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses fisted under the five permitted use categories are not an exhaustive list. Other hospital - related uses which fit into the five (5) permitted use categories are allowed. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review and approval of the Planning, Building, Public Works, and Fire Departments. A. Permitted Uses Lower Campus a. Hospital facilities, including, but not limited to: (1) Outpatient services: (a) Antepartum Testing (b) Cancer Center (c) Skilled Nursing . (d) Rehabilitation (e) Surgery Center (f) Clinical Center (g) Day Hospital (h) Back and Neck Center (i) Biofeedback 0) Breast Imaging Center (k) Dialysis (l) EEG/EMG/NICE Laboratory (m) First Aid Center (n) Fertility Services (o) G.I. Laboratory (p) Magnetic Resonance Imaging (q) Neurology (r) Nuclear Medicine (s) Occupational Therapy (t) Pediatrics (u). Pharmacy (v) Physical Therapy (w) Pulmonary Services (x) Radiation Therapy (y) Respiratory Therapy (z) Sleep Disorder Center (aa) Speech Therapy (bb) Ultrasound (cc) Urgent Care FiNAL_1i0ag_PC_041808a.00C m 0 Hoag Memorlat Hospital Presbyterian Planned Community Development Criteria and District Regulations (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services (3) Support Services: (a) Employee Child Care (b) Health Education (c) Power/Mechanical/Auxiliary Support and Storage (d) Food Services (e) Cashier (f) Chapel/Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop 0) Laboratory (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities° (o) Engineering/Maintenance (p) Shipping/Receiving (q) Microwave, Satellite, and Other Communication Facilities (4) Residential Care: (a) Substance Abuse (b) Mental Health Services (c) Extended Care (d) Hospice Care (e) Self or Minimal Care (f) Congregate Care (5) Medical/Support Offices " Parking structures or decks do not count toward square- footage FINAL. Roa PC_041808aAOC 11 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations b. Methane gas flare burner, collection wells and associated system components. C. Accessory uses normally incidental to hospital development. d. Temporary structures and uses, including modular buildings. 2. Upper Campus a. Hospital facilities, including, but not limited to: (1) Inpatient uses including, but not limited to: (a) Critical Care (b) Emergency Department (c) Birthing Suites (d) Cardiology (e) Cardiac Care Unit (f) Intensive Care Unit (g) Mother/Baby Unit (h) Surgery (i) Laboratory 0) Pharmacy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit)5 b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. s Does not count toward square - footage FINAL_Hoag_PC 0418GUE)OC 12 Al Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations B. Prohibited Uses Lower Campus a. Emergency Room b. Heliport C. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy 2. Upper Campus a. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3, Development Criteria Plan, which establishes the following height zones: 1. Upper Campus Tower Zone - maximum building height not to exceed the existing tower which is two - hundred thirty -five (235) feet above mean sea level. 2. Upper Campus Mid -rise Zone - maximum building height not to exceed one- hundred forty (140) feet above mean sea level. 3. Upper Campus Parking Zone - maximum building height not to exceed eighty (80) feet above mean sea level, exclusive of elevator towers. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated by the development criteria shown on Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center which is fifty -seven and one -half (57.5) feet above mean sea level. FINAL_noag_PC_041808a.DOC 13 �a LEGEND "SONTZONES UPPER CAMPUS ZONES TOWER ZONE- MAMUM BUILDING HEIGHT 235' ABOVE MEAN SEA LEVEL MIDRISE ZONE. MAXIMUM BUILDING HEIGHT 140' ABOVE MEAN SEA LM PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA LEVEL, EXCLUSIVE OF ELEVATOR TOWER LOWER CAMPUS ZONES LOWER CAMPUS ZONE- SUB- AREASA, B,C,F, AND G- NO BUILDING SHALL EXCEED THE HEIGHT OF THE EXISTING SLOPE OR THE RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED SUB -AREAS RAND E- MAXIMUM BUILDING HEIGHT m"m OF Name 57.6 FEET ABOVE MEAN SEA LEVEL HOW, AMt PROPOM CROM �vmwwm� D'Awm m=m mm su Lm (mt) RAPE ftrom /-,�% Note: Buildings labeled for Identification purposes only Vq -J 100 0 NORTH 100 200 SCALE:11-200' evutorri 14 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations D. Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -foot minimum building setback. 2. The setback on West Coast Highway easterly of the hospital entry signal shall be fifteen (15) feet. In addition, vertical articulation shall be required for buildings easterly of the signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: I st Floor: Up to eighteen (18) feet in -height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. .2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of twenty (20) feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of twenty -five (25) feet. The setback on West Coast Highway westerly of the hospital entry signal shall be forty-five (45) feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: I st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. RNAT _xoaF_PC_oai8a8a.DOC 15 �t4 Hoag Memorial Hospital Presbyterian Planned Comrmmity Development Criteria and District Regulations 2nd Floor, up to thirty -two (32) feet building frontage shall be articulated in 2nd floor setback of fifty -five (55) feet. in height: A minimum of 20% of the such a manner as to result in an average 3rd Floor and above: A minimum of 201/6 of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of sixty -five (65) feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than two- hundred fifty (250) linear feet in width. Additionally, 20% of the linear frontage within one - hundred fifty (150) feet of West Coast Highway shall be open and unoccupied by buildings. 10% of the linear length of Height Zones A and B as viewed from the existing bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. There will be no building setbacks along the westerly boundary of the Lower Campus (adjacent to the municipal parking lot at Superior and West Coast Highway). 4. A twenty (20) foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty- five (25) foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Li htin The lighting systems shall be designed and maintained in such a manner as to shield the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be designed and screened to blend into the building roof using materials compatible with roofing materials. FINAL_1iaa�PC_041808a.DOC 16 �5 Hoag Memorial Hospital Presbyterian Planned Community Development Crltena and Dismd Regulations G. Signs All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parkine All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. I. Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. I Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times. Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to issuance of required permits. To the maximum degree feasible, the sound wall shall be constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to reduce the noise levels in the Loading Dock Area shall be incorporated into the design and operations of the hospital; such mitigation shall include relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor. FINAL_HoaL_PC_041808a.DOC 17 2� Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations M. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach Noise Ordinance, except as noted below for the Loading Dock Area Refer to Exhibit 5, Loading Dock Area Location, for the location. 1. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7 AM— 10 PM 10 PM — 7 AM Daytime Nighttime LN (15 min) 65 dBA 55 dBA 2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt from applicable noise standards as listed above. Vehicle idling shall be prohibited on West Hoag Drive and within the loading dock areas, except that refrigerated vehicles may idle while at the loading docks when refrigeration is necessary. In addition, the grease pit cleaning which is exempt from the City Noise Ordinance as a maintenance activity shall occur on a Saturday between the hours of 11:00 AM and 3:00 PM. FINAL _Hoag—PC 041808aDOC 18 a� vy "A. 0 0-%000 mC A O z z z x CP 0 X 0 x x % tmce . x V., -1a (V) SOUND WALL LOCATION PLAN V_V VIVAU MEMORIAL HOSPITAL PRESBYTERIAN f T__�� AR1113,2008 0 40 so EXHIBIT 4 4 . LEGEND EX!StJng Fence,._'., Property pselfliint Una 18.5, Illo wails _'` 00, No wall V llgh wall", ,110TE Sound Wallis appm)dmately 4jo Unear reet, Sound Wall heWd measured boyn adjacent madvky surface. ..... . . .. x CP 0 X 0 x x % tmce . x V., -1a (V) SOUND WALL LOCATION PLAN V_V VIVAU MEMORIAL HOSPITAL PRESBYTERIAN f T__�� AR1113,2008 0 40 so EXHIBIT 4 4 . LEGEND PROPUMUNEASIDEtinF[MINSECMM.L,DISTRICrREOUtATIONS LOWWODOCKAREAASIDMnEDINSECnONNL2.,DI=CrREQULAPONS LOWER CAMPUS Not% iulkonpkwed forldomficaon wqmm only LOADING DOCK AREA filar riff-, z I I ; UPPER CAMPUS m NORTH 100 0 100 200 SCALE: V-200' 20 I Hoag Memortal Hospital Presbyterian Planned Community Developmenl Crtlerta and District Regulations VI. HOAG HOSPPPAL SIGN PROGRAM A. Purpose and Intent The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on- building wall and ground- mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on- building, may be illuminated or non - illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110 -L. For purposes of this section, a building shall be defined as any occupied structure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for way finding purposes. Individual building numbers uniquely define the buildings on the Hoag campus. C. Number of Signs Allowed One (1) double -faced primary identification ground- mounted sign or two (2) single -faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a' project FINAL_Hoa&_PC 041808a.D0C 21 56 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations boundary perimeter wall, subject to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Primary entrance identification shall be allowed at the main, entrance to the facility and at the main entrance to the Emergency Department. If freestanding, this sign type shall not exceed a maximum height of eight (8) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed seventy (70) square feet. Secondary building and entrance identification signs shall be allowed. If freestanding, this sign type shall not exceed a maximum height of nine (9) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid- point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed fifty (50) square feet whether freestanding or wall - mounted. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single- faced, double- faced, or triple -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum height of eleven (1 1) feet average height above finished grade. 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy-five (175) square feet for donor recognition signage. 6. Hospital identification signs shall be allowed upon hospital towers, one (1) at each elevation. The maximum sign area shall not exceed two hundred seventy- five (275) square feet. Any hospital identification signage on the elevation facing west (Villa Balboa property line) may not be illuminated. 7. On the Lower Campus, two (2) building- mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa Balboa property. Such signs shall adhere to the requirements above for secondary building and entrance identification signage and shall be no higher than the roof line of the building upon which they are mounted. 8. Each public parking structure shall be allowed one (1) identification sign above each entrance and exit of the structure. The maximum sign area of each identification sign shall not exceed thirty (30) square feet. Adjacent regulatory parking signage does not count toward the maximum sign area. FntA1 S1oag-PC 04190M.UOC 22 3� Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VII. A. HOAG HOSPITAL PARKING REGULATIONS General Off - street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a mannet which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements have been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Off -Street Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon the area allocated to the use categories. Use Category Outpatient Services Support Administrative Residential Care Medical Offices Inpatient TABLE 2 PARKING REQUIREMENTS Parking Requirements 2.31 spaces /1,000 square feet (1) 0.0 spaces/1,000 square feet (1)(2) 5.3 spaces/1,000 square feet (1) 1.0 spaces/1,000 square feet (3) 4.0 spaces /1,000 square feet (3) 2.35 spaces /1,000 square feet (1) (1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001 for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542. (2) Support Services generates parking demand that is accounted for in one of the other categories. (3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991. FINAL tLoag-PC 041e0aanoc 23 3a Hoag Menmrial Hospital Presbyterian Planned Comnwnity Development Criteria and District Regulations VIII. HOAG HOSMAL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan e3ay -shall include a concept for dite reefs -rooftop parking and *L —parking structures if Proposed for the Lower Campus. Trees shall not be used, however planter boxes, green roof treatments or trellis systems shall be designed to provide added visual relief of rooftop parking or parking structures. All rooftop or top of parking structure landscaping proposals shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than twenty-four (24) inch box size. I Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 7. Emphasis shall be placed on the use of native, drought - tolerant, non - invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over - watering. 8 Installation and maintenance of landscape screening and irrigation stems per Exhibit #6 Exhibit #7 and Exhibit #8 All improvements shall be shown on landscape and irrigation Mans to be reviewed and approved by the Plannine Department and which shall be in substantial compliance with the Exhibits #6 #7 and 48 Hoag shall complete all of the improvements within the timelines set forth in Exhibit #6. FINAL HoagPC_04I SOSaDOC 24 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations MOM B. Maintenance 1. All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program. 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring,, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. Plantings and irrigation are to be maintained in accordance with the approved plans. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right -of- way /property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. FINAL_ Hoag_PC_041808a.DOC 25 �q LU FINAL_ Hoag_PC_041808a.DOC 25 �q Hoag Memorial Hospital Presbyterian Planned Coma nity Development Criteria and District Regulations Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Installed trees are to be no smaller than twenty -four (24) inch box. D. Villa Balboa Landscape Zone The area between the Hoag property line and the sound wall will be referred to as the Villa Balboa Landscape Zone. This portion. of the Hoag Hospital property will have a specific landscape process to ensure consultation with Villa Balboa on the planting and maintenance of the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent feasible or replaced with specimen plant material as designated on a plan to be approved by the Planning Director after consultation with the Villa Balboa Community Association. The plan shall also include sufficient additional landscaping to screen or soften the soundwall required. pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program shall r»a} -be developed for parking structures and rooftop parking proposed for the Lower Campus and shall be subject to the review and the approval of the Newport Beach Planning Department. FINAL_Hoag-PC _041808a.nOC 26 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IX. SITE PLAN REVIEW 6 The City Council finds that development on the West !'oast Highway fFent.. ^o of the Lose. Campus of Hoag Hospital may have the potential to affect the aesthetics of the communjtvWest NevVieFt area as viewed frafn sm—ounding arterial . The effect of this section is to establish a Site. Plan Review requirement by the Planning Gemmnission for certain individual projects ... afti ulatien requirement,; F set c Fth in Sec4ien V.9.2. to insure that these projects conform with the goals and policies ehjeetwes -of the General Plan, Provisions of this Planned Community Development Plan, the Development Agreement and the standards set forth below in sub - section F. The following, classifications of projects are subject to the Site Plan Review: and thA Masto Planning Commission review: 1. Any project that differs from setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. Planning Director's review: I . Any project that could have the potential to generate emissions that could have an impact to visual resources. 2. Any project that could have the potential to generate emissions creating objectionable odors or other impacts to air quality. 3. Replacement of existing cooling towers.ceepE€e r B. Findings The City finds, determines and declares that the establishment of Site Plan Review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained ^^ issamee of a gradin r t„aldi for any new structure or the addition to an existing structure as outlined in Section IX A above. prior to the issuance of a grading or building permit or issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning and Development review. whist does net FINAL_tioag_PC 041808aDOC 27 3 Hoag Memorial Hospital Presbyterian Planned Con minty Development Criteria and District Regulations D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: 1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off -street loading area landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off - street parking and loading areas, the location of each parking space and loading space; and areas for .turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. 2. A landscape plan, drawn to scale, showing the locations of existing trees (proposed to be removed and proposed to be retained); and indicating the amount, type, and location of any landscaped areas, planting beds and plant materials with adequate provisions for automatic irrigation. 3. Grading plans whenpecessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. S. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. Fee The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. Standards In addition to the general purposes set forth in sub - section A, in order to catty out the purposes of this chapter as established by said section, the Site Plan Review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: FINAL _Hoag_PC 041808a.DOC 28 31 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Reguladons The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. 5. Potential impacts shall be mitigated to less than significant levels. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Director If all applicable standards established by this Section are met. the Planning Director shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. . If the development is disapproved, the Director shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Director shall be subject to review by the Planning Commission either by appeal or upon its own motion, or upon the request of the Planning Director. The action of the Planning Director on any Site Plan Review shall be final and effective twenty -one (21) days following the Director's action thereon unless within the twenty -one (21) day appeal twen -one (21) days after the Director's action on its own motion elects to review and act on the action of the Director, unless the applicant consents to an extension of time The Planning FINAL_Hoag—PC 041808a.DOC 29 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations l-d. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days following the Commission action thereon unless, within the twenty-one (21) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty-one (21) days after the Commission action, on its own motion, elects to review and act on the, action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. W. Appal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty-one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. 3-K. Action by the City Council An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is foal. l6L Expiration and Revocation of Site Plan Review Approvals Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan FINAL_Hoag_PC_041808adx)C 30 Hoag Memorial6ospilal Presbyterian Planned Community Development Criteria and Distrlct Regulations Review are violated or if any law or ordinance is violated in connection there with. 3. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. 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Exhibit #8 33 South Ut,y BLlve 04/14/2008 ATTACHMENT 2 ORDINANCE NO. 2008 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT AGREEMENT AMENDMENT NO. 2007 -001) WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update that would apply to 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach ( "Property "); and WHEREAS, In 1994, the City and Hoag Memorial Hoapital Presbyterian entered into a .Development Agreement that provides for the orderly use and development of the Property while providing public benefits; and WHEREAS, Newport Beach Municipal Code Section 15.45.040 requires that development agreements include the term, permitted uses, density and intensity of development, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes; and WHEREAS, as part of its application, Hoag Memorial Hospital Presbyterian requests approval of an amendment to the Development Agreement to allow modifications to the use and future development on the Property; and WHEREAS, the amended Development Agreement was prepared and is attached as Exhibit "A.° WHEREAS, during the term of the amended Development Agreement, Hoag Memorial Hospital Presbyterian shall have a vested right to develop the Property subject to the terms and conditions of the amended Development Agreement, the provisions of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations and the California Environmental Quality Act (CEQA); and WHEREAS, Hoag Memorial Hoapital Presbyterian has agreed to provide public benefits as consideration for the amendment of the Development Agreement, including the payment of three million dollars ($3,000,000).for City public facility improvements, designation of the City as the point of sale for hospital purchases; and WHEREAS, the Planning Commission held a public hearing on January 31, 2008, February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council �5 Chambers,. 