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HomeMy WebLinkAbout13 - Two -Year Extension to the Hoag Development Agreement (PA2020-065)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report July 28, 2020 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Patrick Achis, Assistant Planner, pachis@newportbeachca.gov PHONE: 949-644-3237 TITLE: Ordinance No. 2020-16: Two -Year Extension to the Hoag Development Agreement (PA2020-065) ABSTRACT: Hoag Memorial Hospital Presbyterian ("Hoag") has requested a fourth amendment to extend the Term of the Restated Development Agreement No. 5 ("Agreement") an additional year in light of COVID-19-related impacts that have constrained their ability to plan for future development. The Agreement grants Hoag the vested right to develop the hospital campus consistent with an extensive set of regulations and mitigation measures, all of which would remain unchanged by this proposed fourth amendment. State law and the Newport Beach Municipal Code require City Council consideration of a development agreement or an amendment to a development agreement. The Planning Commission has reviewed the request and recommends City Council approve a two-year extension. For City Council's consideration is a two-year extension to the Hoag Agreement. RECOMMENDATION: a) Conduct a public hearing; b) Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2020-16, An Ordinance of the City Council of the City of Newport Beach Amending a Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2020-003), and pass to second reading on August 25, 2020 (Attachment A). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 13-1 Ordinance No. 2020-16: Two -Year Extension to the Hoag Development Agreement (PA2020-065) July 28, 2020 Page 2 DISCUSSION: Hoag Hospital is an existing facility located at One Hoag Drive in the City of Newport Beach ("City"). The site (approximately 38 acres), inclusive of the Lower Campus (20.41 acres) and Upper Campus (17.57 acres), is generally bounded by Hospital Road to the north, West Coast Highway to the south, Newport Boulevard to the east, and residential development and open space to the west. Superior Avenue is the closest major street to the west. Hoag was constructed in 1952 as a 75 -bed, 50,000 square -foot facility. The complex has undergone several major construction phases that have expanded and remodeled the facilities. In 1979, the first Master Plan and EIR were prepared and approved for Hoag. At the time the 1979 Master Plan was prepared, Hoag facilities were located solely on what is now known as the Upper Campus. In June of 1984, Hoag purchased the approximate 22 -acre Lower Campus from the State of California. In 1991, Hoag constructed the Patty and George Hoag Cancer Center and a child care center on the Lower Campus. In 1992, the City certified the Hoag Hospital Master Plan Final EIR No. 142 certifying the Hoag Hospital Master Plan and adopted both Planned Community regulations and Development Agreement No. 5 ("Development Agreement"). The Planned Community Development Plan ("PC Text") is the Hoag Master Plan. In 1994, the City approved Ordinance No. 94-8 to readopt the Development Agreement to reflect Coastal Commission consideration. The term of the agreement was 25 years from the effective date of the ordinance and the agreement expiration date was March 16, 2019. In 2008, the City approved changes to the Master Plan (PC Text) and Development Agreement to allow more flexibility where existing entitled Hoag -related uses could be developed. The 2008 amendment did not extend the term of the agreement. The current PC Text and Development Agreement are attached to this report for review (Attachment A). On March 12, 2019, the City Council adopted Ordinance No. 2019-6 approving a second amendment to the Development Agreement, which became effective on April 11, 2019. The second amendment extended the Term of the Agreement for an additional six months, with an expiration of September 15, 2019. On July 23, 2019, the City Council adopted Ordinance No. 2019-12 approving a third amendment to the Agreement ("Third Amendment") that went into effect on August 22, 2019. The Third Amendment was executed and recorded, as document number 2019000318392, on August 27, 2019. The Third Amendment extended the Term of the Agreement for an additional 10 years to September 15, 2029, in exchange for certain community public benefits provided by Hoag. The existing development regulations and required mitigation measures as provided in the Agreement and subsequent amendments remained unchanged by the Third Amendment. 13-2 Ordinance No. 2020-16: Two -Year Extension to the Hoag Development Agreement (PA2020-065) July 28, 2020 Page 3 As a part of the Agreement, Hoag has agreed to provide benefits to the community through a payment of $3,000,000) in equal annual installments of $300,000 paid directly to one or more non-profit community partner(s) determined by the City Council upon recommendation of the Homeless Task Force. To date, Hoag has paid $600,000 to the City, which has been placed in a reserve account until the City Council finalizes a non-profit community partner. Development Agreement Extension Request Hoag has requested a fourth amendment to extend the Term of the Agreement for one year in light of COVID-19-related impacts that have constrained their ability to plan for the future development of the hospital campus consistent with the amended Agreement. The existing development regulations and required mitigation measures as provided in the Agreement and subsequent amendments remained unchanged by the Fourth Amendment. Hoag has worked diligently with the City throughout the Term of the Agreement to plan the growth and development of the hospital campus. After the Third Amendment was granted in 2019, planning efforts were reinvigorated. Notwithstanding, COVID-19 has put an unprecedented strain on the healthcare system, demanding Hoag's attention and action. Temporary closures in the development industry resulting from COVID-19 have also reduced the time Hoag has to act on the by -right development provisions of the Agreement within the Term provided. Hoag intends to fully exercise development assurances provided by the Agreement and they requested one additional year to account for the unforeseeable complications and delay from COVID-19. Without the extension, Hoag may incur increased development costs and additional expenditure of time and resources because long-term development plans would need to be reconstituted under a tighter future timeframe. Planning Commission Review On July 9, 2020, the Planning Commission conducted a public hearing to consider the extension of the agreement as required by Newport Beach Municipal Code (NBMC) Chapter 15.45 and Government Code Section 65867. At the conclusion of the public hearing, the Planning Commission voted 6-0 to recommend a two-year extension of the Development Agreement (Attachment C and D) given that the COVID-19 pandemic is ongoing and may require a longer focus than initially anticipated. If the two-year extension is adopted by the City Council and executed, the term of the Agreement would expire on September 15, 2031 with no additional funding for community benefits for the extended term. 13-3 Ordinance No. 2020-16: Two -Year Extension to the Hoag Development Agreement (PA2020-065) July 28, 2020 Page 4 ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §§21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. §§15000, et seq.), the City of Newport Beach prepared Final EIR No. 142, which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. A Supplemental Final Environmental Impact Report (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 Supplemental EIR 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 City Council Resolution No. 2008-27. 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 Amendment to the Amended and Restated Development Agreement only extends the term of the agreement and does not amend any development standards, development requirements, or required mitigation measures identified in Final EIR No. 142 and the Supplemental Final EIR (SCH No. 19910071003). NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A — Ordinance No. 2020-16 Attachment B — Hoag's Extension Request Letter Attachment C — Planning Commission Resolution No. 2020-026 Attachment D — Planning Commission Minutes 13-4 Attachment A Ordinance No. 2020-16 13-5 ORDINANCE NO. 2020-16 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. DA2020-003) 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"). Ordinance No. 94-8 went into effect on March 16, 1994. The Development Agreement was executed and recorded, as document number 94-0207276, on March 23, 1994; WHEREAS, Section 6.3, "Term of Agreement," of the 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 amending certain provisions of the Development Agreement ("First Amendment") that went into effect on June 12, 2008. The Amendment was executed and recorded with the Orange County Clerk -Recorder, as document number 2008000289321, on June 17, 2008. The Amendment did not modify the Term of the Development Agreement, WHEREAS, on March 12, 2019, the City Council adopted Ordinance No. 2019-6 extending the term of the Development Agreement ("Second Amendment"), which was set to expire, for an additional six (6) months. The Second Amendment was executed and recorded with the Orange County Clerk -Recorder, as document number 2019000188999, on June 3, 2019; WHEREAS, on July 23, 2019, the City Council adopted Ordinance No. 2019-12 extending the term of the Development Agreement ("Third Amendment") for an additional ten (10) years in exchange for certain public benefits provided by Hoag. The Third Amendment was executed and recorded with the Orange County Clerk -Recorder, as document number 2019000318392, on August 27, 2019; 13-6 Ordinance No. 2020 - Page 2 of 6 WHEREAS, Hoag requests a fourth amendment to extend the Term of the Development Agreement an additional two (2) years in light of COVID-19-related impacts that have constrained the ability to plan for the development allowed by the Development Agreement ("Fourth Amendment"). The existing development regulations and required mitigation measures as provided in the Development Agreement and subsequent amendments remain unchanged by this Fourth Amendment, WHEREAS, on July 9, 2020, a public hearing was held by the Planning Commission of the City of Newport Beach in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, at which time the Planning Commission considered the Fourth Amendment. A notice of time, place, and purpose of the hearing was given in accordance with California Government Code Section 54950 et. seq. (the "Ralph M. Brown Act") and Section 15.45.050 of the Newport Beach Municipal Code ("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 a Resolution No. 2020-26 recommending City Council approval of the Fourth Amendment; WHEREAS, on July 28, 2020, the City Council held a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Section 15.45.050 of the NBMC. Evidence, both written and oral, was presented to and considered by the City Council at the hearing; WHEREAS, Section 15.45.040 of the Newport Beach Municipal Code ("NBMC") 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, the Development Agreement and Fourth Amendment comply with Section 15.45.040 of the NBMC in that the Fourth Amendment includes a Term of two (2) years and the Development Agreement includes the 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, the City Council finds the Fourth Amendment is entered into pursuant to, and constitutes a present exercise of, the City's police power and is in the best interests of the health, safety, and general welfare of the City, its residents, and the public; 13-7 Ordinance No. 2020 - Page 3 of 6 WHEREAS, the City Council finds the Fourth Amendment is consistent with the City of Newport Beach 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 Fourth Amendment is consistent with California Government Code Sections 65864-65869.5 and local law, including Chapter 15.45 (Development Agreements) of the NBMC, which 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. COVID-19 has put a strain on the health-care system and demands Hoag's full attention as a regional provider treating those sick with the virus. Temporary closures in the development industry resulting from COVID-19 have also effectively reduced the time Hoag has to act on the by -right development provisions of the Term. If the two (2) year extension is not granted, Hoag might divert its attention from COVID-19 to plan for future development. They might also incur increased development costs and needless expenditure of time and resources because long-term development plans would need to be reconstituted under a tighter future timeframe. Hoag intends to exercise the development assurances of the Term completely to invest vital health-care infrastructure in the community, and needs two (2) additional years to account for the unforeseeable complications from COVID-19; WHEREAS, the Development Agreement and Fourth Amendment is consistent with these provisions in that the Project has allowed for the development of a hospital to serve a community, provides a Term sufficient to complete the Project, and requires development in accordance with the Project entitlements; and 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. 13-8 Ordinance No. 2020 - Page 4 of 6 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows.. Section 1: The recitals provided in this ordinance are true and correct and are ncorporated into the substantive portion of this ordinance. Section 2: All significant environmental concerns for the Project are addressed in previously certified Final Environmental Impact Report No. 142 (certified 1992) and its Supplemental Final Environmental Impact Report (certified 2008). In accordance with the California Environmental Quality Act ("CEQA") set forth in the California Public Resources Code Section 21000, et. seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), the City Council certified Final EIR No. 142 in 1992 that addressed potential environmental effects associated with the Project. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines Section 15163, provided clarifications to the EIR and Project, and was distributed before Final EIR No. 142 was certified. On April 16, 2008, the City Council certified Supplemental Final Environmental Impact Report (SCH No. 19910071003) in accordance with the provisions of the California Public Resources Code Section 21000, et. seq., and the CEQA Guidelines. The purpose of the Supplemental Final EIR was to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. As part of its certification of the Supplemental Final EIR, the City Council adopted certain CEQA Findings of Facts and a Statement of Overriding Considerations contained within Resolution No. 2008-27, which are hereby incorporated by reference. The Fourth Amendment does not change the Project but rather only extends the Term of the Development Agreement by an additional two (2) years to account for COVID-19-related impacts. The Fourth Amendment does not amend any development standards, development requirements, or required mitigation measures identified in Final EIR No. 142 and the Supplemental EIR. Section 3: The City Council has considered the recommendation of the Planning Commission and has determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. 13-9 Ordinance No. 2020 - Page 5 of 6 Section 4: The Fourth Amendment to Restated Development Agreement No. 5 between Hoag Memorial Hospital Presbyterian and the City of Newport Beach (Development Agreement Amendment No. 2020-003) attached as Exhibit "A" is approved. Section 5: 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. Section 6: 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 Fourth Amendment to Restated Development Agreement No. 5 (Development Agreement Amendment No. 2020-003) 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 pursuant to this provision. This Section 6 shall in no way be interpreted as limiting or suspending Hoag's indemnification obligations as set forth in Sections 6.8 and 11.17 of the Development Agreement. Section 7: 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. 13-10 Ordinance No. 2020- Page 020Page 6 of 6 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of July, 2020, and adopted on the 25th day of August, 2020, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY A ORNEY'S OFFICE rL ��� AARON C. HARP,—CITYAiTTORNEY Attachment(s): Exhibit "A" – Fourth Amendment to Restated Development Agreement No. 5 13-11 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. FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (Pursuant to California Government Code Sections 65864-65569.5 and Newport Beach Municipal Code Chapter 15.45) Approved August 25, 2020 Ordinance No. 2020- 13-12 FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Pursuant to California Government Code sections 65864-65869.5) This FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ("Fourth 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 Fourth 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 Parcel Nos. 423-011-30, 423-011-28), ("Property"). The Property is more particularly described in the legal description attached hereto and as Exhibit A and incorporated herein by reference, and as more particularly depicted as attached hereto in Exhibit B and incorporated herein by reference. B. City and Hoag entered into that certain Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian 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") attached hereto as Exhibit C with a twenty five (25) year Term of the 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") attached hereto as Exhibit D which incorporated references to a Supplemental EIR and amendment to the General Plan, an increase in 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. D. City and Hoag entered into that Second Amendment to Restated Development Agreement No. 5 and recorded in the Official Records of Orange County on June 3, 2019, as document number 2019000188999 ("Second Amendment") attached hereto as Exhibit E which extended the Term of the Agreement for an additional six (6) months. E. City and Hoag entered into that Third Amendment to Restated Development Agreement No. 5 and recorded in the Official Records of Orange County on August 27, 2019, as document number 2019000318392 ("Third Amendment") attached hereto as Exhibit F which extended the Term of the Agreement for an additional ten (10) years. F. City and Hoag now wish to enter into that Fourth Amendment extending the term two (2) years. 