HomeMy WebLinkAbout05_Hoag Development Agreement Review_PA2009-084COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 10, 2017
Agenda Item No. 5
SUBJECT: Annual Review of Hoag Development Agreement (PA2009-064)
1 Hoag Drive
APPLICANT: Hoag Memorial Hospital Presbyterian
PLANNER: Rosalinh Ung, Associate Planner
949-644-3208, runp(a)newportbeachca.00v
ZONING DISTRICT/GENERAL PLAN
• Zone: PC 38 (Hoag Hospital)
• General Plan: PI (Private Institutions)
PROJECT SUMMARY
An annual review of Development Agreement No. 5 for Hoag Memorial Hospital
Presbyterian, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1
of the California Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find the annual review is exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory
Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3;
3) Receive and file the Annual Report of Development Agreement for Hoag Memorial
Hospital Presbyterian (Attachment No. ZA 3); and
4) Find that the applicant has demonstrated good faith compliance with the terms of
Development Agreement No. 5.
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Annual Review of Development Agreement No. 5 (PA2009-064)
Zoning Administrator August 10, 2017
Page 2
Section 15.45.080 of the Municipal Code requires the City to periodically review
development agreements to determine if the applicant has complied with the terms of the
agreement. This review should be conducted at least once every 12 months and occurs
in April pursuant to the development agreement.
The applicant is required to demonstrate good faith compliance with the terms of the
agreement, and should the Zoning Administrator find that the applicant has not complied
in good faith with the terms of the agreement; the Zoning Administrator should refer the
matter to the City Council.
Background
Development Agreement No. 5 (DA) was signed in 1994, and it relates to the long-term
development and expansion of Hoag Memorial Hospital Presbyterian (Hoag). In May
2008, the DA was amended to allow the hospital to increase the intensity of future
development on the upper campus with a commensurate reduction in intensity of future
development on the lower campus. The Hoag Planned Community Development Plan
was also amended in 2008 to reflect the amended DA and to require additional landscape
screening improvements and noise mitigation. The term of the agreement has always
been twenty-five (25) years and it expires in 2019. The 1994 DA and the 2008 amendment
are available online at: http://www.newr)ortbeachca.gov/developmentagreements.
The last annual review hearing was conducted on September 29, 2016. The Zoning
Administrator found Hoag to be in good faith compliance with the Development
Agreement. Hoag was instructed to work with representatives of Villa Balboa to address
the condition of landscape screening of the Co -Gen Plant and noise. Hoag was directed
to submit a report within 90 days (by December 29, 2016) on the landscaping and noise.
On December 22, 2016, Hoag provided a report as directed (Attachment ZA 2) that
addressed the following items:
• Co -Gen Plant Green Screen — three additional trees and two additional vines were
installed to address a bare wall area of the Co -Gen Plant. One large planter with
additional vines with drip irrigation was added on the second level to provide more
immediate coverage of the upper levels of Co -Gen Plant.
• Noise Mitigation for Central Plant — variable speed pumps and fans were adjusted
to reduce the industrial "whine" of the equipment. Noise -reducing materials were
installed around two condenser pumps. Hoag continues to monitor noise and
evaluate feasible measures to further reduce noise at the direction of their noise
consultant Arup.
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Annual Review of Development Agreement No. 5 (PA2009-064)
Zoning Administrator August 10, 2017
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• Noise Mitigation for Co -Gen Plant — door seals at the second level were replaced.
Supply fans were adjusted and re -programmed to reduce their speed and noise at
night. Hoag continues to monitor noise and evaluate feasible measures to further
reduce noise.
The Zoning Administrator reviewed and accepted the submitted interim report
Annual Review
On April 18, 2017, Hoag submitted its 2017 Development Agreement Annual Review
Report (Attachment ZA 3) without a noise compliance report.
On May 19, 2017, Hoag submitted a noise report prepared by Arup Noise Consultant.
Staff reviewed and provided comments to Hoag on May 25, 2017. A revised report was
submitted on June 15, 2017, and can be found in Section 2 of the Development
Agreement Annual Review Report (Attachment ZA 3).
A summary of the Development Agreement Annual Review Report is as follows.
1. Project Status Report (Section 1 of the Annual Review Report):
A project status report includes various updates on the status of mitigation measure
compliance and construction activities within the past year. Construction this past year
has largely been limited to interior improvements with no significant new construction or
expansion of buildings within the Hoag campus. A list of improvement projects and
mitigation measure compliance is provided in the Project Status Report Section within
Attachment ZA 3.
2. 2017 Acoustical Measurement Test Report (Section 2 of the Annual Review Report):
A summary of the June 15, 2017, Annual Noise Report prepared by ARUP Noise
Consultant is as follows:
A. Nighttime noise measurements were taken at adjacent properties of Versailles and
Villa Balboa to document the 2016/17 levels. Daytime measurements were not
conducted as previous year's measurements have suggested that mechanical
equipment is not audible above ambient noise conditions.
B. Mechanical equipment atop the ancillary building and west tower (previously
mitigated) were not modified and operations have been maintained. The main
loading dock and dietary loading dock operations remain the same. During the
2016 annual review, these noise -generating aspects of Hoag operations were
found in compliance with applicable standards, and as a result, no measurements
were taken this year given no noticeable change or expansion in operations.
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Annual Review of Development Agreement No. 5 (PA2009-064)
Zoning Administrator August 10, 2017
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C. Co -Gen Plant in proximity to residences at Villa Balboa
1. The Arup report shows that exterior noise measurements are in compliance
with the 50 db(A) nighttime standard.
2. The Arup report shows that interior noise to the most effected unit can exceed
the nighttime 40 db(A) standard. These levels were measured in the bedroom
of the unoccupied unit, which was unfurnished, and with a sliding door fully
open. Arup indicated that interior furnishings will reduce noise levels and the
door should have been closed to perform the test. Arup has indicated to staff
that had the door been closed, the interior noise would have been below the
interior standard.
D. Upper Central Plant near the residences at Versailles Condominiums:
1. Exterior noise measurements can exceed the exterior nighttime 50 db(A)
standard, depending on the location of measurements. Compared to the
previous years' measurements, there has been a reduction between 3 to 5
db(A). These reductions have been achieved by the installation of additional
sound attenuating materials, upgraded equipment, and operational changes
that have been implemented over the last six months. Operating the plant at a
reduced capacity has led to the greatest improvement.
2. Hoag and Arup are currently investigating and implementing additional noise
abatement measures including adding acoustic louvers to the boiler room and
modifying the cooling towers and pumps. These additional measures have the
potential to bring these levels into compliance.
3. Co -Gen Weather Plume Report (Section 3 of the Annual Review Report):
Hoag continues to operate the Co -Gen facility in concert with the weather station to
reduce the water vapor plume from the cooling towers. Plume reduction protocols
continue to operate between 7 a.m. and 7 p.m. starting November 1, 2016 through March
31. 2017.
4. Lower Campus Landscaping Areas (Section 4 of the Annual Review Report):
The submitted photos show 2016 and 2017 conditions of various areas of the lower
campus. On-going maintenance and increased watering has resulted in improved
coverage and health of all the plantings. The Co -Gen green screen wall has finally been
adequately implemented through a combination of the raised planters, additional vines,
care, and watering. Staff found each of the landscape areas in compliance and has no
ongoing concerns about landscaping. Hoag needs to continue their efforts going forward.
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Annual Review of Development Agreement No. 5 (PA2009-064)
Zoning Administrator August 10, 2017
Page 5
Since the last annual review, Code Enforcement staff has received only one complaint in
April 2017, related to early morning deliveries when West Road is closed. Hoag is aware
of the restriction and schedules its deliveries accordingly and instructs its vendors
routinely. Only one complaint during the past year is an improvement over previous years
and is evidence of Hoag's ongoing commitment to controlling their operations and
vendors appropriately.
After reviewing the attached annual report and its supplemental noise reports, Hoag's
stated willingness to address its operational noise, and improvements to the planting and
maintenance of the lower campus's landscaping areas, staff believes that Hoag Memorial
Hospital Presbyterian has remained in good faith compliance with the terms of
Development Agreement No. 5.
ENVIRONMENTAL REVIEW
This annual review is exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment. This section exempts actions
by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other
entitlement for use issued, adopted, or prescribed by the regulatory agency or
enforcement of a law, general rule, standard, or objective, administered or adopted by the
regulatory agency.
PUBLIC NOTICE
Notice of this review was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949644-3200.
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Annual Review of Development Agreement No. 5 (PA2009-064)
Zoning Administrator August 10, 2017
Page 6
Prepared by:
Q4S::f= —
Ro alinh Ung
Associate Planner
JC/W
Attachments: ZA 1 Vicinity Map
ZA 2 December 22, 2016 Status Report
ZA 3 Hoag Development Agreement Annual Report
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Attachment No. ZA 1
Vicinity Map
7
VICINITY MAP
Annual Review Hoag Development Agreement
Review
(PA2009-064)
1 Hoag Drive
C'
Attachment No. ZA 2
December 22, 2016 Status Report
9
December 22, 2016
Ms. Rosalinh Ung
Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach CA 92660
RE: Hoag Hospital — Development Agreement 8`h annual review follow up
Dear Ms. Ung,
Per the city planning's request made during this year's review of the Development Agreement, Hoag is
providing an update on measures that Hoag has completed for full and good faith compliance.
Cogeneration plant green screen
On October 31, 2016, Hoag planted 3 additional trees and 2 additional vine plantings to address the 10x10
wall area of the cogeneration plant. The section of wall is now nicely screened and maintained below the
building roof lines (Photo 1 (before) and Photo 2 and 3 (after). In addition, we added another large planter
on the second level of the cogeneration plant with additional vines with drip irrigation that will continue to
fill in upper areas of the cogeneration wall for more coverage (Photo 4- before; Photo 5- after). These do
not need to grow from the lower level like the other existing planter boxes, so they have started to provide
immediate coverage and growth at the upper levels. Hoag continues to monitor landscape throughout the
campus for compliance and general aesthetic. Hoag considers itself in full compliance at this time.
Photo 1: BEFORE taken October 6, 2016: red circle indicates area of reported concern
10
Photos 2 and 3: AFTER taken December 22, 2016)
Additional vines from below: Additional vines & trees from sunset view park elevation:
Photo 4: BEFORE taken October 6, 2016 Photo 5: AFTER taken December 22, 2016
P
4
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Noise mitigation for the central plant
In September 2016, Hoag hired Arup, an international engineering consulting firm, to begin acoustical
studies specifically evaluating central plant equipment. On October 19, 2016, Arup performed a detailed
site investigation to review the power plant equipment and complete an inventory.
Arup completed the first sound testing on October 27, 2016, which was coordinated and approved by
Versailles. Arup conducted study of noise frequencies and sound levels at various points with variation of
equipment load scenarios to help pinpoint highest frequencies and highest noise generating equipment.
On November 4, 2016, Hoag adjusted the noise frequency of the variable fan drive for the chiller pumps,
thereby reducing the industrial "whine' of the equipment and an improvement was noted by Arup on their
second round of acoustical testing on December 1, 2016. Hoag also insulated the 2 condenser water
11
pumps with acoustical material. On December 1, 2016 Arup conducted a second sound study that
demonstrated a marked reduction in the noise at the adjacent residences. Hoag is making additional
modifications in the central plant now and Arup is tentatively scheduled for a third sound study December
28, 2016. Hoag will wait to see the final sound study results to see if any further mitigation measures are
needed. Hoag believes this demonstrates increased and continued measures for effective noise mitigation
and good faith compliance at this time.
Noise mitigation for the cogeneration plant
Although the last sound testing showed compliance at the cogeneration plant, Hoag continues to evaluate
and implement measures to further reduce noise. Hoag has identified an opportunity to replace door seals
at the cogeneration plant second level doors to mitigate noise penetrating from the cogeneration plant.
Hoag has also adjusted and programmed another supply fan on a reduced speed at night. Hoag will
evaluate if any of the measures Arup recommends or that Hoag has already put in place at the central
utility plant can be applied at the Cogeneration plant for continued sound mitigation.
