HomeMy WebLinkAbout2019-6 - Amending a Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. 2018-004)ORDINANCE NO. 2019-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL
PRESBYTERIAN (DEVELOPMENT AGREEMENT
AMENDMENT NO. 2018-004)
WHEREAS, on February 14, 1994, the City Council of the City of Newport Beach
("City") adopted Ordinance No. 94-8 approving Restated Development Agreement No. 5
("Development Agreement") between the City and Hoag Memorial Hospital Presbyterian
("Hoag") and the adopting ordinance became effective on March 16, 1994;
WHEREAS, Section 6.3, "Term of Agreement," of the Development Agreement
("Development Agreement") provides a twenty five (25) year term ("Term") from the
effective date of the original adopting ordinance;
WHEREAS, on May 13, 2008, the City Council adopted Ordinance No. 2008-10
approving an amendment to the Development Agreement ("Amendment") and this
ordinance became effective on June 12, 2008. The Amendment did not modify the
Term;
WHEREAS, Hoag applied for a second amendment to the Development
Agreement ("Second Amendment") to extend the Term and the application requests no
other changes to the Development Agreement, as amended, or to existing development
regulations;
WHEREAS, Hoag is currently requesting a six (6) month extension to the Term
to allow for the Parties to negotiate additional terms;
WHEREAS, California Government Code Section 65865.2 and Newport Beach
Municipal Code ("NBMC") Section 15.45.040 requires that development agreements
include the term, permitted uses, density and intensity of development, maximum height
and size of proposed buildings, and provisions for reservation or dedication of land for
public purposes;
WHEREAS, this Second Amendment satisfies Government Code Section
65865.2 and NBMC Section 15.45.040;
Ordinance No. 2019-6
Page 2 of 6
WHEREAS, pursuant to NBMC Chapter 15.45, the Planning Commission held a
public hearing on January 17, 2019, in the City Council Chambers, located at 100 Civic
Center Drive, Newport Beach, California, at which time the Planning Commission
considered the Second Amendment. A notice of time, place, and purpose of the hearing
was given in accordance with State law including California Government Code Sections
65867 and 65090 and the NBMC. Evidence, both written and oral, was presented to
and considered by the Planning Commission at the hearing. At the conclusion of the
hearing, the Planning Commission adopted Resolution No. PC2019-003,
recommending approval of Development Agreement No. 2018-004 (PA 2018-024)
reducing the requested extension to six (6) months to allow for continued discussions to
identify other mutually agreeable terms in exchange for potentially a longer term
extension;
WHEREAS, pursuant to NBMC Chapter 15.45, the City Council held a public
hearing on February 26, 2019, in the City Council Chambers, located at 100 Civic
Center Drive, Newport Beach, California, at which time the City Council considered the
Second Amendment. A notice of time, place, and purpose of the hearing was given in
accordance with State law and the NBMC. Evidence, both written and oral, was
presented to and considered by the City Council at the hearing;
WHEREAS, the City Council finds the Second Amendment is entered into
pursuant to, and constitutes a present exercise of, the City's police power;
WHEREAS, the City Council finds the Second Amendment is in the best
interests of the health, safety, and general welfare of the City, its residents, and the
public;
WHEREAS, the City Council finds the Second Amendment is consistent with the
General Plan Policy LU 6.1 Strategy 6.1.5 by supporting Hoag in its mission to provide
adequate facilities to meet the needs of area residents and by working with Hoag to
ensure that future development plans consider its relationship to and assure
compatibility with adjoining residential neighborhoods and mitigate impacts on local and
regional transportation systems;
WHEREAS, the City Council finds the Second Amendment consistent with
NBMC Section 15.45.040 as it includes all the necessary components including the
term, permitted uses, density and intensity of development, maximum height and size of
proposed buildings, and provisions for reservation or dedication of land for public
purposes when it adopted Ordinance 2008-10 in 2008;
Ordinance No. 2019-6
Page 3 of 6
WHEREAS, the City Council finds the Second Amendment is consistent with
provisions of state law (California Government Code Sections 65864-65869.5) and local
law (NBMC Chapter 15.45) that authorize binding agreements that: (i) encourage
investment in, and commitment to, comprehensive planning and public facilities
financing; (ii) strengthen the public planning process and encourage private
implementation of the local general plan; (iii) provide certainty in the approval of projects
in order to avoid waste of time and resources; and (iv) reduce the economic costs of
development by providing assurance to the property owners that they may proceed with
projects consistent with existing policies, rules, and regulations;
WHEREAS, in accordance with the California Environmental Quality Act
("CEQA") (Cal. Pub. Res. Code §§21000, et seq.) and its implementing State
regulations ("CEQA Guidelines") (14 Cal. Reg. §§15000, et seq.), the City of Newport
Beach prepared Final EIR No. 142 which was certified by the City in 1992. The Final
Environmental Impact Report ("EIR") No. 142 was prepared to address the potential
environmental effects associated with the Hoag Hospital Master Plan development
program. Final EIR No. 142 addressed potential environmental effects associated with
the phased reconstruction and development of the Upper Campus and the development
of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final
EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines
§15163, provided clarifications to the EIR and project, and was distributed before Final
EIR No. 142 was certified;
WHEREAS, a Supplemental Final Environmental Impact Report ("SEIR") (SCH
No. 19910071003) was prepared in accordance with the provisions of the CEQA, Public
Resources Code §§21000, et seq., and the State CEQA Guidelines, California Code of
Regulations §§15000, et seq. The purpose of the SEIR was to analyze the potential
impacts of the proposed changes to the Hoag Hospital Master Plan development
program. The City Council considered and certified the Supplemental Final
Environmental Impact Report on April 16, 2008, by adopting certain CEQA Findings of
Facts and a Statement of Overriding Considerations contained within Resolution No.
2008-27, which are hereby incorporated by reference;
WHEREAS, all significant environmental concerns for the proposed project have
been addressed in the previously certified Final Environmental Impact Report No. 142
(certified 1992) and its Supplemental Final Environmental Impact Report (certified 2008).
The proposed Second Amendment only extends the term of the agreement and does not
amend any development standards, development requirements, or mitigation measures;
and
Ordinance No. 2019-6
Page 4 of 6
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby finds that no additional environmental
review is required in accordance with Title 14 of the California Code of Regulations
Section 15162 in that the Second Amendment will not result in (1) substantial changes
to the project; (2) there are no substantial changes with respect to the circumstances
under which the project is undertaken; and/or (3) there is no new information of
substantial importance related to the project and its impacts. The Second Amendment
does not amend any development standards, development requirements and/or
mitigation measures but rather merely extends the term of the Agreement for an
additional six months.
Section 2: The Second Amendment between the City of Newport Beach and
Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. 2018-
004) attached hereto and incorporated herein by reference as Exhibit "A" is hereby
approved.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Ordinance No. 2019-6
Page 5 of 6
Section 5: To the fullest extent permitted by law, Hoag shall indemnify, defend
and hold harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney's fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this Second Amendment
(Development Agreement Amendment No. 2018-004) and/or the City's related
California Environmental Quality Act determinations related to this project. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by Hoag, City,
and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City
for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition. This Section 5 shall not in any way be
interpreted as limiting or superseding Hoag's indemnification obligations as set forth in
Sections 6.8 and 11.17 of the Development Agreement, as amended.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414, and the same shall become effective
thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 26th day of February, 2019, and adopted on the 12th day
of March, 2019, by the following vote, to wit:
AYES: Mayor Dixon, Mayor Pro Tem Will O'Neill Council Member Avery Council
NAYS:
RECUSED:
Member Brenner, Council Member Duffield Council Member Herdman
Council Member Muldoon
DIAW B. DIXON, MAYO
ATTEST:
LEI I I RO N, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
(21 --
AARON C. HARP, CITY ATTORNEY
Ordinance No. 2019-6
Page 6 of 6
Attachment(s): Exhibit "A" — Second Amendment to Restated Development
Agreement No. 5
EXHIBIT "A"
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO.5
BETWEEN
THE CITY OF NEWPORT BEACH
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to Calilbrnia Government Code Sections 658 64-658 69.5
and Newport Beach Municipal Code Chapter 15.45)
Approved February _, 2019
Ordinance No. 2019-
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
(Pursuant to California Government Code sections 65864-65869.5)
This SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
("Second Amendment") is entered into and effective on the date it is recorded with the Orange
County Recorder ("Effective Date") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation ("City"), on the one hand, and HOAG MEMORIAL
HOSPITAL PRESBYTERIAN, a California nonprofit public benefit corporation ("Hoag"), on
the other. City and Hoag are sometimes collectively referred to in this Second Amendment as
the "Parties" and individually as a "Party."
RECITALS
A. Hoag is the fee owner of approximately thirty eight (38) acres of real property
located in the City of Newport Beach, County of Orange, State of California, located at 1 Hoag
Drive (Assessor's Parcel No.'s 423-011-30, 423-011-28), ("Property"). The Property is more
particularly described in the legal description attached hereto and as Exhibit C and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit D and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement dated February
14, 1994, for reference purposes and recorded in the Official Records of Orange County on
March 23, 1994, as document number 94-0207276 ("Agreement").
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 ("Amendment"). All terms not otherwise
defined in this Second Amendment shall have the meanings given them in the Amendment and
the Agreement.
D. Under the Agreement, the Term of the Agreement was for twenty five (25) years
and the Parties now desire to enter into this Second Amendment to the Agreement to extend the
Term another six (6) months.
E. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City -of Newport Beach Municipal Code ("NBMC")
Regarding Development Agreements" that amended the terms of NBMC Section 15.45 (the
"Development Agreement Statute and Ordinance"). This Second Amendment is consistent
with the Development Agreement Statute and Ordinance.
G. This Second Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General Plan's designation of the Property as "Private
Institutions - PI," and the Amendment and Agreement.
H. On January 17, 2019, the Planning Commission held a properly noticed public
hearing on this Second Amendment and considered the testimony and information submitted by
City staff, Hoag, and members of the public. On January 17, 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the Planning Commission
adopted Resolution No. PC2019-003, recommending the City Council approve this Second
Amendment.