13-13 G. On July 9, 2020, due to COVID-19, the Planning Commission held a noticed public hearing on this Fourth Amendment and considered the testimony and information submitted by City staff, Hoag, and members of the public. Consistent with applicable provisions of the Development Agreement Statute and Ordinance, the Planning Commission adopted Resolution No. PC2020-26, recommending the City Council approve this Fourth Amendment. H. On July 28, 2020, the City Council held a noticed public hearing on this Fourth Amendment and considered the testimony and information submitted by City staff, Hoag, and members of the public. On August 25, 2020, consistent with applicable provisions of the Development Agreement Statute and Ordinance, the City Council held second reading and adopted Ordinance No. 2020-_ approving this Fourth Amendment. I. This Fourth 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," 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"), the Agreement, Amendment, Second Amendment and Third Amendment (collectively the "Amended Agreement"). J. In recognition of the significant public benefits provided in the Amended Agreement, and the fact that the two (2) year extension is requested as a result of delays due to COVID-19, the City Council has found that this Fourth Amendment: (i) is consistent with the City of Newport Beach General Plan as of the date of the Agreement, Amendment, Second Amendment, Third Amendment, and this Fourth 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 date of approval, 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 et. seq. and Chapter 15.45 of the NBMC. AGREEMENT NOW, THEREFORE, the City and Hoag agree as follows: 1. Term of Agreement. Section 6.3 of the Amended Agreement 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, 2031, unless otherwise terminated or modified pursuant to its terms." 2. Full Force and Effect. Except as modified by this Fourth Amendment, the Agreement, Amendment, Second Amendment and Third Amendment, attached hereto as Exhibit 2 13-14 C, Exhibit D, Exhibit E, and Exhibit F. respectively, are incorporated into this Fourth 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 Fourth Amendment may be signed by the Parties in different counterparts and the signature pages combined shall create a single document binding on all Parties. 5. Recordation. The City Clerk of City shall record this Fourth 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] 13-15 SIGNATURE PAGE TO FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. S ATTEST: IN Leilani I. Brown, City Clerk APPROVED AS TO FORM: Aaron C. Harp, City Attorney CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Will O'Neill, 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 Guarni Title: Senior Vice President and Chief Financial Officer (All Signatures to Be Notarized) Attachments - Exhibit A: Legal Description Exhibit B: Legal Depiction Exhibit C: Development Agreement dated February 14, 1994 Exhibit D: Amendment to Restated Development Agreement No. 5 dated June 17, 2008 Exhibit E: Second Amendment to Restated Development Agreement No. 5 Exhibit F: Third Amendment to the Restated Development Agreement No. 5 2 13-16 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 , 20 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 , 20 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 (seal) 5 13-17 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 , 20 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 , 20 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 (seal) 6 13-18 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block I of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2 - That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. AI 13-19 EXHIBIT B LEGAL DEPICTION OF THE PROPERTY BI 13-20 ti.. ,oxo AUWW _ .. 1R4C1 IRVINE �\ ti a -- r + r /ice i� ��H SP• 'rV •� ^a IOW' PARCEL 1 + t Ji ® fir ++, vt+ca '% r i v► w � + r sm-+r , 11 p t l r DII '++ ++ r BIJC 1 � t Al O PARCEL 2 cocir '41 fort caw03 �y>�Ilh• 1 �J m r � rxe • uoac + moors x,! W _ �oolcasi+ce IMAK7� pP! _ am 4w- f KMW M OMMMn Comm ar a, . A6L�M�CGi��iR1'•�•.. ..� R� �,tlrt 13-21 EXHIBIT C DEVELOPMENT AGREEMENT DATED FEBRUARY 14,1994 c I 4 199- c1 13-22 F.� REQ(1EST �8! ranossta� Recording Requested By and When Recorded Return to: City Clerk/ City of Newprt Beach 3340 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 0 - 11 DOC # 94-4207276 23—MAR-1944 03:59 pM Rea rkd in official b urds of Orme Camty, California Lee A. Bmb, cmu y Ruder °ssr 1 of 61 Fees: f 0.00 Fax: f 0.0 nEVELOP)CM AGREMIRW BRTWEN THE CITY Or NEWPORT BRACH Am BaAa M ORIAL HOSPITAL PRESBYTERIAN Approved _February 14,E 1994 Ordinance No. 94-8 REC VED 13-23 DEVELOPMENT_AGRERM THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian ("Hoagn). RECITALS. This agreement relates to the following: 0 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 Hoag. 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 pevelopraent 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 Aft 13-24 the coastal zone subject to approval of a coastal development permit by the California Coastal Commission or its successor agency. 1.5 klanningit Hearincts. 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 an 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 Manch 16, 1994. pBPINI7'X0TiB . 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". AM 13-25 L ' � I ~ 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 S. 2.4 The "Apornva1 Date" means the date on which the City Council voted to adopt the Adopting Ordinance. 2.5 All for 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. i 2.6 i "CBOA" and tt►e "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. i 2.8 "City Council" refers to the City Council of the City. i 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 "mg" 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 "Cit Default" refers to a Default by the City, while a "Hoa Aefault" refers to a default by Hoag. ; 2.12 The "Effective Date" refers to the effective data 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 "BIRO 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 AMk i 13-26 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 at substantive part of this Agreement. The Exhibits to this Agreement are: • Exhibit A: Legal Description of the Property Exhibit B: Kap of the Property Exhibit C: The Master Plan Exhibit D: Estoppel Certificate 2.7.7 "Existing General BequIsItions" means those General Regulations 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 bate. 2.18 "Fpture General Regulations" means those General Regulations (see Section 2.19 below) adopted by the City after the Approval 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 1Eoag 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 "Winter 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 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other 4 13-27 • ANk transaction under which all or at 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 "Parties" refers to the City and Hoag and a "Party" shall refer to either of the Parties_ 2.27 "Planning Comission" refers to the Planning Commission of the City. 2.28 The "Project" refers to the proposed development of the Property pursuant to the Master Plan and this Agreement. 2.29 "Project Snecifig 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, naps 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 D I.OPKENT. 3.2 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 Diaster Plan; (b) conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR: 5 13-28 (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. J.2 CgMyliance with Malter Plan Conditions t o sures. 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 an 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); 6 Awk 13-29 (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 Baster 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 M=agement 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 b2ogTan EIR. Hoag acknowledges that the EIR is a "Program IR_" The ETR 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 Monitoring1 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. Fr- 1 13-30 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 w'th General Re latio s. 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 an 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 raster 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 D LO� . 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 Baster Plan. Subject to the provisions of Sections 3 and e, 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 4D opposed to permitted) by state or federal law. 4.2 Reservations or )ed 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. i 13-31 4.4 Time for Construction ano Completion of- Fro'lect. Subject to the provisions of this Agreement and the !Baster Plan, Hoag shall have the aright 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 REVIEW. 405.1 t n 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. Biowever, 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 Ho This 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 Alm 13-32 is Aak 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 Est Celftificate. 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 Zane as defined by the California Coastal Act (Division 16 13-33 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") is 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 11 13-34 C7 • 7. Amk 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 pate of this Agreement. This Subsection shall prevail over any conflicting ordinance, resolution, policy or plan adopted by the City Council. 6.6 E orcement. 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. 6.6 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. COKFLI_f,1'g� LAW _ 7.1 ConflJct _with State and Federal Laws an_Reaulations_ 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 12 13-35 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. B. PUBLIC BENEFITS SYACTIONS. 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 13 Aft 13-36 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 SIR. 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; 14 Amk 13-37 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 15 Ask 13-38 (ii) The construction of facilities necessary to bring reclaimed water to Best 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. (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 improve=ments 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 (lot) 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 15 Ask 13-38 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 O -tion to Institute T&qal Proceedinqn.gr 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 Party's right to give future Notice of the same or any other Default. 9.5 Default by Hoa . 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 16 AMk 13-39 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. -0 ENCUMBRANCES AND RELrASES ON PROPERTY. 10.1 2iscretion 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 racaive from the City written Notice of any Hoag Default at the same time Hoag is provided with Notice pursuant to Section 9.1. 11.0 MrSCELLMMUS PROVIaTONS. 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: 17 Aim 13-40 To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: City Manager To Hoag: Hoag Memorial Hospital Presbyterian 701 Newport Boulevard Newport Beach, CA 92563 Attention: President With a copy to: Tim Paone Paone, Callahan, MCHolz 6 Winton 19100 'Von xarman, 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 Enfc=ed Delav;ixtension of. Time of Perforaance. Neither Party shall be deemed to be in Default Inhere 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 lg I Ask s i 13-41 Agreement shall become void. For purposes of this section, and without excluding the possible materiality of other provision 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 0 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 Incortioration 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. 31.8 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 Ponstruction of Agleement. 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 Aft 13-42 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 allthority 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 Recordinu. 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 Lecial 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 is 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 or. s' 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 AIM 13-43 ' Date: d— , 1994 CITY OF NEWPORT BEACH Clarence rner, Mayor - I r Date: March 9 , 1994 HOAG ?JEI+�ORIAL OSPIT SITYTERIAN jb,,Lt,T. BY: A e Chairman of t e Hoard i wb�SQ&9*A.Tnl 4/21196 u A=k 21 3-44 Exhibit A LEGAL . DESCRIP 1 ION 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. 13-45 F1' 0, 3 nuer 4 IRVINE S � ,a.ffel/ iar wrMAIM v V +A C ""u / � %% PARCEL i 0 ' 1 B"/ PARCEL 2 MTFM 1 -------- P L �� 0 `� i 1or og mm or wmomw MOW tint aUr~ t sow ' \ t JL" g' \ y 00 .t m ►Ian. ma 1 A WO" MAI w wAor Rl07 � ox AX =7,craC OD" twm murtr d a'' �]tAG7 AR1 JGlf:7 13-46 • HOAG MEMORIAL, HOSPITAL, PRESBYTERIAN PLANNED COWIMUNITY 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 Na 92-3 May 26, T992 Exhibit C 13-47 TABIC OF CONTENTS Page • May 26, 3942 Aft L 13-48 Number L Inuoduction 1 M General Notes 2 III. Definitions 4 IV. Development Plan 6 V. District Regulations 11 VL Sign Program 20 VII. Parlaag Program 22 VIII. Landscape Regulations 24 DC Site Plan Review 27 • May 26, 3942 Aft L 13-48 • • Ask ExtIIB[TS Page Number 1. planned Community Development Plan 7 2 Internal Circulation 9 3. Development Criteria 15 TABLES 1. Statistical Analysis 14 2 Parking Requirements 23 May X M H I 13-49 1. INTRODUCITON BaCk&Mund 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. Time 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. • W y ?b. IM Amk I 13-50 11. 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. AJl 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 maximi 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. 1. 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 ou 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, iwy 26. 1992 r-19 2 13-51 • 8. Grading and erosion control shall be carried out in accordance with the provisions of the C5ty of Newport Beach Grading Ordinance and shall be subject to perruits 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 adcquate 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. Mey 26.1M 13-52 • • Alk III. QEFETII'I'LONS 13 e3ding 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. BttildinP Emel-___.n„ne: the volume in which a building may be built as circu nscnbed by setback lines and maximum allowable building heights. it 'ng 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. PMetQenoa Room. a service and facility designated to provide acute emergency medical services for possible life threatening situations. EM Aid: low acuity medical treatment for non -life threatening situations- GeneralPian: 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 -trade alterations. 3. fisting - the current elevation of ground surface. Iripati@ni� lseg: hospital patient services which require overnight stay. landscape Area: the landscape area shall include on-site walks, plazas, water, rooftop se+y 26, e99Q 4 13-53 landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. i Mk, ea Level: a reference or datum mark measuring land elevation Using the average level of the ocean between high and low tides. a Q42aticnt Uses: hospital patient services which do not require overnight stay. Residential CAT& 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: i 1. Gross - parcel area prior to dedications. 2 Net - parceI area after dedications. Special Undscap Strut: 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. i n+.y X 1942 5 13-54 IV. DEVEI DPi1g:1 T PLAN ftdwristi 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 (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 funcdons, while the lower campus will be developed with predominantly outpatient, residential care and support services. Dmlopment Plaq The Planned Community Development Pian for Hoag Hospital is shown on FxWbit 1. From 1990 to 2015, many of the existing buildings shown on the Development Pian 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 btIc 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 0.5 acres) and a consolidated view part at the westerly edge of the property (approxF- 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 Iower 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 Comrmmity 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 Piar- urAi9n 13-55 0 i LFGENb F ' AREA of OLVALOPMEP(T fNHMCII FYl1�R � �t 17 s PLANNED COMMUNITY DEVELOPMENT PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN,, L. 13-56 The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide fleubility 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 auadysis, For example, if changing hospital needs necessitate the development of additional outpatient uses, this development would be allowed, consistent with the Development Plan, as Iong as a corresponding adjustment in square footage � d 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 Plan 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. is M" A I992 Awk 13-57 r LEGEND 0 IfRE PRIPAARY ACCEa>i {SIpNAU ZL.D} IsilOECOMOARY ACCESS ® OEAYICEACCESS mPUBLIC CIRCULATION © BTAFP / IRRVICE CIRCULAT" unstr ow.r r T- I VEHICULAR ACCESS �HOAG MEMORIAL HOSPITAL PRESBYTERIAN 13-58 May 2b, 1943 Aft 10 13-59 Table i STATTSTICAL ANALYSIS` ILI& 5guare Feet Lower Campus Msting: Outpatient Services (Hoag Cancer Center) 65,000 Child Care 7,800 SubtataL• 72,800 Phase I: Outpatient Services 115,000 Support Service 55,000 Administrative 30,000 Subtotal: 200,000 Phases II & III: Subtotal= 305,089 577,889 Upper Campus FAsting. 480,000 Phase 1: Outpatient Services 25,000 Inpatient 115,000 Subtotal: 140,000 Phases 11 & III: 145,349 Total VDM QMiDus 765,349 GRAND TOTAL 1,343,2383 FLL11 dme apmew or the 97per and k r cmp� s aatidp.ted to aecnr o.a an approcmue 2D-y�r pcnod and .rig W4 oa r in thy, 3enalmr pt,.... 2 Up m 50% of the d idi¢g upper dmpr m' be de.efoped by ,rarer pLa buiWnut 3 Dosed on dm4opacnr a0o.cd under the Cienenl Ptoe rt a fbor tom mtlo to Vm rite at or -65 for the Iver ramp" and lll for the upper ompus_ Building Bea limit for the ko mmpaa i. 0,90 Cor IN shwt es which iacludm .bw pude com=d parkm4 May 2b, 1943 Aft 10 13-59 V. DISTRICT' WGUTAATIONS 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 sucb documents deemed necessary by the Planning, Building and Public Work, Departments shall be submitted for the review and approval ; of the Planning, Building, and Public Works Departments. Armitted Tjses 1. Lower Campus a) Hospital facilities, including, but not limited to: L Outpatient services: • Antepartum Testing • Cancer Center i r Skilled Nursing I • Rehabilitation • Conditioning + Surgery Center • Clinical Center • Day Hospital • Back and Neck Center t • Biofeedback • Breast Imaging Center • CI' Scan • Dialysis • EEG/EMG/NICE Laboratory • First Aid Center • Fertility Services I • G.I. Laboratory i • Laboratory • Magnetic Resonaure Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services nt.y ss, i�x l l f I I 13-60 13-61 • Radiation 7berapy • Radiology + Respiratory Therapy - • Sleep Disorder Center + Speech Therapy • Ultrasound ii. Administration • • Admitting • Auxiliary Office • Business Offices • Cnformation • 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 M" 26, IM 12 13-61 • 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- 2- Upper Campos a) Hospital facilities, including, but not limited to.- i) o:i) Inpatient uses: • Critical Care • Emergency Care Unit • 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 vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buiidkV. sry xc, ivy 13 13-62 ` B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport C. Maxi Building Hei b The maximum building height of all buildings shall be in accordance with Exhibit 3 which established the following height zones: 1. Upper Campus 'Power Zone - maximum building height not to exceed the existing tower (235 feet above mean sea level). 