We appreciate feedback from the city on these 90 day progress actions. If you have any questions, please
feel free to contact me directly. Thank you.
Respectfully,
I�Viii(�iWifv
Roxanna Bryant, MPH
Executive Director, Corporate Facility Services
Hoag Memorial Hospital Presbyterian
rbryant@hoag.org
949-764-8010
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Attachment No. ZA 3
Hoag Development Agreement
Annual Report
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23
h*
Development Agreement
Annual Review
Hoag Memorial Hospital
March 1, 2016 thru March 31, 2017
Prepared for:
The City of Newport Beach
100 Civic Center Drive, Newport Beach, Calif. 92660
Prepared by:
Hoag Memorial Hospital Presbyterian
One Hoag Drive
Newport Beach, CA 92663
1L4
HOAG MEMORIAL HOSPHAL PRESBttERIAN
hoag OneoDine, PO 26 8-61
100
Newpportt death. CA 926Sd-61 UO
April 17, 2017
Ms. Rosalin Ung
Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Hoag Hospital — Development Agreement 9th Annual Review
Dear Ms. Ung:
Please find enclosed the required documentation to demonstrate Hoag's compliance
with the Development Agreement between Hoag Hospital and the City of Newport
Beach. As you are aware, this Development Agreement was adopted by the City Council
on April 22, 2008 by the Ordinance No.2008-10 and is known as the Amendment to
Restated Development Agreement No. 6.
Per Section 5.2 of the Development Agreement, "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." It is our understanding based on discussions with city staff, that we will be
scheduled for the April 27111 Zoning Administrator hearing per the above noted
requirement.
The enclosed Project Status Update is for the period of time from March 1, 2016 through
March 31, 2017.
Sincerely,
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
J
Sanford L. Smith
Senior Vice President,
Real Estate, Facilities and Construction
Enclosure: Project Status Update 3/1/16-3/31/17
Hoag Hospital Newport Bead, Hoag Hospilal Irvine
One I Imp Drive 16200 Sand Canyon Avenue
Newport Beach, CA 92663 Irvine, CA 92618 vowhoag org
15
Development
Agreement Annual
Review
March 1. 2016 thru March 31. 2017
Hoag Memorial Hospital Presbyterian
1. Project Status Report
2. Acoustical Measurement
Program Test Report
3. Co -Gen Weather Plume
Reports (Digital Format)
4. Landscaping Photos
Prepared for:
The City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Prepared by:
Hoag Memorial Hospital Presbyterian
One Hoag Drive
Newport Beach, CA 92663
T(
Section 1 — Project Status Report
27
hoag
Project Status Report
Thru March 1, 2016 thru March 31, 2017
Ninth Annual Review of the Development Agreement
Between the City of Newport Beach
And Hoag Memorial Hospital Presbyterian
Introduction & Overview
On April 22, 2008, the City of Newport Beach ("City) approved an amended Development
Agreement between the city of Newport Beach and Hoag Memorial Hospital Presbyterian
("Hoag") which is known as the "Amendment to the Restated Development Agreement No. 6".
This Amended Development Agreement was adopted by Ordinance No. 2008-10 on May 13,
2008.
Per Section 5.2 of the Amended Development Agreement:
"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".
This Amended Development Agreement was part of Hoag's Master Plan Update which included
revised Development Agreement provisions, a revised Planned Community Text ("PC Text") and
associated standards, and certification of the Supplemental Environmental Impact Report
("SEIR") with mitigation measures.
The Supplemental Environmental Impact Report (SCH No. 1991071003) was certified by
adoption of City Council Resolution No. 2008-27. As part of the SEIR adoption, a Mitigation
Monitoring & Reporting Program was required which shall be utilized as the basis for the
Development Agreement Updates as it relates to mitigation measures.
For the purposes of this Development Agreement update, and those subsequent annual
updates, this update shall serve as the Ninth Annual Review for the Amendment to the Restated
Development Agreement No. 6
Project Status for the Ninth Development Agreement Annual Review
As will be described in detail below, over the last year, Hoag has made a diligent, good faith
effort in completing as many of the mitigation measures and associated requirements for both
the Development Agreement & Planned Community Text as required in this timeframe.
Development Agreement Specific Terms & Obligations
In the separate terms of the Development Agreement requirements (not found in either
Mitigation Measures of PC Requirements), the following have been completed:
11. Section 5.4
"5.4 Mitigation Review — The annual review shall include a detailed report of
compliance with the various conditions and mitigation measures contained with 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
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hoag
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
depicted in the EIR. Hoag shall be found in compliance with this Agreement unless the City
Council determines, based upon 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 cost
incurred by the City associated with Fluor Enterprises' review of the cogeneration plant
during the 2008 Annual Review."
Hoag has complied with this section of the Amended Development Agreement with the submittal
of this detailed report which demonstrates good faith compliance with the various conditions and
mitigation measures contained within the mitigation monitoring plan, as noted below.
Additionally, Hoag has complied with noise regulation compliance assessment. A noise analysis is
scheduled to be performed the week of April 24, 2017 after multiple attempts to schedule with the
Villa Balboa Home Owners' Association and residents. Hoag also had to reschedule testing on
one occasion when the cogeneration plant was operating below normal operating conditions due
to engine repair and maintenance. This testing report will be known as Attachment 2 and will be
submitted to the City under a separate cover.
No view analysis was necessary for this Annual Development Agreement review, as only interior
building remodels have occurred and no new additions have occurred on the Hoag Campus during
this timeframe.
2017 Update
Construction activities have been largely limited to interior tenant improvements with no new
buildings or expansions taking place in this year. These improvements have included the following
items:
Mechanical/Facility/Infrastructure Upgrades: Various projects scheduled throughout the
Newport Beach Campus addressing routine repairs and refurbishment of the infrastructure.
Some projects include air handler upgrades, flooring replacements, and building
management system upgrades.
HHNB Cath Lab Upgrades: Cosmetic and equipment upgrades to 5 Cath Labs. Completed
in January 2017.
Cancer Center CT Scanner Replacement: Tenant improvements to accommodate an
upgrade of services. Completion scheduled for 3rd quarter of 2017.
Main OR Renovation: Design efforts proceeding with the construction of two new OR's and
the replacement of the 14 bay PACU. Occupancy scheduled for 2018.
HHNB Nurse Call Replacement: Complete replacement of the Newport Beach nurse call
system/tracking system. Completion scheduled for 2019.
Get Well TV Replacement: Complete replacement and upgrade of TV system from analog
to digital with additional patient amenities. Completion scheduled for 2nd Quarter of 2017.
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hoag
HHNB Seismic Upgrades: Continue with the review of multiple on -campus buildings under
the guidelines of the OSHPD SPC 4-D seismic model, enabling the extension of building
use as acute care beyond 2030. Structural engineering studies underway.
Lab Point of Care Renovation: Remodel and relocate lab services to one location. Work
completed February 2017.
3 West Acute Care Renovation: Complete remodel of 3 West and 3 North to change to a
acute care rehab facility.
16. New Section 8.5 — Cogeneration Plant Energy Curtailment
"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 operation 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 chiller at 100% of design capacity.
This reduced capacity operation shall be implemented daily between November 1st and
April 30`h, between the hours of 7:00 AM and 7:00 PM when the relative humidity is equal
to or less than 55 degrees Fahrenheit."
2017 Update: Hoag has complied with all requirements regarding the Cogeneration Plant
Energy Curtailment and has attached a letter from Hoag's chief engineer of record, Peter
Moore, Yorke Engineering, which certifies the plant has been in operation in accordance
with curtailment requirements as feasible. Daily Cogeneration Plant Reports for the dates
of November 1, 2016 through March 31, 2017 are attached for your review. (Attachment
3)
Mitigation Measures and PC Text Requirements
In that no new major construction or additions has occurred over the last year, Hoag's
focus has been to fulfill the requirements that were oriented to noise mitigation and
aesthetic improvement and required to be completed or are in progress of being complete
in this Amended Development Agreement annual review time period. For your reference,
the relevant mitigation measures and PC Text requirements are addressed below.
Mitigation Measure 3.4-9 Cogeneration Plant Noise
Although the last sound testing showed compliance at the cogeneration plant, Hoag
continues to evaluate and implement measures to further reduce noise. Hoag has
reprogrammed the operation of the cooling tower from 4 cells and 4 fans down to 4 cells
and 3 fans during nighttime hours (1900-0700). Hoag has replaced door seals at the
cogeneration plant second level doors to mitigate noise penetrating from the cogeneration
20
hoag
plant. Hoag has also adjusted and programmed the engine room supply fan for a reduced
speed at night. Hoag will evaluate if any of the measures Arup recommends or that Hoag
has already put in place at the Upper Campus central utility plant can be applied at the
Cogeneration plant for continued sound mitigation.
Note: As noted above, a noise analysis is scheduled to be performed the week of April 24,
2017 after multiple attempts to schedule with the Villa Balboa Home Owners' Association
and residents. Hoag also had to reschedule testing on one occasion when the
cogeneration plant was operating below normal operating conditions due to engine repair
and maintenance. This testing report will be known as Attachment 2 and will be submitted
to the City under a separate cover.
Noise — West Hoag Drive
Mitigation Measure: PDF 3.4-1 — Villa Balboa Window Installation
This mitigation measure has been completely satisfied per the 2012 Development
Agreement Update.
Mitigation Measure: PDF 3.4-2 — Sound Wall
This mitigation measure has been completely satisfied per the 2012 Development
Agreement Update.
Mitigation Measure 3.4-5 — Loading Dock Sound Absorption Panels
"Sound absorption panels on the east wall of the loading dock shall be installed.
Approximately 450 square feet of absorptive panels shall be used to cover major
portions of the back wall of the loading dock area. The noise -Foil panels by
Industrial Acoustics or a panel with equivalent or better sound rating shall be used."
This mitigation measure has been fully complied with and the required data was included in
the 2011 annual Amended Development Agreement Update.
Mitigation Measure 3.4-6 — Relocation of the Trash Compactor
"The trash compactor shall be relocated within the loading dock. The trash
compactor and baler shall be enclosed in a three -side structure. The walls shall be
concrete block or similar masonry construction. The roof shall be lightweight
concrete roof or a plywood surface with concrete tiles; a built-up roof with 5'5" of
insulation on the inside would be an acceptable alternative. The open side shall
face away from residents. Doors may be on the side of the enclosure facing the
residents, but must be closed with the baler or compactor are operating. The
compactor and baler should only be operated between the hours of 7:00 AM and
7:00 PM."
The compactor and baler are operated between the hours of 7:00 AM and 7:00 PM.
Per the Development Agreement of 2012, Hoag is good faith partial and substantial
compliance with this mitigation measure by constructing a trash compactor enclosure and
baler enclosure which include the use of sound absorption panels on both enclosures.
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hoag
In the last year no new structure or structures on the Upper Campus were constructed
requiring the transfer of buildable square footage from the Lower Campus.
2017 update: Additionally, at the Upper Campus central utility plant, acoustical sound
attenuation louvers have been ordered to replace 4 existing non -attenuation louvers as
recommended by ARUP. These will be installed in the next 90 days.
Planned Community Requirements — Landscaping Lower Campus
Area 7a — West Parking Area Islands
Requirement: 60 days after CDP issuance at Coastal Commission.
Hoag received Coastal Commission's "Approval in Concept" of this item on April 8th, 2009
and final permits were received on December 15, 2009. Hoag obtained the required
building permits for this project on January 19, 2010.
Parking Lot Islands were completed May, 2010.
As noted in the 2015 Updated: Parking Lot Islands and the parking area had major
improvements made this year as follows:
13 additional 48" and 6 additional 36" box trees were planted in this area. The planting of
these 48" box trees was accompanied by new strip and island planters which provide
increased areas for planting. Increasing planting areas is significant in ensuring the long
term growth and health of the trees.
These planter areas also contain new important top soil, new irrigation systems and
additional drought tolerant ground cover. The new planter areas were constructed by the
removal of existing asphalt and 6 parking spaces.