I. In recognition of the significant public benefits that the Agreement, as amended,
provides, the City Council has found that this Second Amendment: (i) is consistent with the City
of Newport Beach General Plan as of the date of the Agreement, the Amendment, and this
Second Amendment; (ii) is in the best interests of the health, safety, and general welfare of City,
its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of,
City's police power; (iv) is consistent and has been approved consistent with the final
Environmental Impact Report (FEIR No. 142) ("FEIR") and the supplemental Environmental
Impact Report (EIR No. ER2007-003) (SCH#1991071003) ("EIR") that have been certified by
the City Council on or before the Agreement Date, which analyzed the environmental effects of
the proposed development of the Project on the Property, and all of the findings, conditions of
approval and mitigation measures related thereto; and (v) is consistent and has been approved
consistent with provisions of California Government Code section 65867 and NBMC chapter
15.45.
J. On February 26, 2019, the City Council held a properly noticed public hearing on
this Second Amendment and considered the testimony and information submitted by City staff,
Hoag, and members of the public. On , 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019-_, finding the Second Amendment to be consistent
with the City of Newport Beach General Plan and approving this Second Amendment.
AGREEMENT
NOW, THEREFORE, City and Hoag agree as follows:
Term of Agreement. Section 6.3 is hereby amended in its entirety to read as
follows:
"Term of Agreement. The term of this Agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 2019, unless otherwise
terminated or modified pursuant to this Agreement. Any modifications to this
Agreement prior to effective certification of the City's Local Coastal Program
("LCP"), are subject to the review and approval of the Coastal Commission or its
successor agency."
2. Full Force and Effect. Except as modified by this Second Amendment, the
Agreement and Amendment, attached hereto as Exhibit A and Exhibit B, respectively, are
incorporated into this Second Amendment and shall remain in full force and effect.
3. Recitals. The Recitals set forth above are true and correct and incorporated
herein by reference.
4. Counterparts. This Second Amendment may be signed by the Parties in
different counterparts and the signature pages combined shall create a single document binding
on all Parties.
2
5. Recordation. The City Clerk of City shall record this Second Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section
15.45.100.
[SIGNATURE PAGE FOLLOWS]
Attachments - Exhibit A: Development Agreement dated February 14, 1994
Exhibit B: Amendment to Restated Development Agreement No. 5 dated June 17,
2008
Exhibit C: Legal Description
Exhibit D: Legal Depiction
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FO
By:
Aaron C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Diane B. Dixon, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guarm
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On 520 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
(seal)
State of Califomia
County of } ss.
On 120 before me, Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
-5-
(seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On 520 before me, , Notary Public,
personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of } ss.
On 120 before me, , Notary Public,
personally appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Ell
(seal)
EXHIBIT A
DEVELOPMENT AGREEMENT DATED FEBRUARY 14, 1994
-Al-
f
GML%VMME $103
Recording Requested By and
When Recorded Return to:
City Clerk' I? �•
City of Newp rt Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
0—
•
DOC # 94-4247276
23—MAR-1994 03:-9 pM
Recorded in official Records
of Orange County, California
Lee A. Branch, County Recorder
Page I of 61 fees: f 0.00
Tax: t 0. VV
RECE ED
PR 6 1994
DEVELOPMENT AGREEMENT \?�
BETWEEN
THE CITY OF NEWPORT BEACH
AND f ,
HOAG MEMORIAL HOSPITAL PRESBYTERIAN D�
Approved February 14, 1994
Ordinance No. 94-8
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoag").
RECITALS. This Agreement relates to the following:
1.1 Purpose of Agreement. This Agreement is intended to:
(a) Enable Hoag to adapt to the ever changing health care
needs of those residents within its service area by
authorizing design parameters of new or additional
facilities in a manner that will allow Hoag to respond
to rapid changes in medical and health care technology
and delivery systems.
(b) Establish strict, binding limits on the amount and
height of permitted development as well as ensure
compliance with numerous conditions on the density,
location, and timing of construction to minimize, to
the extent feasible, any environmental impacts of
Hoag's proposed expansion.
(c) Impose exactions such as dedication of property,
construction of public improvements and/or the
installation of landscaping visible to the public,
which, when considered in conjunction with the public
services provided by Hoag, benefit the general public.
1.2 Authorization. This Agreement is authorized by, and is
. consistent with, the provisions of 65864 et seq. of the
Government Code of the State of California, and Chapter 15.45
of the Newport Beach Municipal Code.
1.3 Interest of Hoaa. Hoag is the legal and/or equitable owner of
approximately forty (40) acres of real property located in the
City and more particularly described in Exhibit "A" and
depicted in Exhibit "B" (the "Property").
1.4 Development of the Property. This Agreement authorizes
development on the Property consistent with the Hoag Memorial
Hospital Presbyterian Master Plan and Planned Community
Development Plan ("Master Plan", a copy of which is attached to
this Agreement as Exhibit "C" and incorporated by reference
when appropriate), subject to the conditions and mitigation
measures identified in Environmental Impact Report No. 142 and
imposed by the City Council as conditions to approval of the
Master Plan and this Agreement and, for all development within
Alk
the coastal zone subject to approval of a coastal development
permit by the California Coastal Commission or its successor
agency.
1.5 Planning Commission/City Council Hearings. The Planning
Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed
Master Plan, and the EIR on December 5, 1991, January 9, 1992,
January 23, 1992, February 6, 1992, and February 20, 1992. The
• City Council conducted public hearings on the Master Plan, this
Agreement and the EIR on March 23, 1992, March 30, 1992, April
13, 1992 and May 11, 1992.
1.6 Consistency. This Agreement is consistent with the various
elements of the Newport Beach General Plan, the Master Plan,
and other applicable ordinances, plans, and policies of the
City. This Agreement is also consistent with the purpose and
intent of state and local laws authorizing development
agreements in that it represents comprehensive planning,
provides certainty in the approval of subsequent projects
subject to compliance with conditions, reduces the economic
costs of development by providing assurance to Hoag that it may
generally proceed with projects in accordance with existing
regulations, and provides assurance to adjoining property
owners that limits on the height of structures and amount of
development as specified in the Master Plan and this Agreement
will remain in full force and effect for a period of twenty-
five (25) years.
1.7 Police Power. The City Council has determined that this
Agreement is in the best interests of the health, safety and
general welfare of the City, its residents and the public, was
entered into pursuant to, and represents a valid exercise of,
the City's police power, and has been approved in accordance
• with the provisions of state and local law that establish
procedures for the approval of development agreements.
1.8 City Ordinance. on February 14, 1994, the City Council adopted
Ordinance No. 94-8 approving this Agreement and authorizing the
City to enter into this Agreement. The Adopting Ordinance will
become effective on March 16, 1994.
2. DEFINITIONS.
2.1 The "Adopting Ordinance" refers to City Ordinance No. 94-8,
adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
2.2 "Agreement" refers to this "Development Agreement Between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian".
Aft
t
2.3 "Annual Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4 The "Approval Date" means the date on which the City Council
voted to adopt the Adopting Ordinance.
2.5 All forms of use of the verb "assign" and the nouns
"assignment" and "assignee" shall include all contexts of
• hypothecations, sales, conveyances, transfers, leases, and
assignments.
2.55 "California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6 "CEOA" and the "CEOA Guidelines" refers to the California
Environmental Quality Act and the CEQA Guidelines promulgated
by the Secretary of Resources of the State of California,
including any amendments adopted subsequent to the Effective
Date.
2.7 "City" refers to the City of Newport Beach, California.
2.8 "City Council" refers to the City Council of the City.
2.9 "Cure Period" refers to the period of time during which a
Default may be cured pursuant to Section 9.
2.10 A "day" or "days" refers to a calendar day, unless expressly
stated to be a business day.
2.11 A "Default" refers to any material default, breach, or
violation of the provisions of this Agreement. A "City
• Default" refers to a Default by the City, while a "Hoag
Default" refers to a default by Hoag.
2.12 The "Effective Date" refers to the effective date of the
Adopting Ordinance and is the effective date of this Agreement.
provided however, the Agreement has been approved by the
California Coastal Commission, and the Executive Director of
the Coastal Commission is in receipt of a copy of this
Agreement signed by both parties.
2.13 The '_'EIR" refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14 An "Estoppel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
3
Aak
2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
• Exhibit A: Legal Description of the Property
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17 "Existing General Regulations" means those General Regulations j
approved by the •City on or before the Approval Date
(irrespective of their effective date) and not rescinded or
superseded by City action taken on or before the Approval Date.
2.18 "Future General Regulations" means those General Regulations
(see Section 2.19 below) adopted by the City after the Approval f
Date.
2.19 "General Regulations" means those ordinances, rules,
regulations, policies, and guidelines of the City, which are !
generally applicable to the use of land and/or construction
within the City and include, the Fair Share Traffic
contribution Fee Ordinance, Uniform Building Codes and water
and sewer connection and fee ordinances.
• 2.20 "General Plan" refers to the City's General Plan in effect on
the Approval Date, plus all amendments to the General Plan
adopted by the City on or before the Approval Date and
effective prior to the Effective Date.
2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non-
profit corporation.
2.22 "Includes" and all contexts and forms of the words "includes"
and ".including" shall be interpreted to also state "but not
limited to."
2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian
Master Plan and Planned Community Development Plan which was
adopted by the City on May 26, 1992 (Exhibit "C").
2.24 "Mortaagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
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transaction under which all or a portion of the Property,
including those portions acquired by assignees, is used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
portions acquired by assignees.
2.25 "Notice" refers to any written notice or demand between the
Parties required or permitted by this Agreement.
• 2.26 The "Partieg"" refers to the City and Hoag and a "Party" shall
refer to either of the Parties.
2.27 "Planning Commission" refers to the Planning Commission of the
City.
2.28 The "Pro'ec " refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.29 "Project Specific Approvals" means all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or Future General
Regulations.
2.30 The "Property" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DEDELOPMENT.
3.1 Introduction. The provisions of this Section express the
intent of the parties regarding the extent to which this
Agreement vests Hoag's right to proceed with the development
described in the Master Plan. Hoag acknowledges that its right
to proceed with development described in the Master Plan is
subject to numerous conditions and mitigation measures
including the following:
(a) The specific limitations and restrictions contained in
the Master Plan;
(b) Conditions and mitigation measures imposed by the City
Council to mitigate significant effects identified in
the EIR;
(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) Conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 81 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
. this Agreement.