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental. Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full administrative record. A notice of time,.place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007 -001 (PA 2007 -073); and WHEREAS, pursuant to Section 15.45 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on April 16, 2008, to consider. the recommendation of the Planning Commission; and WHEREAS, the City Council has reviewed and considered the information in the amended Development Agreement and in the full administrative record, and found that: 1. The Development Agreement Amendment is entered into pursuant to, and constitutes a present exercise of, the City's police power. 2. The Development Agreement Amendment is in the best interests of the health, safety, and general welfare of the City, its residents, and the public. 3. The Development Agreement Amended is. compatible with the objectives, policies, general land uses, and programs specked in the General Plan and does not create any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is therefore consistent with the General Plan. More specifically, the General Plan Policy LU 6.1 calls for, 'A diversity of .governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3 -63 and 3 -64 (July 25, 2006). The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 4 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa. 4. The Development Agreement Amendment is consistent with Newport Beach Municipal Code section 15.45.040 and includes all the contents required for development agreements by the City of Newport Beach. 5. The Development Agreement Amendment is consistent with provisions of state law (California Government Code Sections 65864 - 65869.5) and local law (Municipal Code chapter 15.45) that authorize binding agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they may proceed with projects consistent with existing policies, rules, and regulations. More specifically, the Development Agreement Amendment is consistent and has been approved in accordance with provisions of California Government Code Section 65867 and Municipal Code Chapter 15.45. 6. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 7. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared in accordance with the provisions of the California, Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq„ and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008 by adopting certain CEQA Findings of Facts and a Statement of Overriding Considerations contained within Resolution No. 2008 -27, which are hereby incorporated by reference. q,1 8. The Development Agreement Amendment provides significant public benefits to the City of Newport Beach. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attomeys' fees, and damages which may be awarded to a successful challenger. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The amendment of the existing Development Agreement between Hoag Memorial Hospital Presbyterian and the City of Newport Beach (Development Agreement Amendment No. 2007 -001) is approved. SECTION 2. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment to Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and /or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and /or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and /or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3: The Development Agreement Amendment shall not go into effect until the City Council approves or adopts all of the following: (1) General Plan Amendment No. 2007 -005; and (2) Planned Community Development Plan Amendment No. 2007 -003. 4� SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , 2008, and adopted on the day of _, 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK RECORDING REQUEST BY, AND WHEN RECORDED MAIL TO: City Clerk City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 EXEMPT FROM FILING FEES CAL. GOVT CODE & 6103 (Space above this line for Recorder's use) AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 BETWEEN HOAG MEMORIAL HOSPITAL PRESBYTERIAN /_30117 THE CITY OF NEWPORT BEACH (Pursuant to California Government Code Sections 65864 - 65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved Ajwi142May 13, 2008 Ordinance No. 2008 -10 FINAL_Amendmemto Restated DevelopmmtAgreementNo 5.Doc SU AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Hoag Memorial Hospital Presbyterian) THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ( "Amendment ") is entered into and effective on the date it is recorded with the Orange County Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag "). RECITALS 1. The "RECITALS" to the Restated Development Agreement are amended to add new Sections 1.9 through Section 1.19(f) to read as follows: 1.9 Hoag Property. Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit `B" (the "Property "). 1.10 Hoag Healthcare Services. Hoag is a modern, state -of- the -art acute care, not - for -profit hospital providing a comprehensive mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institute, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical programs in many other specialties. 1.11 Hoag Community Benefit Programs. In addition to providing state -of -the -art hospital, diagnostic imaging and emergency room care medical services, Hoag is involved in many other community benefit programs such as police and SWAT team, fire department and paramedic support services, designating the City as the point of sale for major hospital equipment purchases and construction projects, providing financial and transportation support for the City's senior Oasis Center, and providing methane gas flare burnoff to mitigate methane gas fumes along Pacific Coast Highway. Hoag's community medicine program allocates approximately $10 million annually toward improving the community's overall health, primarily through disease prevention and wellness and health . promotion, especially for those vulnerable and disadvantaged populations. 1.12 EIR No. 142 and P.C. Text. On May 26, 1992, the City Council of City ( "City Council ") certified the Hoag Hospital FINAL _Amendmentto Restated De elopmentAgreementNo 5.DOC 1 ,[ Master Plan Final FIR No. 142 and adopted the Hoag Memorial Hospital Presbyterian Master Plan ( "Hoag Master Plan") and the Planned Community Development Criteria and District Regulations ( "P.C. Text ") setting forth the development standards and terms and conditions by which the Property may be developed, including the maximum permissible building area, building height limits and permitted land uses. 1.13 Square Footage of Buildable Area. Under the existing Hoag Master Plan and P.C. Text, the Property allows a total of 1,343,238 square feet of buildable area with 577,889 square feet allocated to the Lower Campus and 765,349 square feet allocated to the Upper Campus. 1.14 Development Agreement No. 5. On May 26, 1992, the City Council adopted Ordinance No. 92-4 approving Development Agreement No. 5 between the City and Hoag incorporating the Hoag Master Plan and P.C. Text and granting vested rights to Hoag to develop the Property pursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on August 4, 1993 as Instrument No. 63- 0522236. 1.15 Restated Development Agreement. On February 14, 1994, the City Council of City adopted Ordinance No. 94 -8 approving an Amendment and Restatement of Development Agreement No. 5 ( "Restated Development Agreement ") incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Restated Development Agreement was recorded in the Official Records of Orange County, California on March 23, 1994 as Instrument No. 94- 0207276. 1.16 First Amendment to P.C. Text. On August 13, 2002, the City Council adopted Ordinance No. 2002 -17 approving the First Amendment to the P.C. Text to provide that certain non - occupied building areas are not counted towards the maximum permissible building floor areas for development of the Property. L 17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's Noise Element in the General Plan and Noise Ordinance. It is proposed that noise generated and originating from the Property be governed by the City Noise Ordinance with certain exceptions. FINAL Amendment to Restated DevelopmentAgreementNo S.DOC 2 /5 1.18 Noise Attenuation. Hoag has taken significant actions to attenuate noise generated from mechanical equipment and has installed landscape screening and walls to mitigate and buffer noise and improve aesthetic impacts for adjacent residential properties. 1.19 Restated Development Agreement Amendments. The City and Hoag propose to further amend the Restated Development Agreement by this Amendment to incorporate references to: a Supplemental EIR; an amendment to the City General Plan; an increase in the Public Benefits; designation of the City as the point of sale to the extent allowed under applicable law; and amendments to the Hoag Hospital Planned Community Text ( "P.C. Text') to, among other things: (a) eliminate the reference to 1.0 Floor Area Ratio ( "FAR ") for the Upper Campus and the .65 FAR for the Lower Campus in the General Plan Land Use Element. In place of the reference to the FAR's; an absolute maximum allowable building area of 1,343,238 square feet will remain available for development of the entire Property comprised of the Upper Campus and the Lower Campus; (b) maintain a cap under the General Plan Land Use Element Amendment for development of the Lower Campus at 577;889 square feet (if no square footage is reallocated) and establish a cap on development of the Upper Campus at 990,349 square feet (if all 225,000 square feet are reallocated from the Lower Campus to the Upper Campus); (c) allow the transfer of up to 225,000 square feet of buildable area from the Lower Campus to the Upper Campus, which, if all 225,000 square feet are reallocated, would result in a maximum allowed density of 990,349 square feet for the Upper Campus and a reduction to permit 352,889 square feet of allowable development for the Lower Campus; (d) to. modify the noise standards applicable to the Property; (e) delete a provision that required the City and Hoag to conduct a study of possible future improvements in and around the easterly end of the Semeniuk Slough, including a requirement that Hoag FINAL_Amendmmuo Restated DevelopmentAgreementNo U)OC 3 ' fund the study and potential future improvements in an amount not to exceed $200,000; and (f) incorporate the Second Amendment to the P.C. Text. NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 1.5 of the Restated Development Agreement entitled Planning Commission/City Council Hearings is amended to read as follows: "1.5 Planning Commission/City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5, 1991, January 9, 1992, January 23, 1992, February 6, 1992 and February 20, 1992. The City Council conducted public hearings on the Master Plan, this Agreement and the EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 1. 1, 1992. The Planning Commission, after giving appropriate 'notice, held a public hearing to consider this Amendment, the Supplemental EIR, the General Plan Amendment, and the Second Amendment to the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008 and March 20, 2008. The City Council conducted a.public hearing on this Amendment, the Supplemental EIR, the General Plan Amendment and the Second Amendment to the P.C. Text on April 16, 2008." 2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "1.8 City Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 94 -8 approving a Restated Development Agreement No. 5 incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Adopting Ordinance became effective on March 16, 1994. On APFA-22-May 13, 2008, the City Council adopted Ordinance No. 2008 -10 approving this Amendment and authorizing the City to enter into this Amendment. The adopting ordinance will become effective on M�2June 12 2008." FINAL _Amendtnmtto Restated Develops tAgree tNo 5.DOC 4 3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance is amended to read as follows: "2.1 The "Adopting Ordinance" refers to City Ordinance No. 94 -8, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. "Adopting Ordinance" further refers to Ordinance No. 2008 -10 adopted on A2May 13, 2008 by the City Council, which approved and authorized the City to enter into this Amendment." 4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended to read as follows: 2.2 "Agreement" refers to the "Restated Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian," and this Amendment." 5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to read as follows: "2.13 The "EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach, and Supplemental Environmental Impact Report No. 142." 6. Section 2.23 of the Restated Development Agreement entitled Master Plan is amended to read as follows' "2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C "), as amended." 7. Section 3 of the Restated Development Agreement entitled Conditions to Development is amended to add a new paragraph after Subsection (f) to read as follows: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." 8. Section 3.3 of the Restated Development Agreement entitled Program EIR is amended to read as follows: "3.3 Program EIR. Hoag acknowledges that the EIR is a "Program EIR" and includes Supplemental Environmental Impact Report No. 142. The EIR analyzes the impacts of construction phased over time and, pursuant to CEQA, City is under a continuing obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the request were FINAL_Amendmentto Restated DevelopmentAgreememNo 5.DOC 5 �� fully addressed in the EIR. Subsequent environmental documentation is, required if this analysis reveals environmental impacts not fully addressed in the program EIR, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIR. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA." 9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is amended to read as follows: "4.1 Right to Develop. Subject to compliance with the provisions of Sections 3 and 8.2, Hoag shall have a vested right to develop and receive Project Specific Approvals for construction on the Property to the full extent permitted by the Master Plan, as amended. Subject to the provisions of Sections 3 and 8, City shall only take action which complies with and is consistent with the Master Plan, as amended, the Restated Development Agreement and this Amendment unless Hoag otherwise consents in writing. Subject to this Subsection, City shall have the authority to impose only those Exactions which are specifically described in this Agreement, except as expressly required (as opposed to permitted) by state or federal law." 10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is amended to read as follows: "5.2 Public Hearing. The Annual Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code. Annual reviews should be scheduled in April of each year." 40-.11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is amended to read as follows: "5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or building on, the Property as of the date of the Annual Review. Hoag FINAL—Ai dn=tto Restated DewlopmentAgmememNo 5.DOC b shall pay the City administrative costs incurred in conducting Annual Reviews. Hoag shall reimburse the City for costs incurred by the City associated with Fluor Enterprises' review of the cogeneration plant during the 2008 Annual Review." 44-12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to delete Subsection (c), which reads as follows: "(c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trials and the potential for those trails to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. As a part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that may be permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." 4-2:13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as follows: "(d) City and Hoag acknowledge and agree that the Restated Development Agreement and this Amendment confer private benefits on Hoag that should be balanced by commensurate public benefits in favor of the City. Accordingly, the City and Hoag intend to provide consideration to balance the private and public benefits by the imposition of a Development Agreement Fee, which fee shall be used to reimburse the City for public improvements in the area and to fund certain additional needed public improvements identified by the City. Hoag shall pay to the City a Development Agreement Fee of Three Million Dollars ($3,000,000). Payment of one -half of the Development Agreement Fee of $1.5 million shall be made upon the Effective Date of this Amendment. Payment of the remaining one -half of the Development Agreement Fee of $1.5 million shall be paid to City 12 months from the Effective Date of FINAL _Amendmentto Restated Developmen[Agmem tNo 5.DOC 7 �� this Amendment or at the time of issuance of the first building permit by the City for development of a project on the Upper Campus as provided in Exhibit "C" attached to this Amendment, whichever occurs earlier. The first $1.5 million of the Development Agreement Fee shall be used to reimburse the City and/or pay for the costs associated with the following projects: (i) construction of the Superior Avenue medians extending from Ticonderoga Street to Dana Road; (ii) construction of the right -turn pocket for southbound Newport Boulevard to westbound Hospital Road; and (iii) funding of the operational improvements and traffic signal upgrade at the Hospital Road and Placentia intersection ( "Priority Public Improvements "). Construction of the first two Priority Public Improvements listed above occurred during 2007, and the third is anticipated to occur in 2008. The City shall be obligated to pay the actual cost difference, if any, for construction of these Priority Public Improvements. However, if there are any funds remaining after construction of the Priority Public Improvements is completed, the City may retain the fiords to be used for other City projects or services that benefit the public. The City shall also have the sole authority to decide the design, cost and scope of the Priority Public Improvements and the sufficiency of City's performance on the Public Improvement Projects shall not be subject to Hoag's approval. The balance of the Development Agreement Fee .($1.5 million) and any fiords remaining after the construction of the Priority Public Improvements shall be used by the City in the City's sole discretion to offset costs associated with other City and community projects or services that benefit the public such as, among other things, public parks (for example, Sunset View Consolidated Park), landscaping improvements adjacent to public right of ways, sound abatement programs, public buildings, public road improvements, water quality improvements, law enforcement, fire fighting, emergency preparedness and other public safety facilities." 4-1,.14. A new section, Section 8.3, shall be added to the Restated Development Agreement entitled Sales /Use Tax Origin, to read as follows: "83 Sales/ Use Tax Origin (a) Hoag will include in its general contractor construction contract a provision that Hoag's general contractor and subcontractors, to the extent allowed by applicable law, will obtain a Board of Equalization sales /use tax subpermit for the jobsite at the Project Property and allocate all eligible sales FINAL_Amendmentto Restated DevelopmentAgr mentNo S.DOC 8 �� and use tax payments for individual contracts over $5 million to the City. Hoag will provide Hoag's general contractor and subcontractors with the name and contact information of the City's Revenue Manager and notice of the Revenue Manager's availability to meet and confer with them on the implementation of the Board of Equalization sales/use tax subpermit procedures. Hoag will further include a notice in its general contractor construction contract that prior to beginning a qualified construction project, the general contractor and subcontractors are encouraged to meet with the City's Revenue Manager to review the process to be followed with respect to sales and use taxes. Hoag will further include a provision in its general contractor construction contract that the general contractor or subcontractors will certify in writing that the person(s) responsible for filing the tax return understands the process of reporting the tax to the City and will follow the guidelines set forth in the relevant sections of the Sales and Use Tax Regulations. Hoag shall not be responsible for failure of Hoag's general contractor or subcontractors to follow the procedures set forth in this Section. Hoag, if readily available, shall provide to the City or any City designated representative the names, addresses, phone numbers and contact name of the general contractor and all subcontractors. (b) Hoag will continue to follow the Direct Payment Permit Process established in the Revenue and Taxation Code and use the permit for all qualifying individual purchases in excess of $100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale. (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hoag and shipped to Hoag's Newport Beach location may also be eligible for direct allocation of sales/use tax to the City. Upon request of the City, Hoag will provide City on a semi - annual basis with a list of purchases exceeding the $100,000 threshold.during the preceding six -month period, including the amount of the purchase and, if readily available, the name and contact information for the vendor upon request by the FINAI._Amendmemm Restated DevelopmentAgreementNo 5.DOC 9 59 City. The City agrees to review the semi - annual list of purchases made by Hoag and advise Hoag of any missed opportunities for direct allocation. Hoag agrees to file its Direct Payment Permit with vendors identified by the City in an effort to improve the direct allocation of the local share of sales /use tax payments in future periods." 