The area originally contained 28 canopy trees and 10 palm trees. Hoag agrees, if for some
reason, the existing canopy trees don't flourish; the existing trees will be replaced with new
36" box canopy trees as needed.
Final specimen tree selection was approved by both Villa Balboa (Bemus) and Hoag prior
to installation and has been approved and permitted by the City. This project is complete.
2017: The additional trees and increased island groundcover areas installed with the
Sunset View Lot has substantially increased the visual quality of this area and appear to be
flourishing and in good health. (See photos attachment 4)
A13 — Future Parking Lot at base of Wall behind ATP Building
2015: While this area was originally planted with coastal wild flowers and grass hydro seed
planting, an alternate proposal had been developed which better achieved Hoag's, Villa
Balboa's and City needs. The alternate plan is a grid arrangement of canopy shade trees
intermixed with plant squares of drought tolerant shrubs. The planting area covers a large
percentage of the site. The areas remaining between the plant squares and canopy trees
will be treated with a bark mulch ground cover. Final plant and tree selections were
approved by both Villa Balboa (Bemus) and Hoag. The plans propose the use of California
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hoag
Pepper trees. This design is in keeping with current drought tolerant planting and irrigation
system standards and has received conceptual approval by the City.
The existing fencing will be relocated by shifting it towards the existing retaining wall which
minimizes the visual impact as seen by Villa Balboa. Along with the base of the existing
retaining wall, the area will contain a single lane asphalt service road with access gates at
both ends for security. The remaining flat area adjacent to the retaining wall will be a
gravel staging area. The majority of these fencing improvements will not be visible from
above.
2017 Update: Permits for this area have been issued by the city of Newport Beach and
construction installation was completed in January 2016. The area has grown in nicely and
compliance has been achieved (See photos attachment 4)
Area 9 — North Slope above Retaining Wall
Requirement: 120 days after Coastal Development Permit Issued by the California Coastal
Commission.
Hoag received Coastal Commission's "Approval in Concept" of this item on April 81h, 2009
and final permits were issued by the City of Newport Beach on January 19, 2010.
The slope construction was completed by July, 2010.
Hoag has proceeded in good faith and is in full compliance with the completion of
construction as noted above.
2017 Update: On-going maintenance of this area continues and compliance has been
achieved.
Area 12 Pacific Coast Hiahwav Green Screen
Requirement: Immediately upon issuance of an Approval in Concept by the City an
application shall be submitted for said improvements to the Coastal Commission.
Construction of said improvements shall be completed no later than 18 months after
Coastal Development Permit Issuance by the Coastal Commission.
This mitigation measure has been completely satisfied per the 2012 Development
Agreement Update.
Cogeneration Plant
On-going improvements in the growth and coverage of the vines can be seen, but it will
take another couple of years for the vines to reach full maturity and provide optimal
coverage. A continued maintenance and monitoring program will be provided as required
to ensure the full maturity of the vines.
2017 Update: The most southern CoGen wall with the largest surface has been filling in
nicely. One additional planter has been added to promote greater plant growth and
development. It was recently installed with additional large vines and trellis supports
installed to encourage greater growth and vine coverage within this area. (See photos
Attachment 4)
23
Section 2 — Acoustical Measurement
Program Test Report
M.
June 15, 2017
Ms. Rosalinh Ung
Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach CA 92660
RE: Hoag Hospital — Development Agreement 8"' annual review
follow up
Dear Ms. Ung,
In follow up to the Hoag Hospital Development Agreement
8" annual review, Hoag Hospital is submitting the report for the
acoustical testing that was completed. Hoag started the planning
process for the acoustical testing on January 24, 2017 at the Villa
Balboa homeowners association and provided potential testing
dates. Hoag attempted on many occasions to schedule the
acoustical testing and was denied the opportunity to complete the
testing in time for the annual development agreement report
submission.
On January 24, 2017, Hoag presented 2 separate dates to
Villa Balboa HOA meeting for proposed acoustical testing. Villa
Balboa did not respond to those testing dates. On January 26,
Hoag emailed the proposed testing date of February 8 to Mr.
Richard Runyon. On January 31, Hoag emailed Mr. Runyon
requesting confirmation for the February 8 testing date. Mr.
Runyon responded that he was conferring with Mr. Jim Campbell.
On January 31, Hoag responded to a request from Mr. Campbell
On February 7, Hoag emailed to confirm that the testing was
delayed since there was no response from Villa Balboa. Mr. Jim
25
Campbell requested a meeting with Hoag and Arup, the testing
company to discuss the city testing parameters, which was
scheduled on February 8, which had to be rescheduled by Mr.
Campbell to February 17. Arup outlined the testing protocol on
February 21 which was acknowledged by the Mr. Campbell on
March 7.
During the week of March 13, Hoag left a message for Ryan
Darby from Action Life Property (Villa Balboa HOA) regarding
another proposed acoustical testing date. On March 21, Hoag
emailed Ryan Darby to attempt to confirm acoustical testing. On
March 22, Richard Runyon indicated it was unlikely that the
March 27 date could be accommodated and suggested testing in
mid-April. On March 23, Hoag requested confirmation for
proposed testing on March 27. On March 24, Hoag requested to
meet with Ryan Darby. On March 27 Hoag met with Ryan Darby
to do an onsite review of the 200 Paris Lane building. During this
walk, Hoag noted there were air conditioning units and
condensing units for each residence on the roof of the building
and requested those larger air conditioning units and the
condensing units for the individual units being tested to be shut
off during the testing as those contribute to the exterior noise level
near the third (top) floor of the building. Ryan agreed to arrange
this.
On March 29, Hoag contacted Ryan Darby regarding
proposed testing the week of April 3. On March 30, Hoag
provided an email attempting again to confirm proposed testing.
On April 5, Hoag notified Ryan Darby by phone and email that
the testing had to be rescheduled because one engine was down
and therefore the acoustical testing would not be according to the
3 engines running protocol. Within an hour, Hoag provided
another proposed week for testing: week of April 13. On April
11, Hoag received response from Mr. Runyon that the April 13
testing could not be confirmed. On April 14, Hoag received
confirmation from Mr. Runyon that April 27 was confirmed.
The testing was completed on April 27, 2017. Hoag
requested confirmation on April 25 that the air conditioning for
the general building and the unit that was being tested was to be-�c,
turned off but it did not appear to be completed because of the
observed conditions and the confirmation came the day after the
testing was completed and was an agreement to turn off the night
after the testing. Hoag was directed to test in one unoccupied
residence. In addition, Mr. Runyon was present during the
acoustical testing and generated noise through the testing.
With regards to the acoustical testing at Versailles, Hoag was
able to confirm testing within 1 day and the results are included in
the report as well.
Respectfully,
Roxanna Bryant
Roxanna Bryant, MPH
Executive Director, Corporate Facility Services
Hoag Memorial Hospital Presbyterian
rbryant hoag.org
949-764-8010
27
Hoag Memorial Hospital Presbyterian
Your rel
Our ret
rile net
Roxanna Bryant
Hoag Memorial Hospital Presbyterian
One Hoag Drive,
Newport Beacb, CA 92658
Hoag Memorial Hospital Presbyterian
Dear Roxanna
Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
ARUP
12777 West Jefferson Boulevard Suite 100
Building D
Los Angeles
CA 90066
United States of America
Hoag Hospital Newport Beach Annual Noise Reporting
t +1310 578 4400
d +I 310 578 4592
f +l 310 8619029
matthew.wilkinson@arup.com
www.amp.com
As requested, please find attached a summary report detailing the recent nighttime
noise measurements at Hoag Hospital.
Please do not hesitate to contact us with any queries.
Yours sincerely
Matt Wilkinson
Senior Consultant
et Douglas Nordham
Erik Lidecis
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
Executive Summary
• As part of their development agreement with the city of Newport Beach,
Hoag Hospital performs yearly monitoring of the noise levels from the
hospital property.
Arup has conducted nighttime noise measurements at the Hoag Memorial
Hospital Presbyterian and at adjacent properties (Versailles and Villa
Balboa Communities) in Newport Beach, CA to document the 2016/17
levels. Daytime measurements were not conducted as previous year's
measurements have suggested that mechanical equipment is not audible
above traffic noise and other sources during the day.
• Noise measurements have not been made in the loading dock as they were
conducted in the previous year and were compliant. The mechanical
equipment in these areas has not been replaced with any larger or noisier
items and the operation has remained similar, therefore it is assumed that
these levels are still compliant.
• At Villa Balboa, measurements were conducted on the balcony and the
interior of a residence (#313) located on the fagade facing the CoGen
Plant. Hoag Hospital had made several attempts to obtain access to the
units previously tested, however, this residence was the only unit available
for access and was unoccupied and not fully furnished.
• The external level measured at Villa Balboa was 49dBA Leq and compliant
with the standards established by the City of Newport Beach Municipal
Code.
• The interior noise levels measured at Villa Balboa exceeded the City noise
levels. However, these levels were measured in the bedroom of the
unoccupied unit which was unfurnished, and with a sliding door fully open
(as directed by the resident's representative). The sliding door is not
classed as a window under the city code and this level is therefore not
representative. There was no window in this bedroom and therefore a
measurement with a window open was not possible.
At the Upper Central Plant, measurements were made at the property line
and at an elevated location at approximately 20ft above the raised planter
area representative of a 2nd floor balcony at the Versailles property. This
location was chosen as it was similar to the previous year's measurements.
The level measured at this elevated position at Versailles was 51dBA Leq.
This is a reduction of 3-5dB from the measurements reported in 2015.
These reductions have been achieved as a result of operational and
material upgrades to the equipment in the Upper Central Plant which have
been implemented over the last 6 months.
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
Additional noise abatement measures have also been investigated and are
currently being implemented in the Upper Central Plant. These include
adding acoustic louvers to the boiler room area and attenuating the
Cooling Towers which have the potential to bring these levels into
compliance.
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
1 Introduction
This report was prepared by Arup North America Ltd ("Arup") at the request of and for
the benefit of Hoag Memorial Hospital Presbyterian ("Hoag") in Amp's contractual
capacity as Acoustic Consultant to conduct nighttime noise measurements at the adjacent
residences for the purposes of Hoag's annual reporting obligation to the City of Newport
Beach ("the Report"). The limited purpose of this Report is to present a summary of
recent ambient noise surveys conducted by Arup at Hoag Memorial Hospital Presbyterian
in Newport Beach, CA on April 27`s and May 46' 2017. The Report takes into account
Hoag's particular instructions, requirements and priorities at this time and is meant to be
read as a whole.
As part of the development agreement (DA) between the hospital and the adjacent
residential developments, Hoag monitors the noise levels yearly from mechanical
equipment noise. The DA states that noise from the Hoag Hospital property must not
exceed the code requirements from Newport Beach City Municipal code.
The two most significant noise generating sources on the Hoag Hospital Campus are the
Upper Central Utility Plant Building and the CoGen Plant Building.
As shown in Figure 1 below, the Upper Central Plant building is located at the Northeast
of the Hoag Hospital Campus. It is bounded by Hospital Road to the North and the Hoag
Road to the West. The Versailles community is located to the west of Hoag Road and the
nearest residential building is highlighted below.
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
Figure 1 - Location of the Upper Central Utility Plant Building (highlighted blue) and the
nearest noise sensitive receiver (highlighted in red). The red -dotted line shows the
approximate location of the property line. [Source: Google Earth]
The CoGen Plant is located to the southeast of the Hoag Hospital Campus adjacent to
Superior Avenue, Pacific Coast Highway. The most southeasterly building located at the
Villa Balboa development is the nearest noise sensitive receiver in this case. The relative
locations are shown in Figure 2 below.
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Hoag Memorial Hospital Presbyterian Haag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
Figure 2 - Location of the CoGen Plant Building (highlighted blue) and the nearest noise
sensitive receiver (highlighted in red). The red -dotted line shows the approximate
location of the property line. [Source: Google Earth]
2 City of Newport Beach Noise Standards
The most recent amendment to the development agreement between Hoag Hospital and
the City of Newport Beach states in clause 1.17 that the noise generated and originating
from the property be governed by the City Municipal Code. The relevant sections of
Chapter 10.26 of the City Municipal Code are quoted or described in Section 2.1 below.