2. Upper Campus Midrise Zone - maximum binding height not to exceed ; 140 feet above mean sea level. 3. Upper Campus Parking zone - mad urn building height not to exceed 80 feet above mean sea Ievel, exclusive of elevator tower. I 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. tba ;. Setbacks for the Hoag Hospital Planned Community are shown on Fxhibit 3, I. Setbacks will be provided along property boundaries adjacent to the Villa Balboa / Seafaire Condominiums, as defined below. a) Upper campus western boundary setback &hail 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 lint of the existing service drive. b) Lower campus northern boundary, all of which will have a 20' minimum building setback, f guy zs, IN2 14 i 13-63 13-64 ly til=: t �% //� %��i/ ���% ..• . � . ��` �E� uni ® .o■+eiiiiiii'e�iiiiiiiii+r -aa�in.-ar laaruuaa■.■\■r.rw\/ ■ •Yr.Y1'aar Yrr■ralf igf4Nr"1 r�i'azf..e■er■arraaaaa!t■Ir\e:. �I:.t S�lyMh!l�l�ru r.y. .4\■rnrllf�fr1.a■t:ff■ '1Ya r.M l���rrr�■������Yr f■ `�*� ss _.---"�,�I'aa •yaraw.wawwf■az..11r _ a Yau • s�i �L.IYfa�ar:.ffa•.4r rfawt'n' Y�rrrefaasaa�,r aa� +afauwr■w, wuauaon frri I 13-64 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 Higbway 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 ZD% of the building ftntagc shall be articulated in such a planner 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 equiredIf 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 2016 of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 55 feet. M -r Y4 IM 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. 16 13-65 10'0 of the linear length of height canes A and B as viewed from the existing bicycle/pedestrian tail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. l These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defirted in Section IX. . 3. There will be no building setbacks along the boundary with CalTraus 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. Liphting The lighting systems shall be designed and mainmined 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 purposcs 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. Signs All signs shall be as specifiers under the Hoag Hospital Sign Program, fart V1. Il Parkin All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. May 26, 1992 17 '-66 L Undscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. 7. mechanical,and Trash _�n 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 inte'ERal "latign 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 (i e. 7:00 am. to 8:00 p.m.), signage to restrict use of the road by Hospital employces, physicians, patients and visitors during non -working hours, and other methods to restrict use. The Hospital will also request that vendors not deliver (ie. 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. up 26, IM 18 13-67 L Loading Dock Within one year from the date of final approval of the Planned Community District Regulations and Development Flan 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 l'hc 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. 14u7 2f,� IWZ 19 13-68 C7 • V1. HOAG HOSPITAL SIGN PROGRAM A- $Lrpose and Intent 1. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wail 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. i gdMds 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -building, may he 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 sigus 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 l Ill -L C Nltmber 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 (I0) 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 26, 1992 20 13-69 • to the same number and area maximums desm-bed above. This sign may also occur as part of an entry gateway systern. 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 exceed thirty-fivc (35) square feeL ibis sign may oc= 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 he no higher than the roof Eine of the building upon which they are mounted !a=r 26. tM 21 13-70 u V11. HOAG HOSPITAL PARKING REGULATIONS A eneral 1. Off-street parking for Hoag Hospital shall be provided on-site. ParlQng may lx 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 f 3. Parking Iot lighting shall be developed in accordance with City standards and sball be designed in a manner which minimizes impacts on adjacent Land uses. [Nighttime lighting sball be limited to that necessary for security and shielded down Erom 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 pian shall be subject to review and approval of the City Planning Department. F B. Requirements for Off=rg Parkin Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be detercained based upon building type and the area allotted to the following functions. Any area wbich is calculated as part of the total floor area limitation shall be included in the gross floor area to determine the parking requirement i .1"Y 26, i W2 PRA 13-71 1 Table 2 PARKING REQUIREMENTS Cate¢ory $3 ddat ReQtirements Outpatient Services 2.0 spaces/1,000 square feet' support 1.0 spaces/1,000 square feet` Administrative 4.0 spaces/1,000 square feet* Residential Care 1.0 spaces/1,000 square feet` Medical OfEces 4.0 spaces/1,000 square feet' Inpatient 125 spaces/1,000 square feet•• j i Parking requirements are based on a study performed by DKS Associates in May, 1987. i " Panting requirement is based on current Hoag Hospital parting demand. ; May 26. 1942 23 13-72 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A znral 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 Park-, Beaches and Recreation Departments and approved by the Public Work Departments prior to issuance of a building permit 40 and installed prior to issuance of Ctrtificate of Use and Occupancy. The I Landscape Pian may include a concept for the roofs and the parking Ij structures. TYees shall not be used, but a planter boar or trellis system shall be designed to provide visual relief of parking 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. 3. 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 I root cuttings. i 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 j 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing is not required and irregular j grouping's may add interest. Care should be exercised to allow plants to s grow and maintain their ultimate size without restriction. i i 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 i avoid surface runoff and over -watering. 13. Maintenance l t 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. i r E M.y 26.1M 24 13-73 3. All plantings are to he kept in a stealthy and growing condition_ Fertiliza- tion, cultivation and tree pnming 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. 5. Stakes, guys and ties on trees should be checked regularly for correct function; des to be adjusted to avoid creating abrasions or girdling to the stems. b. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. C. Special Land-jopoo 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. Lattdsaping 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.Uboa LMdS.MK anp 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 arca_ The purpose of the landscaping will be to screen and buffer residential units from hospital activities. E. Padang 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 tate Planning and Public Works Departments. M,r 25, IM 25 13-74 C7 • 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 shaft conform to height restrictioas. May 26, JW2 13-75 TX SITE PIAN REVIEW. 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 Pian Review reguircment by the Planning Commission for certain individual projccts which are proposed by the hospital to differ from the setback, horizontal and vertical articulation requirements as set forth in Section VD2 to insure that these projects conform with the objectives of the General Plan and the Master Plan for Hoag Hospital. B. Finding 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 plarmcd landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of cdsting properties in the arca_ 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 VD2 D. Planail m S �brrli 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 dircction 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 13-76 r� l� u 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. pplicable:1. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Test); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and sball not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximie 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, iM 28 13-77 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 Hearin¢ - Reouired Notice A public hearing shall be held on all Site Pian Review applications. Notice of such 0 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 conspicuous places on or close to the property at least tea (10) days prior to the hearing. IL Action the Plannifir g Qgrnmission 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 COrnrnissio- Tbc action of the Cornrni&sion an 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 -ono (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 26, 1"2 29 13-78 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 Resohttion of the City Council_ J. Action hy the City Cauncil 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- motion and Revocation 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 'Perms. 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 perusittee at least ten days prior to the hearing, 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. t1_APlannnt9kPCrEXTI HOAGHOSP May 76, 19'92 30 13-79 Io 1 � r! b� 1 Al. I III ssit�a�.��.{rlt,�fi4ir�rr���� 1� u EltifW D Date Pbquaatsd: De3a of C�: On , the po Clty at Newn Basal approved the 'Dem auttartt AQrBatwesn to City of Newport Beach and Hoo Moo -to d Ptmatt hvlmn" " nwaloptnert 1t101ae rwvr)-A 7hb esbplA Cargo cum" that, as of the '[Tats of Ceat1 ONO eet forth I CHECK WHERE APPUCABtE t. The Dmsbpmert AW& rrtertt remalm bkxft and WWMw; Z. The DrAgopmott AQreentant has not bw anwxW; 9. The Dev*p'mnt AWWnGM hu bean arttentled In the tt 1krA 4. NWW lfoep nor any of 4 succsamV era in de[asaD ur der the DayakpmertE Agreersterttr 5- The its whV dokft edit under the Dprgkpmertt Aa mmaM This Estoppel Urtllk to may be robed upon by any tromtaree or mortMee hO aet In the property which is w boat of the Dave"prnertt Aproer not CfTY OF NEWPORT BEACH BY: NME- TTfLE. +o" I til EXHIBIT D KV 13-81 EXHIBIT D AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO 5 DATED MUNE 17 2008 Dl 13-82 f RECORDING REQUEST BY, AND WHEN RECORDED MAIL TO: City Clerk City of Newport Beach 3300 Newport Boulevard P_O. Boz 1768 Newport Beach, CA 92659-1768 This Document was electronically recorded by ER Cert Mail D Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 11®111®®IREI®I NO FEE 2008000289321 12:35pm 06!17108 120 33 A17 56 0.00 0.00 0.00 aao 0,00 0.00 0.00 0.00 EXEMPT FR F SCAT.. i3OV'T (Space above this line for Recorder's ase) A .ol"T RECORDINIG REQUES11' ER GOVERNME T CEDE 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 I3, 2008 Ordinance No. 2008-10 FNAL 5/151U8 10M.34 Ma N59720 vl 13-83 RECORDING REQUEST BY, AND WHEN RECORDED MAIL TO: r City Clerk City of Newport Beach 3300 Newport Boulevard P.D. Boz 1768 Newport Beach, CA 92659-1768 I`f _ EXEMPT ERQM FTUNG FEES CAL, CQV)' CODE § 6103 (Sparc above this line for Recorder's ase) EXEMPT RECORDING REQUEST PER i G01fiRNMEN7 CODE 21383 AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 i 1 BETWEEN ! HOAG MEMORIAL HOSPITAL PRESBYTERIAN i i AND THE CITY OF NEWPORT BEACH i (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 l FINAL 5116108 10001.34 H&0: N58720 A 13-84 AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Hoag Memorial Hospital Presbyterian) THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ("Amendment' } is entered into and effective on the date it is recorded with the Orange County Recorder (the "Effective Date") by and between the City of Newport Beach (hereinafter "City") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag'). RECITALS I . The "RECITALS" to the Restated Development Agreement are amended to add new Sections 1.9 through Section l .19(f) to read as follows: 1.9 Hoag Prolterty- Hoag is the fee owner of approximately 38 acnes of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit "B" (the "Property") - 1.10 Hoag Healthcare Services. Hoag is a modern, state-of- the-art acute care, not-for-profit hospital providing a comprehensive mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institute, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical program in many other specialties. 1.11 Hon Community Benefit Programs. In addition to providing state-of-the-art hospital, diagnostic imaging and emergency room care medical services, Hoag is involved in many other community benefit programs such as police and SWAT team, fire department and paramedic support services, designating the City as the point of sale for major hospital equipment purchases and construction projects, providing financial and transportation support for the City's senior Oasis Center, and providing methane gas flare burnoff to mitigate methane gas fumes along Pacific Coast Highway. Hoag's community medicine program allocates approximately $I0 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 5/1608 10W l .34 H&O: 458720 yr 13-85 1. 12 EIR No. 142 and P.C. Text. On May 26, 1992, the City Council of City ("City Council'D 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.I3 Square Footaof Buildable Area. Under the existing Hoag Master Plan and P.C. Text, the Property allows a total of I,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 A ent No. 5. On May 26, 1992, the City Council adopted Ordinance No. 92-4 approving Development Agreement No. 5 between the City and Hoag incorporating the Hoag Master Plan and P.C. Text and granting vested rights to Hoag to develop the Property pursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on August 4, 1993 as Instrument No. 63-0522236. 1.15 Restated Development AgIgemenC. On February 14, I994, the City Council of City adopted Ordinance No. 948 approving an Amendment and Restatement of Development Agreement No. 5 ("Restated Development Agreement") incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Restated Development Agreement was recorded in the Official Records of Orange County, California on March 23, 1994 as Instrument No. 94--0207276- 1. 16 40207276_ 1.16 First Amendment to P.C. Text. On August 13, 2002, the City Council adopted Ordinance No. 2002-17 approving the First Amendment to the P.C. 'Text to provide that certain non -occupied building areas are not counted towards the maximum permissible building floor areas for development of the Property. 1.17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's FINAL .. 5116,99 10001.34 H&O: #58720 vi 2 13-86 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 Iandscape screening and walls to mitigate and buffer noise and improve aesthetic impacts for adjacent residential properties. 1.19 Restated DevelopmentAgEMentAmendments. 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 Elemeat. 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 bower 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; r' FINAL 5116118 IMz_34 H&O: #58720 vi 13-87 (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 (f) incorporate the Second Amendment to the P.C. Text. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 1.5 of the Restated Development Agreement entitled Planning Commission/Cio Council Hearings is amended to read as follows: "1.5 Planning CojnMiSSjoV/CjtV Council HearinQ_ 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 CounciI 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.. The Plarming 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 I6, 2008." 2 Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "I.8 City Ordinance_ On February 14, 1994, the City Council adopted Ordinance No. 948 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 FINAL 5/16MS 10001.34 H&A: #58720 v! 4. 13-88 this Amendment and .authorizing the Cityto enter into this Amendment. The adopting ordinance will became effective on June 12, 2008.,' 3. Section 2.1 ofthe Restated Development Agreement entitled ne Adopting Ordinance is amended to read as follows. "2.1 The "Adating 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 "A eement" 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 hrnpact Report No. 142." 6. Section 2.23 of the Restated Development Agreement entitled Master Plan is amended to read as follows: "2.23 "Master PIan" refers to the Hoag Memorial Hospital Presbyterian MasterPlan 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 entified Conditions to Development is amended to add a new paragraph after Subsection (f) to read as follows: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with tltis Section." /k FINAL -1 V1668 10001.34 H&O: #58720,,z 1 13-89 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 ETR 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." FINAL 516106 10001.34 H&O: #58720 V1 13-90 It. 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 i❑ the BIR. 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 inclmred in conducting Annual Reviews. Hoag small 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 Exaerions is hereby amended to delete Subsection (c), which reads as follows: "(c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk SIough 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 potehtial 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 5116+08 10001.34 H&O: #58720 vl 13-91 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 reirnburse 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 -tum pocket for southbound Newport Boulevard to westbound Hospital Road; and (iii) funding of the operational improvements and traffic signal upgrade at the Hospital Road and Placentia intersection ("Priority Public Improvements"). Construction of the first two Priority Public Improvements listed above occurred during 2007, and the third is anticipated to occur in 2008. The City shall be obligated to pay the actual cost difference, if any, for construction of these Priority Public Improvements. However, if there are any funds remaining after construction of the Priority Public improvements is completed, the City may retain the funds to be used for other City projects or services that benefit the public. The City shall also have the sole authority to decide the design, cost and scope of the Priority Public Improvements and the sufficiency of City's performance on the Public Improvement Projects shall not be subject to Hoag's approval. The balance of the Development Agreement Fee (S 1.5 million) and any fiends remaining after the construction of the Priority Public Improvements shall be used by the City in the City's sole discretion to � 1 FINAL. 