(f) Compliance with Existing General Regulations.
3.2 _Compliance with Master Plan Conditions/Mitiaatipa Measures.
Hoag acknowledges that City Council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. Specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
• (c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic Study);
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(g)
Preparation and approval of a project trip generation
study as a condition to construction of development in
Phases II and III of the Master Plan;
(h)
Preparation and approval of a Traffic Phasing Ordinance
analysis prior to construction of development in Phase
II and Phase III of the Master Plan;
(i)
Preparation of a view impact analysis of each proposed
building prior to issuance of permits;
(j)
Analysis and mitigation of emissions in accordance with
the regulations of the South Coast Air Quality
Management District;
(k)
Preparation and approval of a construction phasing and
traffic control plan for each phase of development.
Hoag's right to develop the Property pursuant to the Master
Plan is contingent upon compliance with, and satisfaction of,
the conditions and mitigation measures imposed by. the City
Council as of the Approval Date, conditions imposed by the
California Coastal Commission required for approval of coastal
development permits, as well as conditions and mitigation
measures resulting from subsequent environmental analysis as
specified in Paragraph 3.3.
3.25 Future Coastal Act discretionary review may result in specific
mitigation measures to ensure consistency with the Coastal Act
that require compliance with, or satisfaction of, standards
before grading or construction can occur.
3.3 Program EIR. Hoag acknowledges that the EIR is a "Program
IR." The EIR analyzes the impacts of construction phased over time and,
ursuant to CEQA, City is under a continuing obligation to analyze Hoag's
equests for Project Specific Approvals to ensure the environmental impacts
associated with the request were fully addressed in the EIR. Subsequent
environmental documentation is required if this analysis reveals
environmental impacts not fully addressed in the program EIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal Commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
Commission or the appropriate entity of its successor agency.
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Regulations. Hoag is required to
comply with the Existing General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
• for Project Specific Approval. Hoag shall also comply with any
Future General Regulations that do not impair Hoag's ability to
develop the Property in accordance with the density, intensity,
height and location of development specified in the Master
Plan. Hoag shall also comply with all provisions of the
Uniform Building Code, whether adopted before or after the
Approval Date, which are in effect at the time applications for
Project Specific Approvals are submitted. Hoag shall also
comply with the Coastal Act and the City's certified Local
Coastal Program.
4. RIGHT TO DMLOPNENT.
4.1 Right to Develop. Subject to compliance with the provisions of
Sections 3 and 8.2, Hoag shall have a vested right to develop
and receive Project Specific Approvals for construction on the
Property to the full extent permitted by the Master Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
• 4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construction and Completion of Project. Subject to
the provisions of this Agreement and the Master Plan, Hoag
shall have the right to decide the timing, phasing, and
sequencing of construction on the Property and shall be
entitled to apply for, and receive approval of, in a timely
manner, permits or approvals at any time.
5. ANNUAL RE'oISA.
5.1 City. and Hoag Responsibilities. At least every twelve (12)
months during the Term, the City shall review Hoag's good faith
substantial compliance with this Agreement (the "Annual
Review"). After the Annual Review, the City's finding of good
faith compliance by Hoag shall be conclusive for the purposes
of future Annual Reviews or legal action between the Parties.
Either Party may address any requirements of the Agreement
during the Annual Review. However, fifteen (15) days' written
Notice of any requirement to be addressed shall be made by the
requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed,
the review shall be continued at the request of either Party to
afford sufficient time for analysis and preparation of a
response.
5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of
Chapter 15.45 of the Newport Beach Municipal Code.
5.3 Information to be Provided to Hoaq. The City shall mail to
Hoag a copy of the staff report and related exhibits concerning
Agreement performance a minimum of ten (10) days before the
Annual Review.
• 5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall include an analysis of the view impacts of
buildings constructed in comparison to the anticipated views as
depicted in the EIR. For the five year monitoring period
imposed by the Department of Fish and Game Streambed Alteration
Agreement entered into between the Department of Fish and Game
and Hoag, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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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.
5.5 Review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
• stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 Estoppel Certificate. Either Party may at any time deliver
written Notice to the other Party requesting an estoppel
certificate (the "Estoppel Certificate") stating:
(a) The Agreement is in full force and effect and is a
binding obligation of the Parties.
(b) The Agreement has not been amended or modified either
orally or in writing or, if so amended, identifying the
amendments.
(c) No Default in the performance of the requesting Party's
obligations under the Agreement exists or, if a Default
does exist, the nature and amount of any Default.
A Party receiving a request for an Estoppel Certificate shall
provide a signed certificate to the requesting Party within
thirty (30) days after receipt of the request. The Planning
Director may sign Estoppel Certificates on behalf of the city.
An Estoppel Certificate may be relied on by assignees and
Mortgagees. The Estoppel Certificate shall be substantially in
• the same form as Exhibit "D."
5.7 Failure to Conduct Annual Review. The City's failure to
conduct an Annual Review shall not constitute or be asserted by
the City as Hoag's Default.
6. GENERAL PROVISIONS.
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting Ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zone as defined by the California Coastal Act (Division
10
20, California Public Resources Code, beginning with section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed.
• 6.3 Term of Agreement. The term of this Agreement (the "Term")
shall begin on the Effective Date and continue for twenty-five
(25) years unless otherwise terminated or modified pursuant to
this Agreement. Any modifications to this Agreement prior to
effective certification of the City's Local Coastal Program
(LCP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.4 Assignment. Hoag has the absolute right to assign (see Section
2.5) its rights and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
• basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) Subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors and assigns.
6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project; or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
Section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
CONFLICTS OF LAW.
7.1 Conflict with State and Federal Laws and Regulations. Where
state or federal laws or regulations prevent compliance with
one or more provisions of this Agreement, those provisions
shall be modified, through revision or suspension, to the
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extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
is required (as opposed to permitted) by state and
• federal laws or regulations;
(b) the modifications must be limited to those required (as
opposed to permitted) by the state or federal laws;
(c) the modified Agreement must be consistent with the
state or federal laws or regulations which required
modification or suspension;
(d) the intended material benefits of this Agreement must
still be received by each of the Parties after
modification;
(e) neither the modification nor any applicable local,
state, or federal laws or regulations, may render the
modified Agreement impractical to enforce; and
(f) Hoag consents in writing to the modification.
(g) Any modifications, prior to effective certification of
the City's Local Coastal Program (LCP) are subject to
approval of the Coastal Commission or its successor
agency.
Hoag shall have the right to seek judicial review of any
proposed modification to ensure compliance with this
Section.
7.2 Effect of Termination. If this Agreement is terminated as a
result of changes in state or federal law, Hoag remains
obligated to comply with the provisions of Section 8.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25%) of the maximum permitted development.
PUBLIC BENEFITS/E%ACTIONS.
8.1 Public Benefits City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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Plan and this Agreement confer benefits on the public and
nearby residents by imposing long term restrictions on the
height, amount and location of development as well as the
public improvements described in Section 8.2.
8.2 Exactions. Hoag shall, as a condition to the right to develop,
do the following:
(a) Prior to commencement of development, irrevocably offer
• to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the EIR. The City shall accept the offer
of dedication within sixty (60) days after the initial
grading permit has been finalled by the City. The
first stage of development shall include grading of the
public linear and consolidated viewpark identified in
Figure 3.2.1. of Volume I of the EIR. Hoag shall grade
and excavate the slope adjacent to the proposed .28
(28/100) acre consolidated public view park and .52
(52/100) acre public linear view park in a way that
ensures stability of the park and adjacent slopes. The
grade (between the bicycle path and edge of slope) of
the view parks shall be the minimum necessary to insure
adequate drainage. The improvement for the linear and
consolidated public parks shall be completed within
three (3) years after the offer of dedication has been
accepted by the City. The City shall ensure that
adequate erosion control measures are implemented prior
to construction.
(b) Subsequent to the approval of this Agreement by the
Coastal Commission and the expiration of any statute of
limitation for filing a legal challenge to this
Agreement, the Master Plan, or the EIR, Hoag shall
• deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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9. DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
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(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in west Newport to park land and public
recreation facilities proposed in conjunction with
development of the West Newport Oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
•
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement by ten percent (10%) or
more from that authorized in the Master Plan.
9. DEFAULT, REMEDIES AND TERMINATION.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
• 9.2 Option to Institute Legal Proceedings or to Terminate. If an
alleged Default is not cured within the Cure Period, the
noticing Party must give the defaulting Party a Notice of
intent to terminate the Agreement. Within thirty (30) days
after giving of the Notice, the City Council shall hold a
public hearing in the manner set forth in Government Code
Sections 65865,65867, and 65868, as amended, to consider and
review the matter.
9.3 Notice of Termination. After considering the evidence
presented to the City Council, the Party alleging the Default,
at its option, may give written Notice of termination of the
Agreement to the other Party and the Agreement shall be
terminated immediately upon giving the Notice. A termination
shall be valid only if good cause exists and clear and
convincing evidence was presented to the City Council to
establish the existence of a Default. The findings of the City
Council as to the existence of a Default shall have no weight
in any legal proceeding brought to determine the existence of
a Default. The validity of any termination may be challenged
pursuant to Section 11.16, in which case the court must render
an independent judgment, on the basis of clear and convincing
• evidence, as to the existence of good cause for termination.
Termination may result only from a material Default of a
material provision of this Agreement.
9.4 Waiver. Failure or delay in giving Notice of Default shall not
waive a Partyls right to give future Notice of the same or any
other Default.
9.5 Default by Hoag. If the City alleges a Hoag Default, the City
shall conduct a hearing utilizing the Annual Review procedures
required by this Agreement before the City may commence legal
proceedings to terminate this Agreement.
9.6 Default by the City. If Hoag alleges a City Default, Hoag,
without limiting any of its other remedies, shall not be
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obligated to proceed with or complete the Project or any phase
of the Project, nor to perform any further obligations under
the Agreement. Upon a City Default, any resulting delays in
Hoag's performance shall neither be Hoag's Default nor
constitute grounds for termination or cancellation of the
Agreement by the City.