15. A new section. Section 8.4, shall be added to the Restated Development Agreement entitled Sunset View Park Improvements, to read as follows: "8.4 Hoag shall reimburse the City p to $150,000 for the installation of groundcover, shrubs and irrigation systems within the unimproved portion of Sunset View Park and Superior Avenue, approximately 20,500 square feet in area, located northerly of the coifeneration building. Reimbursement to the City shall be within 30 days of Hoag receiving an invoice from the City." 16. A new section, Section 8.5 shall be added to the Restated Development Agreement entitled Cogeneration Plant Energv Curtailment, to read as follows: "8.5 Hoag shall install a weather station capable of identifying ambient conditions necessary in documenfrrig—cogeneration plant and cooling tower operations: The weather station shall be tied into the cogeneration plant controls in order to maximize automatic responses to prevailing weather conditions, assisting in managing the operational changes and load shifting, as well as to provide periodic reports on plant operations. Hoag shall not construct or erect additional cooling towers within the Hoag Lower Campus. Hoag shall reduce the effective heat resection by 33% at the existing cooling towers and such reduction shall be measured from a baseline (to be measured at the cooling towers) of operating three existing generators and absorption chillers at 100% of design capacity. This reduced capacity operation shall be implemented daily hetween November 1st and April 30th, between the hours of 7:00 AM and 7:00 PM when the relative humidity is equal to or above 60% and when ambient FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC 10 0 temperatures are equal to or less than 55 degrees Fahrenheit. Ib:17. Section 11. I (c) of the Restated Development Agreement entitled Notices is hereby amended to delete: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 86 Floor P.O. Box 19613 Irvine, CA 92713 - 9613" and to add: "with a copy to: Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 with a copy to: Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614 - 7321" 17z I8. A new Section 11.17 shall be added to the Restated Development Agreement as follows: "11.17 Indemnification/Hold Harmless. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any aid all claims., demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment, including, but not limited to, the approval of the Planned Community Text and/or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification FINAL _Amendment to Restated DeveiWtaentAgreementNo 5.DOC 11 61 provisions set forth in this condition. Hoag shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition." 4 -8-19. Exhibit C of the Restated Development Agreement shall incorporate the Fast Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C entitled: "HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission March 20, 2008 Adopted by the City Council City of Newport Beach Ordinance No.2008 -10 May 13,2008" 4 -9-20. Except as provided for in this Amendment and not. otherwise superseded by this Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms, conditions, provisions and exhibits of the Restated Development Agreement continue to have full force and effect as provided therein and this Amendment shall constitute an integral part of the Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and are incorporated into this Amendment in full by this reference. 28:21. In the event there is any conflict between any provision of the Restated Development Agreement and this Amendment, the later approved and recorded document shall prevail in interpretation, operation and implementation. 222. The City Clerk shall cause a copy of this Amendment to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the effective date of adoption of the Ordinance approving this Amendment. [Signature page follows] FINAL _Amendmmtto Restated DevelopmentAgmementNo 5.DOC 12 `^ W� IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Development Agreement No. 5 to be binding as of the Effective Date. ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney, CITY: THE CITY OF NEWPORT BEACH, a municipal corporation of the State of California By: Edward D. Selich, Mayor OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation IN Richard F. Afable, M.D. President and CEO (All Signatures to be Notarized) FINAL_Amendmentto Restated DevelopmentAgreementNo S.DOC 13 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is/are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] . STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she/they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] PINAL_Amendmentto Restated DevelopmentAoreementNo 5.DOC 14 !_Y STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executedthe same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] FINAL _Amendmemto Restated DevelopmentAgeementNo 5.DOC 15� EXHIBIT A LEGAL DESCRIPTION The subject property is the following real property in the City of Newport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block I of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block I of Irvine Subdivision, as shown on a map recorded in book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. FINAL_Amendmentto Restated DevelopmentAg=ment No S.DOC A -1 �� u� ' � 3 4 ' upper comprrs a Y� 0 * R I r . � It tow - I, Y % /dam i PARCEL t to AV sow It ( nax y`4 aaaesf 1 r4 .. 8iK J Al a " Lawer Campus to PARCEL 2 04 tow. reams , -t O e MOWN a t xrm w. HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted Apr4l32Mav .13, 2008 Ordinance No. 2008 -9 Effective May 22June 12. 2008 FINAL _Amendntentto Re tatedDevelopmentAgcementNo 5.DOCC-2 In� Y Memo To: Mayor and City Council From: James Campbell, Senior Planner Date: May 13, 2008 Re: Agenda Item No. 6 Hoag Memorial Hospital Presbyterian Master Plan Update On April 16, 2008, the City Council and Hoag agreed that annual noise monitoring would be required as part of the annual compliance review of the Development Agreement. The following highlighted provision was inadvertently left out of the draft amended Development Agreement and is suggested for inclusion. "5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall also include a noise regulation compliance assessment that includes noise measurements prepared by a qualified noise consultant on a yearly basis. The noise assessment shall identify noise regulation compliance issues and recommended measures to abate any noncompliance. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or building on, the Property as of the date of the Annual Review. Hoag shall pay the City administrative costs incurred in conducting Annual Reviews. Hoag shall reimburse the City for costs incurred by the City associated with Fluor Enterprises' review of the cogeneration plant during the 2008 Annual Review." "RECEIVEP AFTER AG PRINTED:$# S Mr. James Campbell Planning Department City Hall, Newport Beach, CA via hand delivery Dear Mr. Campbell: May 12, 2008 6 Thank you for your time two weeks ago at our meeting. At the time, I asked the question as to what requirement is being considered by City Council regarding a concomitant forfeiture of acreage along Coast Highway if Hoag's request of transfer of 225,000 sq. ft. of previously approved building rights along Coast Highway is transferred to their "upper campus." It was my understanding that you stated that there is no provision even before the City Coucil to require this. As we discussed, the transfer will free up a few acres along Coast Highway which will then no longer be buildable my Hoag because of the loss along Coast Highway when Hoag transfers their building rights to the "upper campus." Since the Coast Highway property was Cal Trans property, it was owned by the citizens of the State of California. Through City zoning practices, Hoag bought the property far below what would have been fair market value, but for those practices. Therefore, if it will not be used by Hoag, it cannot be justice for those taxpayers to ignore the ramifications of the transfer of building rights. Further, of course, the taxpayers and citizens of orange County lose significantly because that Coast Highway property is pretty much off the property tax rolls because of Hoag's non - profit status. I would appreciate a written answer from you, or your designee, if I have misunderstood that there is no provision for a concomitant forfeiture (or any other result) from Hoag's Coast Highway property if their request for the . 225,000 sq. ft. transfer of building rights is approved. Thank you. Yours truly, Rosemary C. Steinbrecher 100 Scholz Plaza, #112 Newport Beach, CA 92663 Mr. Tony Brine Public Works Department City Hall, Newport Beach, CA via hand delivery Dear Mr. Brine: May 12, ZD08 1.3 Flit U: fi b Thank you for your several short opportunities to speak with you. At your suggestion, I read the entire Chapter 15 of the Municipal Code through all its revisions, including and especially the vast changes made in 1999, affecting the present. As you told me verbvally, Chapter 15, simplified, does demand that the "Traffic Engineer" use "standard" industry practices in determining the affect on traffic of a proposed project. However, as I told you both verbally and in writing, Newport Beach does NOT use standard practices if standard is defined by any ofher beach community in Orange County. As I have stated, ALL beach communkities use beach season traffic counts in considering development affected by seasonal traffic, except Newport Beach, I know the 1999 revision of Chapter 15 now demands this count be ONLY taken Feb. through May, Tues. - Thurs. I need to know upon what the Traffic Engineer bases his required "standard," and if the 1999 revision of Chapter 15 requiring all traffic counts Feb. through May was done upon or against the recommendation of the Traffic Engineer. Secondly, Chapter 15 requires, I believe, that the Traffic Engineer respond to a specific project. Therefore, how can the Traffic Engineer respond to the current proposal of Hoag Hospital to transfer 225,000 sq. ft from Coast Highway to its "upper campus ?" I was at all original planning commission meetings, and Hoag's representative Ms. McDermott specifically stated that Hoag did NOT want to state absolutely what they would do with their transferred rights. Only after some duress from a Commissioner did a director of their Board state they thought they probably would build a critical care center, but only maybe. These two points seem to EIR. I would appreciate seriously make questionable the your answer in writing. Tha k you. Rosemary C Steinbrecher 100 Scholz laza, #112 Newport Beach, CA 92663 MAY -12 -2008 MON 01;35 PM JDT&P IRVINE primary FAX NO. 9497520597 P. 02 Jackson l DeMa= I Tidus "RECEIVED AFTER AGENDA Pe(*enpaugh, PRIMED:' :LUP 143 -rte A L A W C O R P O R A T I O N May 12, 2008 Direct Dial: 949.851.7409 Email: mstapleaCNdtplaw.com Reply to: Irvine Office File No: 6014/46474 VIA FACSIMILE A" OVERNM EXPRESS -° City Council — City of Newport Beach 3300 Newport Beach Boulevard _ Newport Beach, California 92663 Re: May 13, 2008 City Council Agenda Item No. 6 (Hoag Hospital Project) Dear Honorable Mayor and City Council Members: Our firm represents Villa Balboa Community Association ("Villa Balboa'. On behalf of Villa Balboa, we respectfully request that the City Council take off - calendar Agenda Item No. 6 for the May 13, 2008, City Council meeting, and continue its final approval of the Hoag Hospital Master Plan Amendment ("Project ") and Supplemental Environmental Impact Report ( "SEIWI to a later date to allow sufficient time to seriously consider and mitigate the Hoag Project's adverse impacts, and properly condition any approval to feasibly mitigate these adverse impacts. As discussed in our previous comment letters and testimony related to the Pmject, the City has failed to impose feasible mitigation measures, resulting in significant and unmitigated noise, emissions, cooling tower plumes, and fighting/glare impacts, from the Project's cogeneration plant, loading dock, child care center, and lower campus parking lot. If the Project is approved as proposed, the noise impacts from the cogeneration plant, which have not even been measured subsequent to installation of the fourth cooling tower, will not be mitigated. The noise from the loading dock will be so bad that, even with the approved mitigation measures, it will exceed the City's Noise Ordinance, rendering the nearby Villa Balboa units uninhabitable. The plumes emanating from the cogeneration plant's cooling towers will continue to obstruct public views, unabated, during most of the year. The cogeneration plant's emissions plumes, which have not been evaluated, will continue unmitigated. Despite all of this, the City is proposing to approve Hoag's Project without complying with the laws that are supposed to ensure reasoned decision making and protection of the affected community. The following continents supplement Villa Balboa's prior, written comments and oral testimony on the Project. 1. The City Has Not Adequately Described or Analyzed "Option 4." On the day of the April 16, 2008, City Council hearing, Hoag proposed to implement "Option 4" as a method to reduce the cogeneration plant's cooling tower plumes. Option 4 was Irvine office Westlake Village Office 2030 Main Street, Suite 1200 2815 Townsgate Road, Sub 200 www.idtplaw.com InAne, Calffomla 92614 Westlake Village, Califomia 91361 t 949.752.8585 f 949.752.0597 t 805.230.0023 f 605.230.0087 MAY -12 -2008 MON 01:36 PM JDT&P IRVINE Primary FAX NO. 9497520597 P. 03 Newport Beach City Council May 12, 2008 Page 2 not among the options evaluated by the City's consultant, Fluor Corporation ("Fluor"), and was not provided to the public prior to the hearing. Nevertheless, the City Council approved Option 4 as the sole mitigation for the significant visual impacts caused by the cogeneration plant's cooling tower plumes. Following the April 16 hearing, in an attempt to evaluate Option 4, we requested that the City provide a copy of all documents that relate to Option 4. In response, the city provided a short summary of Option 4 (copy attached) and told us that there were no other documents describing Option 4. The cursory summary provides no information to substantiate the operational changes, mitigation estimates, or cost projections, and no information for the City and the affected public to monitor and enforce Hoag's compliance with the measures. In short, the City Council's approval of Option 4, and rejection of other plume abatement mitigation measures evaluated by FIuor, is not supported by any evidence in the record. Additionally, in adding Option 4 to the Development Agreement, the City limited the operational changes to a five -month period, from November 1 through April 30, even though evidence was presented that Hoag's cooling tower plumes destroyed public views of fireworks from Sunset View Park on the Fourth of July. Even if Option 4 is the only feasible mitigation measure for the cooling tower plume impacts and can be implemented in an intelligible manner (both of which Villa Balboa disputes), it would not mitigate the visual impacts to the maximum extent feasible, as required by the California Fnvironmental Quality Act ( "CEQA'J. 2. The S e—Pl n Review Process is Inadequate. The Site Plan Review Process amendments proposed in Section IX of the Planned Community Development Criteria and District Regulations ( "PC Text ") are inadequate to prevent a repeat of the errors that resulted in the significant, unmitigated impacts caused by the Hoag Project to date. The Site Plan Review process proposed by staff calls for only Planning Director review of projects on the Hoag campus that could result in significant visual impacts, emissions, or replacement of existing cooling towers. During the April 16 City Council hearing, staff repeatedly stated that the City failed to conduct the required environmental review before the cogeneration plant was constructed because staff did not know about the potential cooling tower plumes. Senior Planner Campbell explained that the City's planners were not qualified to determine the possibility that such Plumes may be emitted. In light of Hoag's concealment of the cogeneration plant's potential adverse impacts from both the City and the Coastal Commission before the cogeneration plant was constructed, the Site Review Process must require Planning Commission review at a noticed public hearing in order to increase the likelihood that all potential adverse impacts will be identified and mitigated. Failure to do so will perpetuate a system that staff admits is flawed. MAY -12 -2008 MON 01:36 PM JDT &P IRVINE Primary FAX NO, 9497520597 P. 04 Newport Beach City Council May 12, 2008 Page 3 3. In Reviewing the Project, the City+ Council Applied an Incorrect Legal Standard to the Cogeneration Plant. In reviewing the Project's compliance with the Development Agreement and considering the SEIR and Project approvals, the City Council incorrectly stated that it could not mitigate the adverse noise, emissions, and cooling tower plume impacts caused by the cogeneration plant. The City Council mistakenly concluded that Hoag had a "vested right" to maintain the cogeneration plant, and that the cogeneration plant was not part of the existing Project approvals. This is not the case. The error of the City Council's conclusion is revealed by staff's and Hoag's own testimony. For example, at the April 16 City Council hearing, Mr. Campbell discussed another structure that was constructed on the Hoag campus without the appropriate City approval. In that case, the City required Hoag to remove the facility. The City has the same authority to require removal or mitigation of the cooling tower plumes that were constructed in violation of the environmental review requirements of CBQA and the Development Agreement. Additionally, when Hoag objected to Councilman Rosansky's request to revise the PC Text to require City review of any project on the Hoag campus that will emit visible emissions, Hoag's attorney stated that the existing language of the Development Agreement is adequate to prohibit visible emissions without first obtaining City review and approval. (See Minutes of 4116/08 City Council meeting). Hoag's cogeneration facility plainly violates the Development Agreement. Hoag has no "vested right" to maintain and operate the cogeneration plant in its current condition. In fact, the City Council has authority to unilaterally revoke the entire Development Agreement as a consequence of the violation. (Gov. Code, § 65865.1.) The City Council incorrectly concluded that it lacked legal authority to mitigate the cogeneration plant's adverse environmental impacts over Hoag's objection. As a result of the City Council's error, the City imposed only those measures that Hoag would agree to. The recommended Project approvals fail to mitigate the noise, emissions, and cooling tower plumes to a below significant level. Instead of carrying out the City's obligation to impose all feasible mitigation measures to reduce adverse impacts to a below significant level, the City simply revised the proposed ordinances approving the Project to enhance Hoag's indemnification obligations to the City. We appeal to the City Council to properly exercise its legal authority for the benefit of the Newport Beach community adversely affected by Hoag's Project. 4. Conclusion. The affected public has been failed by the City's proceedings on Hoag's Project. There is no substantial evidence to support the City Council's findings in support of the SEIR certification, project approval and statement of overriding considerations. On behalf of Villa Balboa, we respectfully request that the City Council take Agenda Item No. 6 off calendar and continue its final approval of the Project off - calendar to allow the time necessary to seriously MAY -12 -2008 MON 01 :36 PM JDT &P IRVINE primary FAX NO, 9497520597 P. 05 Newport Beach City Council May 12, 2008 Page 4 evaluate the Project's adverse impacts and properly condition any approval to mitigate those impacts to the maximum extent feasible. Failure to do so exposes the City to having its approvals overtumed, and risks inverse condemnation and other liability for residences within Villa Balboa rendered uninhabitable by the Project's unmitigated noise and other impacts. Hoag may be responsible for reimbursing the City's .financial costs that result from approving the Project in violation of applicable laws, but the wasted City resources including staff tune, and the damage to the public's confidence in its elected officials cannot be recovered as easily. Respectfully submitted, JACKSON DEMARCO TIDUS & PECKENPAUGH By: Michele A. Staples Attorneys for Villa Balboa Community Association w/ Attachment cc: Mr. Homer Bludau, City Manager* Mr. Jim Campbell, Planning Department* Robin Clauson, Esq., City Attorney* Dennis D. O'Neil, Esq., Counsel for Hoag* * Via Facsimile (w/ Attachment) Consulting + Engineering + Technology + Construction SYSKA HENNESSY ApM 15, T/%78 1 m m y a� m z 0 m .c m cn N O Vl CD y 0 rN Consulting + Engineering + Technology + Construction SYSKA I-lk.NNF'.SSY GROUP Deduce the hospital's reliance Southern California Edison. > Keeping Hoag patients safe fro.m:. electric outages p ro H . a Load Reduction - Duffing "prune plume`periods 7 Of November through April, Hoag will implem ent and inaitain a; - 33% reduction in cooling tower heat rejection through.-a series. . of load shifting operational process m6dificatioris:. > Predicted Outcome - Engineers' esiunate .that .�zs:;aoad_ reduction sequence will result M a 30% reduction in plume generation from current plume volume. > Weather Station - Install a. commercial weather station . adjacent to the cooling towers to monitor condition.. and'direct. . operations when conditions are prime for visible plume, specifically daylight Hours when the ainbient air,is cold and humid. Uption cont, > Verification of Process - Provide city staff with written annual reports of compliance utilizing data fi o n= the.. weather= station combined with system operations data:. Estimated Cost - Rough order of Ymagnitude:.cos%,:have been. estimated at $500,000 in capital costs, plus ari anticipated annual cost of $120,000 to $140,000 for increased. purchased power from Southern California Edison. Cooling Towers - No additional cooling towers- will be installed on the lower campus. i Kw- Flu] i IV %.Pau7G7 1 Iu 1 ICAIl1 1 1 - > The condensation plume is only seen in certain atmospheric conditions. . when the air is cold and moist e primarily in. winter months Clarification of. o n Plume Abatemen id. P% > Request for Bid for Equipment Prepurchase in 2001 • Was for a cogeneration plant to be located near the cancer center that was never fully designed and was not built • The existing Go -Gen was. designed in 2002 > During the design process for the current facility the.:- > design team considered multiple factors in "value engineering" out the equipment. Factors include • Loss of energy • Reduction in plant efficiency • Increased noise • No examples of plume abated cooling towers in coastal zone • Significant cost 9 No guaranteed outcome 3 CELL OPERATION (No Cond. Vt+atw Reset) 4 CELL OPERATION (Approx. 5 deg. F Cond. Water Reset) Fri," z' Trend Data DATE: February :l4.2008 - TIME; . 7M5 = 1:45Aw -; :- .. WEATHER CONDITION& Temperature:. :' 52:7 deg. F -. . .. Rel. Humidity'_',: 5S °k RH a. Wind Spe6d,. :. 