5/16!08 10001.34 n&O; #58724 v1 $ 13-92 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 SaleslUse Tax Origin, to read as follows: FINAL 5116108 10001.34 }i&o; 458720 A -8.3 Sales/ Use Tax Driein (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 there 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. l 91 13-93 Hoag, if readily available, shall provide to the City or any City designated representative the names, addresses, phone numbers and contact name of the general contractor and all subcontractors. (b) Hoag will continue to follow the Direct Payment Permit Process established in the Revenue and Taxation Code and use the permit for all qualifying individual purchases in excess of$100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale. (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hoag and shipped to Hoag's Newport Beach location may also be eligible for direct allocation of sales/use tax to the City. Upon request of the City, Hoag will provide City on a semi-annual basis with a list of purchases exceeding the $100,000 threshold during the preceding six-month period, including the amount of the purchase and, if readily available, the name and contact information for the vendor upon request by the City. The City agrees to review the semi-annual list of purchases made by Hoag and advise Hoag of any 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 ofsal es/use tax payments in future periods." 15. A new section, Section 8.4, shall be added to the Restated Development Agreement entitled Sunset Vier Park Improvements, to read as follows: "8.4 Hoag shall reimburse the City up to $ 150,000 for the installation of groundcover, shrubs and irrigation systems within the unimproved portion of Sunset View Park and Superior Avenue, approximately 20,500 square feet in area, located northerly of the cogeneration building. Reimbursement to the City shall be within 30 days of Hoag receiving an invoice from the City." FINAL 5116/78 1000134 H&O: #58720 Y1 10 13-94 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 30'x', 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 I I . I (c) of the Restated development Agreement entitled Notices is hereby amended to delete: "With a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8" Floor P.4_ 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 926I2 1S FFNAL 511609 16001.34 }3&0:1158720 v1 I I 13-95 with a copy to: Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Mair] Street, 5th Floor Irvine, CA 92614--7321" 18. A new Section 11.17 shall be added to the Restated Development Agreement as follows: "11.17 Indernnification/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 Progrmq and/or statement of overriding considerations for this Project. This indemnification shall include, but notbe limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and ogler 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." FFNAL --' 5116108 10041.34 13&O: #58720 A 12 13-96 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, ail 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 Cleric shall cause a copy of this Amendment to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the effective date of adoption of the Ordinance approving this Amendment_ [Signature page follows] FINAL - 5l16N8 1900134 H&O: #58720 A 13 13-97 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Development Agreement No. 5 to be binding as of the Effective Date. V i LaVonne Harkless, City Cleric u' s� APP OVED AS TO FO I !� Robin Clauson, City Attorney CITY: THE CITY OF NE RT B CH, a municipal corporation oft tate alirr}ia By: Edw a rch, mtryor OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California onprofit public benefit co ti By:_ Richard F. Afab , M.D. President and CE (All Signatures to be Xotarized) FINAL 511609 SM134 H&O: #58720 W 14 F i 13-98 CALIFORNIA ALL-PURPOSE • sv.�v.. �aL�i.Y.d:..� r rt,, ,xc, ,icoiss:_v.h•,:�o-s. s•s:..wyss^r^.� i -� U� [.• � c�n•s .� a 3` • �+. �: s� r:�:•ri,.M. .. _. State of California County of ii�(J7 On 1.IV 1+ �'vC)D before me, oakv Here in a ..ZKAQ of 1* otnw who proved to me on the basis of satisfactory evidence to LAM L a KnN be the persons} whose natne(e) islam subscribed to the Ctayy 1533177 within instrument and acknowledged to me that PUbac i otonge county - r°Wai^tO he/she" executed the same in hL%T4m#iieW authorized MVCOm n EVWw ypny��1 ^ capacity(ie*, and that by h� signature(s) on the instrument the pefson(s} or the entity upon behalf of which the person(&) acted, executed the instrument. t�I1 t. fRC�wAI CafrrrMW10r1 V 1533477 WW P't4e - Catrm, Orange Canty IAtr Caren>L t�p'"JtnWL 201 Plam Notary Ser! Abrn 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 daffici I seal. Signatureswairm Cr Na -V P.C. oPrroNAL Though the Wxrwtlon below is not required by law, It may prove valuable to persons relyrng on the document and could prevent Imuduient removal and reMachrttent of this form to anotherdocument. Description of Attached Document Title or Type of Document - Document Date: Signers) Other Than gamed Above: Capacity(ies) Claimed by Signer(s) Signers Name: G Individual Corporate Officer—T108(s): _ G Partner — ❑ Urn ited C General Lj Attorney in Fact 0 Trustee El Guardian OF Conservator J Other: Signer Is Representing: Number of Pages: Signer's Name: 0 Individual Corporate Officer—Title(s): 0- Partner — 0 Limited D General C1 Attorney in Fact Ll Trustee El Guardian or Conservator D 01her: Signer Is Representing: alrrvrH��rrs�nlNr or Slyri£L' m2067 Nadorw Flotary Aasactatlan•B35Q Ca Soto Ava.,P.QBoc 24Q2•Chatcwaryn,CA Bl313-2442•rmw.NalionegYolruyprp Vern s5B07 R60,der;=Ta1-Frm14*0R764Wi 13-99 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California CotmtyOf C�k4�.tr�x On N&� j �j 7-00 13- before me, -- - cb t eS, m64.5 -g-, Ou.Ll; c (Here ineca name end title of the afficer) personally appeared _ c114,ec} r`t i A 61 c who proved to me on the basis of satisfactory evidence to be the pt ons whose name am subscribed to the within instrument and acknowledged to me thatQYaWtitery executed the same in tb& authorized capacity(*, and that by t/theer signatiltreo) on the instrument the person., or tete entity upon behalf of which the person(jj 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_ [IE6(�iA HAVES WITNESS my hand and official seal. Iroaictatt Rlw y1 (Notary sad) cam SismUurrnfNctary Public ADDITIONAL OPTIONAL INF'ORMATIION DESCRIPTION OF THE ATTACHED DOCUMENT e,U;- -ft, 9eAA-w (Tide or dmicription of atter3ted doeurDbt) (Title or de=vIioa ofallaehed &cent cantioucd7 Ntunber of Pages Document Date. q 6 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) R Corporate Officer P_�:d-i eta C ("Cillo) 0 Partner(s) ❑ Attorney -in -Fact ❑ Trustec(5) D Other 2008 Vesian CAPA vl2.14.OT 80O-873-9865 www.NatmyClasses.com INSTRUCTIONS FOR COMPLETING TEES FORM Any aclmowlerjg+nera completed in California renuf contain verbiage exactly as appears above in the notary seccon or a repo acluawledgmenr form micry be properly completed and attacked ro that doe mte st. The only esepdan it it a document is to be secordrd outride of Ca4(amta. In such Luc= ,, any alxramivc acdmmoledgweirf verbtrrge as may be printed on such a dotaamt so long as the verbiage docs nos require the notary a do sometbing tar is illegal Jr}r a notary in CalifarnGr (i. e_ cerftjyag the aahofted opacity of the signer). Please check rhe docrmptcarefullyfarpropernommlwwordingw%danarbthisfarmifregaied r Stele and County WMMIltion must be the State and County where dre documenr signer(s) personally appeared before the notary public for mlatowledgarnt_ Date of noYBrizWon mast be the date that the sigaer(s) petsoually appeared which mrd also be the stare due the acknowledgment is aompiefetl • The notary public must print his or ha name as it appears within his ar her corms inion followed by a oaaana and then your tith(notary public), • Print the name(s) of docugtrnt sigret(s) who perennady appear at the time of notmizawn. • Cuneate the eorriect singular or plural forms by crossing of incorrect farms (Cc. Wshelawyr- is lttra) Or circling the correct farms. Failure to tonectly indtcato this inforruation may lead to rejection of document recanting. • The notary seal impteuion must be clear artd phomgapbically rcptnduphle. Impression anal not cover tact or linm if seal inspumsim smudges, ne-sw if s mf riau area permits, otbewise, complete a different admowledgment form, • Signature of the notary, public mast match the signature an file with the office of the aoumy claiL h Additional Infohmatwo is not required You could help to enure this acknowledgment is not miatscd or ammhcd to a di@Ercgl document * Indicate doe or type of attached doctm>mt, number of pages and date. * Ind(care the capacity caimed by the signer. if tiro elahwd capacity is a corporate obiter, indicate the title (i.c. CM, CFG. Serraazy)- Srcrrcly attach this document to the signed doc=ent 13-100 EXHIBIT A LEGAL DESCRIMON The subject property is the following real property in the City ofNewport Beach, Countyof Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California Parcel 2: That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. ;~ FINAL 5116108 1000[.34 H&o- #58720 A A-] I 13-101 f 410 0014 - 1 r-:. 41*tl r1�R Aa iow E.fl1PC'P �rN1Nf)llti PARCEL 2 agar Wnw i� r N At* O-Av r �oar rMa ,ttr�►Arw � , +.ralow .. iti I f x a� 6=4M r.+ 4 COW" a 04, 13-102 At AqVMV [aper Campus 4 ti` t `1 "A 1N +r PARCEL' + { iwr tar* +4{ r�.s•..xr st t y � p► � �t sst w i r L L ` x a� 6=4M r.+ 4 COW" a 04, 13-102 EXHIBIT C HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNCTY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted May 13, 2008 Ordinance No. 2008-9 Effective June 12, 2008 ? `J FINAL 5/16106 IM134 H&a 958720 Yl C-1 13-103 } HOAG MEMORIAL HOSPITAL PRESBYTERIAN t 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 FWAL_HmE PC. _04 ] WS& lOC 0 13-104 i i Hoag .Memorial Hospital Presbyterian Planned Conrmanily Anriopnwxf Criteria and District RegWatioos TABLE OF CONTENTS Page Number I. INTRODUCTION I II. GENERAL, MOTES 2 IIL DEFINITIONS 3 IV. DEVELOPMENT PLAN 5 V. DISTRICT REGULATIONS IO VI. HOAG HOSPITAL SIGN PROGRAM 21 VII. HOAG HOSPITAL PARKING REGULATIONS 23 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS 24 IX. SITE PLAN REVIEW. 27 �,--� FINAi._Hosg_PC_041808aDOC 0 3 i 131-105 Hoag ,Menwial gTe!p ai Presbyterian Planned Community Devdopmen[ Criteria and Disrrict Regulafiom LIST OF EXHIBITS I. PLANNED COMMUNITY SITE AND BOUNDARY MAP 2. VEHICULAR ACCESS 3. DEVELOPMENT CRITERIA 4_ PROPOSED SOUND WALL LOCATION PLAN 5. LOADING DOCK AREA LOCATION 6. LANDSCAPE MATRIX 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN S. COAST HIGHWAY LANDSCAPE SCREEN LIST OF TABLES 1. BUILDING AREA STATISTICAL ANALYSIS 2. PARKING REQUIREMENTS FIN .AL_Hnag__PC 04I808aaf)OC Page Number 7 8 14 19 20 32 33 34 9 23 13-106 Hoag Mendorlal Hospital Presbyterian Planned Conmmmo, Development Crdela and District Regn1a4ou3 1. INTRODUCTION Backg ound 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 became 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 tent 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. C—) FINAL_Hoag_PC_041808a,OOC 13-107 Haag Memorial Hospital Presbyterian Planned Commandy Developmwnt Crileria an d 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. b. Any fire equipment and acc--ss 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 he further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shalt be allowed provided that landscaping of exposed slopes shall commence within thirty (30) days of the completion of grading. FINAL_Hoag PC_04I80Ba,DOC 7 13-108 Haag Memorial Hospital Pr-hoeriax Pfaruud Community Development Criteria and Districf Regulations 111. DEFINITIONS Buildinpz Elevation: 1. A vertical distance of a building above or below a fixed reference level, i.e., MSI. (mean sea level). 2. A flat scale drawing of the front, rear, or side of a building. Building_Envelone: The volume in which a building may be built as circurnscribed by setback lines and maximum allowable building heights. Buildin Hg_ eight: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the. land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: I. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of govemmental agencies and is not for general or routine occupancy;and 4. As applied to new construction permits issued on or after August I3, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: "lite 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.) FINAL Houg-PC_041868a.DOC 3 13-109 HoagMeOlOrW Hospital Presbyterian Plawned Comman ny Development Criteria and Disinct Regulations 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. I 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 treasuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: Hospital patient services which do not exceed twenty-four (224) 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. FINA L_Hoag_YC_Ok 1808a DOC 4 13-110 Haag Menmrial Hospital Presbytenian Planned Community Development Criteria and Llistr1cr Regtrlatwns IV. DEVELOPiVIENT 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 Louver 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. i 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 allowabie building area for the Upper Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is 577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Proiect Specific Approvals Hnag 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. 112) and a Supplemental EIR for the Master Plan Update (SCH41991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing l FtNAL_ttaag PC 041808a.DOC 13-111 Hoag Alematia! Hospual Pres6yYeriax Planned Community Dewtopnrat Criteria and Dis&wI Regrdations 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 My 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. '�-�' RNA4 Hoag`PC 44I808a.DOC 6 13-112 wro,a a %,j%mrva WspfTAL ROAD �•�'• � ... _INDAG DRryE . IiDRIH P�4SC10 E�1DI46 DDOl AWM�Sulldfep� � i EUKDBI6 `f } SSDMU'S H,14'I W Ori �,....,'.} u i .Z ORM HM ly5i DU1 DW. l htR1pLmOM8LDOl f 71R18.UEUHE ERLL, '• � . ac�wr+pp ,_`~ 73E 4 LAME 1� 270E {�1H£a ]i1flRC119'[1d1E SWi"ND" 04A 7SDRFAMPgtelll f -•�g ... ... - j' i] - PROnRRRHE •'`r. - I a G ,/ �l CLflEA ... ••�.. ... .., r.j / LOWER CAMPUS ~'_.-.`' 1 _.. 0#0ADpq�S eek, `,�° a� "r NORTH `/`; PAFNNa HWiP .i-. lOa O 100 zap Note: Buildings labetedfor identiflcation purposes onl —r —i PLANNED COMMUNITY SITE AND BOUNDARY MAP SCALE: 1"-200` HOAG MEMORIAL HOSPITAL PRESBYTERIAN REVISED 01.22.08 7 13-113 �j • LEGEND "—•.._.._��..,,;.. H05PUAL ROAD PRIMARY ACCESS (b GPlALI71) _J SECONDARY ACCESS "; i:rti •� J PRIMARY ROADWAYS tii• N1,t` J LOMI NO ISOC1(lU.-4er 8ufevgy- - - AlkMllllflf BLVJM O ; 1 SECONDARY DRIVEWAY AND SERVICE � i �' 4i4wrsrA4>at�wy '� ' MAIN LQMPYG DOM 00 scawoNEY�1 •� � } / i l Ofl�i141i 1412 WLDI� .., � r - . i.. ! fl•_� IAkE "moi 2CAMUK 20cwwrjwf0{k7H Ow ` k. f _•� ccos j m"eNu/ ' 's �.` 511slIICEpARp116 f '•;+ 51; mum , ... � �'•r a� :., .t '. -�'' .'/� tf P 4JUfiG PAft cum 1 NOW, 8ulldlrlplabeled for ldentificationpurpomonly VEHICULAR ACCESS Z1, _11-yg _ wwu ^� • /�yq � � qiR NORTH !_ 100 0 100 zoo SCALE:1^m200' REVISED 01.22.08 0 13-114 Haag Memonal Hospital Presbyterian Plann ed Community Development Criteria and Diutnee Regulations TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMTU5 BUILDFNG AREAS - MAximum ALLOWABLE: 1,343,238 SQUARE -FEET Maximum Allowable Net Allowable F765,349 ea Building Area Existin Remainirn . ft. 765,349 sq. ft. 698,121 sq- ft. 67,228 sq_ fi_ 990,349 sq. fL U 862,815 sq. ft. 577,889 sq. t1. 188,149 sq. fir 389,740 sq. ft. 577,889 sq. ft. O .a 1,618,164 sq. ft_ 1,343,2.38 sq_ ft. 886,274 sq. ft. 456,968 sq- ft. 1,343,238 sq. ft O ' As of the date ofadoption. z Up to 225,000 square -feet can be u nsferred from the Lower to the Upper Campus n Demolition of some existing sm-ictures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet RNAL Hoag PC 6418D8a.DOC 9 T 13-115 HoaR ,Vemarial Hospital Presbyterian Planned Caffmwmity Development Critaria 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 Ether hospital -related uses which 6t 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 I. Lower Campus a_ Hospital facilities, including, but not limited to: (1) Outpatient services: (a) Antepartum Testing (b) Cancer Center (c) Skilled Nursing (d) Rehabilitation (e) Surgery Center (f) Clinical Center (g) Day Hospital (h) Back and Neck Center (i) Biofeedback 0) Breast Imaging Center (k) Dialysis (1) EEG/EMG/NICE Laboratory (rn) First Aid Center (n) Fertility Services (o) G.I. Laboratory (p) Magnetic Resonance Imaging (q) Neurology (r) Nuclew 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 FRJAL Roag_PC_04180eeDGC 10 13-116 1 Hoag H—orial Hospital Presbyterian PlawnM COmmunhy Development Criteria and Disirid Regakftmrs i (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk t (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 t (k) Medical Library (l) 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 (1) Congregate Care (5) MedicaUSupport Offices ' Parking structures or decks do not count toward square -footage FINAL_HongjI _041808a.DOC 1 I Hoag Memorial lfospitwl Pra6yferiair Planned Community D2e nwnt Criteria and DWrid ReVdafions b_ Methane gas flare burner, collection wells and associated system components. C. Accessory uses normally incidental to hospital development. I I= d. Temporary structures and uses, including modular buildings. 2. Upper Campus a. Hospital facilities, including, but not limited to: 1 (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 6) Pha. ,,,acy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit)5 b. Accessory uses normally incidental to hospital development_ c. Temporary structures and uses, including modular buildings_ f s Does not count toward square -footage ! FINAL_Hoag_PC_N I908at)OC 12 Hoag Menmrial Hospital Pmvbyterlun Planned Community Development Criteria and &vincl Rrgulafioms 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 i a_ Conversion of mechanical or structural spaces to uses that allow general or I 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. I upper Campus Mid -rise Zone - maximum building height not to exceed one - hundred forty (140) feet above mean sea level. 3. Lipper 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 Ffty-seven and one-half (57.5) feet above mean sea level. FINAL_Hoag_PC G4I80 a.DOC 13 L.L11III " M,Pmt CAMPUS ZONES 10WER ZONE- MA7UMUM StH DING HEGGHT 235' ABM MEAN SEA LM MIDI ZONE- NIUMUM BMLDING Ml 14D' AW%fE MEAN SEA LEVEL PAIIY'IW ZONE_ Ir1WMUM E ULDING HEIGHT $a' ABOVE MEAN SEA LSn, EXCLl1$rYE OF ELEVATOR TWAU LOWER CAMPus z0 NES LOWER CAMPUS ZONE. sUa- AREASA,B, C, F, AND G• NO BUILDING MAIL EXCEED THE HEIGKT OF THE W$TINO SLOPE DN THE ® xxr s� ngPu RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED SUB . AREAS D AND E- MAMMUAT BUNJ3GN0 HEjOjff ED TWICAL ALW Ofull 57.3FEETABOVEMWSFA LEVEL H904. All PHOPOOpp MWU PIP1Gl R�MOL Oi YR1i!ari _ Et110iHd HE]<QIS11EX1 ora Ma fMSll 40cacrw..,awyur, nE"UDKI mo �m••A•sa s»a.a[tt+eoar.l {F �..�} Lco-ndac oww.n thx.ro� _ 2MU UK 47 r- a-::�, HO } •1 rrs�r PRAT. flUA0 . . Yf ti,. _. RrnWva. _� mm r t0hD1x00oCIcNnGra,�1llnp 'M5fy1WYN fi#IlYp_._ �•'�.Y � `� •\ ``� �• •'�� y�br�A4V I Na,9 rhsW.,+aaauq Uo� � ��.; ,�•'s {��i ._, .. . . /f! 2+1 iF..rwn �>hr... e..0 7�OOIWtMt7 ti•''y` MMX LOAMIG OOCII (.1 ,\, t70CA01lY IAME m2 LAOU WIE P ,..tea...., J �•��.._-_.�.� � —r #"rfSUFFlFEPMJWB t ,. ►ROF[AfY111E ✓!l- 4 �. - '. fy rye' F- f.: 061Ff1i �, P4iTl Nate: BuRftgs IBWad tar€dentJticatlan purposes only DEVELOPMENT CRITERIA PLAN HOAG MEMQRIAL HOSPITAt PRFCC AN -�`.• s - T �"�./"•. ,j CON1411E1KS ~ ri Y. - Y MUT " ria it u.�x.. y,aai,y aee.a m m" stow FowF rarapn S."r.m cnaa a NORTH I0a 0 IGO 200 SCALE:1"=200' U8.20.07 REVISED 01.22.08 14 13-120 Hoa ,%fenmrial Hospital Fra6yterian Planned Cummurri Development Criteria and District Regulations D_ Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, ail of which will have a 20 -foot minimum building setback. 