ENCUMBRANCES AND RELEASES ON PROPERTY.
10.1 Discretion to Encumber. Hoag may encumber all or any portion
of the Property in any manner. The City acknowledges that
lenders providing financing may require technical modifications
to the Agreement which do not materially alter the intent of
the Parties. The City agrees to meet, upon request, with Hoag
and/or lenders to negotiate in good faith any lender request
for modification. The City agrees to not withhold unreasonably
its consent to such modification. Any such modification, prior
to effective certification of the City's Local Coastal Program
(LCP), is subject to the review and approval of the Executive
Director of the Coastal Commission or its successor agency.
10.2 Entitlement to Written Notice of Default. Any Mortgagee and
its successors and assigns, upon written request to the City,
shall be entitled to receive from the City written Notice of
any Hoag Default at the same time Hoag is provided with Notice
pursuant to Section 9.1.
MISCELLANEOUS PROVISIONS.
11.1 Notices. All Notices (see Section 2.26) shall be written and
delivered by personal delivery (including Federal Express and
other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express
mail, or telegram to the addresses set forth below. Receipt
shall be deemed complete as follows:
(a) For personal delivery, upon actual receipt;
(b) For registered, certified, or express mail, upon the
delivery date or attempted delivery date as shown on
the return receipt; and
(c) For telegram, upon the transmission of the telegram.
Notices shall be addressed as follows:
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To the City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: city Manager
40 To Hoag: Hoag Memorial Hospital Presbyterian
Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, McHolm 6 Winton
19100 Von Barman, 8th Floor
P.O. Box 19613
Irvine, CA 92713-9613
The addresses to which Notices shall be sent may be changed by
giving Notice of a new address.
11.2 Enforced Delav;Extension of Time of Performance. Neither Party
shall be deemed to be in Default where delays or non-
performance are due to war, insurrection, strikes, walkouts,
riots, floods, earthquakes, fires, oil spills, casualties, acts
of nature, unavailability of materials, governmental
restrictions imposed or mandated by governmental entities,
suspension of rights in accordance with the existence of
unforeseen circumstances, litigation, or similar bases for
. excused performance. If written Notice of such delay is given
to the other Party within thirty (30) days after such delay
begins an extension of time for performance shall be granted in
writing for the period of the delay, or longer as may be
mutually agreed upon. In no event shall the term of this
Agreement be extended as a result of the application of this
Subsection.
11.3 Severability. If any material part of the Agreement is found
by a court to be invalid, void, or illegal, the Parties shall
modify the Agreement to implement the original intent of the
Parties. These steps may include the waiver by either of the
Parties of their right under the unenforceable provision. If,
however, the Agreement objectively cannot be modified to
implement the original intent of the Parties and the Party
substantially benefitted by the material provision does not
waive its rights under the unenforceable provision, the entire
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Agreement shall become void. For purposes of this Section, and
without excluding the possible materiality of other provisions
of this Agreement, all provisions of Sections 3, 4 and 8 are
deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire
understanding and Agreement of the Parties regarding the
subject matter of this Agreement. This Agreement supersedes
. all negotiations and previous agreements between the Parties
regarding that subject matter.
11.5 waivers. All waivers of the provisions of this Agreement must
be in writing and signed by the Party making the waiver and,
prior to effective certification of the City's Local Coastal
Program (LCP), are subject to approval of the Coastal
Commission or its successor agency.
11.6 Incorporation of Recitals. The Recitals set forth in Section
1 are part of this Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall
do anything which shall have the effect of harming or injuring
the right of the other Party to receive the benefits of this
Agreement.
11.8 Further Actions and Instruments. Upon the request of either
Party, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings and take any
• actions as may be reasonably necessary under the terms of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
11.9 Successors and Assigns. Subject to Section 6.3 above, the
burdens of this Agreement shall be binding upon, and the
benefits of the Agreement inure to, all successors -in -interest
and assigns of the Parties.
11.10 gonstruction of Agreement. All language in all parts of this
Agreement shall be construed as a whole and given its fair
meaning. The captions of the paragraphs and subparagraphs are
for convenience only and shall not be considered or referred to
in resolving questions of construction. This Agreement shall
be governed by the laws of the state of California. This
Agreement is not intended to impermissibly contract away the
19
Aak
legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
• performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 Recording. The City Clerk shall cause a copy of this Agreement
to be executed by the City and recorded in the official Records
of Orange County no later than ten (10) days after the
Effective Date. The recordation of this Agreement is deemed a
ministerial act and the failure of the City to record the
Agreement as required by this Section and Government Code
Section 65868.5 does not make the Agreement void or
ineffective.
11.15 Institution of Legal Action. In addition to any other rights
or remedies, either Party may institute legal action to cure,
•
correct, or remedy any Default, to enforce any provision of this Agreement, to enjoin any threatened or attempted violation
of this Agreement, to recover damages for any Default, or to
obtain any remedies consistent with the purpose of this
Agreement. Legal actions shall be instituted in the Superior
Court of the County of Orange, State of California, or in the
Federal District Court in the Central District of California.
11.16 Attorneys' Fees. In any arbitration, quasi-judicial,
administrative, or judicial proceeding between the Parties
initiated with respect to this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
20
AMk
Date: °T�a�-9v , 1994 CITY OF NEWPORT BEACH
By/Git fL�'uwy
Clarenceorurner, Mayor
Date: March 9 , 1994 HOAG MEMORIAL OSPIT l RESBYTERIAN
• By:11.41
Albert
Chairman of t e Board
wbft&gdab. fnl
1/21/96
•
Amk
21
Exhibit A
LEGAL DESCRIMON
The subject property is the following real property in the City of Newport Beach, County
of Orange, State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in
• Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page
88 of Miscellaneous Maps, Records of Orange County, California.
Parcel 2:
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map
recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange
County, California.
40
Exhibit B
' ' Li - ci► l r°�+w.i� � 1 -' 11-6► � �
Q67A.iypp M11iON
•
Exhibit C
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
. Recommended for Approval
by the Planning Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26, 1992
•
May 26. 1992
TABLE OF CONTENTS
Introduction
General Notes
Definitions
Development Plan
District Regulations
Sign Program
Parking Program
Landscape Regulations
Site Plan Review
Page
Number
1
2
4
6
11
20
22
24
27
i
EXMBITS
Page
Number
• 1. Planned Community Development Plan 7
2. Internal Circulation 9
3. Development Criteria 15
•
TABLES
1. Statistical Analysis 10
2. Parking Requirements 23
May 26, 1992
ii
1. INTRODUCTION
Backeround
. The Hoag Memorial Hospital Presbyterian Planned Community District in the City of
Newport Beach has been developed in accordance with the Newport Beach General
Plan. The purpose of this Planned Community District is to provide a method whereby
property may be classified and developed for hospital -related uses. The specifications
of this District are intended to provide land use and development standards supportive
of the proposed use while ensuring compliance with the intent of all applicable
regulatory codes.
The Planned Community District includes district regulations and a development plan
for both the upper and lower campuses of Hoag Hospital. In general, over the long
term, the upper campus will become oriented primarily towards emergency, acute and
critical care (predominantly inpatient) uses and the lower campus will be developed with
predominantly outpatient uses, residential care and support services.
Whenever the regulations contained in the Planned Community text conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in the
Planned Community text shall take precedence. The Municipal Code shall regulate this
development when such regulations are not provided within these district regulations.
All development within the Planned Community boundaries shall comply with all
provisions of the Uniform Building Code and other governing building codes.
•
May 26, 1992
F-1
II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of
Newport Beach.
02. Development of the subject property will be undertaken in accordance with the
flood protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council
Policies K-5 and K-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply. The contents of this text notwithstanding, all
construction within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, other various codes
related thereto and local amendments.
5. All buildings shall meet Title 24 requirements. Design of buildings shall take into
account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving
heating and lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire
Department.
7. New mechanical appurtenances on building rooftops and utility vaults, excluding
• communications devices, on the upper campus shall be screened from view in a
manner compatible with building materials. Rooftop mechanical appurtenances
or utility vaults shall be screened on the lower campus. Noise shall not exceed
55 dBA at all property lines. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
May 26, 1992
8. Grading and erosion control shall be carried out in accordance with the
provisions of the City of Newport Beach Grading Ordinance and shall be subject
to permits issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by
Orange County Sanitation District No. 5. Prior to issuance of any building
• permits it shall be demonstrated to the satisfaction of the Planning Department
that adequate sewer facilities will be available. Prior to the occupancy of any
structure it shall be further demonstrated that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall be installed within 30 days of the completion
of grading.
•
May 26, IM
Ank
3
III. DEFINMONS
Building Elevation:
1. a vertical distance of a building above or below a fixed reference level,
i.e., MSL (mean sea level).
• 2. a flat scale drawing of the front, rear, or side of a building.
BuildingF�velm: the volume in which a building may be built as circumscribed by
setback lines and maximum allowable building heights.
Building Height: the vertical distance measured from the finished grade to the
highest point of the structure. At all points, the height measurement shall run with the
slope of the land.
Emerge_,gy Room:, a service and facility designated to provide acute emergency medical
services for possible life threatening situations.
Fast Aid: low acuity medical treatment for non -life threatening situations.
General Plan: the General Plan of the City of Newport Beach and all elements thereof.
Grade: for the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or
other site preparation related to, or to be incorporated into,
a proposed new development or alteration of existing
developments. (Grades may be worked into buildings to
allow for subterranean parking.)
2. Natural - the elevation of the ground surface in its natural state
before man-made alterations.
3. Existing - the current elevation of ground surface.
InpatientUses: hospital patient services which require overnight stay.
Landscape Area: the landscape area shall include on-site walks, plazas, water, rooftop
May 26, 1992 4
landscaping.and all other areas not devoted to building footprints or vehicular parking
and drive surfaces.
Mean Sea Level: a reference or datum mark measuring land elevation using the
average level of the ocean between high and low tides.
Outpatient Uses: hospital patient services which do not require overnight stay.
41
Residential Care: medically -oriented residential units that do not require the acuity
level generally associated with inpatient services but require overnight stays.
Site Area: for the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2 Net - parcel area after dedications.