9 mph. .. Wind Dlrection: NE AVERAGE TOWER LOAD: • Test Duraflon: 30 minutes • Cond. Wafer Return Temp: 86.5 deg. F • Cond. Water Supply Temp: 78 deg..F Cond. Water Flow. . 8,211 GPM .. Heat Reje.wbn:.` 34,900 MSH Percent Capacity: 68% 3 CELL OPERATION (No Cond. Water Reset) 4 CELL OPERATION (Approx. 5 dog, 9 Cond. Water Reset) w Trend Data DATE: January g, 2008 TIME: 7:30 — 8-15 AM WEATHER CONDITIONS' Temperature. 52.4 dog. F Rol. Hurhjdity: • 860/a RH. Wind Speed-' Cahn. Wind Direction: NIA AVERAGE TOWER LOAD. a Test Duration. 45 minutes 0 Cond. Water Return Tamp: 84 deg, F a Cond. Water Supply. Tamp. 76.5 dog. F 4 Cond. Water Flow:' 8,386 GPM 0 Heat Rejection: 31,450 MBH-.. 9 Percent Capacity: 61% Option Description Approx Thmailnsfar implementation Opinlon of No. Reduction in (rote 11 Probable Plume Construction - cost . (note 2) . 1 Modify Cooling 10 -15% Immediate 5200,ODD . Increase In electrcai u0lMydeinand, consumption and cast TowerOperatian , Hospital "carbonfaotjttinl "- tncreesed. (note 9) A ' pprox. incremental insreasein ennual.ut)Itty cost of operation: $12.000 {irote3j.'.. --,:- . 3 New Towerswmn 70% Winter 2010- Requires 57.4- 9.3Million : InlarruptionofutilityservieestoHospital Plume lA igalion recirculation of EIR, OSHPO . Increased boiler emiselonsfroinPlant - System Permit. and Coastal • .. - - ' Increase in noise level at properly Has- (notes 8 acid 9) Commission approval - > Cooling7ov�erhelgh (incressedtiyapprox..f0feat ' - Increasein electrical otiiityddemand, consumption and cost - . Increase to natural 9" 8enmed, consunaptIon and costs . Hospital" carbon foatprint°-Mpoased_ ' . Approx. Incremental increas@ In armuat utffity cost of operation: $84,300 (note S). 3A Air Cooled Has? SM Meister 2010 - Requires $5.8 - 72 Ulfion • Interruption of utility Samoa to Hospital Exchanger System recirculatian of EIR. OSHPO • Requires aosddMona? striwttrre to be borM near PCH (rotes 5 and 91 Permit. Coastal Commission . Increase to noise leve( at properly Arse approach and Callrws encroachment enem CC'+al . Increase In electrical utility demand, consumption and cost • Hospital °earbonfootprinCTrereased .Approx. Incremental Increase in annual u" cost ed ' opsratfon:4fi2,50D'(twte.6) -' ;: ' ' 4 IdoftConen 30n Immediate 3500400 = Increase in electrical uU)itydemand, cmnsornjtlon and coat facft, Operations (Incorporators pnmrporates = Increase in natand gas demand. consumption and costs option 1 for a mat corn OOm : Hospital "carbon inotprinl" Increased. - cumula#M 11 . Aprox. Incremental Increase In inmost uSily coat of . oparattorc 5120 .000 - 140.000 (note 7)- Customer Service Initiative 1. Counter schedule a) Associate Planners to be assigned shifts b) Jay and Jim to be "on- call" supervisors at the counter i) Alternating AMs and PMs ii) Be physically present 1 -2 hours during each shift iii) 3 month trial period, evaluate then adjust accordingly 2. Benchmarks a) Senior staff will triage plan checks daily to prioritize and delegate b) First plan check within 10 to 14 days c) First recheck within 7 days d) Second recheck within 3 days e) To the maximum extent possible, return phone calls the same day 3. Provide ongoing general & professional training a) Local Government — how is CNB organized — the Charter b) Council and Planning Commission protocol c) General Plan, LCP, Zoning, Subdivision d) Other Municipal Codes e) California Environmental Quality Act 0 Official Council Policies g) Departmental policy and procedures h) Other department's functions, personnel and process i) Time management j) Writing & grammar k) Presentations 1) Budgeting m) Supervision & Leadership zoos J. Campbell Page 1 Jackson l DeMarco l Tidus Peckenpaugh A LAW CORPORATION May 12, 2008 Direct Dial: 949.851.7409 Email: msiaPles@jdtplaw.com Reply toy Irvine Office .. File No: 6014146474 - VIA FACSIMILE AND OVERNITE EXPRESS City Council City of Newport Beach 3300 Newport Beach Boulevard Newport Beach, California 92663 Re: May 13, 2008 City Council Agenda Item No. 6 (Hoag Hospital Project) Dear Honorable Mayor and City Council Members: Our firm represents Villa Balboa Community Association ("Villa Balboa "). On behalf of Villa Balboa, we respectfully request that the City Council take off-calendar Agenda Item No. 6 for the May 13, 2008, City Council meeting, and continue its final approval of the Hoag Hospital Master Plan Amendment ( "Project ") and Supplemental Environmental Impact Report ( "SEIR ") to a later date to allow sufficient time to seriously consider and mitigate the Hoag Project's adverse impacts, and properly condition any approval to feasibly mitigate these adverse impacts. As discussed in our previous comment letters and testimony related to the Project, the City has failed to impose feasible mitigation measures, resulting in significant and unmitigated noise, emissions, cooling tower plumes, and lighting/glare impacts, from the Project's cogeneration plant, loading dock, child care center, and lower campus parking lot. If the Project is approved as proposed, the noise impacts from the cogeneration plant, which have not even been measured subsequent to installation of the fourth cooling tower, will not be mitigated. The noise from the loading dock will be so bad that, even with the approved mitigation measures, it will exceed the City's Noise Ordinance, rendering the nearby Villa Balboa units uninhabitable. The plumes emanating from the cogeneration plant's cooling towers will continue to obstruct public views, unabated, during most of the year. The cogeneration plant's emissions plumes, which have not been evaluated, will continue unmitigated. Despite all of this, the City is proposing to approve Hoag's Project without complying with the laws that are supposed to ensure reasoned decision making and protection of the affected community. The following comments supplement Villa Balboa's prior, written comments and oral testimony on the Project. 1. The City Has Not Adequately Described or Analyzed "Option 4:' On the day of the April 16, 2008, City Council hearing, Hoag proposed to implement "Option 4" as a method to reduce the cogeneration plant's cooling tower plumes. Option 4 was Irvine Office Westlake Village Office 2030 Main Street, Suite 1200 2815 Townsgate Road, Suite 200 www.jdtplaw.com Irvine, California 92614 Westlake Village, Califomia 91361 t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087 Newport Beach City Council May 12, 2008 Page 2 not among the options evaluated by the City's consultant, Fluor Corporation ("Fluor "), and was not provided to the public prior to the hearing. Nevertheless, the City Council approved Option 4 as the sole mitigation for the significant visual impacts caused by the cogeneration plant's cooling tower plumes. Following the April 16 hearing, in an attempt to evaluate Option 4, we requested that the City provide a copy of all documents that relate to Option 4. In response, the City provided a short summary of Option 4 (copy attached) and told us that there were no other documents describing Option 4. The cursory summary provides no information to substantiate the operational changes, mitigation estimates, or cost projections, and no information for the City and the affected public to monitor and enforce Hoag's compliance with the measures. In short, the City Council's approval of Option 4, and rejection of other plume abatement mitigation measures evaluated by Fluor, is not supported by any evidence in the record. Additionally, in adding Option 4 to the Development Agreement, the City limited the operational changes to a five -month period, from November 1 through April 30, even though evidence was presented that Hoag's cooling tower plumes destroyed public views of fireworks from Sunset View Park on the Fourth of July. Even if Option 4 is the only feasible mitigation measure for the cooling tower plume impacts and can be implemented in an intelligible manner (both of which Villa Balboa disputes), it would not mitigate the visual impacts to the maximum extent feasible, as required by the California Environmental Quality Act ( "CEQA "). 2. The Site Plan Review Process is Inadequate. The Site Plan Review Process amendments proposed in Section IX of the Planned Community Development Criteria and District Regulations ("PC Text ") are inadequate to prevent a repeat of the errors that resulted in the significant, unmitigated impacts caused by the Hoag Project to date. The Site Plan Review process proposed by staff calls for only Planning Director review of projects on the Hoag campus that could result in significant visual impacts, emissions, or replacement of existing cooling towers. During the April 16 City Council hearing, staff repeatedly stated that the City failed to conduct the required environmental review before the cogeneration plant was constructed because staff did not know about the potential cooling tower plumes. Senior Planner Campbell explained that the City's planners were not qualified to determine the possibility that such plumes may be emitted. In light of Hoag's concealment of the cogeneration plant's potential adverse impacts from both the City and the Coastal Commission before the cogeneration plant was constructed, the Site Review Process must require Planning Commission review at a noticed public hearing in order to increase the likelihood that all potential adverse impacts will be identified and mitigated. Failure to do so will perpetuate a system that staff admits is flawed. Newport Beach City Council May 12, 2008 Page 3 3. In Reviewing the Project. the City Council Applied an Incorrect Leg!al Standard to the Cogeneration Plant. In reviewing the Project's compliance with the Development Agreement and considering the SEIR and Project approvals, the City Council incorrectly stated that it could not mitigate the adverse noise, emissions, and cooling tower plume impacts caused by the cogeneration plant. The City Council mistakenly concluded that Hoag had a "vested right" to maintain the cogeneration plant, and that the cogeneration plant was not part of the existing Project approvals. This is not the case. The error of the City Council's conclusion is revealed by staff's and Hoag's own testimony. For example, at the April 16 City Council hearing, Mr. Campbell discussed another structure that was constructed on the Hoag campus without the appropriate City approval. In that case, the City required Hoag to remove the facility. The City has the same authority to require removal or mitigation of the cooling tower plumes that were constructed in violation of the environmental review requirements of CEQA and the Development Agreement. Additionally, when Hoag objected to Councilman Rosansky's request to revise the PC Text to require City review of any project on the Hoag campus that will emit visible emissions, Hoag's attorney stated that the existing language of the Development Agreement is adequate to prohibit visible emissions without first obtaining City review and approval. (See Minutes of 4/16/08 City Council meeting). Hoag's cogeneration facility plainly violates the Development Agreement. Hoag has no "vested right" to maintain and operate the cogeneration plant in its current condition. In fact, the City Council has authority to unilaterally revoke the entire Development Agreement as a consequence of the violation. (Gov. Code, § 65865. 1.) The City Council incorrectly concluded that it lacked legal authority to mitigate the cogeneration plant's adverse environmental impacts over Hoag's objection. As a result of the City Council's error, the City imposed only those measures that Hoag would agree to. The recommended Project approvals fail to mitigate the noise, emissions, and cooling tower plumes to a below significant level. Instead of carrying out the City's obligation to impose all feasible mitigation measures to reduce adverse impacts to a below significant level, the City simply revised the proposed ordinances approving the Project to enhance Hoag's indemnification obligations to the City. We appeal to the City Council to properly exercise its legal authority for the benefit of the Newport Beach community adversely affected by Hoag's Project. 4. Conclusion. The affected public has been failed by the City's proceedings on Hoag's Project. There is no substantial evidence to support the City Council's findings in support of the SEIR certification, Project approval and statement of overriding considerations. On behalf of Villa Balboa, we respectfully request that the City Council take Agenda Item No. 6 off calendar and continue its final approval of the Project off - calendar to allow the time necessary to seriously Newport Beach City Council May 12, 2008 Page 4 evaluate the Project's adverse impacts and properly condition any approval to mitigate those impacts to the maximum extent feasible. Failure to do so exposes the City to having its approvals overturned, and risks inverse condemnation and other liability for residences within Villa Balboa rendered uninhabitable by the Project's unmitigated noise and other impacts. Hoag may be responsible for reimbursing the City's financial costs that result from approving the Project in violation of applicable laws, but the wasted City resources including staff time, and the damage to the public's confidence in its elected officials cannot be recovered as easily. Respectfully submitted, JACKSON DEMARCO TIDUS & PECKENPAUGH By: Michele A. Staples Attorneys for Villa Balboa Community Association w/ Attachment cc: Mr. Homer Bludau, City Manager* Mr. Jim Campbell, Planning Department* Robin Clauson, Esq., City Attorney* Dennis D. O'Neil, Esq., Counsel for Hoag* *Via Facsimile (w/ Attachment) Consulting + Engineering + Technology + Construction SYSKA f-1 ;NNI,:SS)' GROUP Consulting + Engineering + Technology + Construction - - -- Sl'SK1CSI \' \% SSY — -- - - - -. .._ -. - - -- GRDVP� I�_ u, r la, x �� s 1 { - ' �� l,I • . . -,¢ fpit IV�od'ilfia ,C ®.gen.Faciloty Er 'rati' F y F n� I:'1ts t rW .r a:f • e i" - T s •c it' � 1 k IHoag Memorial "Ho`spit`al Presiiyterran "`` ��t r � L _• Scope'ofWork � ' �"I ¢ _ s 5L ,P,ronuide CogenPlant� vueather. station (Option,1) - •Procure and mstallla commercial"weather station of a,quality;capab eTof identifying a1m "INEint,conditions necessary in documenting cogen and cooling tower operations „ Said -;Sys e m- to be tied..into fhepla"riticontrols in o;rd'er togm'`aximize automatic- r yu a- __ Nr " responses to.,p`revailing_weather conditions, assstingG }iFnLmanagimgrtheo.perational changes?a'ndt`load shifting, as well as providing "repports� a regulgt -i, asis 5 Operate tfe Cogen ~I?Iant in a thermal load' fo lowiingmanner us base -load manner. . a L4 Stage engine generators and absorption lchillersioffl'Iri�', ?. {reduce capacity Hof rryF eXistmg engines 33 °l0: redu.ction of load) In advanceY °ofio plMelconditions" m a t a`nticipafion-of a-targot 30 %0. reduction in plume °j,v,.o, ✓d�-� IFI x v'` LPP, 1 I1111r'zi i aytime hours imple-rnented during'wir ier most is,yfrom4 Nou 1j ttorApri 3'0 (Set °p.o.ints < 55 ;degrees Fahrenheit and 55 %,re,latiue; humidity) Set points . to be available for loperator adjustment based) on 'current cond'i.tioi�s :anal hlst'orical data. Documentation, of compliance report will be provided by Hoag annually. April 14. 200E - Z "' "5,2002 Syaks Hennessy G.up. Inc - Erginv.:,r no 4- 1"ect-mology m n; tib b"n, �4' , D' ul e tatt,^ -,, n Pruces s Establish PIU,me,,. c urtadmerntperiod Nov je mberAhro 'gh April (6 months)' 'D qylighthours Estbblish exT9fih- 'g cooling toAdr.heat rejection load as basel,, ! ,e.1 — Cooling tbwer:,.heat rejection,load (MBH), — (.nnfinct tnwpr nr-rr.F-nt r.Rn;;r.itv ApIl 16.2006 20D2 Svska Henmssy Group. oc Ru Cn-i�kjltirg -i. Erginc,.-.•r na I- T(IC-I'MolOgf 4. C'.OnStrk-'do- i - .._.M...___. -.. - Ap6l 16,2038 2002 SySka HInnessy &Wp. Im. 7 -4- Ergirw-r nu i- Technology -i- Consstrl..,�tilv Api! 16.2MO --'2002 SysM H.,,msy Gm.p. Inc. »� \� � � � \ \��� 2 \��� a, k yk�< �G^µ ,s 3� a" ? u 4 +l loom i `t � ne-2. � 9 ' a Verification of"P'r annual reports, of c station combined' Estimated Cos %x estimated at `$'500; annual cost of s 1 power from South. Cooling Towers installed on the log w Y Whlc� Convertiwr heat whit Water an R 50% O zrf �x r c The pl.urneis which `,- �bYl the- atmosphE Et Thempl -me`cc ... .. The cond ' "'b certain atmoe when theaer- Primarily in was for a-cc L%V,l 11 V" L VV LA,%;O 7 The exi.stihq --C-, c Durin the e''s,i( design team CO-4 -- i - - - - -1-- engineentig33 ,,00 - Factors Jinclude' 0 LOS's-of energy--- - Reductibn in,,,,p,lq, InGrOased no:lg-( No examples o' Significant Cos t No quarantee4- .. =µn 5; �:; y ` >,,< :... b .. �'4 � - gwou » W g h t; 1 - Modify'Cooling .. 10-1i5lo ` Tower Operation,] (note's]' 3! 'New Towers with' 7010 Y `Win's Plume Mitigation + recir System.. Per .(notes'8 and 9)', - tRlx 3A Hir Cooled Heat' - 50 %n ¢' Win - Exchanger System ,114 ; ;repi (notes 8 and 9); P.err aP,PI erici 1 err'. 4 Modify^Cogen_ _ Facilrty'.Operations (Incorporates option,l':for a 1 cumulative - t. N Cooling TOwie P h Option - - Description - - Appr' ` T Tirr No:_ . .- -- R Reduction m Plume, #� - 5. 13 I Ve Transition of Inpatient Pediatric Care to Children's Hospital of Orange County (CHOC) O &A O: Is it true that Hoag is closing its Pediatric Unit? A: Yes, Hoag will be closing the inpatient pediatric unit and transferring inpatient pediatric care to CHOC effective April 1, 2008. O. Why? A: We strive to provide the highest quality services to our community and understand that inpatient pediatric services may not be provided with the same capabilities that exist in our care of adults. Our Pediatric Unit maintains an average census of 1.5 patients daily, with many days in which no children are on the unit. We recognize that quality has much to do with volume and experience, so partnering with CHOC ensures children in our community will receive the highest level of care available. O: Will Hoag still treat children? A: Children will not be turned away from Hoag's Emergency Department (ED), and outpatient procedures will continue to be scheduled at Hoag's outpatient surgery locations (James Irvine, Hoag Outpatient Surgery Centers). However, inpatient care for pediatric patients will no longer be available. Hoag and CHOC will be working collaboratively to transfer patients in need of inpatient care to CHOC, most commonly in Orange but occasionally to Mission Viejo as well. Additional CHOC transport teams have been added to accommodate transfers from Hoag. O: What medical services will be made available to children because of the new Hoag -CHOC relationship? A: The coastal Orange County community will benefit from several Hoag -CHOC initiatives that are in progress as part of the expanded partnership: in fall 2008, a CHOC sub - specialty clinic will open at Hoag Health Center - Newport Beach with specialists in diabetes, endocrinology, orthopedics, asthma, cardiology, urology, neurology, general surgery, hematology and gastroenterology. A pediatric urgent care facility, Urgi -Kids, will also open at Hoag Health Center - Newport Beach. The telemedicine robot will continue to provide remote access to pediatric critical care specialists in our ED. O: What will Hoag do with the pediatric unit space? A: The rooms will continue to serve as overflow beds for inpatient medical and surgical patients as they are currently used now. O: How will Hoag nursing staff be affected? A: Because the unit is often without patients, it is not regularly staffed. Nurses who have worked on the pediatric unit split their time in other patient care areas and have been reassigned. Q: How will the closure affect pediatricians affiliated with Hoag? A: Hoag - affiliated pediatricians are aware of the partnership and have been working closely with both hospitals to ensure that the continuum of care is seamless between care providers. Q: How extensive is Hoag's relationship with CHOC? A: Hoag has always enjoyed a collaborative relationship with CHOC. At present CHOC physicians staff and administer Hoag's neonatal intensive care unit (NICU). CHOC provides NICU staff with educational and consultative resources in the areas of pharmacy, respiratory therapy, nursing and nutrition. The Hoag - CHOC expanded partnership will now extend from the ED to an outpatient sub- specialty clinic and pediatric urgent care center that will be located in Hoag Health Center - Newport Beach later this year. D 1 +R P1010t ,3`etvU r &rw: ?: ar:3 Wo Yz� iWesa !arty. ;w FBilt i�9�? .......... _, .......... ,_„_,,,,_,,,,,,,,,,,,_,,,,,_..,,.,,,,,,_,_„_,,,,_,,,,_,_,_, _,. ......... .... ,,,,_ „_,_,,,,. \} Published Wednesday, March 26, 2008 9:42 PM PDT �( Business l Hoag to cede young patients to CHOC Jy Hoag Memorial Hospital Presbyterian plans to phase out its inpatient services for children in April, but the Newport Beach hospital will also instate new services to bolster its pediatric care program. Richard Afable, the president and chief executive of Hoag, said the hospital would divert its X inpatient services for children younger than 16 to Children's Hospital of Orange County, I j better known as CHOC. Hoag has only nine beds for children, and Afable said only one or two of them are usually filled at any given time. The great majority of inpatients from our community are already being cared for at CHOC and have been for a long time, so that's the first thing that needs to be known,” said Afable, also a physician. 1 }� The hospital has set April 1 as a date to stop admitting inpatients younger than 16, but Afable said none already at Hoag would be transported to CHOC locations; any young J patients will remain at Hoag for the duration of their treatment. In the meantime. Hoag plans to bring in new services for children, including specialty .