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 Ist 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 y buildings wester! of the signal for buildings within one -hundred fifty (150) feet of the West Coast Highway frontage, as follows: j Ist Floor: Up to eighteen (18) feet in height no additional aniculation is required. If the Ist floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. CFINA _Hoag PC_041808e.nOC 15 13-121 Hoag Memorud Haspdai Prmbyterime Planned Community Development Criteria amd DLurier Reguiaians 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. Where 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- frve (25) foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. LiighUng 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. FTNA1._Haag.PCr04 E B08a.00C 16 13-122 M Memories! HesPitd Presbyterlmr Planned Com nwmrty Development Criteria and District Regulatiam G. Sirens All signs shall be as specified under the Hoag Hospital Sign Program, Part V[. H. Parkintt All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. 11 Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. J. Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K.. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus_ Deliveries to loading areas shall not occur after 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times_ Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wall along West Floag 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. F[NAL_Hoa&_PC 041808..DOC 17 13-123 i i I I i . Hoag Ue7mria! HopitaPrby teran Plagued Cumpuarttty Developmrni Criteria and District Regulations I M. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach i 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 rtyline 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 fisted 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 n Saturday between the hours of 11.00 AIM and 3:00 PM_ FINAL_Hoag_PC_04 19099 -DOC 18 13-124 M I - - LEGEND - Existing Fence }r — Property L1ne _ = Easement Lure 1 18.5' High Wali. •` 23' High Wall :'r .�• N - �. ....� Ir-Mgh Wall ................ 14' High ail HOTE SOMM211 Is ai]PMXx mately 370 Linear Feet k Sound Wall nelglttrnaasured from adjacent roadway surface. Ilk r' VG + ,.5 . Co— NAY i/ L% _.. �... _ Ke ►iiZ nuns. $uotRa_:' _777=77777=7_7! -f , (7) SOUND WALL LOCATION PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN ,prlr3, 2008 0 4a � EXHIBIT 4 13-125 LEGEND PROPEWLINFAS I DOMFIED IN SEMION M.1., DISTRICT REGULATIONS ma1 � LWN'Q DOCK AREA AS 1OWTIRED IN SECDON MI., DISTRICT RE13ULATIONS - I UPPER CAMPUS 4� rn�Flit FIT r+�wurr,m � r ' At j LOWER C P NOM ...... "XXM JOB 200 Nota: BUIldIRS& labLqM tot IdWIfeatlan purposes only LOADING DOCK AREA SCAM: V-200' HOAG uwl 115 02.28.05 20 13-126 Hoag Memorial Hospital Presbyte►ran Planned Commumfy Development Criteria and District Regulahom Vl. HOAG HOSPITAL SIGN PROGRAM A. PuLpose and Intent The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wall and ground -mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Si Standards All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on -building, may be illuminated or non -illuminated, depending upon need. Illumination method may be by external or internal source_ No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4_ All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 1 10-L. 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 raid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (240) 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 C) f3NAl. ha ag_PC_041808a, DDC 21 13-127 Hoang Memoriaf HospiWl ,Pm Brian Planned Community Developmeni Criteria and Districr 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 identi Ficadon 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. 1n 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 (4) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid- point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed fifty (50) square feet whether freestanding or wall -mounted. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum height of eleven (1 1) feet average height above finished grade. 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy-five (175) square feet for donor recognition signage. 6. Hospital identification signs shall be allowed upon hospital towers, one (1) at each elevation. The maximum sign area shall not exceed two hundred seventy- five (275) square feet. Any hospital identification signage on the elevation facing west (VifJa 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. ti 11NAL-Hoag PC -041806a Doc 22 13-128 1 oa Memorial ffospifal Presbyterian Planned Community Development Cnferia and Dis&ict R Klafions 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 Parkin 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 Category 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. f�l I -= rINAt._14oa&_PC_0416OSa.00C 23 13-129 flaag Wentonal Lrtial Presbyterian Planned Cor rnnrnity Dewiopmwnt Crilena and District Reguladons VII]. HOAG HOSPFFA-L LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures if proposed for the Lower Campus. Trees shall not be used, however planter boxes, green roof treatments or trellis systems Shull 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. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and outer 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. S. Installation and maintenance of landscape, screening and irrigation systems per Exhibit 46, 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 98. Hoag shall complete all of the improvements within the timelines set forth in Exhibit 46. FINAL_HMg_PC_041 sosa.00c 24 13-130 Hoag Afemolhal Hospital Pretbyteria n Planned Cbmmxnity Development Cniena and District RegWadons B. Maintenance L 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. Qn- going monitoring, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders_ G. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days_ 7. Plantings and irrigation are to be maintained in accordance with the approved plans. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for panting or circulation shall be landscaped in a similar manner. Instal led trees are to he 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 Iandscaping 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 alter consultation with the Villa $alboa Community Association. The plan \.._.:� rrNAt._1t0ag_PC_041808a.00C 25 13-131 ffoag Afemorial Hos ihd Presbytm—.Planned Camwun4 Developiwnf Criteria awd Drsfritf Regala4om shall also include sufficient additional landscaping to screen or soften the soundwall required pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parkim! 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 Dees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, berrning 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 Cower Campus and shall be subject to the review and the approval of the Newport Beach Planning Department. "3-' FINAL Hoa&_PC_04I808-DDC 26 13-132 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dutricl Regulations I I IX. SITE PLAN REVIEW I s A. Purpose T,,_ Council finds that develop►,3, at 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 i Plan Review requirement for certain individual projects - to insure that these projects conform i 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: i Planning Commission review: 1. Any project that differs from setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. Planning Director's review: I. Any project that could have the potential to generate emissions that could have an i impact to visual resources. 2. Any project that could have the potential to generate emissions creating objectionable odors or other impacts to air quality. 3. Replacement of existing cooling towers, exeep; for efaek�- $_ 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 1X.A above, prior to the issuance of a grayling 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: .� FINAL Hoag-PC_0418QSn.T)OC 27 i S 13-133 iloag M—rial Hospital Presbyterian Planned Community pefel Criteria and District Regulations A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street panting 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. 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 `y project as viewed from surrounding roadways and properties, with special " i'INAL._Hoag_PC 04ISULDOC 28 13-134 Hoa Me—r-1 Hespaal Presbyterian Planned Community Development Criteria and DuM& ft latwm consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas.. pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. Potential impacts shall be mitigated to less than significant levels. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Director If all applicable standards established by this Section are met, the Planning Director shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Director shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Director shall be subject to review by the Planning Commission either by appeal, or upon its own motion, or upon the request of the Planning Director_ The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one (21) days following the Director's action thereon unless, within the twenty-one (21) day appeal 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. xlxnt._xoa&_rC_oa 1808a DOC 29 13-135 Hoag Memorial Hospiml Presbyterian Planned Communio Development Criteria and Distriet 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 an 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 tiled 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 Counci I shall be final. Appeal to the ity 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. Is_ Expiration and Revocation of Site Plait Review Approvals 1. Expiration_ Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time_ 2. Violation of Terms. Any Site flan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with_ 3. Hearin . 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. tk FINAL-Hoar_pC_04l808aDpC 30 13-136 Exhibit #6 31 t .rayae. 13-137 Loca tion Area i prscriptlon GovemmenvAgenry' Ardiclpatad LandscapeElementSchedule r ' � m•ewea Status ! Qutcame ! i~flact In<..1-Ca Idip}vlhuFG'RR d 4ba eMvmraeertree ane /t9ebn �MwE6l brrObe ;Rvr:vc�vrs.t tWntpaf kaw abrq bpd � - G.. xa]tlnYp rtal t. I` RlL7a0a MO ilS IertwOa, pMrt?m.tizonp sH rvnL 4tl�•vpai9eQ rn rner!'vnACM.dY.onarrnt a,�a UG_e�talrp,rrae e ..an ana aravrt .ana ewl,2mm� c+ccP _.na Lr �+M _""r as otanaam.ar Pmeq � are�rrc ,.Y nraan mrtral c`:'''�arn:�iY= I Ad TOCaTAa MaY 71➢! r 4. AOWpxW e� ahsta ,r a._. aad an yte.wnm.M arrl ,y. I� mm +ec!kc ! Inel.avwroww.P+ery aea.eaaa am tam�,a �_� %�.��"y !1'lydm anaan y, hmc eaalraav,+acv. bean ane IrnPvm Iraaleprylartpl hry LaQaar Damm Al4Mav LM t Amaa,ueanbq e,G ran i I Ar_i-Co Wn--.-: par a'�vd1't�� IAf! � Flip I i _ Nadrnahlyraan aQpt>ttpara aattrtveY ;Taw.+itro Hry 2m.i '_fYtl[RRattp aa..mr. ` YtY1nIaE.i �lh �G—. ee,tn. A— ZQ wc.e atY.yvt ,� �� brmaeFaltlrtgm .rata dm N►•malneaeegetugqra �saa-SA dr+e.Pn mrn an U lq}pne yXn t»^m '-.Rar a.Fm GR16ncu Y al ¢OM."1. ![0 I,(t.ay,Ra YlaevYn Qe �.ba M�4RA rM M aarMhtl ru aaE knpamaa_mlr ^.. .' 6erean Sarna or..ev a.v+:y O Y.e tr.ntl.0 yMuq PGS aprCc �yara Ganrn. MMratw,a,y qn. oeear pyn,era hard aarp.rron fury IcY_Yt ca... anawee ala. aaCAe mna a( Ca 6.n Bdeaq E � Iaa1 I i U -. IAafra_lah+ti Paraaaaa art,ca _.. rasY-Ca uYr u.urwYrr,aynee �trrtpaeon ..at+e..a e�•.Vn ay+rnarW wnawnV.aY,Te,+.rt ,v mw taoan YtRae aOywYa AaLtl.m'rwram i � ..1�eatp, >AaVrTa:wv PtrnLTy �PYrppesr�Yrq �y IA'°lea Yw�a,r.rvu rrea artmpW im. N07 vaYYtl Iprv)ad amdaaa nr�•w.rmewrolrnpmm rybm Idtd ontaa wYr qugr nMp YtR s-caa`n yremanm.M dtnYep I er.m mrnd i �wp.ld Nrr VrPY Wm aNaa ww.tv{ae- aru gra gx�YYrot.,t a..n..... 1yeTfe.dd Vnlnee smen antlxpn.ta.rN 4y 1M0i rerardrq vai 'I j'•r,plkQtl y[otLwr Ovpe YatPmpC . �Q, 9e gyreybN aMY braaat I 26WiPn �aAYMR4l{e I =mnaw NaPn Pmnq Ti -P, ; Exhibit #6 31 t .rayae. 13-137 Aenv 1 Yhi: Inn., 7l, jC IU.O,.�I lm ar ] r.n e,ro..a ne r.y ara oro "•� fapg �Ilrae�r.nara WNvva. roYY, te„,Y.,u,..a det_n paaaq bt eosnYRtcarrwra.M M.Y. w ec>.a.e aan..,e nYtsl.+ya,..t+lurt RRmaan mxrct 1aMavma.eoPr.�a � m•ewea YY+. ✓i^?aPp 'Fk.wt^q LorPt6wa_'19.twtyabaArq aN�mn41m _PRN CataRf tOpa de6nCYnaM InYwcs wsyvrVrs :Nwr^JbTt �e liakrx mtdaea tWntpaf kaw abrq bpd � - xa]tlnYp rtal t. I` RlL7a0a MO ilS IertwOa, pMrt?m.tizonp sH rvnL 4tl�•vpai9eQ rn rner!'vnACM.dY.onarrnt mraamrw aer &fmgtndew�te�rpq e ..an ana aravrt .ana ewl,2mm� c+ccP _.na Lr �+M _""r as otanaam.ar Pmeq � are�rrc ,.Y nraan mrtral c`:'''�arn:�iY= I r 4. AOWpxW e� ahsta ,r a._. aad an yte.wnm.M arrl ,y. I� mm +ec!kc ! Inel.avwroww.P+ery aea.eaaa am tam�,a �_� %�.��"y !1'lydm anaan Pm}q rnrcre+d � �R�6rmRiAt adrY a'f. e+.+�r.ld rr�.r+waynvacaar..v n.M bgan�rmaramnaolsw.Qs rratrarc dlr•mmm, roles+ Irr¢ao..aedry _rna+a ne.ance i>bdW araa� I�9 'M'd Cdal�G�wnnppwal � �rks.ratraN i I o s I 4 ^g- brmaeFaltlrtgm .rata dm N►•malneaeegetugqra dr+e.Pn mrn an U lq}pne yXn t»^m '-.Rar a.Fm GR16ncu Y al ¢OM."1. ![0 I,(t.ay,Ra YlaevYn Qe �.ba M�4RA rM M aarMhtl ru aaE knpamaa_mlr ^.. .' 6erean Sarna or..ev a.v+:y O Y.e tr.ntl.0 yMuq PGS aprCc �yara Ganrn. tR van oRt realremen d.ra tepwarerto � Iaa1 d aareYYl � WCDForaevTas X i j C.s.p[Car.n. ty....... iAe. ..... Tw'P.rr'l retia aeR ta�fwtl lRYrtrwtpa NAS+ aQ..wr -.. nlT�+e'.� =J aenyalvw.s•�VMur'Y lolvC. 14tnrmnhrra ;-ryany. f IlYwoam lttranee aq lr!Tt:bn eor'tp'Nd _haadaW ..1�eatp, >AaVrTa:wv PtrnLTy �PYrppesr�Yrq �y Qee SOT � P�QfdtTra MtYOe1A PMV aaa Exhibit #6 31 t .rayae. 13-137 45E % All P4 PC "=7 ljk !�7TM A." N tic Z M A . . . . . . . . . . HOAG LOWER CAMPUS IMPROVENI ENT PLAN Exhibit #7 32 13-138 r PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAFI) Hoag Memorial HoSplal praqtnIeHa F, ExhiWf #S 2,3 13-139 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT REACH } 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 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: Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich Noes: None Absent: Webb Abstain: None IN WITNESS WBEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of May 2008_ (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICAITON STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH ) I, LAVONNE M_ HAt KLESS, 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 13-140 EXHIBIT E SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 E1 13-141 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. S BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (Pursuant to Ca/iibrom Government Code Sections 65564-65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved February _, 2019 Ordinance No. 2019- 13-142 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 13-143 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 13-144 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 13-145 SIGNATURE PAGE TO SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Diane B. Dixon, Mayor ATTEST: Lo LeiIani I. Brown, City Clerk APPROVED AS TO FO By: Aaron C. Harp, City Attorney 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 Guarni Title: Senior Vice President and Chief Financial Officer (All Signatures to Be Notarized) 4 13-146 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 —Iss. On , 20 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 , 20 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) 13-147 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 , 20 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 , 20 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 signattires(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) 13-148 EXHIBIT A DEVELOPMENT AGREEMENT DATED FEBRUARY 14 1994 -A1- 13-149 R RMMPER QVERWWME 6103 Recording Requested By and When Recorded Return to: City Clerk/� -?. %n - City of Newp rt Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 • DOC # 94-4247276 23—MAR-1994 03:59 PM Recorded in Officiai Retards of Dram catmty, California Lee A. Brad, County Recarder Page I of 61 Fees: t 0.00 Tax: t 0.0 DEVELOPMENT A(MENEW BETWEEN TSS CITY OF NEWPORT BEACH ASD HOA(; MEMORIAL HOSPITAL PRESBYTERIAN Approved February 14, 1994 Ordinance No. 94-8 RECF VED "Xt IM 13-150 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: 0* 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 Amk 13-151 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 "Amemant" refers to this "Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian". Aak 13-152 2 2.3 "Annual Re iew" 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 "MA" and the "CEQA 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 "Cit 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 AML 13-153 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 $egulations" means those General Regulations 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 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 farms 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 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other 4 Aft 13-154 • 0 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 "Partie§" 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 "Project" refers to the proposed development of the Property pursuant to the Master Plan and this Agreement. 2.24 "Prosect ,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, saps and permits. Project Specific Approvals does not include Existing or Future General Regulations. 2.30 The "Pro ertv" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." CONDITIONS TO DBVSLOPMBNT. 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; 1.1 13-155 9 (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. 7.2 fob' pliange with Master Plan Conditions/Miticat#on 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); 6 Amk 13-156 (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, 4ou rsuant 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 Nitimation MonitQripq 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. F— 13-157 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 Genexal JM=lations. 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 D 4.1 Riaht &o 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 0 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. Amh 13-158 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 an the Property and shall be entitled to apply for, and receive approval of, in a timely manner, permits or approvals at any time. 5. AMAL RBVIEIf. • 5.1 Citv and H049 --Responsibilities. At least every twelve (12) months during the Term, the City shall review Hoag'a 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 Hoag. 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 Situation Raview. 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 Amk 13-159 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. aE PAL PROVISION8. 