Special Landscaped Street: West Coast Highway is designated as a special landscaped
street, containing special landscape requirements.
Streets: reference to all streets or rights-of-way within this ordinance shall mean
dedicated vehicular rights-of-way.
•
MAY A IM 5
IV. DEVELOPMENT PLAN
� r., KelI.x V3ii
The upper campus of Hoag Hospital is located on a triangular site of approximately
1757 acres and is bounded by Newport Boulevard to the east, Hospital Road to the
• north and existing residential developments (the Versailles and Villa Balboa/Seafaire
condominiums) to the west. The lower campus is located north of West Coast Highway,
south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and
adjoins the upper campus at its eastern boundary. The upper campus is, and will
continue to be, oriented towards inpatient functions, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1.
From 1990 to 2015, many of the existing buildings shown on the Development Plan for
the upper campus may be redeveloped in order to functionally respond to the needs of
the Hospital and conform to the requirements of State agencies.
The Development Plan includes a 0.8 acre view park adjacent to the bike trail between
the lower campus and the Villa Balboa/Seafaire Condominiums. This view park
includes a twenty -foot wide linear park area adjacent to the bike path (approximately
OS acres) and a consolidated view park at the westerly edge of the property (approxi-
mately 03 acres). A bike trail connection is also provided between the existing bike
trails at the northern and southern boundaries of the lower campus. Access to the lower
• campus will be from West Coast Highway and Superior Avenue, as well as from Hospital
Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital related
uses. Instead, a developable area is identified based on the regulations established for
this Planned Community District. Because of the dynamic nature of the health care
industry which leads to rapid technological changes that effect how health care services
are delivered, the Development Plan for Hoag Hospital sets development caps as a
function of allowable densities established by the Newport Beach General Plan.
try A lW2
0
z
a
W
0
CL
J
The statistical analysis (Table 1) provides a summary of a potential development profile
for Hoag Hospital. In order to provide flembility for the hospital to respond to changes
in the health care industry, while at the same time ensuring that trip generation
restrictions are adhered to and the overall development cap is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profile provided in
• the statistical analysis. For example, if changing hospital needs necessitate the
development of additional outpatient uses, this development would be allowed,
consistent with the Development Plan, as long as a corresponding adjustment in square
footage and trip generation for another use were to occur.
This Development Plan allows Hoag Hospital to adjust the development profile provided
in the statistical analysis (Table 1) as long as the development limit (Le., square feet) or
the trip generation limit for the peak period (as identified in the Environmental Impact
Report) established within each phase of development is not exceeded.
Adjustments to the Development PIan may be allowed if the total square footage or trip
generation allowed in the current phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded.
May 26, IW2
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ML
OOULEVAPO
a
a
1
May 26, 1992
Ask
10
Table 1
STATISTICAL ANALYSIS(
iLsg
Square Feet
Lower Campus
Eidsting:
Outpatient Services (Hoag Cancer Center)
65,000
Child Care
7,800
•
Subtotal:
72,800
Phase I:
Outpatient Services
115,000
Support Service
55,000
Administrative
30,000
Subtotal:
200,000
Phases II & III:
Subtotal:
305,089
Total Lower Campus
577,889
Upper Campus
Existing.:
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
•
Subtotal:
140,000
Phases II & III:
145,349
Total Upper Campus
765,349
GRAND TOTAL
1,343,2383
1 pull development of the upper and lower campuses is anticipated to occur over an approximate 2D -year period and wig likely occur
in three, seven-year phases.
2 Up to 50% of the edwting upper campus may be redeveloped by master plan buildout
3 Based on development allowed under the General Plan at a floor area ratio to grass site area
of .65 for the lower campus and LO
for the upper compus. Building Bulk limit for the lower campus is 0.90 for a0 structures which includes
above grade covered parking.
May 26, 1992
Ask
10
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned
Community. The individual uses listed under the five permitted use categories is not an
exhaustive list. Other hospital -related uses which fit into the five permitted use
categories are allowed by definition. Prior to the issuance of a building permit, plot
plans, elevations and any other such documents deemed necessary by the Planning,
- Building and Public Works Departments shall be submitted for the review and approval
of the Planning, Building, and Public Works Departments.
A. Permitted Uses
1. Lower Campus
a) Hospital facilities, including, but not limited to:
i. Outpatient services:
•
Antepartum Testing
•
Cancer Center
•
Skilled Nursing
•
Rehabilitation
•
Conditioning
•
Surgery Center
•
Clinical Center
•
Day Hospital
•
Back and Neck Center
•
Biofeedback
•
Breast Imaging Center
•
• •
•
Cr Scan
Dialysis
EEG/EMG/NICE Laboratory
•
First Aid Center
•
Fertility Services
•
G.I. Laboratory
•
Laboratory
•
Magnetic Resonance Imaging
•
Nuclear Medicine
•
Occupational Therapy
•
Pediatrics
•
Pharmacy
•
Physical Therapy
•
Pulmonary Services
May 4 1992
Ask
11
•
Radiation Therapy
•
Radiology
•
Respiratory Therapy
•
Sleep Disorder Center
•
Speech Therapy
•
Ultrasound
ii. Administration:
• •
Admitting
•
Auxiliary Office
•
Business Offices
•
Information
•
Registration
•
Patient Relations
•
Social Services
iii. Support Services:
•
Employee Child Care
•
Health Education
•
Power/Mechanical/Auxiliary Support and Storage
•
Food Services
•
Cashier
•
Chapel/Chaplaincy Service
•
Conference Center
•
Dietitian
•
Gift Shop
•
Laboratory
•
Medical Library
•
Medical Records
•
Pharmacy
•
Engineering/Maintenance
•
Shipping/Receiving
•
Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
•
Substance Abuse
•
Mental Health Services
•
Extended Care
•
Hospice Care
•
Self or Minimal Care
•
Congregate Care
may 2. rm
12
Awk
May 26, IW2
13
V. Medical/Support Offices
b)
Methane gas flare burner, collection wells and associated system
components.
c)
Accessory uses normally incidental to hospital development.
d)
Temporary structures and uses, including modular buildings.
•
I
2. Upper Campus
a)
Hospital facilities, including, but not limited to:
i
i) Inpatient uses:
• Critical Care
• Emergency Care Unit i
• Birth Suites
• Cardiology
• Cardiac Care Unit
• Intensive Care Unit
• Mother/Baby Unit
• Surgery/Waiting Rooms
• Radiology
• Laboratory
• Pharmacy
ii) Outpatient services as allowed on the lower campus
•
iii) Administrative uses as allowed on the lower campus
iv) Support services as allowed on the lower
campus
v) Residential care as allowed on the lower campus
,i
vi) Heliport (subject to Conditional Use Permit)
i
b)
Accessory uses normally incidental to hospital development.
c)
Temporary structures and uses, including modular buildings.
May 26, IW2
13
B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maximum Building_Heieht
• The maximum building height of all buildings shall be in accordance with Exhibit 3
which established the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the
existing tower (235 feet above mean sea level).
2. Upper Campus Midrise Zone - maximum building height not to exceed
140 feet above mean sea level.
3. Upper Campus Parking zone - maximum building height not to exceed 80
feet above mean sea level, exclusive of elevator tower.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maximum building heights indicated on the development
criteria Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall
not exceed the height of the existing Hoag Cancer Center (57.5 feet above
mean sea level).
• D. tbac
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominiums, as defined below:
a) Upper campus western boundary setback shall be the prolongation
of the westerly edge of the existing cafeteria/laboratory building to
the points of intersection with the easterly curb line of the existing
service drive, then continuing along said line of the existing service
drive.
May 26, 1992
b) Lower campus northern boundary, all of which will have a 29
minimum building setback.
14
o aoo
F-
ri
-
2. The setback on West Coast Highway easterly of the hospital entry signal
shall be 15 feet.
In addition, vertical articulation shall be required for buildings easterly of
the signal within 150 feet of the West Coast Highway frontage, as follows:
1st Floor: Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
• articulation requirements of the 2nd Floor.
2nd Floor (up to 32' in height): A minimum of 20% of the building
frontage shall be articulated in such a manner as to result in an average
2nd floor setback of 20 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 25 feet.
The setback on West Coast Highway westerly of the hospital entry signal
shall be 45 feet.
In addition, vertical articulation shall be required for buildings westerly of
the signal for buildings within 150 feet of the West Coast Highway
frontage, as follows:
1st Floor. Up to 18 feet in height no additional articulation is required.
If the 1st floor exceeds 18 feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
• 2nd Floor (up to 3T in height): A minimum of 2096 of the building
frontage shall be articulated in such.a manner as to result in an average
2nd floor setback of 55 feet.
3rd Floor and above: A minimum of 20% of the building frontage shall
be articulated in such a manner as to result in an average 3rd floor and
above setback of 65 feet.
In order to avoid any future structures in this area (within 150 feet of
West Coast Highway) from presenting an unacceptable linear mass, no
single structure shall be greater than 250 linear feet in width. Additional-
ly, 20% of the linear frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
May X IM 16
10% of the linear length of height zones A and B as viewed from the
existing bicycle/pedestrian trail, exclusive of that area adjacent to the
consolidated portion of the view park, shall be maintained as view
corridors between buildings.
These requirements may be altered for individual buildings, if requested
by the hospital, through the site plan review process defined in Section IX.
403. There will be no building setbacks along the boundary with CalTrans east
property at Superior Avenue and West Coast Highway.
4. A 20 foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback
from property line shall be provided along the remainder of Newport
Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided
along Hospital Road.
E. Ugh
The lighting systems shall be designed and maintained in such a manner as to conceal
the light source and to minimize light spillage and glare to the adjacent residential uses.
The plans shall be prepared and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which
• illustrate that major mechanical equipment will not be located on the roof of any
structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor
rooftop equipment necessary for operating purposes will comply with all building height
criteria, and shall be concealed and screened to blend into the building roof using
materials compatible with roofing materials.
G. Sign
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parldn
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
may X im 17
L Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
VIII.