2.1 Noise Criteria
Noise level criteria for external and internal areas of noise sensitive spaces established by
the City of Newport Beach Municipal Code are quoted below:
Section 10.26.015 - Exterior Noise Standards
The following noise standards, unless otherwise specifically indicated, shall apply to all
property with a designated noise zone:
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
NOISE
ZONE
TYPE OF LAND USE
ALLOWABLE EXTERIOR NOISE
LEVEL (Equivalent Noise Level, L,)_
7 a.m. to 10 .m.
10 .m. to 7 a.m.
I
Single-, two -or multiple -family residential
55 dBA
50 dBA
II
Commercial
65 dBA
60 dBA
III
Residential portions of mixed-use properties
60 dBA
50 dBA
IV
Industrial or manufacturing
70 dBA
70 dBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the
standard.
B. It is unlawful for any person at any location within the incorporated area of the City
to create any noise, or to allow the creation of any noise on property owned, leased,
occupied or otherwise controlled by such person, which causes the noise level when
measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen -minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard
plus twenty (20) dBA for any period of time (measured using A -weighted slow
response).
C. In the event the ambient noise level exceeds the noise standard, the maximum
allowable noise level under said category shall be increased to reflect the maximum
ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling
within one hundred (100) feet of a commercial property, if the intruding noise originates
from that commercial property.
E. If the measurement location is on boundary between two different noise zones, the
lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995;
Ord. 95-38 § 11 (part), 1995)
Section 10.26.030 Interior Noise Standards.
A. The following noise standard, unless otherwise specifically indicated, shall apply to
all residential property within all noise zones:
NOISE
ZONE
TYPE OF LAND USE
ALLOWABLE INTERIOR NOISE
LEVEL (E uivalenI Noise Level, L,)
7 a.m. to 10 p.m.
10 p.m. to 7 a.m.
I
Residential
45 dBA
40 dBA
III
Residential portions of mixed-use properties
45 dBA
40 dBA
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
If the ambient noise level exceeds the resulting standard, the ambient shall be the
standard.
B. It shall be unlawful for any person at any location within the incorporated area of the
City to create any noise or to allow the creation of any noise on property owned, leased,
occupied or otherwise controlled by such a person which causes the noise level when
measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen -minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard
plus twenty (20) dBA for any period of time (measured using A -weighted slow
response).
C. In the event the ambient noise level exceeds the noise standard, the noise standard
applicable to said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling
within one hundred (100) feet of a commercial property, if the intruding noise originates
from that commercial property.
E. If the measurement location is on a boundary between two different noise zones, the
lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995;
Ord. 95-38 § 11 (part), 1995)
The measurement methodology described in the municipal code states that `the location
selected for measuring interior noise levels shall be made within the affected residential
unit. The measurements shall be made at a point at Least four feet from the wall, ceiling
or floor, or within the frame of a window opening, nearest the noise source. The
measurements shall be made with windows in an open position. (Ord. 95-38 § 11 (part),
1995)'
10.26.015 Decibel Measurement Criteria.
Any decibel measurement made pursuant to the provisions of this chapter shall be based
on a reference sound pressure of twenty (20) micropascals as measured with a sound level
meter using the A -weighted network (scale) at slow response. (Ord. 95-38 § 11 (part),
1995).
The ratio of sound pressures which we can hear is a ratio of 106:1 (one million:one). For
convenience, therefore, a logarithmic measurement scale is used. The resulting parameter
is called the `sound pressure level' (Lp) and the associated measurement unit is the
decibel (dB). As the decibel is a logarithmic ratio, the laws of logarithmic addition and
subtraction apply.
dBA is the unit used to define a weighted sound pressure level, which correlates well with
the subjective response to sound. The `A' weighting follows the frequency response of
the human ear, which is less sensitive to low and very high frequencies than it is to those
in the range 500Hz to 4kHz.
In some statistical descriptors the `A' weighting forms part of a subscript, such as LAoq for
the `A' weighted equivalent continuous noise level.
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Hoag Memorial Hospital Presbyterian Haag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
The Newport City Code uses a typical index for assessment for overall noise exposure,
this is the equivalent continuous sound level, Loq. This is a notional steady level which
would, over a given period of time, deliver the same sound energy as the actual time -
varying sound over the same period. Hence fluctuating levels can be described in terms of
a single figure level.
2.2 Site Ambient Noise Level
In section 10.26.010 of the city code, the ambient noise level is defined as `the all-
encompassing noise level associated with a given environment, being a composite of
sounds from all sources, excluding the alleged offensive noise, at the location and
approximate time at which a comparison with the alleged offensive noise is to be made.'
In this case the ambient noise level would be affected by sources such as traffic, aircraft
and mechanical services equipment (from all buildings other than those located on the
Hoag Hospital Campus). In order to determine the `ambient noise' level representative
measurements would need to be made at locations with representative levels of traffic and
other such noise sources but with minimal contribution from hospital equipment and
operations.
Site ambient noise measurements were conducted (by others) during the 2016
measurements ('2016 Acoustical Measurement Test Report'- RS Acoustics). Locations
were chosen to minimize the contribution from hospital equipment. The locations are
shown in Figure 3 below together with the locations of the CUP and CoGen Plant
buildings.
others, March 2016).
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
Location No.
Location description
Measured Noise Level, dBA Lee, tsmin
Daytime
Nighttime
1
Superior Ave & Sunset View Park
58
50
2
Hoag Rd & Sunset View Park
62
54
3
Old Newport Blvd & Catalina Dr
69
54
Table 1 - Measured 'Ambient' Noise levels dBA Leg (by RS Acoustics)
Section 10.26.025 of the municipal code states that the ambient noise level shall be the
highest measured noise level if this exceeds the prescriptive code noise level.
The representative noise levels measured at location 1 closest to the CoGen plant building
suggest that the daytime level criterion shall be 58dBA and the nighttime level at this
location shall be 50dBA.
Similar measurements were not conducted during this year's measurements. As the main
noise generating source affecting the ambient level is likely to be traffic and the traffic
systems have not been materially altered to change the flow of traffic, these levels can be
assumed to be representative of the ambient levels for 2017.
A representative ambient noise level was not measured in 2016 close to the location of
the Upper Central plant, therefore the prescriptive levels from section 10.26.025 will be
used as the criteria in this report at this location.
3 Survey Methodology
3.1 Dates and Times
3.1.1 Daytime Noise Levels
Noise levels measured by others during the 2016 noise assessment note that they
`observed the majority of ambient noise was due to traffic on Superior Avenue and
Pacific Coast Highway, ocean waves, and noise from the underground transformer on
Superior Avenue was also slightly audible. Noise from the cooling towers and
cogeneration facility were inaudible during the daytime tests.' ('2016 Acoustical
Measurement Test Report'- RS Acoustics) The contribution from the mechanical
equipment could not be effectively isolated from the ambient noise sources during
daytime measurements.
As the traffic systems do not appear to have been altered over the past year, it is assumed
that the contribution from traffic, the most dominant source, remains the same. In
addition, the typical operation of the central plant has not increased over the last year, and
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Hoag Memorial Hospital Presbyterian Haag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
all efforts have been made to reduce noise levels where possible. It was therefore
concluded that the mechanical equipment could still not be isolated from the daytime
ambient noise, and the focus of the noise measurements should be limited to the nighttime
noise levels.
3.1.2 Nighttime Noise Levels
All nighttime measurements were conducted by Ashwin Thomas and Brendan Smith
from Amp on Thursday, April 27` a and Thursday, May 4th, 2017 from 2am to 5am. This
is typically the time period with the lowest expected ambient/background noise (from
traffic activity and other sources) to isolate equipment noise.
3.2 Survey Locations and Methodology
3.2.1 Upper Central Plant measurements
Figure 4 - Nighttime measurement locations at Upper Central Plant [Source: Google
Earth].
Attended measurements were conducted around the Upper Central Plant site (see Figure
4) at the property line. These locations were chosen to be representative of the property
line measurement locations measured in previous years. Measurements were also made at
an elevated position near the center of the fapade of the nearest residential building in the
adjacent Versailles gated community. This measurement location is representative of the
levels which may be experienced at the nearest balcony area. These measurements were
at least 15 minutes or more in duration, in order to extract the background noise levels of
Hoag Hospital equipment without the contribution from transient events such as
ambulance and traffic passbys.
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Hoag Memorial Hospital Presbyterian Haag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
3.2.2 CoGen Plant Measurements
Attended measurements were made in accordance with the guidance in the City of
Newport Beach Municipal Code Section 10.26.030 at Unit #313 in the Villa Balboa
complex. A measurement was made at the balcony and within a bedroom (as directed by
the resident representative) in the unoccupied unit on the fagade facing the CoGen Plant
Building and representative of the unit with the worst case exposure to noise.
3.3 Equipment Settings
The following settings were applied to the equipment at each site during the
measurements:
CoGen Plant.
4 Cooling Towers running, with 3 fans running. The fans were set to manual
during the measurement period and the drives set to full speed. These operating
conditions would only occur at extreme conditions and not typical.
Upper Central Plant
The following equipment was operational during the tests. These operating
conditions are representative of all year round conditions and will not be
exceeded barring emergencies. These are the maximum nighttime operating
conditions which were adopted as a result of the previous hearings.
0 2 Chillers
0 2 Cooling Towers — Fans set to manual at 80% speed
0 3 Condenser pumps at 80% duty
o Sand Filter off
o Boiler room door closed
It should be noted that acoustically attenuating louvers were in the process of
being installed at the boiler room louvers on the day of the measurements. Sound
attenuating quilts were therefore hung over these openings to approximate the
future attenuation of these louvers.
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Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Central Plant Noise Measurements
3.4 Equipment
The equipment used for the measurements was as follows:
• Rion NL -52 Sound Level Meter
• Rion Preamplifier NH -21
• Rion Microphone UC -59
• Rion Calibrator type NC -74
• Rion Microphone Extension Cable EC -04B (3011.)
• Rion AS -70 waveform software
The sound level meters and microphones used for these measurements were calibrated
before and after use, to confirm there was no significant drift in meter response. The
meters are regularly calibrated and this calibration is traceable to international standards.
The noise levels were recorded as real time calibrated uncompressed audio (*.wav files)
and post processed using the `Slow' weighting required by the Newport Beach Municipal
code.
4 Sound Level Results
4.1 Post Processing
In order isolate the steady noise levels generated by the equipment in the Central Plant,
measurements were taken to be longer than the required 15 mins and post processed to
determine the level without transient events such as traffic. This is effectively the same
process as manually "pausing" the measurement during these events but reduces the
influence of manual measurement error to better isolate the steadier mechanical
equipment noise source.
Figure 5(i) below shows an example un -processed measurement with the transient events
in the time history. The time history shown in Figure 5(ii) below is the same
measurement with the transient events removed.
Once the transient events have been removed the equivalent sound level (dBA Lag) is re-
calculated to determine the noise level generated by the mechanical equipment.
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Haag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Cental Plant Noise Measurements
Transient events such
as traffic pass-bys
temporarily produce
high noise levels
Mechanical noise is a
steady noise source
and makes up the
background noise
level
Figure 5 — Villa Balboa Unit #313 Balcony measurement - before and after transient events (marked with red circles) have been removed
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Figure 6 - Elevated measurement at Versailles approximately 2011 above raised planter area before and after transient events (marked with red
circles) have been removed
R02 Rev C I Hoag Memorial Hospital Presbyterian I Amp North America Ltd Page 15
12 Slrv5'Y4nL00W INiERNPNGIECi GPiP!aO5 REPORTS NAEMT1vE3130tidS9t NGAG COGEN CENTNK Po PLANT 7r,i REmSR1idB-
14 R02 GMEPI AL COGENCENmr,ViA 01RETESING NEW LETER1SWE VIOCC% 42
Hoag Memorial Hospital Presbyterian Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Centre) Plant Noise Measurements
4.2 Subjective Observations
The ambient noise levels during the measurement periods were dominated by the noise
from mechanical services in both the Coll plant area and the Upper Central Plant area.