� physicians, urgent care services and emergency room physicians who perform telemedicine services by remote. "These are highly sought -after services that cities of 85,000 usually do not have," Afable said. — Michael Miller • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT April 22, 2008 Agenda Item 6 SUBJECT: Hoag Memorial Hospital. Presbyterian Master Plan Update (PA 2007 -073) One Hoag Drive, Newport Beach, California Certification of Final Supplemental Environmental Impact Report General Plan Amendment No. 2007 -005 Planned Community Development Plan Amendment No. 2007 -001 Development Agreement Amendment No. 2007 -001 APPLICANT: Hoag Memorial Hospital Presbyterian CONTACT: James Campbell, Senior Planner (949) 644 -3210 icampbelll(a)-city.newport- beach.ca.us • On April 16, 2008, after a public hearing, the City Council certified the Supplemental Environmental Impact Report and approved Hoag's application to amend the General Plan, Hoag Memorial Hospital Planned Community Development Plan, and Development Agreement. The Council made several modifications to the Planned Community Development Plan and Development Agreement amendment they have been incorporated within the attached ordinances. RECOMMENDATION A) Adopt Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001; and B) Adopt Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001. DISCUSSION The modifications to the Development Agreement amendment are: 1. Scheduling future Annual Reviews in April 2. Annual noise compliance reports • 3. Hoag payment of administrative costs for conducting Annual Reviews Hoag Master Plan Update April 22, 2008 Page 2 4. Reimbursement of costs to install groundcover and irrigation to an approximately • 0.47 acre, unimproved portion of Sunset View Park 5. Implementation of Option #4 to reduce heat rejection at the cogeneration plant cooling towers between November through April during specific atmospheric conditions. The modifications of the PC Text were: 1. Change to the definition of entitlement gross floor area requested by Hoag. 2. Change to require landscaping of rooftop parking or parking structures. 3. Inclusion of landscape provision and exhibits to mandate the installation and maintenance of additional landscaping in the Lower Campus (parking lot trees, Coast Highway landscape screen, etc.) 4. Expansion of the Site Plan Review hearing process to include the replacement ofcooling towers or any project that could generate emissions that could cause odors, air quality impacts or impact visual resources. This process requires a finding that these projects conform with the goals and objectives of the General Plan, Development Agreement, PC Text. Additionally, they must be found compatible with the community character and potential impacts would need to • be mitigated. Prepared By: Submitted by: 6fi . a es Campbell, Senior Pla ner David Lepo, I ning Director EXHIBITS (in the order they are referenced within the report) 1. Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001 2. Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001 • Exhibit #1 • ORDINANCE NO. 2008 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS (PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001). WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update that would apply to the 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach ( "Property "); and WHEREAS, the application seeks approval of an amendment to an existing Planned Community Development Plan that sets forth use, operational and development regulations for the Property and was approved by the City in 1992 by Ordinance No. 92 -3 and amended in 2002 by Ordinance No. 2002 -17 that implements the General Plan; and WHEREAS, the Planning Commission held a public hearing on January 31, • 2008, February 7, 2008, March 6, 2008, and March 20, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full administrative record. A notice of time, place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA 2007 -073); and WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on April 16, 2008, to consider the recommendation of the Planning Commission; and WHEREAS, the City Council finds that: • 1. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations provides suitable and adequate standards including those relating to uses, development limits, building height limits, setbacks, parking, landscaping, screening, signs, lighting, and noise control. 2. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is consistent with Municipal Code Section 20.35.050(C), which mandates the requirements of a Planned Community Development Plan. 3. The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is compatible with the objectives, policies, general land uses, and programs specified in the General Plan and does not create any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is, therefore, consistent with the General Plan. More specifically, the General Plan Policy LU 6.1 calls for, "A diversity of governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the • City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3-63 and 3 -64 (July 25, 2006). The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa, an adjacent residential community. 4. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. Final EIR No. _142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of • the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA • Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 5. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008 by adopting certain CEQA Findings of Facts and a Statement of Overriding Circumstances contained within Resolution No. 2008 -27, which are hereby incorporated by reference. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN • AS FOLLOWS: SECTION 1: Planned Community Development Plan Amendment No. 2007 -001 specked in the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (Exhibit A) is approved. Use and development of the Property shall conform to Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations. SECTION 2. To the fullest extent permitted by law, Hoag shall indemnify, defend and. hold harmless City, its City Council, its boards. and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or, indirectly) to City's approval of this Amendment to Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and /or the City's related California Environmental Quality Act determinations, the certification of. the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and /or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether • incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The • applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3: The amended Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations shall not go into effect until the City Council approves or adopts all of the following: (1) General Plan Amendment No. 2007 -005; and (2) Development Agreement Amendment No. 2007 -001. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , 2008, and adopted on the day of , 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS • ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK • n U 0 • HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted by the City Council City of Newport Beach Amendment No. 744 Ordinance No. 92 -3 May 26, 1"2 Amendment No. 2002 -001 Ordinance No. 2002 -17 August 27, 2002 Planned Community Development Plan Amendment No. 2007 -0001 Ordinance No. 2008 -9 April 22, 2008 FINAL_Hoag_PC_041808.DM 12 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations TABLE OF CONTENTS • Page Number I. INTRODUCTION ..................................................................... ..............................1 II. GENERAL NOTES ................................................................... ..............................2 III. DEFINITIONS ........................................................................... ..............................3 IV. DEVELOPMENT PLAN ........................................................... ..............................5 V. DISTRICT REGULATIONS .................................................... .............................10 VI. HOAG HOSPITAL SIGN PROGRAM .................................... .............................21 VII. HOAG HOSPITAL PARKING REGULATIONS ................... .............................23 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS ............. .............................24 IX. SITE PLAN REVIEW .............................................................. .............................27 • E FINAL_Hoag—PC_041808.DOC • u is Hoag Memorial Hospital Presbyterian Planned Conmmnity Development Criteria and District Regulations LIST OF EXHIBITS LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9 2. PARKING REQUIREMENTS ........................................................ .............................23 FINAL_Hoag_PC_09I 808 DOC Page Number 1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7 2. VEHICULAR ACCESS 8 3. DEVELOPMENT CRITERIA 14 4. PROPOSED SOUND WALL LOCATION PLAN 19 5. LOADING DOCK AREA LOCATION 20 6. LANDSCAPE MATRIX 31 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 32 8. COAST HIGHWAY LANDSCAPE SCREEN 33 LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9 2. PARKING REQUIREMENTS ........................................................ .............................23 FINAL_Hoag_PC_09I 808 DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital- related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the Lower Campus will be developed with predominantly outpatient uses, residential care and support services. r� U Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. • r, FINAL _HOa9_PC 041808.DOC Hoag Memorial Hospital Presbyterian Planned Conurwnity Development Criteria and District Regulations is IL GENERAL NOTES Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K -4 and K -5 regarding paleontological and archaeological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements or the requirements of the California Office of Statewide Health Planning and Development as applicable. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. • 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. 7. Excluding communications devices.on the Upper Campus, new mechanical appurtenances on building rooftops and utility vaults on the Upper and Lower Campuses shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be designed utilizing compatible architectural materials on the Lower Campus. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. J 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall commence within thirty (30) days of the completion of grading. FINAL Hoag_PC_041808.DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations III. DEFINITIONS Building Elevation: 1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2. A flat scale drawing of the front, rear, or side of a building. Building Envelope: The volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: 1 �J 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; . • 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy; and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and all elements thereof. Grade: For the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or • FINAL_Hoag_PC_041808.DOC 3 Hoag Memorial Hospital Presbyterian Planned Com minity Development Criteria and District Regulations • alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) 2. Natural - the elevation of the ground surface in its natural state before man -made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require twenty -four (24) hour or more stays. Landscape Are a: The landscape area shall include on -site walks, plazas, water, rooftop landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: A reference or datum mark treasuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: Hospital patient services which do not exceed twenty -four (24) hours. Residential Care: Medically- oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: For the purpose of determining development area: 1. Gross -parcel area prior to dedications. • 2. Net - parcel area after dedications. • Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. FINAL_Hoag PC_04180&DOC 4 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IV. DEVELOPMENT PLAN Project Characteristics The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential developments to the west. The Lower Campus is located north of West Coast Highway, south of the Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603 square feet of land, encumbered by a roadway easement. The Lower Campus adjoins the Upper Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards inpatient functions, while the Lower Campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown on the Development Plan for the Upper Campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. CJ Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the Upper Campus. Exhibit 2, vehicular Access, shows the internal circulation for Hoag Hospital. • The Development Plan does not specify building locations or specific hospital- related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. The maximum allowable building area for Hoag Hospital, which encompasses both the Lower Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a maximum allowable building area limit: the maximum allowable building area for the Upper Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is 577,889 square feet. Table 1, Builc6'ng Area Statistical Analysis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Project Specific Approvals Hoag has acknowledged that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR." The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a Supplemental EIR for the Master Plan Update (SCH #1991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing • FINAL_14oag_PC 041808.DOC 5 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations • obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental documentation is.required if this analysis reveals environmental impacts not fully addressed in the program EIRs, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIRs. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. • • FINAL_Hoa &_PC 041 BOSMOC UPPER CAMPUS Note: Buildings labeled for identiRwtlon purposes only SCALE: P-200' PLANNED COMMUNITY SITE AND BOUNDARY MAP EXHIBIT 1 IAL HOSPITAL PRESBYTERIAN REVISED 7 LEGEND • PRIMARY ACCESS (SI(INALIZED) SECONDARY ACCESS PRIMARY ROADWAYS SECONDARY DRMAYAND SEMICE No* Bwldkolabew foe wentmmu" Purpom only M 91AN 2"04MUM Mcome" "ONA twAs Alm QW lip cam NORTH 100 0 too 2w SCALE: 11-200' OU-2007 REVISED 01.22..08 R Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAXIMUM ALLOWABLE. 1,343,238 SQUARE -FEET ' As of the date of adoption. Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus 3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square-feet will not • • exceed 1,343,28 square -feet • FINAL_Hoag_PC 041808.D0C 9 Maximum Allowable Net Allowable Site Area Building Area Existin t Remaining 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft. 990,349 sq. ft.2 r4 a U 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. ft. 577,889 sq. ft. O 1,618,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. ft.3 O ' As of the date of adoption. Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus 3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square-feet will not • • exceed 1,343,28 square -feet • FINAL_Hoag_PC 041808.D0C 9 Hoag Memorial Hospital Presbyterian Planned Community Depelopment Criteria and District Regulations • V. , DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories are not an exhaustive list. Other hospital- related uses which fit into the five (5) permitted use categories are allowed. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review and approval of the Planning, Building, Public Works, and Fire Departments. A. Permitted Uses 1. Lower Campus a. Hospital facilities, including, but not limited to: (1) Out! (a) (b) (c) (d) (e) • ( (g) (h) (i) G) (k) (1) (m) (n) (o) (p) (9) (r) (s) (t) (u)' (v) (w) (x) (Y) (z) (aa) (bb) • (cc) FINAL_H0a9-PC_"1808D0C ratient services: Antepartum Testing Cancer Center Skilled Nursing Rehabilitation Surgery Center Clinical Center Day Hospital Back and Neck Center Biofeedback Breast Imaging Center Dialysis EEG/EMG/NICE Laboratory First Aid Center Fertility Services G.I. Laboratory Magnetic Resonance Imaging Neurology Nuclear Medicine Occupational Therapy Pediatrics Pharmacy Physical Therapy Pulmonary Services Radiation Therapy Respiratory Therapy Sleep Disorder Center Speech Therapy Ultrasound Urgent Care 10 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services (3) Support Services: (a) Employee Child Care (b) Health Education (c) Power/Mechanical/Auxiliary Support and Storage (d) Food Services (e) Cashier (f) Chapel/Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop 0) Laboratory (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities° (o) Engineering/Maintenance (p) Shipping/Receiving (q) Microwave, Satellite, and Other Communication Facilities (4) Residential Care: (a) Substance Abuse (b) Mental Health Services (c) Extended Care (d) Hospice Care (e) Self or Minimal Care (f) Congregate Care (5) Medical/Support Offices `Parking structures or decks do not cant toward square - footage Fa4AL_Haa&-PC_041808.D0C I I • • • C� J • Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations b. Methane gas flare burner, collection wells and associated system components. C. Accessory uses normally incidental to hospital development. d. Temporary structures and uses, including modular buildings. 2. Upper Campus a. Hospital facilities, including, but not limited tw (1) Inpatient uses including, but not limited to: (a) Critical Care (b) Emergency Department (c) Birthing Suites (d) Cardiology (e) Cardiac. Care Unit (f) Intensive Care Unit (g) Mother/Baby Unit (h) Surgery (i) Laboratory 0) Pharmacy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit) b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. • s Does not count toward square- footage F1NAL_Hoeg_PC_041808.DOC 12 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations B. Prohibited Uses 1. Lower Campus a. Emergency Room b. Heliport C. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy 2. Upper Campus a. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3, Development Criteria Plan, which establishes the following height zones: Upper Campus Tower Zone - maximum building height not to exceed the existing tower which is two- hundred thirty-five (235) feet above mean sea level. • 2. Upper Campus Mid -rise Zone - maximum building height not to exceed one- • hundred forty (140) feet above mean sea.level. 3. Upper Campus Parking Zone - maximum building height not to exceed eighty (80) feet above mean sea level, exclusive of elevator towers. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated by the development criteria shown on Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center which is fifty -seven and one -half (57.5) feet above mean sea level. r� FINAL _HOag_PC_041808.DOC 13 0 ry 4 3w r oo�o Hoag Memorial Hospital Presbyterian Planned Conrnwnity Development Criteria and District Regulations U D. Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -foot minimum building setback. 2. The setback on West Coast Highway easterly of the hospital entry signal shall be fifteen (15) feet. In addition, vertical articulation shall be required for buildings easterly of the signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: 1st Floor: Up to eighteen (18) feet in height no additional articulation is required. a If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor, up to thirty -two (32) feet in height: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of twenty (20) feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of twenty-five (25) feet. The setback on West Coast Highway westerly of the hospital entry signal shall be forty -five (45) feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: 1st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. • FINAL_ Hoag_PC041808.DOC 15 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations • 2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of fifty -five (55) feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of sixty-five (65) feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than two - hundred fifty (250) linear feet in width. Additionally, 20% of the linear frontage within one - hundred fifty (150) feet of West Coast Highway shall be open and unoccupied by buildings. 10% of the linear length of Height Zones A and B as viewed from the existing bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered, for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. 3. There will be no building setbacks along the westerly boundary of the Lower Campus (adjacent to the municipal parking lot at Superior and West. Coast • Highway). 4. A twenty (20) foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty- five (25) foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. • A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Lightine The lighting systems shall be designed and maintained in such a manner as to shield the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be designed and screened to blend into the building roof using materials compatible with roofing materials. MAL_Hoag—PC 041808DOC 16 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations r-I LJ G. Signs All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parkin All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. I. Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential. properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after • 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times. Night. time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to issuance of required permits. To the maximum degree feasible, the sound wall shall be constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to reduce the noise levels in the Loading Dock Area shall be incorporated into the design and operations of the hospital; such mitigation shall include relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor. r� LJ FINAL_ Hoag-PC_041808.DOC 17 r Hoag Memorial Hospital Presbyterian Planned Commmnity Development Criteria and District Regulations M. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading Dock Area Location, for the location. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7AM -10 PM IOPM -7AM Daytime Nighttime Leq (15 min) 65 dBA 55 dBA 2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt from applicable noise standards as listed above. Vehicle idling shall be prohibited on West Hoag Drive and within the loading dock areas, except that refrigerated vehicles may idle while at the loading docks when refrigeration is necessary. In addition, the grease pit cleaning which is exempt from the City Noise •. Ordinance as a maintenance activity shall occur on a Saturday between the hours of 11:00 Alva and 3:00 PM. C� MNAL_Hoag-PC_041808DOC 18 X LEGEND . Existing Fence — — Property Cfk r :: Easetfient Line \ tyC+d 18S High Wak \ IfIgh Wall 1I "High Wall ....:' . 