J. Mechanical and Trash Enclosures
• Prior to issuance of a building permit, the project sponsor shall submit plans to the City
Planning Department which illustrate that all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
K Internal Circulation
I. Prior to the issuance of a grading permit for any of the proposed Master
Plan facilities, the project sponsor shall implement a pilot program that
controls usage of the Upper and Lower Campus service roads during non-
working hours. Such controls may include requesting that the majority of
vendors deliver products (other than emergency products) during working
hours (Le. 7:00 am. to 8:00 p.m.), signage to restrict use of the road by
Hospital employees, physicians, patients and visitors during non -working
hours, and other methods to restrict use. The Hospital will also request
that vendors not deliver (Le. scheduled and routine deliveries) on the
weekends.
This restriction specifically applies to scheduled and routine deliveries.
The results of this program will be submitted to the City prior to the
issuance of the grading permit If such results indicate that such controls
do not significantly impact the operations of the Hospital, and provided
• that requests for specified vendor delivery times is consistent with future
Air Quality Management Plan procedures, the City may require that the
program be implemented as hospital policy. If operation impacts are
significant, other mitigation measures will be investigated at that time to
reduce service road impacts to the adjacent residential units.
2. The lower campus service road shall include provisions for controlled
access to limit usage to physicians and staff, and service vehicles.
May 26,1992
AML
18
L Loading Dock
Within one year from the date of final approval of the Planned Community District
Regulations and Development Plan by the California Coastal Commission, as an interim
measure, the project sponsor shall implement an acoustical and/or landscape screen to
provide a visual screen from and reduce noise to adjoining residences from the loading
dock area.
® The design process for the Critical Care Surgery Addition shall include an architectural
and acoustical study to insure the inclusion of optimal acoustical screening of the loading
dock area by that addition.
•
Subsequent to the construction of the Critical Care Surgery Addition, an additional
acoustical study shall be conducted to assess the sound attenuation achieved by that
addition. If no significant sound attenuation is achieved, the hospital shall submit an
architectural and acoustical study assessing the feasibility and sound attenuation implica-
tions of enclosing the loading dock area. If enclosure is determined to be physically
feasible and effective in reducing noise impacts along the service access road, enclosure
shall be required. Any enclosure required pursuant to this requirement may encroach
into any required setback upon the review and approval of a Modification as set forth
in Chapter 20.81 of the Newport Beach Municipal Code.
May 26, 1W2 19
•
•
Vl. HOAG HOSPITAL SIGN PROGRAM
A. Pumose and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based
upon the provisions set forth by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sien Standards
I. All signs visible at the exterior of any building or facility of the Hospital,
ground mounted or on -building, may be illuminated or non -illuminated,
depending upon need. Illumination method may be by external or internal
source. No sign shall be constructed or installed to rotate, gyrate, blink
or move, nor create the illusion of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be flush or surface
mounted as is appropriate to the architectural design features of said
building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional
and safe with regard to appearance, structural integrity and electrical
service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L
C. Number of Signs Allowed
1. One (1) double-faced primary identification ground -mounted sign or two
single faced gateway entry signs shall be allowed per street frontage. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Total maximum signage area
shall not exceed two hundred (200) square feet and shall not exceed ten
(10) feet in height per sign and street frontage. This sign may occur as a
wall sign, to be located upon a project boundary perimeter wall, subject
MAY 74 im
20
to the same number and area maximums described above. This sign may
also occur as part of an entry gateway system.
2. Secondary identification signs shall be allowed. This sign type shall not
exceed a maximum height of 48" average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be
established by measuring the sign height at the mid -point of the sign
length perpendicular to the slope direction. Maximum sign area shall not
is
exceed thirty-five (35) square feet. This sign may occur as a wall sign to
be located upon a project boundary perimeter wall, subject to the same
number and area maximums described above.
3. Vehicular and pedestrian directional signs shall be allowed. This sign type
may occur as a single -faced or double-faced sign. This sign type shall
occur with the sign suspended between two upright supports having the
same depth (thickness) as the sign cabinet described above.
4. Hospital identification signs shall be allowed upon hospital tower parapets,
one (1) at each elevation. The elevation facing west (Villa Balboa
property line) may not be illuminated.
5. On the lower campus, one (1) building -mounted identification sign will be
allowed per structure and shall not be placed so as to directly face the
Villa Balboa/Seafaire property. Such signs will be no higher than the roof
line of the building upon which they are mounted.
s
May 26, 1992 21
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking
may be on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review
• and approval of the city Traffic Engineer and the Public Works Depart-
ment.
•
3. Parking lot lighting shall be developed in accordance with City standards
and shall be designed in a manner which minimizes impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary for security
and shielded down from any adjacent residential area. The plans shall be
prepared and signed by a licensed electrical engineer, with a letter from
the engineer stating that the requirements has been met. The lighting
plan shall be subject to review and approval of the City Planning
Department.
B. Requirements for Offstreet Parkin
Parking requirements for specific sites shall be based upon the parking criteria
established in Table 2. All parking shall be determined based upon building type and
the area allotted to the following functions. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor area to determine the
parking requirement.
May 26, 1992 22
•
May 26, 1992 23
Table 2
PARKING REQUIREMENTS
Use Category
P rldng Requirements
Outpatient Services
2.0 spaces/1,000 square feet'
Support
1.0 spaces/1,000 square feet`
Administrative
. Residential Care
4.0 spaces/1,000 square feet'
1.0 spaces/1,000 square feet'
Medical Offices
4.0 spaces/1,000 square feet'
Inpatient
125 spaces/1,000 square feet"
' Parldng requirements are based on a study performed by DKS Associates in May,
1987.
" Parking requirement is
based on current Hoag Hospital parldng demand.
•
May 26, 1992 23
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
AGeneral
I. Detailed landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect, shall be reviewed by the
Planning and Parks, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a building permit
• and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may include a concept for the roofs and the parldng
structures. Trees shall not be used, but a planter box or trellis system
shall be designed to provide visual relief of parldng structures. All
landscaping shall conform to the building height limits established in this
text.
2.
Parking lot trees shall be no less than fifteen (15) gallon size.
I
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root cuttings.
4.
Every effort should be made to avoid using plants with invasive and
shallow root systems.
5.
Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. Wheel stops shall be
so placed that damage to trees, irrigation units and shrubs is avoided.
6.
Trees in parking lots should be limited in variety. Selection should be
•
repeated to give continuity. Regular spacing is not required and irregular
groupings may add interest. Care should be exercised to allow plants to
grow and maintain their ultimate size without restriction.
7.
Heavy emphasis shall be placed on the use of drought -resistant native and
naturalized vegetation and the use of an irrigation system designed to
avoid surface runoff and over -watering.
B. Maintenance
1.
All planting areas are to be kept free of weeds and debris.
2.
lawn and ground covers are to be kept trimmed and/or mowed regularly.
M" as. IM 24
3. All plantings are to be kept in a healthy and growing condition. Fertiliza-
tion, cultivation and tree pruning are to be carried out as part of regular
maintenance.
4. Irrigation systems are to be kept in working condition. Adjustment and
cleaning of system should be part of regular maintenance.
S. Stakes, guys and ties on trees should be checked regularly for correct
• function; ties to be adjusted to avoid creating abrasions or girdling to the
stems.
6. Damage to plantings created by vandalism, automobile or acts of nature
shall be corrected within thirty (30) days.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A 15' building setback from right-of-way / property line is required
along West Coast Highway. Only driveways, parking and signage are allowed in the
setback area. Parking areas shall be screened from view of West Coast Highway with
landscaped berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and
shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped
in a similar manner. Tree size to be no less than twenty-four (24) inch box.
D. Villa Balboa La dscape Zone
The area between the Villa Balboa/Hoag property line and the loading dock service
• access road shall be landscaped except for any driveway, walkway, or other hardscape
elements in said area. The purpose of the landscaping will be to screen and buffer
residential units from hospital activities.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas.
Planting areas around building shall not be included in parking area. Planting of trees
may be in groups and need not necessarily be in regular spacing. Alternative landscape
programs may be developed, including perimeter parking area landscaping, berming and
depressing of parking areas. Alternative landscape programs shall be subject to the
review of the Parks, Beaches and Recreation Department and the approval of the
Planning and Public Works Departments.
May 26, 1992 25
A rooftop landscaping program may be developed for parking structures and shall be
subject to the review of the Parks, Beaches and Recreation Department and the
approval of the Planning and Public Works Departments. Rooftop landscaping shall
conform to height restrictions.
May 26,1992
26
Ix SITE PLAN REVIEW.
A Purpose
The City Council finds that development on the West Coast Highway frontage of the
lower campus of Hoag Hospital may have the potential to affect the aesthetics of the
West Newport area as viewed from surrounding arterial roadways. The effect of this
section is to establish a Site Plan Review requirement by the Planning Commission for
® certain individual projects which are proposed by the hospital to differ from the setback,
horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital.
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review
procedures contained in this section promotes the health, safety, and general welfare of
the community by ensuring that the development of Hoag Hospital proceeds in a manner
which will not result in inadequate and poorly planned landscape areas, excessive
building bulk on arterial roadways, inappropriate placement of structures and
impairment of the benefits of occupancy and use of existing properties in the area.
C. Application
Site Plan Review approval shall be obtained prior to the issuance of a grading or
building permit for any new structure or the addition to an existing structure which does
not conform to the provisions of Section V.D.2.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for
approval:
1. A plot plan, drawn to scale, showing the arrangement of buildings,
driveways, pedestrian ways, off-street parking and off-street loading areas,
landscaped areas, signs, fences and walks. The plot plan shall show the
location of entrances and exits, and the direction of traffic flow into and
out of off-street parking and loading areas, the location of each parking
space and loading space, and areas for turning and maneuvering vehicles.
The plot plan shall indicate how utility and drainage are to be provided.
May 26, 1992 27
•
•
2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ensure development properly related to
the site and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear
upon completion.
6. Any other plans, diagrams, drawings or additional information necessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
E. E=
The applicant shall pay a fee as established by Resolution of the City Council to the City
with each application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section B, in order to carry out the
purposes of this chapter as established by said section, the site plan review procedures
established by this Section shall be applied according to and in compliance with the
following standards, when applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood
and surrounding sites and shall not be detrimental to the orderly and
harmonious development of the surroundings and of the City;
3. Development shall be sited and designed to maxim, a the aesthetic quality
of the project as viewed from surrounding roadways and properties, with
special consideration given to the mass and bulk of buildings and the
streetscape on West Coast Highway;
May 26, 1992
I
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper consider-
ation to functional aspects of site development.