As can be seen from Figure 5 and 6 there were several traffic passbys during
measurements. Sprinkler noise was also noted and removed during the post processing. It
was requested that the roof mounted HVAC equipment at the Villa Balboa complex was to
be turned off during the measurements, however we understand that it was operational. As
such it is not clear whether this noise source could have affected the measurements.
4.3 Noise measurements
4.3.1 Upper Central Plant
Table 2 - Measured Noise Levels, 15 minute dBA Leq (re 20µ&a)
R02 Rev C I Hoag Memorial Hospital Presbyterian I Amp North America LM
G,EG* o.,.11.11 REPea,s_aviRA.eEGri aG.G
Page 16
43
Measured
Newport City
Noise Level,
Code
dBA Leq
Requirement,
Location
Date/Time
dBA Les
Location 1, Elevated microphone
5/4/17-
51
50
position at 20ft above raised planter
4:25am
area, 3-4ft from the fagade,
representative of the nearest 2nd floor
balcony.
Location 4— microphone 5ft above
5/4/17-
53
50
ground level at the property line
2.21 am
between the tennis courts and the
Upper Central plant.
Location 3 — microphone 5ft above
5/4/17-
46
50
ground level at the property line
2.46am
location located between the fagade
of the Versailles condominiums and
the Upper Central Plant.
Location 2 — microphone 5ft above
5/4/17-
46
50
ground level at the property line close
3.36am
to the intersection of Hoag Rd attd
Hospital Road.
Table 2 - Measured Noise Levels, 15 minute dBA Leq (re 20µ&a)
R02 Rev C I Hoag Memorial Hospital Presbyterian I Amp North America LM
G,EG* o.,.11.11 REPea,s_aviRA.eEGri aG.G
Page 16
43
Hoag Memorial Hospital Presbyterian
4.3.2 CoGen Plant Building
Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper cannot Plant Noise Measurements
Table 3- Measured and Predicted Noise Levels in Unit #313, 15 minute Leg, dBA (re 20µPa)
* Due to time constraints, the unprocessed measurement at this location was limited to
15rnms. After post -processing this was reduced to a shortened measurement of
approximately 7 mins in length.
4.4 Discussion
4.4.1 CoGen Plant
Noise levels measured at the external location at Villa Balboa are below the 50dBA Lea
nighttime criterion required by the Newport Beach City Noise Code.
Noise levels measured at the interior location at Villa Balboa exceed the nighttime internal
noise code requirements. It should be noted that these measurements were taken in an
unfurnished bedroom and with a balcony door open (at the request of the residents
representative).
A reference measurement was made further inside the bedroom to investigate how the
noise level varied with location. Due to time constraints, this unprocessed measurement
was only 15 minutes in length and therefore once transient events had been removed, the
resulting background noise level measurement was only approximately 7 minutes long.
The noise level from the mechanical equipment is a steady noise source and as such, this
R02 [ Rev C I Hoag Memorial Hospital Presbyterian Amp North America LM Page 17
GIECi �P -05_REPOR73N TWE3Grl1cii %ROPGCOGEN CENT PIANIT ToGREPGRP3011L
i1LLF0e�T.5[Wtl35 R56�N_COGENCENmvLR NOIGETEGiING RE CL TlsaISGNE V]OOCX
44
Measured
Newport City
Noise Level,
Code
dBA L,g
Requirement,
Location
Date/Time
dBA Le,
Villa Balboa, Unit #313, Outdoor
4/27/17-
49
50
Balcony
2:34am
Villa Balboa, Unit #313, Inside
4/27/17-
45
40 (balcony
bedroom with balcony door fully
3.16ant
door not a
open (microphone at 4ft from balcony
window,
door)
therefore code
requirement not
applicable to
this location)
Villa Balboa, Unit #313, Inside
4/27/17—
41*
40 (balcony
bedroom with balcony fully open
3.59am
door not a
(microphone further inside the room,
window,
still 4ft from all reflecting surfaces)
therefore code
requirement not
applicable to
this location)
Table 3- Measured and Predicted Noise Levels in Unit #313, 15 minute Leg, dBA (re 20µPa)
* Due to time constraints, the unprocessed measurement at this location was limited to
15rnms. After post -processing this was reduced to a shortened measurement of
approximately 7 mins in length.
4.4 Discussion
4.4.1 CoGen Plant
Noise levels measured at the external location at Villa Balboa are below the 50dBA Lea
nighttime criterion required by the Newport Beach City Noise Code.
Noise levels measured at the interior location at Villa Balboa exceed the nighttime internal
noise code requirements. It should be noted that these measurements were taken in an
unfurnished bedroom and with a balcony door open (at the request of the residents
representative).
A reference measurement was made further inside the bedroom to investigate how the
noise level varied with location. Due to time constraints, this unprocessed measurement
was only 15 minutes in length and therefore once transient events had been removed, the
resulting background noise level measurement was only approximately 7 minutes long.
The noise level from the mechanical equipment is a steady noise source and as such, this
R02 [ Rev C I Hoag Memorial Hospital Presbyterian Amp North America LM Page 17
GIECi �P -05_REPOR73N TWE3Grl1cii %ROPGCOGEN CENT PIANIT ToGREPGRP3011L
i1LLF0e�T.5[Wtl35 R56�N_COGENCENmvLR NOIGETEGiING RE CL TlsaISGNE V]OOCX
44
Hoag Memorial Hospital Presbyterian
Hoag Hospital Newport Beach Annual Noise Reporting
CoGen Plant and Upper Centre) Plant Noise Measurements
level can be assumed to be representative of a 15 minute measurement. This noise level
measured further inside the unit was 41 dBA which is just 1 dBA over the code
requirements.
In our experience, both the exterior and interior measurements would not both be measured
to determine compliance. The external measurement is generally set to ensure that the
internal level can be achieved. As the external measurement is compliant and the internal
measurement in the bedroom was conducted with the sliding door open (which is not
classed as a window for ventilation purposes), it can be argued that this location is
compliant with Newport City Code.
4.4.2 Upper Central Plant
Noise levels from the Upper Central Plant measured at the Versailles property line adjacent
to the residential fagade at street level are below the 50dBA Leq nighttime criterion required
by the Newport Beach City Noise Code.
The Noise level measured opposite the entrance to the Upper Central plant and adjacent to
the tennis courts exceeds the nighttime levels by 3dB. It is assumed that, as per the
definition of exterior noise level measurement locations being `a private yard, patio, deck
or balcony normally used for human activity', this location is not representative of any of
these areas.
The Noise level measured at the elevated position at the Versailles fagade exceeds the
nighttime requirements by Il
This 1dB exceedance of City of Newport Beach Municipal Code, is not subjectively
audible. The human ear does not generally perceive decibel differences of less than 3dB.
However, Hoag Hospital has worked closely over the last 6 months with Arup engineers to
determine operational and material changes at the Upper Central Plant to reduce noise
levels at the property line and fagade. These studies have investigated the noise from each
separate item of equipment within the Central Plant Building to address the following
issues:
Reducing tonal noise from equipment to reduce potential for annoyance. Tonal
elements are generally more noticeable and subjectively more annoying to
residents.
Improve the `character' of the sound to be less noticeable at the facade.
Reduce the overall level and audibility.
The 2017 measurements show a 3-5dB reduction over the measured levels reported in
2015.
The following items are currently being implemented to further reduce the noise levels and
have the potential to reduce the noise levels to achieve the code requirements:
• Adding acoustically attenuating louvers at the boiler room openings (installed
subsequent to the tests)
• Mechanical intervention to reduce noise from falling water. (in progress)
R02 [ Rev C I Hoag Memorial Hospital Presbyterian Amp North America LM Page 18
ERNAL_PROJECT �Ai -0E_REPOR73_NARRATWES1a`HcDi HOAG GOGEN_CENI Pl,kW TNGREPORP3017L
'LLq��25[WPS5� TAWLCOGENCENmA,LAmNGrs7rS7NG RIG L£ilERlffilIE V9OOC%
45
Hoag Memorial Hospital Presbyterian
4.5 Clarifications
Hoag Hospital Newport Beach Annual Noise Reporting
GaGen Plant and Upper Cannot Plant Noise Measurements
Ampt's services are performed within the limits of the project as prescribed by Hoag Memorial
Hospital Presbyterian in a manner consistent with the level of skill and care currently exercised by
members of the same profession practicing in similar conditions in the same locality. No other
warranty, either expressed or implied, is included hereunder.
The Report has been prepared for the exclusive benefit of Hoag and no other party. No
responsibility is undertaken to any third parry in relation to the Report and Arup assumes no
liability to third parties with respect to the use of any information, opinions or findings disclosed in
the Report.
END OF REPORT
R02 [ Rev C I Hoag Memorial Hospital Presbyterian I Amp North America LM Page 19
ERNAL_PRGJECT �Ai -0E_REPLR73_NARRATWESVr`HcD Y�X HGAG GGGEN_GEN I Pl,kW TIINGREPGRTQG17L
'LLq�VYWPS5� TAWLCGGENCENmA'LAmNGrs7rErING RIG L£ilERlffilIE V9GGC%
Section 3 — Co -Gen Weather Plume Report
-47
Y4Prkch
ENGINEERING, LLC
www.Yorl<eEngr.com
April 4, 2017
Erik Lidecis
Manager of Utilities/Operations
Hoag Memorial Hospital Presbyterian
One Hoag Drive
Newport Beach, CA 92658
E-mail: erik.lidecis@hoag.org
Subject: City Mitigation Measure— Cogen Plume Review
Monitoring Period: November 1, 2016 — March 31, 2017
Hoag Memorial Hospital Presbyterian (Hoag), Newport Beach, CA
Dear Mr. Lidecis:
Yorke Engineering, LLC (Yorke) reviewed the meteorological data and cooling tower operating
data for the subject period to evaluate Hoag's compliance with Section 8.5 of the Development
Agreement ("Agreement").
SUMMARY
Meteorological data was collected from the weather station located at the cogeneration plant for
the period starting November 1, 2016 and ending March 31, 2017 ("Monitoring Period").
Cooling tower operating data is available for the Monitoring Period. In mid-October 2016, the
cooling tower flow meters were intermittently malfunctioning although the water to the cooling
towers flowed properly. The manufacturer of the meters made several attempts to repair the
units without success. A new unit and sensors have been ordered and are scheduled to be
installed in April 2017.
In late September 2016, Hoag implemented a noise reduction measure at the cogeneration plant
by shutting down Cooling Tower #4. Tower #4 remained idle for the Monitoring Period as verified
by the operational records for the cooling tower fans and condenser pumps. Thus, heat rejection
was at most 75% of maximum during the Monitoring Period.
We reviewed meteorological data in the graphed reports (see attachments) to identify hours when
meteorological conditions triggered the need to reduce the effective cooling tower heat rejection;
ambient temperature less than or equal to 55 °F, and humidity greater than or equal to 60%. We
were provided actual operating data, which included hourly delta temperature data from the
cooling towers, along with 15 -minute operating percentages for the cooling towers' four
condenser pumps. This allowed us to estimate the maximum heat rejection levels for each hour
on the days where the meteorological conditions triggered the need to reduce the cooling tower
heat rejection. The data over the Monitoring Period shows that the total cooling tower heat
rejection was reduced below 46.4 MMBtu/hr (67% of the maximum design capacity) per the
Agreement.
There were instances when the cooling towers exceeded 67% heat rejection, but during these
instances, the weather conditions were not in the range necessary to trigger a reduction in heat
rejection.
LOS ANGELES/ORANGE COUNTY/RIVERSIDE/VENTURA/FRESNO/OAKLAND/BAKERSFIELD
31726 Rancho Viejo Road, Suite 218 ♦ San Juan Capistrano, CA 92675 ♦ Tel: (949) 248-8490 ♦ Fax: (949) 248-8499
M
Erik Lidecis, Hoag Hospital
April 4, 2017
Page 2 of 3
Based on the available data, Hoag complied with the Agreement.