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 Apvlicability 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 AMk 13-160 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") 0 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. I. , 6.4 Assignment. Hoag has the absolute 2.5) its rights and/or delegate Agreement as part of an assignment Property. Any assignment shall be this Agreement. As long as Hoag own Hoag may assign the benefits delegating the obligations for t assigned. If that occurs, however, remain subject to the performance obligations. right to assign (see Section its obligations under this of all or a portion of the subject to the provisions of s any part of the Property, of this Agreement without he portion of the Property the benefits assigned shall I y Hoag of the corresponding 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 Asureement. (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 11 13-161 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 gnforcement,. This Agreement is enforceable by each of the Parties and their respective successors and assigns. • 6.7 Terminatign. 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. 7. CONFLICTS OF LA* - 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 12 AM 13-162 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 (253) of the maximum permitted development. 8. PUBLIC BENEFITS/BYACTIONB. 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 13 Aak 13-163 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: 0(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 treasures 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 Naster Plan, or the MR, 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; 14 Aak 13-164 9. DEFAULT, RZXZDISB 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 is Amk 13-165 (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. • (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 (lot) or more from that authorized in the Master Plan. 9. DEFAULT, RZXZDISB 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 is Amk 13-165 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. S9.2 QPtion to Institute Lecal 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 Party's right to give future Notice of the same or any other Default. 9.5 Default by Hoaa. 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 16 13-166 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. �.0 ENCUMBRANCES ANA RELEABE$ oN PROPERTY. 10.1 Discretion to E cumber. 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. 11.0 NiBCELLANEOUs PROVISIO s. • 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: 17 13-167 To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: City manager To Hoag: Hoag Memorial Hospital Presbyterian 40 301 Newport Boulevard Newport Beach, CA 92663 Attention: President With a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Barman, ath 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 Delay -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 la 13-168 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 a 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 Construction 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 0 13-169 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 Hffect 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 or Lggal 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 F_ 13-170 Date: 'Z"° -9y , 1994 Date: March 9 , 1994 • wb�hugdaf. M1 1/21/94 0 AM �,lC,ITY OF NE-/W�PO�RT BEACH By.J'L i/2c 11 ,vU Clarence 62kirner, Mayor HOAG MEMORIAL SYTRIIIN By: B Albert J. A e chairman of Ile Board 21 Exhibit A 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. 13-172 Y411r7/ �py� 1[lt /•M �.I L/Mt AWXM /pR• /tOOL i MNN giiili �IOMIN N aider rn x a P rr Aprj A" ao 0=40PAW OMM of OR, 13-173 • Exhibit C HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNTTY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS . Recommended for Approval by the Planning Commission Febraary 20, 1992 Adopted by the City Council City of Newport Beach Ordinance No. 92-3 May 26, 1992 13-174 • • Alk TABLE OF CONTENTS Page Number L Introduction 1 EL General Notes 2 III. Definitions 4 IV. Development Plan 6 V. District Regulations 11 VL Sign Program 20 VII. Parlang Program 22 VIII. Landscape Regulations 24 Ix Site Plan Review 27 W u, IM i 13-175 EMBITS pap • 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 241992 Aft H 13-176 1. INTRODUMON Ba and 0 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. 0 The Planned Community District includes district regulations and a development plan for both the upper and Iower 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 PIanned Community boundaries shall comply with all provisions of the Uniform Budding Code and other governing building nodes. MAy 26, 1992 13-177 II. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 0 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-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. S. 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. IM 13-178 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 Commnuity 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 wrist. 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. • Nay 26, 1942 Aak 3 13-179 III. DEFINITIONS Building Elevation: 1. a vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). . 2. a flat scale drawing of the front, rear, or side of a building. Build Envelope: the vohune in which a building may be built as circumscribed by setback lines and maximum allowable building heights. BuildiU Height: the vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall rim with the slope of the land. Emergencc^goo . 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 Beacb 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. Watient Uses: hospital patient services which require overnight stay. DmdaoRR Area: the landscape area shall include on-site walks, plazas, water, rooftop May ss, 1"2 4 13-180 U landscaping.and all other areas not devoted to building footprints or vehicular parting 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. Oulpedent Uses: hospital patient services which do not require overnight stay. Residential .are: 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 dedicafions. 2 Net - parcel area after dedications. 5Deciai_ 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, I&Y A LM 5 IV. DEVELOPMENT PLAN rrolecr taa_atacnstics 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 20AI 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. Develotlment 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. may A IM 6 AMk 13-182 I.ECiE1iD ' cmAREA OP DEVELOPMENT �r -TIN : �'fi'ug�f ol PLANNED COMMUNITY ay zL DEVELOPMENT -14 HOAG MEMORIAL HOSPITAL PRESBYTERIAN mv241m �m 13-183 The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide flexibility 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 rap 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 Plan 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. is as y A im Ask 3-184 r LEGEND PRIMARY ACCESS ISIQNAUZED) ImSECONDARYACCESS ® SERVICE ACCESS PUSUCCIRCULATION QSTAFF / SERVICE CIRCULATION m4y 2c IW2 • VEHICULAR ACCESS -,yOAG MEMORIAL HOSPITAL PRESBYTERIAN EXNISIT 13-185 May 26, 1942 10 13-186 Table 1 STATISTTCAL ANALYSIS' 15quare Feet Lower Campus Ei istiug; Outpatient Services (Hoag Cancer Center) 65,000 Child Care 7,500 Subtotal: 72,800 Phase I: Outpatient Services 115,000 Support Service 55,000 Administrative 30,000 Subtotal: 200,000 Phases U & III: Subtotal: 305,059 Total Lower CamRus 577,589 Upper Campus F.zasting 480,000 Phase I: Outpatient Services 25,000 Inpatient 115,000 . Subtotal: 140,000 Phases II & Ill: 145,349 Total Upper Campus 765,349 GRAND TOTAL 1,343,2353 l Puri development of the upper and louver campuses is ip6Cjpattd to occur over an approximate 20 -year period and will IikEiy occur in once, seuea~pear phases. 2 Up to 50% of the truing upper campus may be redeveloped by master plan buildout. 3 Based on dcvetopmem: allowed under the Central Plan at a floor area resin to poo site atn of.65 for the lower campus and UI for the upper campus. Building Bulk limit for the tower campus is 0.90 for all strntturea which includes above grade mvered parking. May 26, 1942 10 13-186 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. EmmftMLLIM I. Lower Campus a) Hospital facilities, including, but not limited to: L 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 Di • Dialysis • EEG/EMG/N10E Laboratory • Fust Aid Center • Fertility Services • G.I. Laboratory • Laboratory • Magnetic Resonance Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services May 26, 1992 Amk 11 13-187 13-188 • Radiation Therapy • Radiology • Respiratory Therapy • Sleep Disorder Center • Speech Therapy • Ultrasound ii. Administration • 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/Chaplainry 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. Im 12 13-188 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. z Upper Campus a) Hospital facilities, including, but not limited to: i) Inpatient uses: • Critical Care • Emergency Care Unit • 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 vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buildings. May 26, IM 13 13-189 B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport C. Maximum Builinv Neiaht 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 budding 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 leveI). D. Setbacks ID 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. b) Lower campus northern boundary, all of which will have a 20, minimum building setback. May 26, 1992 AMI 14 13-190 Lmm Qn" o"m UJAWM FV - DEVELOPMENT CRITERIA HOA i-MEMORIAL.HQSPITALPRESBYTERIAR----.. 'wo --VAR 13-191 Meg X IM iMkk 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 19 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimnn, 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 heigbt 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. 211d 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 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. 16 13-192 10%n 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. j Tbese requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. I 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. ISS The lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimi yr light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Tres many 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. Sam All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parldn All parting shall be as specified in Part VII, Hoag Hospital Parldng Regulations. May X im 17 13-193 All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part vim . Prior to issuance of a budding 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. 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.J sigaage 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 sigmficani, 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. M" 26.1992 18 13-194 • 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 26,1992 19 13-195 VI. HOAG HOSPITAL SIGN PROGRAM A. E pose and Int" 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 Sip Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -building, may be illuminated or non -illuminated, depending upon need. Mumination 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. AD 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 2419M r 20 13-196 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 • 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 maxmmms described above. 3. Vehicular and pedestrian directional signs shall be allowed. This sip 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 (thiclmess) 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. • May 2c,1992 21 E 13-197 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 minimis 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 Ietter 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. ReMir—ements for Ofistreet Parking Parking requirements for specific sites shall be based upon the parking criteria establisbcd 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, ivn AMk Kw 13-198 • • Table 2 PARKING REQUIlIENEWS Outpatient Services 20 spaces/1,000 square feet* Support 1.0 spaces/1,000 square feet' Administrative 4.0 spaces/1,000 square feet* Residential Care 1.0 spaces/1,000 square feet' Medical Offices 4.0 spaces/1,000 square feet* Inpatient 125 spaces/1,000 square feet' ' Parking requirements are based on a study performed by DKS Associates in May, 1987. Mar 26, IM Parking requirement is based on current Hoag Hospital parking demand 23 '3-199 VIII. HOAG HOSPI'T'AL 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 Planning and Parks, Beaches and Recreation Departments and approved by the Public Work Departments prior to issuance of a budding permit and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roots and the parking structures. Trees shall not be used, but a planter boa or trellis system shall be designed to provide visual relief of parking 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. 3. 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. ti. 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" w, IM 24 3-200 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. 5. 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. Spe W Lanndcraped 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 m 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 he no less than twenty-four (24) inch box. D. YflIa Balboa LandsgW 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 hardseape elements in said area. The purpose of the landscaping wt11 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 2a,199,2 25 3-201 • • 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. 26 13-202 EL SITE PLAN REVIEW. I11 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 PIanning 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 VD2. to insure that these projects conform with the objectives of the General Plan and the Master Plan for Hoag Hospital. B. ) mdines 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 VD2. D. Plans and Dia ms to ix 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 shalt indicate how utility and drainage are to be provided. May, 26, 1992 Aft 2% 13-203 I r . 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 pians when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, Iocation, materials, intensity and relationship to adjacent streets and properties, 5. Architectural drawings, renderings or sketches, drawn to scale, showing an 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. f= 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. SIMdards 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 Teat); 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 nLwdmize 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, IM 28 '13-204 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. J!ublic Hea*ingRgquired 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 roil 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. EI. Actio by the Plannine CQmmission 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. Ile 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 u, IM 29 3-205 Any Site Plan Review decision of the Commission may be appealed to the Cary 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 (the Oily 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. IC ftiration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 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 Tide 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 hearing, 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\-Am—,iaB\-mDcr\HOAGnosP Mq 26,1492 30 13-206 -00 X., Idpw A +.Mmw— No. ...... 40`kC.l, �Itla, _ I Dab A8*0ste& Dols of CSMNk o.- on to Chl► of Newport Beach approved the 'Del Agraetrtm the Cly d Newport Beach and MM MernorM Pree6yte W (Ute 'Devebprtent AWeemartt")... ihb Cer kNft r "l, that, as d the 'Deb of Cerffbale" set tbrtlt r • CH M M ME APPUCME 1. The Devebolxnent Agreement mmdu bh tQ and aMeWn; 2. the Development Agreement has not Deere armWed; 3. MW Development Agrsetnerlt has bat anteltch In tis tbbw • 4. Makher MM nor"of !te K=ssm err M Ivt h under the Dwelopme a ABreemerlh S. The tni mktp deftft eudst under the Devebp rwd Vsemerc Thil EMICRIMI Owftft MY he teed upon by sny treneteree or morlpegae hereat In the pinperty wtdch is eubjeot of the Deve4mwrrt Agrwma t. CITY OF NEWPORT REACH Sy: NAME TTiLE: ..1imm EMIBIT D NW 13-208 EXHIBIT B AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO 5 DATED JUNE 17.2008 we 13-209 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 This Document was electronically recorded by ER Cert Mail D Recorded in Official Records, Orange County ram Daly, Clerk -Recorder 119Ne®ENN000I NO FEE 2008000289321 12:35pm 06117/08 120 33 A17 66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 EXEMPT FROM FILING FEES CAi. GOVT CODE 6 6103 (Space above tLis line for Recorder's use) L.Ai � GT RECORDING REQUr5 i-`ci� G,C)VERi MEN C"ODE, 21383 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 I3, 2008 Ordinance No. 2008-10 ? FINAL 5/16/09 10001.34 NB -O: #59720 vi 13-210 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 PILING P!✓ �'S c',a T rnv'T ADE 6 610 (Space above this line for Recorder's use) EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 21383 AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. S BETWEEN HOAG MEMORIAL HOSPITAL PRESBYTERIAN i AND i i 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 13-211 AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Hoag Memorial Hospital Presbyterian) THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ("Amendment') is entered into and effective on the date it is recorded with the Orange County Recorder (the "Effective Date") by and between the City of Newport Beach (hereinafter "City") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag"). RECITALS 1. The "RECITALS" to the Restated Development Agreement are amended to add new Sections 1.9 through Section 1.19(f) to read as follows: 1.9 Hoag_ Property. Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit "B" (the "Property`�• 1.10 Hoag Healthcare Services. Hoag is a modern, state-of- the-art acute care, not-for-profit hospital providing a comprehensive mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institate, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical programs in many other specialties_ 1.11 Hoag Community Benefit Programs. In addition to providing state-of-the-art hospital, diagnostic imaging and emergency room care medical services, Hoag is involved in many other community benefit programs such as police and SWAT team, fire department and paramedic support services, designating the City as the point of sale for major hospital equipment purchases and construction projects, providing financial and transportation support for the City's senior Oasis Center, and providing methane gas flare bumoff to mitigate methane gas fumes along Pacific Coast Highway. Hoag's 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 -� 5/16Y98 1000134 H&O: #58720 A '3-212 1. 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 j maximum permissible building area, building height limits and permitted land uses. 1.I3 SouareFootageofBuildableArea. 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 i the Upper Campus. 1.14 Development Agreement No 5. On May 26, 1992, the City Council adopted Ordinance No. 92-4 approving Development Agreement No. 5 between the City and Hoag incorporating the Hoag Master Plan and P.C. Text and granting vested rights to Hoag to develop the Property pursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on August 4, 1993 as lnstrament No. 63-0522236. 1.15 Restated Develonment 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. 940207276. 