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RESOLUTION NO. PC2020-026 <br /> <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING TO THE <br />CITY COUNCIL APPROVAL OF A FOURTH AMENDMENT TO <br />THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN <br />DEVELOPMENT AGREEMENT (DA2020-003) FOR THE <br />PROPERTY LOCATED AT 1 HOAG DRIVE (PA2020-065) <br /> <br />THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br /> <br />SECTION 1. STATEMENT OF FACTS. <br /> <br />1. On February 14, 1994, the City Council of the City of Newport Beach (“City”) adopted <br />Ordinance No. 94-8 approving Restated Development Agreement No. 5 (“Agreement”) <br />between the City and Hoag Memorial Hospital Presbyterian (“Hoag”). Ordinance No. 94-8 <br />went into effect on March 16, 1994. The Agreement was executed and recorded, as <br />document number 94-0207276, on March 23, 1994. The term of the Agreement was twenty- <br />five (25) years. <br /> <br />2. On May 13, 2008, the City Council adopted Ordinance No. 2008-10 approving an <br />amendment to the Development Agreement (“Amendment”) that went into effect on June <br />12, 2008. The Amendment was executed and recorded, as document number <br />2008000289321, on June 17, 2008. <br /> <br />3. On March 12, 2019, the City Council adopted Ordinance No. 2019-6 approving a second <br />amendment to the Agreement (“Second Amendment”) that went into effect on April 11, <br />2019. The Second Amendment was executed and recorded, as document number <br />2019000188999, on June 3, 2019. The Second Amendment to the Agreement extended <br />the Term of the Agreement for an additional six (6) months. <br /> <br />4. On July 23, 2019, the City Council adopted Ordinance No. 2019-12 approving a third <br />amendment to the Agreement (“Third Amendment”) that went into effect on August 22, <br />2019. The Third Amendment was executed and recorded, as document number <br />2019000318392, on August 27, 2019. The Third Amendment extended the Term of the <br />Agreement for an additional ten (10) years in exchange for certain community public <br />benefits provided by Hoag. The existing development regulations and required mitigation <br />measures as provided in the Agreement and subsequent amendments remained <br />unchanged by the Third Amendment. <br /> <br />5. Hoag has requested a fourth amendment to extend the Term of the Agreement an additional <br />one (1) year in light of COVID-19-related impacts that have constrained the ability to plan <br />for the development allowed by the Agreement as amended (“Fourth Amendment”). The <br />existing development regulations and required mitigation measures as provided in the <br />Agreement and subsequent amendments remain unchanged by this Fourth Amendment. <br /> <br />6. Section 15.45.040 (Development Agreements) of the Newport Beach Municipal Code <br />(“NBMC”) requires that development agreements include the term, permitted uses, density <br />and intensity of development, maximum height and size of proposed buildings, and <br />DocuSign Envelope ID: 48F9FA45-6366-476B-AA08-126D2467C0DB