BACKGROUND
Hoag is party to a Development Agreement with the City of Newport Beach entitled Cogeneration
Plant Energy Curtailment in which it agrees to curtail cogeneration plant operations when certain
meteorological conditions exist that may result in the formation of a visible plume from the cooling
towers. Section 8.5 of the agreement requires Hoag to install a weather station and monitor
temperature and humidity. Between November 1 and April 30, between the hours of 7:00 AM and
7:00 PM, whenever the relative humidity is greater than or equal to 60%, and ambient temperature
is less than or equal to 55 °F, Hoag shall reduce the effective heat rejection at the cooling towers
by 33% from maximum design capacity.
Cooling Tower Heat Rejection Calculation
Heat rejection for the cooling towers is calculated as follows:
Q = 500 x (Flow 11 + Flow 12 + Flow 13 + Flow 14) x (Temperature In — Temperature Out)
Where:
• Q = heat rejection rate (Btu/hr)
• Flows 11 — 14 are the water pump flow rates (gat/hour) for each of the four cooling towers;
• Temperature In is the water inlet temperature (°F) to the cooling towers;
• Temperature Out is the water outlet temperature (°F) from the cooling towers.
Cooling Tower Maximum Capacity
Maximum cooling capacity is calculated assuming all four water pumps operate at 3,150 gallons
per minute, and the maximum difference between inlet and outlet temperatures is 11 °F.
Qmax = 500 (3150 + 3150 + 3150 + 3150) (11)/1,000,000 = 69.3 MMBtu/hour
Heat Rejection Percentage
Heat rejection is calculated on an ongoing basis as the combined heat rejection of the four cooling
towers. The percentage reduction from maximum is calculated as:
Q% reduction = (Q - Qmax)/Qmax
CONCLUSION
1. Hoag operated weather stations that collected temperature and humidity data during the
Monitoring Period.
2. Temperature and humidity data were provided to the cogeneration system operators who
are directed to reduce heat rejection from the cooling towers by at least 33% from
maximum capacity during the hours of 7:00 AM to 7:00 PM whenever temperature is less
than or equal to 55 °F, and humidity is greater than or equal to 60%.
3. For the period of available cooling tower data, November 1, 2016 —March 31, 2017,
there were no incidents in which the cooling tower heat rejection was less than 33%
1 orkc Engineering, LLC
49
Erik Lidecis, Hoag Hospital
April 4, 2017
Page 3 of 3
reduced from maximum when temperature and humidity both exceeded their trigger
thresholds.
Should you have any questions or concerns, please contact me at (949) 248-8490 x226.
Sincerely, �`
�.4' c `�tV
Corina Chang
Environmental Engineer
Yorke Engineering, LLC
CChang@YorkeEngr.com
cc: Peter Moore, Yorke Engineering, LLC
Attachments:
1) Section 8.5, Restated Development Agreement, Cogeneration Plant Energy Curtailment
2) Daily Reports: Temperature & Humidity & Cooling Tower Heat Rejection (Nov. 1, 2016
— Mar. 31, 2017)
1 orkc Engineering, LLC
50
Section 4 — Landscaping Photos
152
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2017 HOAG DA UPDATE - LANDSCAPING PHOTOS
V:
Picture #3: Sunset Lower Parking Lot Re -Landscaping (2016)
Picture #4: Sunset Lower Parking Lot Re -Landscaping (2017)
Created March 37, 2077 2 Hoag DA Update 2077
53
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Picture #9: Cogen Upper Bluff / Green Screen (2016)
Picture #10: Cogen Upper Bluff / Green Screen (2017)
Created March 37, 2077 6 Hoag DA Update 2077
57
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Picture # 11: Cogen Screen Wall (2016)
Created March 37, 2077 7 Hoag DA Update 2077
52
Picture # 12: Cogen Screen Wall (2017)
Created March 37, 2077 8 Hoag DA Update 2077
159
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Picture #13: Cogen Planter (2016)
Created March 37, 2077 9 Hoag DA Update 2077
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Picture #14: Cogen Planter (2017)
Created March 31, 2017 10 Hoag DA Update 2017
01
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Created March 31, 2017
Picture #15: 2nd Cogen Planter (2017)
11
Hoag DA Update 2017
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Picture #21: Infill Shrubs Upper Cogen Slope (2016)
Picture #22: Infill Shrubs Upper Cogen Slope (2017)
Created March 31, 2017 15 Hoag DA Update 2017
Zoning Administrator -August 10, 2017
ITEM NO. 5a -ADDITIONAL MATERIALS RECEIVED
Haag Development Agreement Review
(PA2009-064)
FROM THE DESK OF VSCEIVED el,
DICK RUNYON COMMUNITY
DEVELOPMENT
AUG 0 9 2017
ESQ J7/J CITY OF
RT 90,
,T vv� .�ecCb SCerU
Tdr m t 7/1J ✓�vrt �.
71 6e4 W; r? / 57,-a4�e,
L. R. Runyon
Villa Balboa
August 8, 2017
Ms. Rosalinh Ung
Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Zoning Administrator - August 10, 2017
ITEM NO. 5a -ADDITIONAL MATERIALS RECEIVED
Hoag Development Agreement Review
(PA2009-064)
RE: June 15, 2017 - Letter from Roxanna Bryant, Executive Director
Corporate Facility Services
Hoag Memorial Hospital
Dear Ms. Ung,
On June 15, 2017 Ms. Bryant sent you a letter in which she misrepresented a number of issues
and set forth several falsehoods. This response presents a truthful and factual response to her
false allegations.
Early in the year 2017 I contacted Jim Campbell to obtain the protocol for the 2017 acoustical
testing of the noise level emanating from the Hoag cogen plant. (Ms. Bryant acknowledges this
in her letter.) Testing during the previous year resulted in a number of issues that needed to be
addressed prior to current year testing. After the exchange of several email messages, on March
28 Mr. Campbell indicated a detailed outline of the procedure and conditions for the testing
process. I immediately contacted Ms. Bryant with a schedule date (one of her proposed dates) of
April 6. Scheduling proceeded accordingly. However, on April 5 Hoag cancelled the testing due
to an alleged equipment failure. Acoustical testing was rescheduled and conducted on April 27.
Ms. Bryant was aware via email messages that testing could not commence without a clear and
detailed protocol. Accusations to the contrary are without merit and false.
I also informed Ms. Bryant that scheduling interior residential testing is very difficult. Of the
four units nearest the cogen plant one is occupied by a resident with two dogs, one was occupied
by a disabled person, now deceased. (The vacant unit at the time of testing.) One is occupied by
a resident who travels lengthy periods (months) throughout the year and the remaining unit is
occupied by a single retired lady. It is a major inconvenience to an available occupant to intrude
into the residence for a period of two plus hours during the time of 2:00 am to 4:00 am.
Apparently Ms. Bryant cannot grasp this reality.
Ms. Bryant also neglected to disclose that her frequent travel schedule often prohibited her from
being available for testing.
Zoning Administrator - August 10, 2017
ITEM NO. 5a -ADDITIONAL MATERIALS RECEIVED
Hoag Development Agreement Review
(PA2009-064)
Ms. Bryant also stated that I "generated noise through the testing." This is a false statement. I
conducted simultaneous acoustical testing using Villa Balboa acoustical testing equipment and
stood quietly, holding the testing device, while all tests were conducted until I left the testing
room during the final few minutes of testing. Beyond the testing room, I remained quiet,
reviewing email messages, making no noise whatsoever.
Ms. Bryant questioned whether the HVAC unit had been turned off during the time of testing,
Mr. Ryan Darby, Action Management, confirms that it was indeed turned off.
Ms. Bryant also offers that acoustical testing at Versailles was confirmed within one day,
apparently to challenge Villa Balboa's scheduling procedure. She failed to disclose that testing at
Versailles was only external, not requiring access to any residential unit during the time of 2:00
am to 4:00 am, thus not requiring any residential permission for testing, or incurring and
inconveniencing any resident with the intrusion of a testing party of four.
It is also noted that acoustical tests at Versailles were conducted on May 4, 2017, after testing at
Villa Balboa on April 27, 2017. This leads one to question why there was any sense of urgency
to conduct Villa Balboa testing when Versailles tests were performed seven days after Villa
Balboa's tests rather than during an earlier date.
Unfortunately, Ms. Bryant conveyed a number of false statements and failed to accurately
portray the details of the scheduling process.
I trust this puts to rest the issues raised by Ms. Bryant.
Sincerely,
047;04 1pamv
L. R. Runyon
Villa Balboa
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS
RECEIVED Hoag Development Agreement Review
VILLA BALBOA PA2009-064)
August 8, 2017
Patrick J. Alford, Zoning Administrator
Rosalinh Ung, Associate Planner
City of Newport Beach, Community Development
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mr. Alford and Ms. Ung,
,�ECEIVEO ey
COMMUNITY
DEVELOPMENT
AUG 0 g 2017
CITY OF
%�Oorir sEPC
11
On behalf of the Villa Balboa Community Association we submit the enclosed report showing
that Hoag Memorial Hospital Presbyterian (Hoag) has not demonstrated good faith compliance
with all the terms of Development Agreement No. 5 (DA).
The attached report from Villa Balboa focuses on a critical compliance failure that still has not
been satisfactorily addressed, specifically, the cogen plant noise levels. Indeed, the noise report
prepared by ARUP on behalf of Hoag confirms that the noise level emanating from the cogen
plant is in violation of the Newport Beach Noise Ordinance and is inconsistent with adjacent
residential uses. Villa Balboa requests that the City require Hoag to take appropriate actions to
mitigate the noise levels to below the threshold in the City's Noise Ordinance and to conduct
follow up testing to ensure that Hoag is in compliance.
In addition to the lack of compliance with the Noise Ordinance, the report also addresses other
compliance issues, including the cogen wall of ivy, the violation of tree height limitations, and
plume abatement. Regarding the cogen ivy issue, during the past two years (2015 and 2016)
Zoning Administrators Wisneski and Alford have urged Hoag to address issues related to
ongoing failures with respect to providing full coverage of the wall of ivy on the east side of the
cogen plant as well as issues associated with excessive noise .levels at the cogen plant. During
the hearing on September 29, 2016 Hoag was also asked by Zoning Administrator Alford to
address failures with respect to the wall of ivy and noise issues and report back within 90 days.
"He (Zoning Administrator Alford) indicated. the applicant should work with VillaBalboa
to develop a strategy for the wall screen such that results are evident prior to April 2017.
He also wanted to see progress on a comprehensive noise mitigation program for both
facilities. In 90 days, the applicant should submit a report to staff on its efforts."
The report submitted by Hoag on December 22, 2016 failed to demonstrate any meaningful
progress on either issue as noted by Villa Balboa in its response to the report on .Tanuary 17,
2017. Unfortunately this issue has not been resolved.
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
In light of the above, and based on the information and evidence included in the attached report,
Villa Balboa respectfully requests a finding that Hoag has not demonstrated full good faith
compliance with the terms of the Development Agreement during this review period. Villa
Balboa further requests that the City require Hoag to come into compliance with the DA,
including installing appropriate noise mitigation and conducting further testing to ensure
compliance. Hoag's compliance with the DA is critical to the health and well-being of Villa
Balboa's residents and the serves as a benefit to the entire community.
Villa Balboa appreciates the City's consideration. Villa Balboa will be present at the hearing on
August 10, 2017, to provide further comments and to address any questions.