1.16 First Amendment to P.C. Text. On August 13, 2002, the City Council adopted Ordinance No. 2002-17 approving the First Amendment to the P.C. Text to provide that certain non -occupied building areas are not counted towards the maximum permissible building floor areas for development of the Property. 1.17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's FINAL -- S116108 10001.34 H&O: #58720 v1 2 '3-293 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 Atueement 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 CommunityText ("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 areduction 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 2x00134 H&O: #58720 v1 13-214 (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: "1.5 Planning Commission/City Council Hearing_§. 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 Pian, this Agreement and the EIR on March 23,1992, March 30, 1992, April 13, 1992 and May 11, 1992.. The Planning Commission, after giving appropriate notice, he0a public hearing to consider this Amendment, the Supplemental EIR, the General Plan Amendment, and the Second Amendment to the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008 and March 20, 2008. The City Council conducted a public hearing on this Amendment, the Supplemental EIR, the General Plan Amendment and the Second Amendment to the P.C. Text on April 16,2008." 2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "1.8 City Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 94-8 approving a Restated Development Agreement No. 5 incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Adopting Ordinance became effective on March 16, 1994. On May 13, 2008, the City Council adopted Ordinance No. 2008-10 approving FINAL 5/16/08 16001.34 H&o: #5MO vi 4 '3-215 this Amendment and ,authorizing the City to enter into this Amendment. The adopting ordinance will become effective on June 12,2008." ,. 3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance is amended to read as follows: "2.1 The "Adopting Ordinance" refers to City Ordinance No, 94-8, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. "Adapting 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 CityofNewport 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 "EM:' refers to final Environmental Impact Report No. 142 of the City of Newport Beach, and Supplemental Environmental Impact Report No. 142." 6. Section 2.23 of the Restated Development Agreement entitled Master Plan is amended to read as follows: "2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C"), as amended." 7. Section 3 of the Restated Development Agreement entitled Conditions to Development is amended to add a new paragraph after Subsection (f) to read as follows: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." FINAL l 5/16/08 1000134 H&A: #58720 vt 13-216 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 ofthe 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 Deveion. 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." FINAL 5/16/08 10001.34 H&O: #56720 vI 6 '3-217 r i i 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 ETR. 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 of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trials and the potential for those trails to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost ofthe improvements. As apart of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that maybe permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." FINAL 5/16/08 1000 t .34 H&0:458720 vi '3-218 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. j The first $1.5 million of the Development Agreement Fee shall be used to reimburse the City and/or pay for the costs associated with the following projects: (i) construction of the Superior Avenue medians extending from Ticonderoga Street to Dana Road; (ii) construction of the right -turn pocket for southbound Newport Boulevard to westbound Hospital Road; and (iii) funding of the operational improvements and traffic signal upgrade at the Hospital Road and Placentia intersection ("Priority Public Improvements"). Construction of the first two Priority Public Improvements listed above occurred during 2007, and the third is anticipated to occur in 2008. The City shall be obligated to pay the actual cost difference, if any, for construction of these Priority Public Improvements. However, if there are any funds remaining after construction of the Priority Public Improvements is completed, the City may retain the funds to be used for other City projects or services that benefit the public. The City shall also have the sole authority to decide the design, cost and scope of the Priority Public Improvements and the sufficiency of City's performance on the Public hnprovement 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 FINAL 5/16108 10001.34 FMO: #58720 vl '3-219 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: FINAL 5116109 10001.34 x&o: #59720 vl "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 ftlingthe 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. 91 i i 13-220 Hoag, if readily available, shall provide to the City or any City designated representative the names, addresses, phone numbers and contact name of the general contractor and all subcontractors. (b) Hoag will continue to follow the Direct Payment Permit Process established in the Revenue and Taxation Code and use the permit for all qualifying individual purchases in excess of$100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale. (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hoag and shipped to Hoag's Newport Beach location may also be eligible for direct allocation of sales/use tax to the City. Upon request of the City, Hoag will provide City on a semi-annual basis with a list of purchases exceeding the $100,000 threshold during the preceding six-month period, including the amount of the purchase and, if readily available, the name and contact information for the vendor upon request by the i City. The City agrees to review the semi-annual list of purchases wade 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 ofthe local share ofsales/use tax payments in future periods." 15. A new section, Section 8.4, shall be added to the Restated Development Agreement entitled Sunset view Park Improvements, to read as follows: "8.4 Hoag shall reimburse the City up to $ 150,000 for the installation of groundcover, shrubs and irrigation systems within the unimproved portion of Sunset View Park and Superior Avenue, approximately 20,500 square feet in area, located northerly of the cogeneration building. Reimbursement to the City shall be within 30 days of Hoag receiving an invoice from the City." FINAL 5116108 1000134 H&O: #58720 v1 10 3-221 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) ofoperating three existing generators and absorption chillers at 100% of design capacity. This reduced capacity operation shall be implemented daily between November Ia and April 30", between - the hours of 7:00 AM and 7:00 PM when the relative humidity is equal to or above 60% and when ambient temperatures are equal to or less than 55 degrees Fahrenheit. 17. Section 11.1(c) of the Restated Development Agreement entitled ]Notices is hereby amended to delete: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8`h 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 FINAL 5116108 10001.34 H&O: #58720 A 11 3-222 with a copy to: Gary McKittenck Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614-7321" 18. A new Section 11.17 shall be added to the Restated Development Agreement as follows: "11.17 Indenmification/Hold Harmless_ To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment, including, but not limited to, the approval of the Planned Community Text and/or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Hoag shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition." FINAL 5/16M 10001.34 H&o: #58720 A 12 3-223 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 CONRdUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Conunission March 20, 2008 Adopted by the City Council City of Newport Beach Ordinance No.2008-10 May 13,2008-1 20. Except as provided for in this Amendment and not otherwise superseded by this Amendment, the provisions set forth in the Restated Development Agreement, all of the other terms, conditions, provisions and exhibits of the Restated Development Agreement continue to have full force and effect as provided therein and this Amendment shall constitute an integral part of the Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and are incorporated into this Amendment in full by this reference. 21. In the event there is any conflict between any provision of the Restated Development Agreement and this Amendment, the later approved and recorded document shall prevail in interpretation, operation and implementation. 22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the effective date of adoption of the Ordinance approving this Amendment. [Signature page fallaKs] FINAL. 5/16/08 1000134 H&O: #58720 A 13 3-224 F6 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 Or�tate RT B AdH, a municipal corporation oo ali rriia By: Edw a lch, wnryor LaVomze Harkless, City Clerk OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a Califomia onprofit public benefit co ti By:—� Richard F. Afab , M -D. President and CE (All Signatures to be Notarized) FINAL 5/16/08 10001.34 x&o: #58720 A 14 3-225 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �)� County of k'-L?tjy- Ont � oate P � �before me> L� C 1t�+ l Pwa bc, Here in Nerve andordie of the otfleer personally appeared D � (S&m Neme(s of 511 (a) who proved to me on the basis of satisfactory evidence to L AM t. MOWN be the person(* whose name(e) is/am subscribed to the � S*M # 1633477 within instrument and acknowledged to me that omngoee a wtW helsheMay executed the same in hlslt4m4heir authorized .a,.�.�MYC-r^n't EVkw ion 25.207 capacity(ies), and that by hislha*wir signature(s) on the instrument the person*, or the entity upon behalf of which the person(4) acted, executed the instrument. WKAM 1.6ftO1MN 1 certify under PENALTY OF PERJURY under the laws Canrrr, " rt 16W77 of the State of California that the foregoing � � - CaMf"Na true and correct. g 9 paragraph is 0 -nue Caslfy 16'MVC0FnrME Il Jon25.201 WITNESS my hand and offici l seal. �`- Plaw Notary Seal Above Signature Lft Sigrlat of ary Public OPTIONAL Though the information below is not required by taw, 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signet's Name: ❑ Individual G Corporate Officer—Titte(s): _ ❑ Partner — 0 Limited ❑ General Attorney In Fact 0 Trustee 0 Guardian or Conservator D Other: Signer Is Representing: nlc�:T � HurterRlr. ^_= SIGNER Signer's Name: Q Individual ❑ Corporate Officer — Title (s): 0 Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ®2007Natlonal Nokvy Assaclegm-0350oe Soto Ave.,P.C-Bnr2402-Chatsworth,CAPt31&2402•www..NarmaMaryorg Rem#6907 Reorder: CaI1To9-Fee 1-800S76MV 3-226 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of n g4'm a._e OnMATT zoos before me, !cLAao, es. njai-� � fuj�1- c , (Hare inset cane end title of the officer) personally appeared Q; c -t44 -d 4bk who proved to me on the basis of satisfactory evidence to be the peason(,4 whose namattre subscribed to the within instrument and acknowledged to me thatQYakeltlW* executed the same in /thbi;r authorized capacity(A}, and that by /their signatures on the mstrument the person(A* 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. CDamBWMW i1.�15:1Ni WITNESS my hand and official seal_ N II Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INNFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT rr�dNf ut 4t, 1 Agted (Title or description of attachad docwn tlr ) Aage""�i- j'ja. S (Title ar description of--- document continued) Number of Pages 33 Document (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (s) 9 Corporate Officer lode. V Ara CE6 (Title) ❑ Partner(s) ❑ Attcmey-in-Fact 17 Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800.873-9865 www.NotaryCkLsses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any achnowledgnim compkmi in Ca/ifomia must contain verbiage exactly as appears above in the notary section or a sepamre acknowledgment jorm must be property completed and attached to that docwnmr. The only esceppon a If a dacwmeat is to be recorded outside of Califomta. In such inswisces, any almmo ive ackmowtedgmeni verb- ge as may be prmmd on such a doctrmunt so tong as the verbiage does amt require the notary to do something dot is I ftal for a mowry w Catijamta 6 e_ certifying the authorized capacity of the signer), Please check the doc urnme mrefudy for proper notarial wording and attach ddvform ifregwred • State and Cotntty information must be the State and County where the doctmrent signers) persoaalty appeared before the notary public for aclarowledgmmtL • Daft of notari atioa must be the deco that the signer(s) pasonelly appeared which must also be the soma date the aclatowledgment is completes- • The notary public trust print his or he name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(a) of document signor(s) who personally appear at the time of notarization. • WHOM the correct singular or phnal forms by crossing off incorrect farms (Le. hdsWihoyr is /are) or circling the cones fomu. Failure to correctly indicate this information may lead to rejection of docurneat recording. • The notary seal impression must be cicar and photographically reproducible. Impression taut not cover text or lines. if seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a diffeteat aclmawledgmatt forth • Signature of the notary public must match the signature on file with the office of the county clerk. A Additional informat on is not required but could help to ensure this admowledgment is not misused or attached to a different document. �+ Indicate title or type of attached document, number of pages and data d- Indicate the capacity claimed by the signer_ if the claimed capacity is a corporate officcr, indicate the title (i.e. CDD, CFO, Secretary). • Securely attach this document to the signed document 3-227 EXHIBIT A LEGAL DESCRIPTION The subject property is the following real property in the City ofNewport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorders in book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. ON AL. 5116108 10001.34 H&0= #58720 A A-1 3-228 FA f�MtM to 4WD PARCEL 2 t t � sup � fi r � err• reoarc a a.+ .MOW 0400M WWWOM "MY AU am 4x Comm or OR, AS AP&W 13-229 µ�sr'=* . AOW ! tipper rimpus IN 0A ter A* l s$Q A 1 II ARCEL 1 { ---------- SEW at ae Np� t arlr r ,I^%Off.IH. t lea" t t � sup � fi r � err• reoarc a a.+ .MOW 0400M WWWOM "MY AU am 4x Comm or OR, AS AP&W 13-229 EXHIBIT C HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adapted May 13, 2008 Ordinance No. 2008-9 Effective Jane 12, 2008 FINAL, 5/16/08 10001.34 H&Q: #58720 vi C-1 3-230 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_K_0418OUDOC f 3-231 i i Hong Memorial Hospital Presbyterian Planned Community Development Criteria and District Repdadons i TABLE OF CONTENTS Page Number I. INTRODUCTION 1 11. t GENERAL NOTES 2 III. DEFINITIONS 3 IV. DEVELOPMENT PLAN S V. i i DISTRICT REGULATIONS 10 VI. t HOAG HOSPITAL SIGN PROGRAM 21 E VII. HOAG HOSPITAL PARKING REGULATIONS 23 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS 24 IX. SITE PLAN REVIEW. 27 v FINAL Haag PC 041808a [D0C 3-232 *M Memorial Hospital Presbyterian Planned CommanUy Development Criteria and District Reguladorn 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_Haa�PC_04 18082 -DOC 13-233 Hoag Meneorial Hospital Presb M"On Planned Community Derelopnreni Criteria and District Re kdons 1. INTRODUCTION BackgLround 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 ofall 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. i F1NAL_Hoag_PC_041808aDO C 3-234 Hoag Memorial Hospital Presbyterian Planned Commanily p elopment Criteria and Dism& Regulations H. GENERAL NOTES Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K-4 and K-5 regarding paleontological and archaeological resources. 4. Except as otherwise stated in this text the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements or the requirements of the California Office of Statewide Health Planning and Development as applicable. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and accA?s 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 W_O4ISMDOC 2 3-235 I Hoag Memoriat Hospital Presbyterian Planned Cmmwnfty Development Criteria and Dfswct ,Regulations III. DEFINITIONS Building Elevation: i 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. Buildin Height: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy;and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and all elements thereof. Grade: ,For the purpose of determining building height: I. 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_Hoag_,PC_041808a DOC 3 3-236 Hoag Memorial Hospital P►-byterran Planned Community Development Criteria and District Regulations 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays. Landscape 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_Hoag PC_041AO8aDOC 4 '3-237 Boag Afe—rial Hospital Presbyterian Planned Comnwndy 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. i 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 I, 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 !4,)ag has acknowledged that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR." The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a Supplemental EIR for the Master Plan Update (SCH#1991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing FINAL_Noag_PC_04180 Ba. DCC 3-238 Hoag Memorial Hospital Presbyterian Planned Communuy Development Criteria and District Regalahans 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_04i808aDOC 6 3-239 p LOWER CAMPUS WSPITALRO,*40 N MUG ppryE MORIN PAUWG %"=at ANCUM ti wur NMI POWON BLDO ORONMI"281ALURG - e..N NWXL8QftDPW- . . . . ....... �� 717,\ 77ocawatANE, --- 640 sm PARIONG sTrimm P OW PAR= com NOW Buildings labeled foridendfication pt"ses only PLANNED COMMUNffY SITE AND G MAP cum NORTH 100 a too 200 SCALE: 111-200, EXINIBIT 1 CUM REVISED 01.22.08 7 13-240 --' LEGEND ram•, .. _ �—•s 1 NOSPITALRO, _ r- J PRIMARY ACCESS tS,amuzED} , ITEISECOWARY ACCESS e '+ . ••I • x � n . �..., PRIMAR'TADADWAYS :! _" FX I.DADINO DOCK (UnJer8u7CIp)— �7 �`i� SECONf)ARYORMI�tWA1'AND SERVICE `i3'.. 9I0ltEll'6AANLL9M `1 � 990CA9ilEYiANf� � y ? �r� MAN LOADW6DOM '•� J v 27oPA916WE�'n,, t? r !~1. `• "p, >T rfl.UWELWE U V ..✓'` �. , '�' .1 1 ._.. r ,`•� '� 270GIINE►UNE 7DDMMIAME `� SOUIH NOACORMErr '?� /A ` "s... . 4, n � ;. Ws. FARM '• '"' ?3U6 r10E r. ''t ''. . .... ... _ �'_.. 9T9UCNR[ RIOPEfUYUNE''��."'•^.,,_� YI1M0N6 •'+'T CAW�' COIFEAEN:,i �l •' +f–.. C[lIIp1 �-i�i9 Vai+ •il.�fN% cEvm NORM N►G►4Y�Y RE .Y, 100 0 100 200 Note: Bulldings labeled for Idaniificabon purposes only VEHICULAR ACCESS SCALE: 1"=2001 .<.V I REVISED 01.224..08 N 13-241 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Distriei Regulations TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAMMUM ALLOWABLE: 1,343,238 SQUARE -FEET Allowable Site Area BuildingArea Existin ' Net Remainin Maximum Allowable U 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft. 990,349 sq. ft. s x w 0. d d 862,815 sq. ft. 577,889 sq. ft. 188,149 sq.1 389,740 sq. fL 577,889 sq. ft. O 0 1,618,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. ft.1 F- ' As of the date of adoption. 