14'IighWall 0 i' NOTE Sound Wall height measured from adjacem roadway surface. aG \' sp 5 i Aa -ir � •7�'•2�� vX1��2 —. X ry j. o\ �U r ti :> 0 X y o? \ L i G � b, ` ♦ a .. ♦. s i V' - V , u SOUND WALL SECTION LOCATION PLAN HOAG MEMORIAL HOSPITAL PRESOMWERIAN March 25, 2008 Exhibit #4 19 0 40 so 0 F- IL • LEGEND PROPERW LINERS IDENTIRED IN SEMONRL, DISTRICT REGULATIONS LOADING DOCKAREA AS MENTIRED IN SECTION M.2., DISTRICT REGULATIONS -M Nom: SWIdWab"forLdoOteatfonpurposmonly • UPPER CAMPUS ctNUCnws NORTH 100 0 100 200 SCALE:10-2001 OFAM Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations • VI. HOAG HOSPITAL SIGN PROGRAM A. .Purpose and Intent The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on- building wall and ground- mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on- building, may be illuminated or non - illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. • 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 1 10 -L. For purposes of this section, a building shall be defined as any occupied structure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for way finding purposes. Individual building numbers uniquely define the buildings on the Hoag campus. C. Number of Signs Allowed One (1) double -faced primary identification ground- mounted sign or two (2) single -faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (1% feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a project • FMAL_Hoap PC_041808.DOC 21 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations • boundary perimeter wall, subject to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Primary entrance identification shall be allowed at the main entrance to the facility and at the main entrance to the Emergency Department. If freestanding, this sign type shall not exceed a maximum height of eight (8) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed seventy (70) square feet. 3. Secondary building and entrance identification signs shall be allowed. If freestanding, this sign type shall not exceed a maximum height of nine (9) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid- point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed fifty (50) square feet whether freestanding or wall - mounted. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single- faced, double- faced, or triple -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum height of eleven (11) feet average height above finished grade. • 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy -five (175) square feet for donor recognition signage. 6. Hospital identification signs shall be allowed upon hospital towers, one (1) at each elevation. The maximum sign area shall not exceed two hundred seventy - five (275) square feet. Any hospital identification signage on the elevation facing west (Villa Balboa property line) may not be illuminated. • 7. On the Lower Campus, two (2) building- mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa Balboa property. Such signs shall adhere to the requirements above for secondary building and entrance identification signage and shall be no higher than the roof line of the building upon which they are mounted. 8. Each public parking structure shall be allowed one (1) identification sign above each entrance and exit of the structure. The maximum sign area of each identification sign shall not exceed thirty (30) square feet. Adjacent regulatory parking signage does not count toward the maximum sign area. F1NAL_Hoa9_PC_041808.D0C 22 Hoag Memorial Hospital Presbyterian Planned Corn ntty Development Criteria and District Regulations VII. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off - street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. 3. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements have been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Off - Street Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon the area allocated to the use categories. Use Category Outpatient Services Support Administrative Residential Care Medical Offices TABLE 2 PARKING REQUIREMENTS Parking. Requirements . 2.31 spaces/1,000 square feet (1) 0.0 spaces/1,000 square feet (1)(2) 5.3 spaces/1,000 square feet (1) 1.0 spaces /1,000 square feet (3) 4.0 spaces/1,000 square feet (3) Inpatient 2.35 spaces /1,000 square feet (1) (1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001 for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542. (2) Support Services generates parking demand that is accounted for in one of the other categories. (3) . Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991. FINAL _Hoag—PC _041808.DOC 23 11 • • Hoag Memorial Hosp &al Presbyterian Planned Community Development Criteria and District Regulations • VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General 1. Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures. Trees shall not be used, however planter boxes, green roof treatments or trellis systems shall be designed to provide added visual relief of parking structures. All rooftop or top of parking structure landscaping proposals shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than twenty -four (24) inch box size. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (l) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. • 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 0 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 7. Emphasis shall be placed on the use of native, drought- tolerant, non - invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over - watering. 8. Installation and maintenance of landscape, screening and irrigation systems per Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on landscape and irrigation plans to be reviewed and approved by the Planning Department and which shall be in substantial compliance with the Exhibits #6, #7 and #8. Hoag shall complete all of the improvements within the timelines set forth in Exhibit 46. FQJAL_140ag_PC_041808.DOC 24 Hoag Memorial Hospital Presbyterian Planned Comnarnlry Development Criteria and District Regalations • B. Maintenance 1. All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly. 3. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program, 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. 7. Plantings and irrigation are to be maintained in accordance with the approved • plans. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right -of- way /property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Installed trees are to be no smaller than twenty -four (24) inch box. D. Villa Balboa Landscape Zone The area between the Hoag property line and the sound wall will be referred to as the Villa Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific landscape process to ensure consultation with Villa Balboa on the planting and maintenance of the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent feasible or replaced with specimen plant material as designated on a plan to be approved by the Planning Director after consultation with the Villa Balboa Community Association. The plan shall also include sufficient additional landscaping to screen or soften the soundwall required • FINAL_Heag—K- 041808.DOC 25 Hoag Memorial Hospital Presbyterian planned Community Development Criteria and District Regulations • pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the, completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. • E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations.. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program may be developed for parking structures and shall be subject to the review and the approval of the Newport Beach Planning Department. FINAL_Mmg- PC_041808.DOC 26 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IX. SITE PLAN REVIEW • A. P se The City Council finds that development on the Lower Campus of Hoag Hospital may have the potential to affect the aesthetics of the community. The effect of this section is to establish a Site Plan Review requirement for certain individual projects to insure that these projects conform with the goals and policies of the General Plan, the provisions of this Planned Community Development Plan, the Development Agreement and the standards set forth below in sub- section F. The following classifications of projects are subject to the Site Plan Review: Planning Commission review: Any project that differs from setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. Planning Director's review: Any project that could have the potential to generate emissions that could have an impact to visual resources. 2. Any project that could have the potential to generate emissions creating objectionable odors or other impacts to air quality. • 3. Replacement of existing cooling towers, except for casualty. B. Findvnes The City finds, determines and declares that the establishment of Site Plan Review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new structure or the addition to an existing structure which does not conform to the provisions of Section V.D.2. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped areas, • FINAL _Hoag—PC _041808.DOC 27 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations • signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off -street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. 2. A landscape plan, drawn to scale, showing the locations of existing trees (proposed to be removed and proposed to be retained); and indicating the amount, type, and location of any landscaped areas, planting beds and plant materials with adequate provisions for automatic irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties: 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with • the purposes of this chapter. E. Fee • The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. Standards In addition to the general purposes set forth in sub - section A, in order to carry out the purposes of this chapter as established by said section, the Site Plan Review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: F1NA1_Hoag_PC_041808.DOC 28 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dstrid Regulations 1. The development is in compliance with all other provisions of the Planned • Community Development Criteria and District Regulations (P -C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. 5. Potential impacts shall be mitigated to less than significant levels. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less. than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent • addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property, It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty -one (21) days following the Commission action thereon unless, within the twenty -one (21) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty -one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, • FINA1_HoaB_PC_041808.DOC 29 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. I. Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty -one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. Action by the City Council An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Expiration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty -four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval • the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with. • Hearing. The Planning Commission shall hold a he4ring on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. 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WHEREAS, during the term of the amended Development Agreement, Hoag Memorial Hospital Presbyterian shall have a vested right to develop the Property subject to the terms and conditions of the amended Development Agreement, the provisions of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations and the California Environmental Quality Act (CEQA); and WHEREAS, Hoag Memorial Hoapital Presbyterian has agreed to provide public benefits as consideration for the amendment of the Development Agreement, including the payment of three million dollars ($3,000,000) for City public facility improvements, designation of the City as the point of sale for hospital purchases; and WHEREAS, the Planning Commission held a public hearing on January 31, • 2008, February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the • Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full administrative record. A notice of time, place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007 -001 (PA 2007 -073); and WHEREAS, pursuant to Section 15.45 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on April 16, 2008, to consider the recommendation of the Planning Commission; and . WHEREAS, the City Council has reviewed and considered the information in the amended Development Agreement and in the full administrative record, and found that: • 1. The Development Agreement Amendment is entered into pursuant to, and constitutes a present exercise of, the City's police power. 2. The Development Agreement Amendment is in the best interests of the health, safety, and general welfare of the City, its residents, and the public. 3. The Development Agreement Amended is compatible with the objectives, policies, general land uses, and programs specked in the General Plan and does not create any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations is therefore consistent with the General Plan. More specifically, the General Plan Policy LU 6.1 calls for, "A diversity of governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3 -63 and 3 -64 (July 25, 2006). The Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District • Regulations is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa. 4. The Development Agreement Amendment is consistent with Newport Beach Municipal Code section 15.45.040 and includes all the contents required for development agreements by the City of Newport Beach. 5. The Development Agreement Amendment is consistent with provisions of state law (California Government Code Sections 65864- 65869.5) and local law (Municipal Code chapter 15.45) that authorize binding agreements that: (i) encourage investment in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen the public planning process and encourage private implementation of the local general plan; (iii) provide certainty in the approval of projects in order to avoid waste of time and resources; and (iv) reduce the economic costs of development by providing assurance to the property owners that they may proceed with projects consistent with existing policies, rules, and regulations. More specifically, the Development Agreement Amendment is consistent and has been approved in accordance with provisions of California Government Code Section 65867 and Municipal Code Chapter 15.45. 6. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. • Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 7, A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts. of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008 by adopting certain CEQA Findings of Facts and a Statement of Overriding Considerations contained within Resolution No. 2008 -27, which are hereby incorporated by reference. C� J 8. The Development Agreement Amendment provides significant public benefits to the • City of Newport Beach. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The amendment of the existing Development Agreement between Hoag Memorial Hospital Presbyterian and the City of Newport Beach (Development Agreement Amendment No. 2007 -001) is approved. SECTION 2. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and • court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment to Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and /or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3 :.The Development Agreement Amendment shall not go into effect until the City Council approves or adopts all of the following: (1) General Plan Amendment No. 2007 -005; and (2) Planned Community Development Plan Amendment No. 2007 -003. • • SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , 2008, and adopted on the day of , 2008, by the following vote, to wit: LJ ATTEST: CITY CLERK • AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 71ITTIT190 RECORDING REQUEST BY, AND WHEN RECORDED MAIL TO: City Clerk City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 EXEMPT FROM FILING FEES CAL. GOVT CODE S 6103 (Space above this line for Recorder's use) AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 BETWEEN HOAG MEMORIAL HOSPITAL PRESBYTERIAN AND THE CITY OF NEWPORT. BEACH (Pursuant to California Government Code Sections 65864- 65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved April 22, 2008 Ordinance No. 2008 -10 A FINAL Amendment to Restated DevelopmentAgreementNo 5.D0C • • AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 • (Hoag Memorial Hospital Presbyterian) THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ( "Amendment ") is entered into and effective on the date it is recorded with the Orange County Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag "). RECITALS 1. The "RECITALS" to the Restated Development Agreement are amended to add new Sections 1.9 through Section 1.19(f) to read as follows: 1.9 Hoag Property. Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit `B" (the "Property "). 1.10 Hoag Healthcare Services. Hoag is a modern, state -of- the -art acute care, not - for - profit hospital providing a comprehensive • mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institute, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical programs in many other specialties. 1.11 Hoag-Community Benefit Programs. In addition to providing state -of -the -art hospital, diagnostic imaging and emergency room care medical services, Hoag is involved in many other community benefit programs such as police and SWAT team, fire department and paramedic support services, designating the City as the point of sale for major hospital equipment purchases and construction projects, providing financial and transportation support for the City's senior Oasis Center, and providing methane gas flare bumoff to mitigate methane gas fumes along Pacific Coast Highway. Hoag's comrttunity medicine program allocates approximately $10 million annually toward improving the community's overall health, primarily through .disease prevention and wellness and health promotion, especially for those vulnerable and disadvantaged populations. • 1.12 EIR No. 142 and P.C. Text. On May 26, 1992, the City Council of City ( "City Council ") certified the Hoag Hospital FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC I Master Plan Final EIR No. 142 and adopted the Hoag Memorial Hospital Presbyterian Master Plan ( "Hoag Master Plan") and the • Planned Community Development Criteria and District Regulations ( "P.C. Text ") setting forth the development standards and terms and conditions by which the Property may be developed, including the maximum permissible building area, building height limits and permitted land uses. 1.13 Square Footage of Buildable Area. Under the existing Hoag Master Plan and P.C. Text, the Property allows a total of 1,343,238 square feet of buildable area with 577,889 square feet allocated to the Lower Campus and - 765,349 square feet allocated to the Upper Campus. 1.14 Development Agreement No. 5. On May 26,1992, the City Council adopted Ordinance No. 92 -4 approving Development Agreement No. 5 between the City and Hoag incorporating the Hoag Master Plan and P.C. Text and granting vested rights to Hoag to develop the Property pursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on August 4, 1993 as Instrument No. 63- 0522236. 1.15 Restated Development Agreement. On February 14, 1994, the City Council of City adopted Ordinance No. 94 -8 approving an Amendment and Restatement of Development Agreement No. 5 ( "Restated Development Agreement ") incorporating certain .provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Restated Development Agreement was recorded in the Official Records of Orange County, California on March 23, 1994 as Instrument No. 94- 0207276. 1.16 First Amendment to P.C. Text. On August 13, 2002, the City Council adopted Ordinance No. 2002 -17 approving the First Amendment to the P.C. Text to provide that certain non - occupied building areas are not counted towards the maximum permissible building floor areas for development of the Property. 1.17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's Noise Element in the General Plan and Noise Ordinance. It is • proposed that noise generated and originating from the Property be governed by the City Noise Ordinance with certain exceptions. FINAL _Amendmmtto Restated DevelopmentAgreement No 5.DOC 1.18 Noise Attenuation. Hoag has taken significant actions • to attenuate noise generated from mechanical equipment and has installed landscape screening and walls to mitigate and buffer noise and improve aesthetic impacts for adjacent residential properties. 1.19 Restated Development Agreement Amendments. The City and Hoag propose to further amend the Restated Development Agreement by this Amendment to incorporate references to: a Supplemental EIR; an amendment to the City General Plan; an increase in the Public Benefits; designation of the City as the point of sale to the extent allowed under applicable law; and amendments to the Hoag Hospital Planned Community Text ( "P.C. Text') to, among other things: (a) eliminate the reference to 1.0 Floor Area Ratio ( "FAR ") for the Upper Campus and the .65 FAR for the Lower Campus in the General Plan Land Use Element. In place of the reference to the FAR's, an absolute maximum allowable building area of 1,343,238 square feet will remain available for development of the entire Property comprised of the Upper Campus and the Lower Campus; • (b) maintain a cap under the General Plan Land Use Element Amendment for development of the Lower Campus at 577,889 square feet (if no square footage is reallocated) and establish a cap on development of the Upper Campus at 990,349 square feet (if all 225,000 square feet are reallocated from the Lower Campus to the Upper Campus); (c) allow the transfer of up to 225,000 square feet of buildable area from the Lower Campus to the Upper Campus, which, if all 225,000 square feet are reallocated, would result in a maximum allowed density of 990,349 square feet for the Upper Campus and a reduction to permit 352,889 square feet of allowable development for the Lower Campus; (d) to modify the noise standards applicable to the Property; (e) delete a provision that required the City and Hoag to conduct a study of possible future improvements in and around the easterly end of the • Semeniuk Slough, including a requirement that Hoag FINAL_Amendmenito RestatedrlevelopmentAgreementNo SDOC 1 3 fund the study and potential future improvements in • an amount not to exceed $200,000; and (f) incorporate the Second Amendment to the P.C. Text. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 1.5 of the Restated Development Agreement entitled Planning Commission/City Council Hearings is amended to read as follows: "1.5 Planning Commission/City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5, 1991, January 9, 1992, January 23, 1992, February 6, 1992 and February 20, 1992. The City Council conducted public hearings on the Master Plan, this Agreement and the EIR on March 23, 1992, March 3 0, 1992, April 13, 1992 and May 11, 1992. The Planning Commission, after giving appropriate notice, held a public hearing to consider this Amendment, the Supplemental • EIR; the General Plan Amendment, and the Second Amendment to the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008 and March 20, 2008. The City Council conducted a public hearing on this Amendment, the Supplemental EIR, the General Plan Amendment and the Second Amendment to the P.C. Text on April 22, 2008" 2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "1.8 City Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 94 -8 approving a Restated Development Agreement No. 5 incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Adopting Ordinance became effective on March 16, 1994. On April 22, 2008, the City Council adopted Ordinance No. 2008 -10 approving this Amendment and authorizing the City to enter into this Amendment. The adopting ordinance will become effective on May 22, 2008.» • FINAL_Amendmentto Restated DevelopmentAgmementNo 5.DOC Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance • is amended to read as follows: "2.1 The "Adopting Ordinance" refers to City Ordinance No. 94 -8, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. "Adopting Ordinance" further refers to Ordinance No. 2008 -10 adopted on April 22, 2008 by the City Council, which approved and authorized the City to enter into this Amendment." 4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended to read as follows: "2.2 "Agreement" refers to the "Restated Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian," and this Amendment." 5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to read as follows: "2.13 The "EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach, and Supplemental Environmental Impact Report No. 142." • 6. Section 2.23 of the Restated Development Agreement entitled Master Plan is amended to read as follows: "2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C "), as amended." 7. Section 3 of the Restated Development Agreement entitled Conditions to Development is amended to add a new paragraph after Subsection (f) to read as follows: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." 8. Section 3.3 of the Restated Development Agreement entitled Program EIR is amended to read as follows: "3.3 Program EIR. Hoag acknowledges that the EIR is a "Program EIR" and includes Supplemental Environmental Impact Report No. 142. The EIR analyzes the impacts of construction phased over time and, pursuant to CEQA, City is under a continuing • obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the request were FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC fully addressed in the EIR. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully • addressed in the program EIR, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIR. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA." 9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is amended to read as follows: "4.1 Right to Develop. Subject to compliance with the provisions of Sections 3 and 8.2, Hoag shall have a vested right to develop and receive Project Specific Approvals for construction on the Property to the full extent permitted by the Master Plan, as amended. Subject to the provisions of Sections 3 and 8, City shall only take action which complies with and is consistent with the Master Plan, as amended, the Restated Development Agreement and this Amendment unless Hoag otherwise consents in writing. Subject to this Subsection, City shall have the authority to impose only those Exactions which are specifically described in this Agreement, except as expressly required (as opposed to permitted) by state or federal law." • 10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is amended to read as follows: `.`5.2 Public Hearing. The Annual Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code. Annual reviews should be scheduled in April of each year." 11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is amended to read as follows: "5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or • building on, the Property as of the date of the Annual Review. Hoag FINAL_Amendmentto Restated DenlopmentAgminen[No 5.DOC 6 shall pay the City administrative costs incurred in conducting Annual • Reviews." 12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to delete Subsection (c), which reads as follows: "(c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trials and the potential for those trails to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. As a part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that may be permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public • interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." 13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as follows: "(d) City and Hoag acknowledge and agree that the Restated Development Agreement and this Amendment confer private benefits on Hoag that should be balanced by commensurate public benefits in favor of the City. Accordingly, the City and Hoag intend to provide consideration to balance the private and public benefits by the imposition of a Development Agreement Fee, which fee shall be used to reimburse the City for public improvements in the area and to fund certain additional needed public improvements identified by the City. Hoag shall pay to the City a Development Agreement Fee of Three Million Dollars ($3,000,000). Payment of one -half of the Development Agreement Fee of $1..5 million shall be made upon the Effective Date of this Amendment. Payment of the remaining one -half of the Development Agreement Fee of $1.5 million shall be paid to City 12 months from the Effective Date of is this Amendment or at the time of issuance of the first building permit by the City for development of a project on the Upper Campus as FINAL_ Amendment to Restated DevelopmentAgreementNo 5.DOC 7 provided in Exhibit "C" attached to this Amendment, whichever occurs earlier. • The first $1.5 million of the Development Agreement Fee shall be used to reimburse the City and/or pay for the costs associated with the following projects: (i) construction of the Superior Avenue medians extending from Ticonderoga Street to Dana Road; (ii) construction of the right -turn pocket for southbound Newport Boulevard to westbound Hospital Road; and (iii) funding of the operational improvements and traffic signal upgrade at the Hospital Road and Placentia intersection ( "Priority Public Improvements "). Construction of the first two Priority Public Improvements listed above occurred during 2007, and the third is anticipated to occur in 2008. The City shall be obligated to pay the actual cost difference, if any, for construction of these Priority Public Improvements. However, if there are any funds remaining after construction of the Priority Public Improvements is completed, the City may retain the funds to be used for other City projects or services that benefit the public. The City shall also have the sole authority to decide the design, cost and scope of the Priority Public Improvements and the sufficiency of City's performance on the Public Improvement Projects shall not be subject to Hoag's approval. The balance of the Development Agreement Fee ($1.5 million) and • any funds remaining after the construction of the Priority Public . Improvements shall be used by the City in the City's sole discretion to offset costs associated with other City and community projects or services that benefit the public such as, among other things, public parks (for example, Sunset View Consolidated Park), landscaping improvements adjacent to public right of ways, sound abatement programs, public buildings, public road improvements, water quality improvements, law enforcement, fire fighting, emergency preparedness and other public safety facilities." 14. A new section, Section 8.3, shall be added to the Restated Development Agreement entitled Sales/Use Tax Origin, to read as follows: "83 Sales/ Use Tax Origin (a) Hoag will. include in its general contractor construction contract a provision that Hoag's general contractor and subcontractors, to the extent allowed by applicable law, will obtain a Board of Equalization sales /use tax subpermit for the jobsite at the Project Property and allocate all eligible sales • and use tax payments for individual contracts over $5 million to the City. Hoag will provide Hoag's general FRJAL_Amendment to Restated DevelopmentAgreementNo S.DOC contractor and subcontractors with the name and contact information of the City's Revenue Manager and notice of the Revenue Manager's availability to meet and confer with them on the implementation of the Board of Equalization sales /use tax subpermit procedures. Hoag will further include a notice in its general contractor construction contract that prior to beginning a qualified construction project, the general contractor and subcontractors are encouraged to meet with the City's Revenue Manager to review the process to be followed with respect to sales and use taxes. Hoag will further include a provision in its general contractor construction contract that the general contractor or subcontractors will certify in writing that the person(s) responsible for filing the tax return understands the process of reporting the tax to the City and will follow the guidelines set forth in the relevant sections of the Sales and Use Tax Regulations. Hoag shall not be responsible for failure of Hoag's general contractor or subcontractors to follow the procedures set forth in this Section. Hoag, if readily available, shall provide to the City or any City designated representative the names, addresses, phone numbers and contact name of the general contractor and all subcontractors. (b) Hoag will continue to follow the Direct Payment Permit Process established in the Revenue and Taxation Code and use the permit for all qualifying individual purchases in excess of $100,000 so that the local share of its sales /use tax payments is allocated to the City as the point of sale. (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hoag and shipped to Hoag's Newport Beach location may also be eligible for direct allocation of sales /use tax to the City. Upon request of the City, Hoag will provide City on a semi - annual basis with a list of purchases exceeding the $100,000 threshold during the preceding six -month period, including the amount of the purchase and, if readily available, the name and contact information for the vendor upon request by the • City. The City agrees to review the semi - annual list of purchases made by Hoag and advise Hoag of any FINAL_Amendmentto Restated DevelopmentAgreementNO 5.DOC 9 missed opportunities for direct allocation. Hoag agrees to file its Direct Payment Permit with vendors • identified by the City in an effort to improve die direct allocation of the local share of sales /use tax payments in fixture periods." 15. A new section, Section 8.4, shall be added to the Restated Development Agreement entitled Sunset View Park Improvements, to read as follows: "8.4 Hoag shall reimburse the City up to $ 150,000 for the installation of groundcover, shrubs and irrigation systems within the unimproved portion of Sunset View Park and Superior Avenue, approximately 20,500 square feet in area, located northerly of the cogeneration building. Reimbursement to the City shall be within 30 days of Hoag receiving an invoice from the City." 16. A new section, Section 8.5, shall be added to the Restated Development Agreement entitled Cogeneration Plant Energy Curtailment, to read as follows: "8.5 Hoag shall install a weather station capable of identifying ambient conditions necessary in documenting cogeneration plant and cooling tower • operations. The weather station shall be tied into the cogeneration plant controls in order to maximize automatic responses to prevailing weather conditions, assisting in managing the operational changes and load shifting, as well as to provide periodic reports on plant operations. Hoag shall not construct or erect additional cooling towers within the Hoag Lower Campus. Hoag shall reduce the effective heat rejection by 33% at the existing cooling towers and such reduction shall be measured from a baseline (to be measured at the cooling towers) of operating three existing generators and absorption chillers at 100% of design capacity. This reduced capacity operation shall be implemented daily between November 1st and Apri130t", between the hours of 7:00 AM and 7:00 PM when the relative humidity is equal to or above 60% and when ambient temperatures are equal to or less than 55 degrees Fahrenheit. • FINAL_ Amendment to Restated DevelopmentAgreementNO 5.DOC 10 17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby • amended to delete: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8d' Floor P.O. Box 19613 Irvine, CA 92713 - 9613" and to add: "with a copy to: Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 with a copy to: Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614 - 7321" 18. A new Section 11.17 shall be added to the Restated Development Agreement as follows: • "11.17 Indemnification/Hold Harmless. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and.expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment, including, but not limited to, the approval of the Planned. Community Text and/or. the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limitedto, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Hoag shall pay to the City upon • demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition." FINAL_Amendmen[ro Restated DevelopmentAgeementNo SDOC 11 19. Exhibit C of the Restated Development Agreement shall incorporate the First Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C • entitled: "HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission March 20, 2008 Adopted by the City Council City of Newport Beach Ordinance No2008 -10 April 22, 2008" 20. Except as provided for in this Amendment and not otherwise superseded by this Amendment, the provisions set forth in the Restated Development Agreement, all of the other terms, conditions, provisions and exhibits of the Restated Development Agreement continue to have full force and effect as provided therein and this Amendment shall constitute an integral part of the Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and • are incorporated into this Amendment in full by this reference. 21. In the event there is any conflict between any provision of the Restated Development Agreement and this Amendment, the later approved and recorded document shall prevail in interpretation, operation and implementation. 22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the effective date of adoption of the Ordinance approving this Amendment. [Signature page follows] r-1 LJ FINAL—Amendment to Restated DevelopmentAgreementNo 5.DOC 12 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to • Development Agreement No. 5 to be binding as of the Effective Date. CITY: • 0 ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney THE CITY OF NEWPORT BEACH, a municipal corporation of the State of California By: Edward D. Selich, Mayor OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation UA Richard F. Afable, M.D. President and CEO (All Signatures to be Notarized) FMAL_Amendmentto Restated DeveloDmentAgreementNo S.DOC 13 STATE OF CALIFORNIA ) • ) ss. COUNTY OF ORANGE ) On before me, I a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he/she /they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC 14 • is n LJ • STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , before me, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, , allotary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same in (his/her /their) authorized capacit(- y /- ies)', and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public [SEAL] • FINAL—Amendment to Restated DevelopmentAgreement No 5.130C 15 EXHIBIT A • LEGAL DESCRIPTION The subject property is the following real property in the City ofNewport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block I of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block I of Irvine Subdivision, as shown on a map recorded in book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. • • FINAL_Amendmentto Restated DevelopmemAgreement No 5.DOC A -1 m r. tC! 1 i A E Upper Campas cu ` a NGt PDddt ♦ PAR ppp tt t ar Ntisic(d� iw of SLK 410wsr Cpi7t[iui PARCEL ''- -T"r "` AWAVW ARV i ti gin � � ,wR•rw ax I L�: r ,o ter; qty HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted by the City Council City of Newport Beach Amendment No. 744 Ordinance No. 92 -3 May 26,1992 Amendment No. 2002 -001 Ordinance No. 2002 -17 August 27, 2002 Planned Community Development Plan Amendment No. 2007 -0001 Ordinance No. 2008 -9 April 22, 2008 FINAL_H0a�PC_041808.D0C INA • r1 U • LJ • Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations TABLE OF CONTENTS I. INTRODUCTION ........................ ............................... II. GENERAL NOTES ...................... ............................... III. DEFINITIONS .............................. ............................... IV. DEVELOPMENT PLAN .............. ............................... V. DISTRICT REGULATIONS ........ ............................... VI. HOAG HOSPITAL SIGN PROGRAM ....................... VII. HOAG HOSPITAL PARKING REGULATIONS...... VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS IX. SITE PLAN REVIEW .................. ............................... FINAL_Hoag—K 041808.DOC Page Number .. ..............................1 ... ..............................2 ... ..............................3 ... ..............................5 . .............................10 .. .............................21 . .............................23 .. .............................24 . ..............................2 7 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations • LIST OF EXHIBITS Page Number 1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7 2. VEHICULAR ACCESS 8 3. DEVELOPMENT CRITERIA 14 4. PROPOSED SOUND WALL LOCATION PLAN 19 5. LOADING DOCK AREA LOCATION 20 6. LANDSCAPE MATRIX 31 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 32 8. COAST, HIGHWAY LANDSCAPE SCREEN 33 • LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS ................ ..............................9 2. PARKING REQUIREMENTS ........................................................ .............................23 • FINAL_Hoag_PC_041808.DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations • I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital - related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the Lower Campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing • building codes. • FINAL_Hoap Pc_ 001808.DOC FFoag Memorial Hospital Presbyterian Planned.Community Development Criteria and District Regulations II. GENERAL NOTES • I. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K -4 and K -5 regarding paleontological and archaeological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements or the requirements of the California Office of Statewide Health Planning and Development as applicable. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. • 7. Excluding communications devices on the Upper Campus, new mechanical appurtenances on building rooftops and utility vaults on the Upper and Lower . Campuses shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be designed utilizing compatible architectural materials on the Lower Campus. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall commence within thirty (30) days of the completion of grading. FINAL_11039.1`C 041808.npC L J Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regula8ons • III. Building Elevation: I. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2. A flat scale drawing of the front, rear, or side of a building. Building Envelope: The volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: I. Area of a building utilized for stairwells and elevator shafts on levels other than the first • level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; • 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy;and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and all elements thereof. Grade: For the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or FINAL_Hoag_PC_041808.DOC 3 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations alteration of existing developments. (Grades may be worked into buildings to allow for • subterranean parking.) 2. Natural - the elevation of the ground surface in its natural state before man -made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays. Landscape Area: The landscape area shall include on -site walks, plazas, water, rooftop landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours. Residential Care: Medically- oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: For the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. Streets: Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. FNAL_ Hoag-PC _041808.DOC 4 • • Hoag Memorial Hospital Presbytertan Planned Community Development Criteria and District Regulations • IV. DEVELOPMENT PLAN Project Characteristics The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential developments to the west. The Lower Campus is located north of West Coast Highway, south of the Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603 square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards inpatient functions, while the Lower Campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown on the Development Plan for the Upper Campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the • Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital - related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. • The maximum allowable building area for Hoag Hospital, which encompasses both the Lower Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a maximum allowable building area limit: the maximum allowable building area for the Upper Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is 577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Protect Specific Approvals Hoag has acknowledged that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR." The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Master Plan Final Program FIR (Final EIR No. 142) and a Supplemental EIR for the Master Plan Update (SCH #1991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing FINAL _Hoag_PC_041808.DOC Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dutric! RegulatiwIs obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental • impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIRs, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIRs. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. • • FINAL_Haag—PC_041808.DOC • 0 UPPER CAMPUS 1 qD WALRQAD Note: Buildings labeled for identification purposes only PLANNED COMMUNITY SITE APIA 8 HOAG MEMORIAL HOSPITAL PRESE SCALE: V-200' 7 l�J LEGEND t_ ! �D FIOSPAAL ROAD PRIMARY ACCESS (SIGNALIZED) i gg � uwoArvE � '�71 s�sRRTMUC� l_ �J SECONDARY ACCESS �,...�. PRIMARY ROADWAYS iowrcroorxxtu�mrevmrai —, kc� 1`�S J: 1 SECONDARY DRIVEWAY AND SERVICE \1 nroeur3Raruwx ' .) rap a i ,,1 - - �IGIfW 19526WL0010 f MAW LOADING DOCK 210 VIE y✓/ \ .. . '•1 p 210 W11EIANE 230 EW& �� 2- �.U�� $ONN xORG DRIVF� x r tyj �} 270 FWMfluNE� lo nL > PAR)MG t t sacs % ' li. � J 45URi,�R�NG t ° .. � 641Rrp0E� � r(pF Note: Buildings labeled for Identification purposes only NORTH ,.100 0 100 200 SCALE:1" =200' REVISED • • Hoag Menwrial Hospital Presbyterian Planned Community Depelopment Criteria and District Regulations TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET As of the date of adoption. 2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus • ' Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL_140ag.K_041808.DOC 9 Maximum Allowable Net Allowable Site Area Building Area Existin r Remaining U 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft. 990,349 sq. ft.z w rn U 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. ft. 577,889 sq. ft. O a F 1,618,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. ft. ,1,343,238 sq. ft.3 O As of the date of adoption. 2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus • ' Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL_140ag.K_041808.DOC 9 Hoag Memorial Hospital Presbyterian Planned Commtmity Development Criteria and Dishict Regulations • V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories are not an exhaustive list. Other hospital- related uses which fit into the five (5) permitted use categories are allowed. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review and approval of the Planning, Building, Public Works, and Fire Departments. A. Permitted Uses Lower Campus a. Hospital facilities, including, but not limited to: (1) Outpatient services: (a) Antepartum Testing (b) Cancer Center (c) Skilled Nursing (d) Rehabilitation (e) (f) Surgery Center Clinical Center • (g) Day Hospital (h) Back and Neck Center (i) Biofeedback 0) Breast Imaging Center (k) Dialysis (1) EEG/EMG/NICE Laboratory (m) First Aid Center (n) Fertility Services (o) G.I. Laboratory (p) Magnetic Resonance Imaging (q) . Neurology (r) Nuclear Medicine (s) Occupational Therapy (t) Pediatrics (u) Pharmacy (v) Physical Therapy (w) Pulmonary Services (x) Radiation Therapy (y) Respiratory Therapy (z) Sleep Disorder Center (aa) Speech Therapy (bb) Ultrasound (cc) Urgent Care • FINA1_Haag-PC_o41808.D0C 10 r� u • Hoag Memorial Hospital Presbyterian Planned Comnwtuly Development Criteria and District Regulations (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services (3) Support Services: (a) Employee Child Care (b) Health Education (c) Power/Mechanical /Auxiliary Support and Storage (d) Food Services (e) Cashier. (f) Chapel /Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop 0) Laboratory (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities (o) Engineering/Maintenance (p) Shipping/Receiving (q) Microwave, Satellite, and Other Communication Facilities (4) Residential Care: (a) Substance Abuse (b) Mental Health Services (c) Extended Care (d) , Hospice Care (e) Self or Minimal Care (f) Congregate Care (5) Medical/Support Offices ° Parking structures or decks do not count toward square- footage FINAL Hoe&_PC 041808.DOC II Hoag Memorial Hospital Presbyterian Planned Community Dvvelopmenl Criteria and District Reguladom b. Methane gas flare burner, collection wells and associated system components. C. Accessory uses normally incidental to hospital development. d. Temporary structures and uses, including modular buildings. 2. Upper Campus a. Hospital facilities, including, but not limited to: (1) Inpatient uses including, but not limited to: (a) Critical Care (b) Emergency Department (c) Birthing Suites (d) Cardiology (e) Cardiac Care Unit (1) Intensive Care Unit (g) Mother/Baby Unit (h) Surgery (i) Laboratory 0) Pharmacy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit)5 b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular.buildings. s Does not count toward square- footage FINAL_Hoag-PC_041808.DOC 12 u • • • • • Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations B. Prohibited Uses Lower Campus a. Emergency Room b. Heliport C. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy 2. Upper Campus a. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3, Development Criteria Plan, which establishes the following height zones: I. Upper Campus Tower Zone - maximum building height not to exceed the existing tower which is two- hundred thirty -five (235) feet above mean sea level. 2. Upper Campus Mid -rise Zone - maximum building height not to exceed one - hundred forty (140) feet above mean sea level. 3. Upper Campus Parking Zone - maximum building height not to exceed eighty (80) feet above mean sea level, exclusive of elevator towers. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated by the development criteria shown on Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center which is fifty -seven and one -half (57.5) feet above mean sea level. FINAL_Hoag— 041808.DOC 13 LEGEND Hmmzm UPPER CAMPUS ZONES TOWER ZONE- MAXIMUM BUILDING HEIGHT 2U' ABOVE MEAN SEA LEVEL MIDRISE ZONE- MAXIMUM BUILDING HEIGHT 140' ABOVE MEAN SEA LEVEL F77PARKING ZONE- MAXIMUM BUILDING HEIGHT BWABOVE MEAN SEA MO. EXCLUSIVE OF ELEVATOR TOM LOWER CAMPUS ZONES O LOWER CAMPUS ZONE- SUB- AREAS A. B, C, F. AND G- NO BUILDING SHALL EXCEED THE HEIGHT OF THE 03MG SLOPE OR THE RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED Bwt ww Ws Ana SUB -AREAS D AND E- MAXIMUM BUILDING HEM FQ Lmcu sAr OF NAM0 57.5 FEETABOVE MEAN SEA LEVEL x1mh1l ABOpE PAOeosm o"m 72 mm R m nutter - i — 8� �m � su ww AVEMM SLOPE EOATMN 910 PA(9S L" 280CA"V" 0� 32" J)". WAY Oaw Note: Buildings lab" for identfficalion purposes only DEVELOPMENT CRITERIA PLAN p. NORTH 100 0 100 2GO SCALE:I"-200' 0 REVISED 0 14 % 280CA"V" 0� 32" J)". WAY Oaw Note: Buildings lab" for identfficalion purposes only DEVELOPMENT CRITERIA PLAN p. NORTH 100 0 100 2GO SCALE:I"-200' 0 REVISED 0 14 • Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations D. Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -foot minimum building setback. 2. The setback on West Coast Highway easterly of the hospital entry signal shall be fifteen (15) feet. In addition, vertical articulation shall be required for buildings easterly of the signal within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: is 1st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. r� 2nd Floor, up to thirty-two (32) feet building frontage shall be articulated in 2nd floor setback of twenty (20) feet. in height: A minimum of 20% of the such a manner as to result in an average 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of twenty -five (25) feet. The_ setback on West Coast Highway westerly of the hospital entry signal shall be forty -five (45) feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within one - hundred fifty (150) feet of the West Coast Highway frontage, as follows: 1st Floor: Up to eighteen (18) feet in height no additional articulation is required. If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. FINAL_ HoaLPC_041808.130C 15 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regaladons 2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the • building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of fifty -five (55) feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of sixty -five (65) feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than two - hundred fifty (250) linear feet in width. Additionally, 20% of the linear frontage within one - hundred fifty (150) feet of West Coast Highway shall be open and unoccupied by buildings. 10% of the linear length of Height Zones A and B as viewed from the existing bicycle /pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. 3. There will be no building setbacks along the westerly boundary of the Lower Campus (adjacent to the municipal parking lot at Superior and West Coast Highway). • 4. A twenty (20) foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty - five (25) foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. A ten (10) foot building setback from the property line shall be provided along Hospital Road.. E. Li htin The lighting systems shall be designed and maintained in such a manner as to shield the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Minor rooftop equipment, necessary for operating purposes, will comply with all building height criteria, and shall be designed and screened to blend into the building roof using materials compatible with roofing materials. • FINAL_HOa9_PC 041808.DOC 16 is Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations G. KM All signs shall be as specified under the Hoag Hospital Sign Program, Part V1. H. Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. I. Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VII I J. Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after • 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times. Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L� L. Loadine Dock The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to issuance of required permits. To the maximum degree feasible, the sound wall shall be constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to reduce the noise levels in the Loading Dock Area shall be incorporated into the design and operations of the hospital; such mitigation shall include relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor. FINAL _Hoag—PC _041808.DOC 17 Hoag Memoriat Hospital Presbyterian Planned Community Development Criteria and District Regulations is M. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading Dock Area Location, for the location. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7AM —IOPM IOPM -7AM Daytime Nighttime Leq (15 min) 65 dBA 55 dBA 2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt from applicable noise standards as listed above. Vehicle idling shall be prohibited on West Hoag Drive and within the loading dock areas, except that refrigerated vehicles may idle while at the loading docks when refrigeration is necessary. In addition, the grease pit cleaning which is exempt from the City Noise is Ordinance as a maintenance activity shall occur on a Saturday between the hours of 11:00 AM and 3:00 PM. • FMAL Hoa_PC_P918D8.DOC 18 LEGEND e Y ` Existing Fence. lkyi Property Easement lane.. , 18.51 High WalA, - `' High Wall J+ t 1 "High Wall Ar11v 2�1 14' ,41 iigliWall NOTE Sound Wall height measured from adjacent roadway surface. +F \ `... F W' G \ / f 1 w B . '- �►N 16 1\5 y t a b_ X ccws' X —_ _._._ —.,.. a. ��� ��tv,c h, A, ,% ✓dam, z � r.y \W SOUND WALL SECTION LOCATION PLAN Exhibit #4 Ts HOAG MEMORIAL HOSPITAL PRESBYTERIAN INarchu, zoos 0 40 so UPPER CAMPUS 20 I • Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VI. HOAG HOSPITAL SIGN PROGRAM A: Purpose and Intent The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on- building wall and ground - mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on- building, may be illuminated or non - illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be mounted as is • appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110 -L. 5. For purposes of this section, a building shall be defined as any occupied structure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for way finding purposes. Individual building numbers uniquely define the buildings on the Hoag campus. C. Number of Sbzns Allowed r � L_J One (1) double -faced primary identification ground- mounted sign or two (2) single - faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a project FINAL_HOag PC_041808.DOC 21 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations boundary perimeter wall, subject to the same number and area maximums • described above. This sign may also occur as part of an entry gateway system. 2. Primary entrance identification shall be allowed at the main entrance to the facility and at the main entrance to the Emergency Department. if freestanding, this sign type shall not exceed a maximum height of eight (8) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed seventy (70).square feet. 3. Secondary building and entrance identification signs shall be allowed. If freestanding, this sign type shall not exceed a maximum height of nine (9) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid- point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed fifty (50) square feet whether freestanding or wall - mounted. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single- faced, double - faced, or triple -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum height of eleven (1 l) feet average height above finished grade. • 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy -five (175) square feet for donor recognition signage. 6. Hospital identification signs shall be allowed upon hospital towers, one (1) at each elevation. The maximum sign area shall not exceed two hundred seventy - five (275) square feet. Any hospital identification signage on the elevation facing west (Villa Balboa property line) may not be illuminated: 7. On the Lower Campus, two (2) building- mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa Balboa property. Such signs shall adhere to the requirements above for secondary building and entrance identification signage and shall be no higher than the roof line of the building upon which they are mounted. 8. Each public parking structure shall be allowed one (1) identification sign above each entrance and exit of the structure. The maximum sign area of each identification sign shall not exceed thirty (30) square feet. Adjacent regulatory parking signage does not count toward the maximum sign area. • FINAL_Hoag— K- 041808DOC 22 • • E Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regularions VII. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off - street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements have been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Off Street Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon the area allocated to the use categories. Use Category Outpatient Services Support Administrative Residential Care Medical Offices TABLE 2 PARKING REQUIREMENTS Parking Requirements 2.31 spaces/1,000 square feet (1) 0.0 spaces /1,000 square feet (1)(2) 5.3 spaces/1,000 square feet (1) LO spaces /1,000 square feet (3) 4.0 spaces /1,000 square feet (3) Inpatient 2.35 spaces /1,000 square feet (1) (1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001 for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542. (2) Support Services generates parking demand that is accounted for in one of the other categories. (3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991. FINAL—Hoag-PC 041808DOC 23 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS • A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures. Trees shall not be used, however planter boxes, green roof treatments or trellis systems shall be designed to provide added visual relief of parking structures. All rooftop or top of parking structure landscaping proposals shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than twenty-four (24) inch box size. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure • automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. Emphasis shall be placed on the use of native, drought - tolerant, non - invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over - watering. 8. Installation and maintenance of landscape, screening and irrigation systems per Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on landscape and irrigation plans to be reviewed and approved by the Planning Department and which shall be in substantial compliance with the Exhibits #6, #7 and #8. Hoag shall complete all of the improvements within the timelines set forth in Exhibit #6. • FINAL_Hoag.PC_041808.D0C 24 Hoag Memorial Hospital Presbyterian Planned Commmnity Development Criteria and District Regulations B. Maintenance 1. All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly. 3. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program. 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be, corrected within thirty (30) days. • 7. Plantings and irrigation are to be maintained in accordance with the approved plans. r� C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right -of -way /property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Installed trees are to be no smaller than twenty -four (24) inch box. D. Villa Balboa Landscape Zone The area.between the Hoag property line and the sound wall will be referred to as the Villa Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific landscape process to ensure consultation with Villa Balboa on the planting and maintenance of the. area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent feasible or replaced with specimen plant material as designated on a plan to be approved by the Planning Director after consultation with the Villa Balboa Community Association. The plan shall also include sufficient additional landscaping to screen or soften the soundwall required FINAL_HOag— 041808.DOC 25 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the • extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach Planning Department. A rooftop landscaping program may be developed for parking structures and shall be subject to the review and the approval of the Newport Beach Planning Department. • • FINAL_ Hoag_PC_041808.DOC 26 Hoag Memorial Hospital Presbyterian Planned Con nity Development Criteria and District Regulations • IX. SITE PLAN REVIEW A. Pu se The City Council finds that development on the Lower Campus of Hoag Hospital may have the potential to affect the aesthetics of the community. The effect of this section is to establish a Site Plan Review requirement for certain individual projects to insure that these projects conform with the goals and policies of the General Plan, the provisions of this Planned Community Development Plan, the Development Agreement and the standards set forth below in sub - section F. The following classifications of projects are subject to the Site Plan Review: Planning Commission review: Any project that differs from setback, horizontal and vertical articulation requirements. as set forth in Section V.D.2. Planning Director's review: Any project that could have the potential to generate emissions that could have an impact to visual resources. 2. Any project that could have the potential to generate emissions creating • objectionable odors or other impacts to air quality. 3. Replacement of existing cooling towers, except for casualty. B. Findings The City Finds, determines and declares that the establishment of Site Plan Review procedures contained in this section promotes the health,. safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new structure or the addition to an existing structure which does not conform to the provisions of Section V.D.2. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: 1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped areas, FINAL_HOa9_PC_041808.DOC 27 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations signs, fences and walks. The plot plan shall show the location of entrances and • exits, and the direction of traffic flow into and out of off - street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. 2. A .landscape plan, drawn to scale, showing the locations of existing trees (proposed to be removed and proposed to be retained); and indicating the amount, type, and location of any landscaped areas, planting beds and plant materials with adequate provisions for automatic irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. • E. Fee The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. Standards Iu addition to the general purposes set forth in sub - section A, in order to carry out the purposes of . this chapter as established by said section, the Site Plan Review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: \J FQJAL_Haa9_ 041808.DOC 28 Hoag Memorial Hospital Presbyterian Planned Comrmtnity Development Criteria and District Regulations I. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streeiscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. 5. Potential impacts shall be mitigated to less than significant levels. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the • last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. is A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty -one (21) days following the Commission action thereon unless, within the twenty -one (21) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty -one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, FINAL_Hoag PC_041808.DOC 29 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations unless the applicant consents to an extension of time. The City Council may affirm, reverse or • modify the decision. Such action by the City Council shall be final. Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty-one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. J. Action by the City Council An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Expiration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. • 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the. conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation. of the Planning Commission. is FINAL_HM9- PC_041808.DOC 30 • • _ x �C Location Area Descdption Landscape Element Schedule Govemment/Agency Anticipated Status Outcome 7 Effect A405,<T[oaw gfopn screen roves aml new Nw Mp]InsblkE P� getl -Waged 6s -romps n sieas. West Anne t -Ca Con Additional tree PlanOng nealpn and Of Ce fen Building Kr come"', nguwl .... _.- FrommH PEd 3.< P Wt vwgmsn screen lttes and mea Imgalioe To surnmencra lnala mmpalum le Court C^mm, FpgoVetl ]JOB tiro vutenng WCOC>rn Fw3 -. CO spa edlbrelbm pcand, 2000 Fe W pn mmomndy reeueae Al dd..atN9reen sormism YX Slrvviumm To mmranm May NO. Y re ransomer species ricnshe Add green eveon ea5l4uiaim"aMaOAOn ' ^slay Cangelbn Ny ]ppB, Covsbl Comm Approved ]AM Co can Buying Area -LO Gen lamm Por aapnMM To mmmenea Mr, 8009. h resume 6 Mont 9owging Vines m mwf gmen sovM Irew completion Jul, Cowl Comm. A,,. 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AV F-am %n% * cab? 22 HOAG LOWER CAMPUS IMPROVEMENTPLAN Exhibit #7 D I - pi�-, ... ......... • • • 32 South Entry Ddve MON - PCH LANDSCAPE SCREEN Hoag:Memanal Hospital Presbytedan N."w Beech;C0. Exhibit 98 83 oai 14/2008