Best Regards,
Carleen Hallstead
President, Villa Balboa Homeowners Association
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
VILLA BALBOA
Response to
HOAG MEMORIAL HOSPITAL
DEVELOPMENT AGREEMENT ANNUAL REVIEW
March 1, 2016 through March 31, 2017
Prepared for
The City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Prepared by
Villa Balboa
900 Cagney Lane
Newport Beach, CA 92663
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
CONTENTS
Hoag's Continuing Failure (2006 - 2017) to Meet Requirements
of the Newport Beach Community Noise Control, Chapter 10.26
Hoag's Continuing Failure (2008 - 2017) to Meet the Requirements
of the Development Agreement "Coverage of the East Wall
of the Cogeneration Plant with Flowering Ivy
Exhibit A - March 3, 2017 - Email Message to Hoag Proposing
Solutions to Expedite Coverage of Cogen Wall of Ivy
Exhibit B - Hoag's 2012 Commitment to Fulfill Coverage
of Cogen Wall of Ivy in, "up to two years for the vines
to reach fu11 maturity and provide optimal coverage"
Exhibit C - Photograph Showing Evidence of Hoag's Ability to
"Grow Ivy" - Upper Campus, Building 15
Exhibit D - Photograph Showing Evidence of Hoag's
Continued Failure to Grow Ivy on East Wall
Cogen Plant - Lower Campus
Hoag's Continuing Failure (2008 -2017) to Meet Requirements
of Maintaining Tree Height Requirements
Exhibit E - 2012 Newport Beach Staff Report on Hoag's Compliance
with the Development Agreement Re Tree Height Limitations
Exhibit F - Photograph Showing Evidence of Hoag's Violation
of Tree Height Limitations - Close Up View
Exhibit G - Photograph Showing Evidence of Hoag's Violation
of Tree Height Limitation - Distant View
Hoag's Report Re Plume Abatement Incomplete
Exhibit H - Photograph Showing Evidence of Failure of Hoag's
Plume Abatement Technology - Cogeneration Plant
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
HOAG'S CONTINUING FAILURE (2006 - 2017)
TO MEET REQUIREMENTS OF THE NEWPORT BEACH
COMMUNITY NOISE CONTROL, CHAPTER 10.26
Acoustical Testing Overwhelming Limitations
It is here noted that the acoustical tests conducted are subject to the code requirements of
Newport Beach which are enforceable beyond the scope of the Development Agreement. Within
the Development Agreement is a requirement of an annual assessment of noise levels. However,
the tests conducted by Hoag are a "self-assessment" and performed by Hoag utilizing a vendor
paid for by Hoag with no on site representation by the City of Newport Beach. The report
submitted by Hoag constitutes a single annual measurement and therefore is subject to the
conditions on one particular date under a set of conditions that are not representative of year
around operations.
No data have ever been included in an annual report that demonstrates Hoag's noise level
compliance throughout the year during which operating conditions vary substantially.
Measurement times are determined by Hoag and have never been conducted during the summer
months when weather conditions dictate elevated usage Ievels. Testing has never been
conducted during maintenance periods when operating demands change significantly. The
operating protocol during testing conditions has continuously been changed through the years to
the point that testing results on one night simply are not reliably representative of operations
throughout the year.
Acoustical Tests 2017
Included with the 2017 Hoag Annual Review of its Compliance with the Development
Agreement is an analysis of acoustical tests conducted by ARUP (under the direction of Hoag) to
determine its (Hoag's) compliance with the Newport Beach Community Noise Control, Chapter
10.26. One external and one internal test were conducted near the cogen plant at Villa Balboa
residence, 200 Paris Lane, #313.
External Acoustical Test Results (ARUP - Page 17, 4.3.2)
The ARUP report concludes that the cogen plant operates (on this particular date, April 27, 2017,
2:34 am) as measured at the balcony level of unit 4313 within allowable external noise code
requirements (50 dBA) at 49 dBA, one dBA less than code limitations. Utilizing a single test one
time during the year simply is not representative of the annual operating conditions of the cogen
plant.
Interior Acoustical Test Results
The ARUP report concludes that the cogen plant operates (on this particular date, April 27, 2017,
3:16 am) as measured inside the master bedroom of unit #313, bedroom open, microphone at
four feet from balcony opening, at 45 dBA, 5 dBA above the maximum allowable threshold level
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
of 40 dBA, thus in violation of code limitations. (A second test was conducted approximately 14
feet from the opening, still beyond code parameters, resulting in a measurement of 41 dBA in
violation of the Newport Beach maximum allowable threshold.)
ARUP's Specious Argument
ARUP argues that since the internal tests were conducted with a sliding opening it cannot be
construed as within the Newport Beach code. THERE IS NO SUCH PROHIBITION.
TESTING IS TO BE CONDUCTED WHERE IT IS SUSPECTED THAT NOISE LEVELS
ARE IN VIOLATION OF CITY CODE.
The master bedroom at unit #313 has no other opening to the balcony. To disallow this
internal acoustical test because it has no window denies the property owners of their right
to peaceful, quite and tranquil sleep in their bedroom while utilizing the ventilation and
fresh air from the bedroom opening. During the night time hours this is the only place of
solitude and use within the property.
ARUP'S Incorrect Observations (ARUP - Page 16, 4.2)
ARUP states:
"Sprinkler noise was also noted and removed during the post processing."
This is a false statement. The Villa Balboa representative present throughout the entire testing
period witnessed the cessation of all sprinkler activity prior to the conduct of all tests with no
intervening periods of sprinkler activity.
Accordingly, no measurements of noise can be relegated to sprinkler noise making the
entire testing data questionable and unreliable. Data analysis that removed any alleged
sprinkler noise levels must be reanalyzed. Reported measurements are too low.
ARUP further states:
"It was requested that the roof mounted HVAC equipment at the Villa Balboa complex
was to be turned off during the measurements, however we understand that it was
operational."
HVAC equipment was turned off during the testing period per Action Management, Ryan Darby.
Hoag Report - Mitigation Measure 3.4-9 Cogeneration Plant Noise (Page S)
Hoag states that a number of changes have been made in the operational characteristics and
mechanical characteristics at the cogen plant. However, no evidence has been offered that any of
these changes will be effective other than during a single testing period on one April evening
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
which cannot be considered as representative of operations throughout the year under multiple
operating conditions such as those that occur during intense heat periods during the summer.
During the 2017 acoustical cogen testing period Hoag deployed yet another set of operating
characteristics proclaiming them as representative when in fact no evidence has been presented
that demonstrates the validity of the frequency of similar operating characteristics throughout the
year.
Proposed Solution to the One Night Per Year, Non Representative Testing Protocol
Acoustical testing during one night of the year cannot be portrayed as representative. Further,
allowing the tested entity to be the subject of the testing, while concurrently hiring, dispensing
payment, directing the testing protocol, and having an advanced opportunity to review the testing
results is an unacceptable procedure.
Acoustical measurements throughout the past several years consistently demonstrate readings
that are at or near acceptable thresholds, at times in excess of allowable metrics and sometimes
slightly less. The City of Newport Beach is not staffed to respond to a call at 3:00 a.m. when a
resident suspects a noise code violation, and it is impossible to replicate the conditions the
following day or evening. Villa Balboa proposes installation by the City of Newport Beach of a
remotely controlled and readable acoustical measurement device to monitor noise levels during
the hours of 10:00 p.m. to 7:00 a m.to resolve this matter through the use of readily available,
inexpensive technology throughout the year. No other mechanism for the effective monitoring
of noise emanating from the cogen plant has proven to be satisfactory.
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
HOAG'S CONTINUING FAILURE (2008 - 2017)
TO MEET THE REQUIREMENTS OF THE DEVELOPMENT AGREEMENT
"COVERAGE OF THE EAST WALL OF THE COGENERATION PLANT
WITH FLOWERING IVY"
Zoning Administrator's Minutes of May 14, 2015 Meeting (2015 Review)
Hoag received an admonition for its failures to show adequate progress on the wall of ivy in
2015 as shown in the minutes of that hearing. Newport Beach Zoning Administrator, Ms,
Wisneski in addressing the cogeneration "vine green screen" requested the following:
"...Hoag and staff to get creative to solve the issue before the next annual review."
Hoag did not perform as directed.
Zoning Administrator's Minutes of September 27, 2016 Meeting (2016 Review)
The minutes of the September 27, 2016 review of Hoag's compliance with the Development
Agreement stated the following:
"...(Hoag) should work with Villa Balboa to develop a strategy for the wall screen such
that the results are evident prior to April 2017."
"In 90 days the applicant should submit a report to the staff on its efforts."
Hoag submitted a report on December 22, 2016 in which it set forth its purported attempts to
address the request of the Zoning Administrator. However, as noted in the Villa Balboa response
to the report (January 17, 2017) failed to follow the directive of "working with Villa Balboa,"
submitting its unilateral unsatisfactory solution. On March 3, 2017 Villa Balboa followed with
its suggestion which Hoag refused to implement. (See Exhibit A.)
Hoag still has not performed as directed nor has it fulfilled its repeated promises to do so.
Throughout the many years following the completion of the 2008 Development Agreement Hoag
has elected to pursue the practice of implementing miniscule improvements with slight changes
in soil conditions, watering and fertilizing practices, and the utilization of significantly
undersized plant containers placed in areas that do not offer the prospect of any meaningful
change.
Various observers with horticulture backgrounds have consistently concluded that complete
coverage of the east facing side of the wall of ivy will require greater use of a larger soil base in
order to achieve Hoag's promise of "optimal coverage." Hoag has consistently refused to give
adequate consideration to this recommendation.
print Zoning Administrator - AuPaW, toff 2
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development AgreemeM Review
EXHIBIT A (PA2009-064
Subject: Summary of Meeting March 3, 2017
From: Richard Runyon (Irrunyon@yahoo.com)
To: roxanna.bryant@hoag.org; greg.simpson@hoag.org;
Cc: challstead@aol.com; lauren.howeil@bemus.com; Iloydandpat@hotmail.com;
nmknight@sbcglobal.net; rdarby@actionlife.com;
Bcc: Irrunyon@yahoo.com;
Date: Wednesday, March 8, 2017 9:15 AM
Roxanna and Greg,
Thank you for taking the time Friday afternoon to meet with the Villa Balboa Hoag Liaison
Committee. The Villa Balboa Homeowners Association believes it is important for us to continue
our communications to cultivate the relationship with our contiguous communities.
The following is a summary of our March 3, 2M meeting:
During our meeting to review Hoag's lower campus landscaping we discussed a number of issues that
affect the various aspects of Hoag's lower campus landscaping as set forth in the Development
Agreement. We noted that the recent rains have contributed to mostly rejuvenated vegetation, offset
in some instances with an apparent excess of water in some areas. Our horticulturist, Lauren Howell
of Berms Landscaping, offered a number of suggestions that could be helpful in improving several
conditions including trees that appear to be in need of attention and some landscaping islands in the
parking areas that also need remediation.
We devoted a significant amount of time in reviewing growth on the "wall of ivy" on the east facing
side of the cogen plant as required in the Development Agreement. While some marginal new growth
is evident it continues to be very disappointing that after nearly ten years the wall still has not been
covered with ivy. The current still meager growth of ivy, combined with the limited plantings and the
multi -story height of the wall, makes it unlikely that full coverage will be attained any time in the
foreseeable future. Villa Balboa offered several practical, inexpensive solutions that have significant
pptential in resolving this issue that has plagued this situation since the onset of the Development
Agreement, involving the following:
1. Install a second planter box inside the locked area adjacent to the base of the east side of the cogei}t
plant in the left comer, roughly the equivalent size of the planter in the right corner. (To replace the
very meager vase that currently houses a small amount of plantings.) This will enable a significantly
enhanced and enlarged area of soil containing a large amount of ivy to be planted in this area to
support the other current planter in filling in growth on the wall.
2. Add a substantial amount of new additional plantings within the current right side planter to further
enhance additional growth.
httns://us-mQ6.mail.vahoo.com/neo/launch?.rand=06tsafha4e951 7/31/2017
Print Zoning Administrator -APdkagev 2
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreem j' ev'i�f
EXHIBIT A, page 2 (PA2009-064
3. Devote significant regular attention to the proper maintenance of all ivy plantings with ample
water, fertilizer and continuous cultivation to enable unfettered growth.
Our estimates of the scope of work and financial commitment to complete the above are
approximately two days of labor and less than $1000 of materials and plants.