G. Public Hearing - Rewired Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such
hearing shall be mailed not less than ten (10) days before the hearing date, postage
is
prepaid, using addresses from the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses, to owners of property within a
radius of three hundred (300) feet of the exterior boundaries of the subject property.
It shall be the responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this Section. In addition to the mailed notice,
such hearing shall be posted in not less than two conspicuous places on or close to the
property at least ten (10) days prior to the hearing.
I1. Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission
shall approve the development. Conditions may be applied when the proposed
development does not comply with applicable standards and shall be such as to bring
said development into conformity.
If the development is disapproved, the Commission shall specify the standard or
standards that are not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by
the City Council either by appeal, or upon its own motion, or upon the request of the
Commission. The action of the Commission on any Site Plan Review shall be final and
• effective twenty-one (21) days following the Commission action thereon unless, within
the twenty-one (21) day appeal period an appeal in writing has been filed by the
applicant, or any other person, the Commission has requested a review of its decision,
or unless the City Council, not more than twenty-one (21) days after the Commission
action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm,
reverse or modify the decision. Such action by the City Council shall be final.
May 76. 1992 29
Any Site Plan Review decision of the Commission may be appealed to the City Council
by the applicant or any other person, at any time within twenty-one (21) days after the
date of the Commission decision. An appeal to the City Council shall be taken by filing
a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth
the grounds upon which the appeal is based and shall be accompanied by a fee as
established by Resolution of the City Council.
J. Action by the City Council
An appeal shall be heard and acted on by the City Council, and the City Council may
affirm, reverse or modify the decision of the Commission. The decision of the City
Council is final.
K Rxniration and Remotion of Site Plan R
1. Expiration. Any Site Plan Review granted in accordance with the terms
of this Title shall expire within 24 months from the date of approval if a
building permit has not been issued prior to the expiration date and
subsequently construction is diligently pursued until completion, unless at
the time of approval the Planning Commission has specified a different
period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the
terms of this Title may be revoked if any of the conditions or terms of
such Site Plan Review are violated or if any law or ordinance is violated
in connection therewith.
• 3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten days
prior to the bearing, and shall submit its recommendations to the City
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
f\-.\Planning\FcnD \HOAGHOSP
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EXHUff D
SPP '�'c4'D11i
Date Requagod:
Dass of Certalcete:
On, the CRy of Newport Beach approved the Took
aamant Between the Clty
Aprof Newport Beach and HoM Memorial H
Pt+ssbyEerW (the' Development Aproemmr).�
7hb Estoppel CertiAcnts coMes that, as of the 'Oats of Cer811oats' set forth sbo
• CHECK INHERE APPLICABLE
1. The Development Aoroement reroalna bkw ft and aQec *e;
L The Development Aproemm t hes not been amended;
S. The Development Agreennnt fns been amended In the fo"
4. Nether Hoag nor any of lta ammom are In
ditt under the Deaelopmett Aprestrow t;
L The MoMV defaults exbt under the Development AQreemmt
This Estoppel Carl C99 may be rowed upas by any transferee or mors oe
kRereet in the property rrhktr is subject of the Devetoprnerg Ayreemsre.
CITY OF NEWPORT BEACH
BY:
NAME:
TITLE:
EMIBIT D
INIMIUM
Lo
EXHIBIT B
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
DATED JUNE 17, 2008
ME
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
4/'Ss.MI E RECOU1\wn�;11'�Gs Ii.ECSLitUES1 PER
This Document was electronically recorded by
ER Cert Mail D
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
NO FEE
2008000289321 12:35pm 06/17/08
120 33 A17 56
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
EXEMPT FROM FILING FEES CAL GOVT CODE 4 6103
(Space above this line For Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
FINAL,
5/16/08 10001.34
H&0: #58720 vi
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
EXEMPT FROM FILING FEES CAL GOVT CODE 0 6103
IV (Space above this line for Recorder's use)
EXEMPT RECORDING REQUEST PER
UO'VERNMENI CODE 27383
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
^� FINAL
-'� 5116/08 10001.34
H&O: #58720 A
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
("Amendment') is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date") by and between the City ofNewport Beach (hereinafter "City") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag").
RECITALS
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1. 19(f) to read as follows:
1.9 Hoag Property. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Ex�iibit "A" and depicted on Exhibit `B"
(the "Property").
1.10 Hoag Healthcare Services. Hoag is a modern, state-of-
the-art acute care, not-for-profit hospital providing a comprehensive
t mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag Community Benefit Pro ams. In addition to
providing state-of-the-art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
burnoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through disease prevention and wellness and health
promotion, especially for those vulnerable and disadvantaged
populations.
FINAL
5/16/08 10001.34
H&Q: #58720 A
I.12 EIR No. 142 and P.C. Text. On May 26, 1992, the
City Council of City ("City Council') certified the Hoag Hospital
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ("Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
("P.C. Text") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage of Buildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1.14 Development Agreement No. 5. On May 26,1992, the
City Council adopted Ordinance No. 92-4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
j Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63-0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94-8 approving
an Amendment and Restatement of Development Agreement No. 5
("Restated Development Agreement') incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act,
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 94-0207276.
1. I6 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C, Text to provide that certain non -occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
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5/16108 10001.34
H&O: #58720 vi 2
Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated Development Aereement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ("P.C. Text") to, among
other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ("FAR") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
FINAL
,_- 5/16/08 10001.34
H&O: #58720 W
(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(0 incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"l.5 Planning Cornmission/City Council Hearin. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5,1991, January 9, 1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23,1992, March 30,1992, April 13,1.992 and May 11,
1992.. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16,2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
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5/16M 10001.34
H&O: #58720 vi
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008-10 approving
4
this Amendment and ..authorizing the City to enter into this
Amendment. The adopting ordinance will become effective on June
12, 2008." 4.
3. Section 2.1 of the Restated Development Agreement entitled TheAdopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94-8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008-10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement" refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "EIR" refers to final Environmental Impact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental Impact Report No. 142."
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit "C'), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
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5/16/08 10001.34
H&.O: #58720 vi
"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
5
8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR_ Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
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5/16/08 10001.34
H&O: #58720 vi
11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the EIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study ofpossible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things,. the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
FINAL.
' 5/16/08 10001.34
H&O: #58720 vl 7
13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
one-half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one-half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance ofthe first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit "C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ("Priority Public Improvements").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public improvements and the
sufficiency ofCity's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
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offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales/Use Tax Origin, to read as follows:
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"8.3 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales/use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales/use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filingthe tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
E
Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of $100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales/use
i tax to the City. Upon request of the City, Hoag will
provide City on a semi-annual basis with a list of
purchases exceeding the $100,000 threshold during
the preceding six-month period, including the amount
of the purchase and, ifreadily available, the name and
contact information for the vendor upon request by the
i City. The City agrees to review the semi-annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share of sales/use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset View Park Improvements, to read as follows:
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"8.4 Hoag shall reimburse the City up to .$ 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
10
16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
This reduced capacity operation shall be implemented
daily between November I" and April 300', between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
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"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, Bch Floor
P.O. Box 19613
Irvine, CA 92713-9613"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
11
with a copy to: Gary McKitterick
Allen Matkins Leek Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614-7321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
Iu FINAL
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"11.17 Indemnification/Hold Harmless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
12
19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008-10
May 13,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
21. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
j FINAL
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H&O: #58720 A
[Signature page follons]
13
F4 r
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
CITY:
THE CITY OFNEYVTORT B A61H, a municipal
corporation oft tate of ali mia
By:
Edwar D eich, or
LaVonne Harkless, City Clerk
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California onprofit public
benefit co ti
By:
Richard F. Afab , M.D.
President and CE
(411 Signatures to be Notarized)
FINAL
- 5/16/08 10001.37
H&O: #58720 A 14
CALIFORNIAfACKNOWLEDOMENT
State of California 4
County off�t 11t(J�
On �� jv �! 1 p ��D before me,
Date I
,/� ,,
personally appeared 1i,�><14 {30f1(4}
IEItANt (.BROWN
Commiss On 1633477
Notory Pubes . CaNamla
Oronge County
4mycomm. fxpbea.lan 23 201
CMAM t i1tiOWN
ornrt*ftil # 1633477
Notary M* - CaNtornlo
Orange Coady
My Comm. 6gliera Jan 25.201
4 l
-+ Place Notary Seel Above
who proved to me on the basis of satisfactory evidence to
be the person(* whose name(e) is/we subscribed to the
within instrument and acknowledged to me that
he/sktetll4ey executed the same in hislla oAheir authorized
capacity(iee), and that by his/hei*haic signature(s) on the
instrument the person ft or the entity upon behalf of
which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
l7
Signature
Slgnat re of o ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
C Individual
C Corporate Officer—Title(s):
G Partner -0 Limited ❑ General
021191"101" 119MIZISIZ111,11111
Lj Attorney in Fact •
❑ Trustee Top of thumb here
J Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
0 Individual
Q Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
Attorney in Fact
0 Trustee
• Guardian or Conservator
i Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
J�
02007NaftW Notary Aasocfadon• 9350 Ce Soto Ave., P.O. Box 2402•Chatsworth, CA 91313.2402•www.NaOonaN4otaryorg Item#6907 Reorder: CaI1Toll-Free 14800-9764OU
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 0 A4,m cm
On MAa 19T . 2.a6y- before me, PA,, (es, mt,+A-44 Pu.L1; c ,
-
(Here insert name end title of the officer)
personally appeared _ Q; t✓L AA d 4,PA W c
who proved to me on the basis of satisfactory evidence to be the personW whose name@)(OVam subscribed to
the within instrument and acknowledged to me thatQY8Wt� executed the same ink/thhir authorized
capacity(j*, and that by Qhwftheir signature,* on the instrument the person(4, or the entity upon behalf of
which the person(4acted, executed the instrument.