We invite your response to these suggestions. We believe that the above protocol will serve to
provide significant progress in addressing this longstanding shortcoming in resolving the failure to
provide full coverage of the wall of ivy.
Best Regards,
Dick Runyon - Chair, Villa Balboa Hoag Liaison Committee
1,dA. -/%,� .„..1... ;1 .'�Ik ... rn+r I" ^Al IInr119 rami=0AteaflhlndrQ51 7/Z1 /')01'7
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
EXHIBIT B (PA2009-064
Hoag Memonal
Hospital Frenh;sbytefian
Master Plan
Development Agreement
Annual Review
March 28, 2011 thru larch 1, 2012
PrTard by
1 SAN JOAQUIN PLAZA, SUITE 230
NEWPORT BEACH, CA 92660
(949) 717-7943 - (949) 717-7942, FAX
WWW.GOVSOL.COM
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
EJURBIT B, page 2 (PA2009-064
- HOAG MEMORIAL HOSPITAL PRE581TERIAN
'^j one Hoag Orive, PO Box 6108
'9P.rB Newport Beach, CA 92658-6108
March 9, 2012
Mr. Jim Campbell
Principal Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658-8915
RE: Hoag Hospital — Development Agreement 4th Annual Review
Dear Mr. Campbell:
Please find attached the required documentation to demonstrate Hoag's compliance
with the Development Agreement between Hoag Hospital and the City of Newport
Beach. As you are aware, this Development Agreement was adopted by the City
Council on April 22, 2008 by Ordinance No.2008-10 and is known as the
Amendment to Restated Development Agreement No. 5.
Per Section 5.2 of the Development Agreement, "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." It is our understanding based on discussions with city staff, that
we will be scheduled for the April 10th, 2012 City Council hearing per the above
noted requirement.
The enclosed Project Status Update is for the period of time from March 28, 2011
through March 1, 2012.
Sincerely,
Mr. Sanford Smith
Senior Vice President
Real Estate and Facilities
Enclosure
Hoag Hospital Newport Reach Hoag Hospital Irvine
One Hoag Onus 16200 Sand Carryon Avenue
Newport Beach, CA 92663 Irvine, CA92618
cA"ho'aY org
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
EXHIBIT B, page 3
2012 Update: To demonstrate the on-going maintenance and growth of this
area, we have attached photos taken this year of the area. (Attachment 3)
Cogeneration Plant
Hoag has engaged a landscape architect and a landscape construction and
maintenance company to review the status of the growth of the vines on the
CoGen trellis. It has become apparent that an existing Melaleuca tree has
shaded some of the vines growing on the screen. it has therefore been
trimmed to allow more light to pass through. Three 15 -gallon vines have
been planted to promote quicker coverage of the upper portion of the
CoGen screen and two large pots of two vines each have been plated to help
cover the lower part of the screen where no vines were growing. The new
vine planting includes a program to fertilize, irrigate and monitor growth.
A marked improvement in the growth and coverage of the vines should be
seen, but it could -take up to two years for the vines to reach full maturity
and provide optimal coverage.
Photos have been attached of the current conditions of the CoGen screen.
(Attachment 3)
E
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
EXHIBIT C
Evidence of Hoag's Ability to "Grow Ivy"
Hoag's "Wall of Ivy" - Upper Campus - Building 15
(Date of Photograph - April 2, 2017)
�tl
7T
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
EXHIBIT D
M
Evidence of Hoag's Failure to "Grow Ivy"
Hoag's "Sparse Wall of Ivy" - East Wall, Cogen Plant, Lower Campus
(Date of Photograph - April 2, 2017)
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
HOAG'S CONTINUING FAILURE (2008 - 2017)
TO MEET REQUIREMENTS OF MAINTAINING
TREE HEIGHT LIMITATIONS
Hoag's Failure to Act Upon or Report Violations of Tree Height Limitations
Hoag's 2017 Project Status Report states:
"No view analysis was necessary for this Annual Development review, as only interior
building remodels have occurred and no new additions have occurred on the Hoag
campus during this timeframe."
(See Hoag Report, page 4.)
This statement is incorrect. Building height limitations also apply to tree heights. Hoag has been
in violation of tree height limitations to varying degrees throughout recent reporting periods.
In the 2008 Hoag Memorial Hospital Presbyterian Development Agreement Compliance Report
Hoag, admitted it was in violation of tree height limitations and agreed to monitor and maintain
landscaping to address this issue. It has not done so.
"Tree height - trees are not to exceed the building height limitations. In the past, Hoag
was not diligent in trimming the trees based upon reports received from Villa Balboa
residents. Hoag has stepped up the tree trimming program and no apparent violations
exist and Hoag expressed a commitment to staff that they will monitor tree heights and
trim accordingly. This is an indication ofHoag's willingness to comply. "
(See Exhibit E, page 2, item iv)
This demonstrates that Hoag is not in good faith compliance with the Development
Agreement.
Attached exhibits demonstrate multiple tree trimming failures throughout Hoag's lower campus.
(See Exhibit F - close up view of violations of tree height limitations.)
(See Exhibit G - distant view of multiple violations of tree height limitations throughout the
Hoag lower campus.)
Hoag Hospital Development A�j ppr�r�pppppp77e zoning Administrator Ind �° d4"l 1
ITERfTT6.-66 4D1'Fi6NFFL'K/rl$���IAi 169 VED Hoag Development Agre en eview
(PA2009-064
EXIIIBIT E
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
April 16, 2008
Agenda Item 1
SUBJECT: ❑ [11-10 ❑ 0 ❑ ❑ Hoag Memorial Hospital Presbyterian
❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑�0❑�❑❑❑ Development Agreement Compliance
Review
CONTACT: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ James Campbell, Senior Planner
❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑0❑❑❑❑❑❑❑ (949) 644-321Q
campbellia,city.newport-beach.ca. us
INTRODUCTION
In 1992, the City of Newport Beach certified Final Environmental Impact Report (EIR) for the
Hoag Hospital Master Plan and adopted a Planned Community Development Plan and
District Regulations (PC Text) for Hoag Hospital. Additionally, the City approved and
executed a Development Agreement (DA) with Hoag Memorial Hospital Presbyterian. In
1994, the DA was amended by the City to incorporate revisions requested by the California
Coastal Commission (CCC). The revised Development Agreement was recorded on March
23, 1994 after CCC approval. The agreement has a 25 -year term and expires in 2019.
Section 5.4 of the Development Agreement requires the City to review the agreement on an
annual basis and determine Hoag❑s good faith compliance with the terms of the agreement.
RECOMMENDATION
Conduct public hearing and after the action on Agenda Item No. 2 (Master Plan update),
determine that Hoag is in good faith substantial compliance with the Development
Agreement.
DISCUSSION
The purpose of the Development Agreement (DA) is to ensure Hoag[is ability to develop the
hospital property consistent with the provisions of the DA itself, the PC Text and the Ellj
including its 120 mitigation measures. It also provides public benefits by dedicating Sunset;
View Park and funds for public improvements and studies outlined below. Chapter 15.45 of
the Municipal Code and Section 5 of the Development Agreement require Hoag to submit an
annual report for review by the City Council demonstrating their good faith compliance with
the terms of the Agreement.
Compliance review hearings were conducted in 1996, 1998 and 1999 and Hoag was found
to be in compliance. The City has not conducted a hearing since even though Hoag has
continued to submit the required information related to compliance. Staff has continued to
implement the Development Agreement, PC text and mitigation measures as required
throughout the term of the agreement.
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Hoag Hospital DevelopmentA reement Compliance ReEyiew Zoning Administrator - D 1� 6f7l I
ITE NO. 5b - ADDITIONA MATERIALS R CEIVED Hoag Development Agree nt eview
EXHIBIT E, page 2 (PA2009-064
iii) Modular office structure atop the south parking structure ❑ the height limit in that
area is 80 feet above mean sea level (MSL) and the overall height of the structure
Is 90 feet MSL. It appears that the permit was issued in error and Hoag as agreed
to remove the structure within 6 months, again showing Hoag❑s willingness to
comply.
iv) Tree height ❑ trees are not to exceed the building height limitations. In the past,
Hoag was not diligent in trimming the trees based upon reports received from Villa
Balboa residents. Hoag has stepped up the tree trimming program and no
apparent violations exist and Hoag has expressed a commitment to staff that they
will monitor tree heights and trim accordingly. This is an indication of Hoag❑q
willingness to comply.
v) Aesthetics - Complaints have been registered about the concrete industrial look of
the facility. Design review is not something the PC Text or Development
Agreement requires. Hoag has planted additional landscaping to screen the facility
and has agreed to plant additional landscaping along the lower campus to screeg
the facility. The proposed amendment of the PC Text discussed in the companioq
agenda item for the Master Plan Update contains additional landscape provisions.
vi) Cable rail fence - There is a protective railing on the north side of the facility
where it abuts the Sunset View Park that exceeds the height of the bluff and the
maximum building height. Residents of Villa Balboa complain that it blocks views
and that the barrier should be removed as it exceeds the maximum building
height. A protective railing is necessary for protection of park visitors as there is a
steep concrete slope down to the back wall of the cogeneration building. This area
cannot simply be filled in as the building was not designed for the additional load,
One way to lower the height of the protective fence is to lower the grade of the
park such that the top of the fence would be the elevation of the current ground
surface. This might improve private views but it would impact the public view anq
create a drainage issue. Another method might be to provide a 5 -foot -wide,
inaccessible buffer with landscaping. Thorny shrubs to discourage instruction
might block views and increased liability is a concern. This option is noj
recommended as it would not provide equivalent safety protection to the existing
railing. Clear acrylic panels could substitute, but they tend to loose clarity over
time and the existing cable rail barrier does not block views. Although the
protective railing should not have been proposed or permitted, the railing canna(
be eliminated without eliminating the cogeneration building itself. Staff concludeq
that the existing railing should simply remain.
2. Mitigation Measure Compliance
Hoag has submitted a comprehensive report suggesting that development has progressed in
full compliance with mitigation measures. The following major projects have been
undertaken since the last review hearing:
a) Upper Campus Central Plant ❑ completed in 2001
b) West Tower Renovation Project ❑ completed 2006
c) Hoag Conference Center ❑ completed in 2000
d) Lower Campus Terrace Parking Lot ❑ completed 1999
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Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
EXHIBIT F
D
Evidence of Hoag's Violation of Tree Height Limitation
Hoag Lower Campus Building - Close Up View
(Date of Photograph - August 4, 2017)
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
EXHIBIT G
Evidence of Hoag's Violation of Tree Height Limitation
Hoag Lower Campus Buildings - Distant View (Palms and Trees Near Buildings)
(Date of Photograph - August 4, 2017)
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
HOAG'S REPORT RE PLUME ABATEMENT IS INCOMPLETE
Incomplete Report Re Plume Abatement
The Hoag report provided by Yorke Engineering regarding plume abatement is incomplete.
The period covered by the current annual review is March 1, 2016 through March 31, 2017. The
required reporting period for plume abatement is November 1 through April 30. The report
submitted covers the period November 1, 2016 through March 30, 2017. The required reporting
must include the period of April 1, 2016 through April 30, 2016 as well. (Coverage of March 1,
2016 through March 31, 2016 was covered by previous year report.)
(See page 5, Hoag report, - Cogeneration Plant Energy Curtailment.)
Failure of Plume Abatement Technology
The plume abatement technology is not dependably successful in abating the plume emitted from
the cogen plant. The Hoag report makes no reference to failures of plume abatement.
The evidence shown in Exhibit H demonstrates a heretofore undocumented failure of the
abatement technology employed by Hoag. (See Exhibit H. Date of photograph - January 26,
2017.)
Zoning Administrator - August 10, 2017
ITEM NO. 5b - ADDITIONAL MATERIALS RECEIVED Hoag Development Agreement Review
(PA2009-064
1*14O11H00a
Evidence of Failure of Hoag's Plume Abatement Technology
Hoag Lower Campus - Cogeneration Plant
(Date of Photograph - January 26, 2017)