I certify under PENALTY OF PERRaY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal. Man"Zoe Ul
�R
�JQm�a
my
Ctstgef. � 20.2i10W
SignanrreofNotary, Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
+ t u" -fe Q Af .t b.'ej o, r 4
(Title or description of attached docum t)
A qze,, at,_ Jai b ..S
(Title or description of attached document continued)
Number of Pages 33 Document DateS-( �-e 6
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
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Individual (s)
54
Corporate Officer
Pe5:dZ4 ted CE6
(Title)
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Pamer(s)
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2008 Version CAPA vl2.10.07 800-873-9865 www.NotmyClams.com
INSTRUCTIONS FOR COMPLETING THIS FORM
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appears above in the notary section or a separate aelmawledgment form must be
properly completed and attached to that document The only exception is it a
document is to be recorded outside of California. In such instances, any alternative
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verbiage does not require the notary to do something that is Illegal for a notary in
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must also be the same date the acknowledgment is completed.
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EXFIIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City ofNewport Beach, County of Orange,
State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block 1 of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 of Miscellaneous Maps, Records of Orange County,
California.
Parcel 2:
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5116/08 10001.34
H&O_ #58720 vl
That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
A-]
` FINAL
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ftm
I
i
I
EXHIBIT C
I I
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
i
PLANNED COMMUNITY
i DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
1 FINAL
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H&O: #58720 yl
Adopted May 13, 2008
Ordinance No. 2008-9
Effective June 12, 2008
C-1
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
FINAL Hoag_PC:_041808a.DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE OF CONTENTS
I. INTRODUCTION
II. GENERAL NOTES
III. DEFINITIONS
IV. DEVELOPMENT PLAN
V. DISTRICT REGULATIONS
VI. HOAG HOSPITAL SIGN PROGRAM
VII. HOAG HOSPITAL PARKING REGULATIONS
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
IX. SITE PLAN REVIEW.
FINAL Hoag_PC 041808a.DOC
Page
Number
1
2
3
5
10
21
23
24
27
Hoag Memorial Hospitat Presbyterian Planned Community Development Criteria and District Regulations
LIST OF EXHIBITS
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7
2. VEHICULAR ACCESS 8
3. DEVELOPMENT CRITERIA 14
4. PROPOSED SOUND WALL LOCATION PLAN 19
5. LOADING DOCK AREA LOCATION 20
6. LANDSCAPE MATRIX 32
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 33
8. COAST HIGHWAY LANDSCAPE SCREEN 34
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2, PARKING REQUIREMENTS 23
/
FINAL Hoag 041808a DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
1. INTRODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital -related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes,
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
FINAL Hoa&_PC_041808a,D0C
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
H. GENERAL NOTES
1 _ Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K-4
and K-5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any .fire equipment and acc,�Fs shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
'�' FINAL Hoag__PC_04I80Ba.DOC 2
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
III. DEFINITIONS
i
Building Elevation:
1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Envelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy;and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City ofNewport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
F1NAL_H0ag_,PC_041808aDOC 3
Hoag Memories/ Hospital Presbyterian Planned Community Development Criteria and District Reguiations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically -oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
FINAL_HoaaPC_041808aDOC 4
Hoag Afenwrial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IV. DEVELOPMENT PLAN
Project Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
` The Development Plan does not specify building locations or specific hospital -related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation Program EIR and Subsequent Project Specific Approvals
!coag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a "Program EIR." The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental E[R for the Master Plan Update (SCH#1991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
FINAL_Hoag FC 04J808a.DOC 5
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
FINAL Hoag PC_041808a.DOC 6
IF'
rl_
LU
I` tRl 00
Hoag Memorial Hospital Presbyterian Plana ed Community Development Criteria and District Regulations
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAximum ALLOWABLE: 1,343,238 SQUARE -FEET
F[NAL_Hoag_PC_041808a.D0C 9
Maximum
Allowable
Net
Allowable
Site Area
....BuildingArea
Existing'
Remaining
a
a.,
U 765,349 sq. ft. 765,349 sq. ft.
698,121 sq. ft. 67,228 sq. ft.
990,349 sq. ft. 2
x
w
a
U 862,815 sq. ft.
W
577,889 sq. ft.
188,149 sq. %
389,740 sq. ft.
577,889 sq, ft.
O
a
1,618,164 ft.
3
sq.
O
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. fl.
E✓
As of the date of adoption.
2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
F[NAL_Hoag_PC_041808a.D0C 9
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list Other
hospital -related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
1. Lower Campus
a. Hospital facilities,
including, but not limited to:
(1) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitation
(e)
Surgery Center
(f)
Clinical Center
i (g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
0)
Breast Imaging Center
(k)
Dialysis
(1)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
FINAL Hoag_PC_041808aDOC
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
i
i (2) Administration:
I
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(f)
Patient Relations
(g)
Social Services
(3) Support Services:
(a)
Employee Child Care
(b)
Health Education
(c)
Power/Mechanical/Auxiliary Support and Storage
(d)
Food Services
(e)
Cashier
(f)
Chapel/Chaplaincy Service
(g)
Conference Center
(h)
Dietitian
(i)
Gift Shop
(j)
Laboratory
(k)
Medical Library
(1)
Medical Records
(m)
Pharmacy
(n)
Parking Facilities4
(o)
Engineering/Maintenance
(p)
Shipping/Receiving
(q)
Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(f)
Congregate Care
(5) Medical/Support Offices
4 Parking structures or decks do not count toward square -footage
r
FINAL HoagjC_041808a.DOC j j
lfoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(S) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use PermiW
b. Accessory uses normally incidental to hospital development.
C. Temporary structures and uses, including modular buildings.
5 Does not count toward square -footage
�`' , F1NAL_Hoag_PC_0418089.DOC 12
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and DLstrict Regulations
B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
C. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a_ Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
I. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
FINAL_Hoag_PC_04I908a.DOC 13
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
I. Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20 -foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
Ist Floor: Up to eighteen (18) feet in height no additional articulation is required.
- If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one -hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
_� FINAL_Hoag PC_Q41808a.DOC 15
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two -hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one -hundred fifty (150) feet of West Coast .Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six -hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
FINAL _Haag PC_Q41808a.DOC 16
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
G. Sims
All signs shall be as specified under the Hoag Hospital Sign Program, Part Vt.
H. Parkins
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
1. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
J. Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Night time deliveries and
vehicular access to the loading area Iocated along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
n
FINAL_Hoa PC 041808a.VOC 17
Hoag Memorial Hospital Presbyterian Planned Comnurnity Development Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
Dock Area Location, for the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM-10 PM
IOPM-7AM
Daytime
Nighttime
Leq (15 min) 65 dBA
55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL_Hoag_K_041808aDOC 18
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Hoag Menwrial.Hospital Presbyterian Planned Community Developmeni Criteria and District Regulations
VI. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital,
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on -building, may be illuminated or non -illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L.
5. .For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way .finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double-faced primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
FIN AL_Hoag_PC_oa l sosa. DOC 21
Hoag Memorial Hospital Presbyterian Planned COmMURity Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (t 1) feet average height above finished grade.
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
FINAL—Hoag—K-041 808a.DOC
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oag Memorial Hospital Presbylerian .Planned CommunityDevelopment Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
I. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
TABLE 2
PARKING REQUIREMENTS
Use CategorX
Parking Requirements
Outpatient Services 2.31 spaces/1,000 square feet (1)
Support 0.0 spaces/1,000 square feet (1)(2)
Administrative 5.3 spaces/1,000 square feet (1)
Residential Care 1..0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 2.35 spaces/1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
t
`ti�� PINAL_14oa&,PC_04I808a.DOC 23
Ffeag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
1. Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over -watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and 48. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit 46.
FINAL Hoag PC_04)808a.D0C 24
Hoag Memorial Hospital Presbyterian Planned Conumnity Development Criteria and District Regulations
B. Maintenance
All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
plans.
C. Snecial Landscaned Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
RNAL_HoagPC_041808a.DOC 25
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa's property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shal l be reviewed and approved by the Planning Director.
E. Parkins Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
FINAL Hoag PC_04I808a-DOC 26
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
IX. SITE PLAN REVIEW
A. Puroose
Tii- Council finds that developn,_.,It on the Lower Campus of Hoag Hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub -section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
1. Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
1
- 3. Replacement of existing cooling towers, exeeptfef easuak
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section IX.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
`J
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Hoag Memorud hospital Presbyterian Planned Conununity Development Criteria and District Regulations
A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot pian shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
t::..
�s
FINAL, _Hosg_PC_04 t 808a.DpC: 28
Floag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed -notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve .
i the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be. final and effective twenty-one
(21) days following the Director's action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (21) days after the Director's action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
Action by the Planning Commission
If all applicable standards established by this Section are met, the Planning Commission shall
approve the development. Conditions may be applied when the proposed development does not
comply with applicable standards and shall be such as to bring said development into conformity.
FINAL-Hoagg PC_041808a.DOC 29
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
Appeal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council.
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
L. Expiration and Revocation of Site Plan Review Approvals
Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Pian
Review are violated or if any law or ordinance is violated in connection there
with.
3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
i� FINAL_HO2S_PC_041808a.DOC 30
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:. Exhibit #6 31
0. NO
let
s
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008-10 as duly and regularly introduced before and adopted by the
i
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
I•
Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich
Noes: None
t
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of May 2008.
(Seal)
Jr�--,, �, y� J
�V i "` u� !- / •
14�-- -
City Clerk i
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF NEWPORT BEACH )
I, LAVONNE M. HARnESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008-10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2008.
In witness whereof, I have hereunto subscribed my name this day of
2008.
City Clerk
City of Newport Beach,.California
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88
of Miscellaneous Maps, Records of Orange County, California.
-Cl-
EXHIBIT D
LEGAL DEPICTION OF PROPERTY
-D1-
Exhibit 6
Qb�►'A.iyJg9 MYON
J
0 -
-
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2019-6 was duly introduced on the 26th day of February, 2019, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 12th day of March, 2019, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem
Will O'Neill, Mayor Diane Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of March, 2019.
Le' aniI. rown, MMC
pity Cl/k
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2019-6 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
2019.
Introduced Ordinance: March 2, 2019
Adopted Ordinance: March 16, 2019
In witness whereof, I have hereunto subscribed my name this day of Nr vCl,
A6d 4, Aor"-,
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California