2 Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus a Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL—Hoag PC 04f808a.DOC 9 13-242 i i I ' i i Hoag Menwnal Hospital Presbyterian Planned Com wnuy Development Criteria and District Regulaiions I 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 ofthe 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 1 (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 d. FINAL_RmLPC 041 RM030C 10 3-243 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (i) 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 t (k) Medical Library (1) Medical Records (m) Pharmacy (n) Parking Facilities' (o) Engineering/Maintenance (p) Shipping/Receiving (q) Microwave, Satellite, and Other Communication Facilities (4) Residential Care: (a) Substance Abuse (b) Mental Health Services (c) Extended Care (d) Hospice Care (e) Self or Minimal Care (f) Congregate Care (S) Medical/Support Offices 1 ° Parking structures or decks do not count toward square -footage FINAL Hoag_PC_0418D8a.DOC j 3-244 i i { Ifoag Memorial Hospital Presbyterian Planned Community Development Criteria and DhrriCI Regu/adons 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 (j) P1la:,.'acy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use Permit) b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. 5 Does not count toward square -footage FiNAL_Haag_PC 041808aDOC 12 13-245 I I f I I Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations B. Prohibited Uses 1. Lower Campus a. Emergency Room b. Heliport C, Conversion of mechanical or structural spaces to uses that allow general or routine occupancy 2. Upper Campus a. Conversion of mechanical or structural spaces to uses that allow general or routine occupancy C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3, Development Criteria Plan, which establishes the following height zones: 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. ti 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. 0 rtxAL_Roa6_PC_a4I8oea.00C 13 !3-246 H�aIrmNEs';'' PPERmpmZMB TO ZONE MAXIMUM BUILDING HEIGHT 2331 ABOVE MEAN SEA LEVEL MIDWSE ZONE MAMMUM BUILDING HEIGHT 140' ABOVE MEAN SEA LEVEL PARKING ZONE r1LAXIMUM BIULDING HEIGHT so' ABOVE MEAN SEA Loa I3I HIVE OF ELEVATOR TOWER LOWER CAMPUS ZONES LOWER CAMPUS XONE- SUB - AIREASA, B, C. F, AND G NO BUILDING SHALL EXCEED THE HEIGHT OF THE EMSIM SLOPE OR ME Q ecAD7Nc NEpif 9U8 AR61r RANGE OF MAXIMUM BUILoM HEMM INDICATED SUB • AREAS D AND E -MAXIMUM BURANG HE*Hr •R "Mcawim*F Aw G 57.5fEEfABOVEMMSEA LEVEL NBBNR, AWK pffi m w"m Q "I'L ROM 9F MAt?il� '172 6UllDlf16-.0 �, Mm SFA Lm Im59 1070a1Fr.ypyp alonE U.v I std 1fwrFLr rinie7eew mAnda AVE"" St1,PE IIkY+t>teN mat Ada f7J �� �tenday 0ewoen e�bAp� ._._�� Rcm.osaw.e Nrroan J _1 N --���T 'tom xmuul>:urlr raou NYN 28Ot'AGNEl1ANE ,p A ` -x„” ..._.-fit.-... ��-,.,_- :�• _�.�, �.+i1Fo,1 - ---RjilE .�. f. — -- -.{�',.�'/ '��-' i►1 �, � t .r. ,�,��IIAf•�EPAIIji919 �� ^' ^,o. • ' ::�, „�_ :1 n � • ''- ' � L.IR-t4: � . , lily •:•? -B F. :-••;t,t -CAN= *z eam � � _,cam. •��,,t3E`► •:��:. ,. �.�•�:;/� 1.acmN.goYlwd �' RIR .•' r al � ,. /jam- aft` t1+p klQyWaF • ��'� '-" NOW BuRdings labeled foridentlflcation purposes only DEVELOPMENT CRITERIA PLAN Nos NORTH A_... 100 0 100 200 ---r_-u SCALL:I"-200' G REVISED 14 13-247 —) Hoag Memorial Hospital Presbyterian Planned Comma mh' Development Criteria and Dfslrirt Regulations i D. Buildine Setbacks — i Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the ! westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -foot minimum building setback. 2. The setback on West Coast Highway easterly of the hospital entry signal shall be fifteen (15) feet. In addition, vertical articulation shall be required for buildings easterly of the signal within one -hundred lifty 050) 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: 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. FINAL_Hoag PC_041808sDOC 15 3-248 Hoag Memonu Hospital Presbyterian Planned Community Devdopirmni 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 Qfthat 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. Li tin 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. FFNAI._Ho ag PC 041808a.DOC 16 3-249 Hoag Memorial NospUal Presbyterian Planned ComnwiTity Development Criteria and District Regulations G. Sims All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. I. Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. J. Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times. Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wail 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 wail. 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. FWAL_Hosgi 04180821. DOC 17 13-250 Hoag Henwnal Hospital Presbyterian Planned Community Development Criteria and District Regulations M. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading DocirArea Location, for the location. 1. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7AM—IOPM 10 PM— 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. FINA L_Haag_PC_0418Q8A DOC 18 13-251 LEGEND Existing Fence .1. _�,• ".: y- -- Property 4i" MIN ;��` Easement Line "ma - — — — — — — 18.5' High Wali, •' 23' High Wall 1T High Wall ................ 14' High Will NOTE: Sound Wall Is aPPtatmateN 470 Linear Feet. SmmdWall helglttmeasucedhom 9'. t. surfam. � -A 00 3 c ' 311 M Al ti ii ...... .. .... :. _..... <. ._............_ .....__--_....................._........_.........._......__. - SOUND WALL LOCATION PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN A013,2008 0 40 so EXHIBIT 4 3-252 jjMD PROPERTY UNEAS IDENTIRED IN SECTION M.1., DISTRICT REGULATIONS LWIRG DOCK AREA AS H)UMFIEo IN SECTION M.2�, OISTF1ICr REGULATIONS LOWER CAMPUS NOW OWkMp labeled forldentffleation puWm only LOADING DOCK AREA 4 UPPER CAMPUS AhVAAV AC=34" wo ftu XMowt coweva r f VFW M-wilwi elf .WHIPHI loop ;.I w Alt, 0 MonNORTH ?AM" 100 0 100 200 SCALE:I*-200' 20 13-253 Hoag Memorial Hospital Presbyterian .Planned Com mwnity Development Criteria and Distnel 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 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, or create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 1 10-L. 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 (i) double-faced primary identification ground -mounted sign or two (2) single -faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon; a project FINAI._Hoag_PC_041808a.D0C 21 C r 13-254 I Hoag Memorial Hospital Presbyterian Planned Com►numly 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 (S) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed seventy (70) square feet. 3. Secondary building and entrance identification signs shall be allowed, If freestanding, this sign type shall not exceed a maximum height of nine (9) feet average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid- point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed fifty (50) square feet whether freestanding or wall -mounted. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy, speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum height of eleven (11) feet average height above finished grade. 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy-five (175) square feet for donor recognition signage. 5. 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. S. 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. rINAL_Hoag_ C 04180UD0C 22 3-255 :: oag Memorial Hospital Presbyterian .Planned Community Development Criteria and District Regulations V11. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter firom 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. R quirements for Off -Street Parkine 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 Cateeory 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 feet1 f) (1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2003 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. P1NAL_lioap PC_04I808aDOC 23 3-256 Hoag Memorial Hospital Presbyterian Planned Comowndy Development Criteria and District Regr lawns VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures 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. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size_ Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over -watering. 8. Installation and maintenance of landscape, screening and irrigation systems per Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on landscape and irrigation plans to be reviewed and approved by the Planning Department and which shall be in substantial compliance with the Exhibits #6, #7 and #8. Hoag shall complete all of the improvements within the timelines set forth in Exhibit #6. FINAL Hoag_PC_041808a.DOC 24 13-257 90ag Memorial Hospital Presbyterian Planned Commonly Development Criteria and Dishiet Regulations B. Maintenance I. All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly. 3. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program. 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. 7. Plantings and irrigation are to be maintained in accordance with the approved plans. C. Special 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 _.: F1NAL_Hoag_YC_041808n.D0C 25 13-258 Hoag Memorial Hosprta! Presbyterian Planned Community Developmtnt Criteria and Distrlet 8eguladons 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 I be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, terming and depressing of parking areas to provide additional screening. Alternative landscape programs shall be subject to the review of the Newport Beach PIanning 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 HoaLPC_04I808a.DOC 26 13-259 Hoag Memorial Hospital Prabyterian Planned Community Development Criteria and District Regulations IX. SITE PIAN REVIEW A. Purpose Tit,. Council finds that developl,,,.at on the Lower Campus of Hoag i-lospital 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. 3. Replacement of existing cooling towers, exeept fer easua4ty- B. Findings The City funds, 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: FINAL Hcag_ U41808a.DOC 27 13-260 Hoag Memorial Hospital Presbyterian Planned Conwwnity Developmem 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 plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. 2. A landscape plan, drawn to scale, showing the locations of existing trees (proposed to be removed and proposed to be retained); and indicating the amount, type, and location of any landscaped areas, planting beds and plant materials with adequate provisions for automatic irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. Fee The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. Standards In addition to the general purposes set forth in sub -section A, in order to cavy 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: The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P -C Text); 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.. —' FINAL,_ Hoag_PC_04180UDQC: 28 13-261 Hoag Memorial Hospital presbyter1_ Planned Cnmerunity 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, Iandscaping 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 ail applicable standards established by this Section are met, the Planning Director shall approve. l 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 (2 1) 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 he such as to bring said development into conformity. FINAL_Hwg_PC_04 I808a.DOC 29 13-262 Haag M—Or-1 Haspital Presbyterian Planned CommundV Development Criteria and Distrlct Regulaiwas 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. J. 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 AVprovals 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 terns of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. FINAL_H oag_PC_041808a. DOC 30 13-263 I" M 2orm" 0 " W, -- L.C.U. I Arca Dnvipfl.. I Landwspe EleSchedule ment "'"M"VA9" Anticipated i suttfs outcome lEffect JAW 6, Ar b. '.7— iWW. Nw 2WTInaalle0;P,.rd —,,.fid Is."Naim—f—t AnaI - C. G. ....... .... 7D08, --f_—_. ::'.'.'. .<;�;:,::'.'.'�:Amo. 4s eo<n'eBremmeen Eeeearo roviTemmnwnn lass Appr� 2M AddedwamenM9YCe Gen AHlafe per cwrmmy,,q� mop, IT.- My 2M. I Neolrnetwamenaoeenumoretnlrfurem Add CO Geh&AAV ff- oPea mnrnenee M -Y 2M. i IT. O. Rya ft -.g vMwmcovw orae. aaeen Ima-mft.my lc--"C—ASP dM cvtevAof E 200& 0. G. OWdrg AAfAcrdahmba,vmw+aiomn and naw I ow. W. 1pq1,11017, — 1 74 Um, Om" "Or -4— Ff-4'P am 20OF UW.�d T� ohnb INOV jPmjWowod� kV oW C ion =DN —14M � 3rM ft—MVae++M4%,. palm iNav]O57 4MWod Tm, Omw lsoft—fueawo;wt"M. ko Im. C.,w C— pd*w .. . . . . . . . . . . R—,MG PW*fG L—C—P-V&1JP1*d E,15—w E PwRy,.".m rba Add&PMU-ci*nbs UHO-ff-,Ywm =0 Qwv. pw" U'ry P. 39 t�fth.,bp[.ft ebft. :269 Cam.. Lot ft,r, PCH Is 01 T .4 OpEwflrr —pl-d —.1 -r Ld M:• NameaOon ,.dbV Athr peAV aro WPd— WF— O.Wd W W P_U he tnsup Revised Exhibit 96 1 31 41.3 13-264 caw zz— nVAU LOWER CAMPUS IMPROVEMENT PLAN Exhibit #7 32 13-265 PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAFT) Hoag MemoalHal PresbyterianiWWQ& Exhibit 08 33 04114/WW 13-266 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 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 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) r VVi`n T- /4� City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, City CIerk 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. 2008. In witness whereof, I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California 13-267 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 i, 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- 13-268 EXHIBIT D LEGAL DEPICTION OF PROPERTY -D1- 13-269 03 ' AWAM AP! 1R�tCl &K / PARCEL 2 m:m Sa ' 1 IpM. rl0a • MIME A I[� /•MI fD d� i 0=f M � I, ; • / 004 v 14 AIld70rf Aug O0 M MAUFAGI comf 01 0+• 13-270 low ♦` N 1 � ,♦♦ • N �� ♦♦♦` Nt wr w let %% % PARCEL 1 ` � c ' i go ti , 011 ,� a s waw •, , s' P Sa ' 1 IpM. rl0a • MIME A I[� /•MI fD d� i 0=f M � I, ; • / 004 v 14 AIld70rf Aug O0 M MAUFAGI comf 01 0+• 13-270 EXHIBIT F MELINDA HOAG SMITH CENTER FOR HEALTHY LIVING AGENCY PARTNERS Fl 13-271 rfelinda Hoag Smith Center for Healthy Living 13-272 The Melinda Hoag Smith Center for Healthy Living (MHSCHL) is a robust one -stop -shop of interconnected and supportive services that promote health and well-being. The Center houses a wide variety of non-profit partner agencies and the programs that address key issues affecting the health of our community. The Center provides culturally sensitive services and resources that enable prevention, address the root causes of disease and improve health outcomes. Services are offered in English and/or Spanish depending on the program. There is no fee to become a member of the Center. The membership provides access to a majority of agencies and services, at no cost, however there may be health insurance prerequisites. For more information or to set an appointment, please call us at 9/69-764-6551 or stop by for an in person visit. Flours of Operation: Monday -Friday 8 a.m. - 7 p.m. I Saturday 8 a.m. - 4 p.m. Vision Inspire and empower our community to take control of their own health and wellbeing. Provide culturally sensitive services and resources that enable prevention, address the root causes of disease and improve health outcomes. Offer services that meet the needs of the whole person: mind, body and spirit. Mission To work synergistically in a shared location with our partner agencies and community residents to bridge the gaps in services, build capacity and maximize impact in our under - resourced communities. 13-273 Partner agencies and programs offered inclLlde: Help Me Grow OC Hoag - ASPIRE (After School 011 1,11 1 rimAcademy of International Dance ` Ballet and hip-hop classes Art and Creativity 4 Healing Art workshops designed to aid with stress reduction and to increase coping skills Be the Change Yoga Yoga classes for all levels Big Brothers Big Sisters of OC Youth mentoring for those 6 -16 years of age Cancer Kinship Mentorship, education and support programming for cancer patients in any stage of diagnosis, treatment or remission Children's Bureau General needs assessment, case management and linkage to resources Healthy Habits educational series Children's Health Connection ! Provides connections to health services, health screenings and health education along r with safety equipment CHOC PODER (Prevention of Obesity and Diabetes through Health and wellness education including nutrition and physical fitness Education and Resources) _ CtELO - (Community for Innovation, Entrepreneurship, Support and educational workshops related to business and entrepreneurial skills, resume Leadership & Opportunities) writing, financial and computer literacy Community Action Partnership Healthy Couples/Families workshops which focus on enhancing interpersonal skills and problem solving skills Social, educational and support services for children and families. Services offered in Costa Mesa Family Resource Center English/Spanish. Collaborative partners: Human Options, Children's Bureau, Girls Inc., -. - Raise Foundation, Help Me Grow, and Strong Families Strong Children. Council on Aging English as a Second Language (ESL) classes for adults; Balance and Mobility classes; computer skills classes; HICAP - support & education regarding MediCare benefits CPR, First Aid Certification CPR and First Aid Certification for adults -- Crime Survivors Support groups, self-defense classes and resources for victims of crimes Drumming Circles _— Stress reduction drumming circles for adults Girls Inc. Afterschool programming for boys & girls: homework support; spring and summer camps; dance classes; Science Technology, Engineering, Arts and Math (STEAM) classes Help Me Grow OC Hoag - ASPIRE (After School Intensive Outpatient Program (IOP) for 13-17 year olds experienc ng mental health Program: Intervention and difficulties; program guides teens and their families through skills -based training. Resiliency Education) (Need private health insurance) Hoag - Case Management Case management and linkage to resources Hoag - Health Coaching Health and wellness coaching Hoag - Health Ministries ! Faith community nursing outreach, seasonal flu clinic and blood pressure clinics Short term outpatient counseling services for individuals, couples and/or families Hoag - Mental Health Center Support groups and educational classes English, Spanish and Farsi speaking therapist (Sliding -scale fee) Hoag - OC Vital Brain Complimentary memory screening for adults over age 45 Aging Program Hoag - Promotora/Community Support anes d resources for adults experiencing stress and mental health challenges Health Worker 9 Human Options Domestic violence prevention and intervention services, counseling, parenting classes, PEP (Personal Empowerment Program), support groups MOMS OC Preparation for childbirth classes, Mommy & Me classes NAMI - National Alliance for the Support groups and educational classes for family members and caregivers who have a loved Mentally III one (child or adult) living with mental illness Olive Crest Parenting classes urange County Department of Child Assistance for parents with obtaining, modifying and collecting child support Support Services t Orange County Public Health Nursing ! Nursing case management, nursing assessment, health education 21 13-274 Partner agencies and programs offered include: VIeiinda Hoag Smith Center for Healthy Living 307 ?(acentia Avenue (Newport Beach, CA 92663 On the corner of Placentia and Hospital Road (across the street from Hoag Hospital). Entrance to parking lot is off Placentia. I J i-lelinda Hoag Smith Cen"cer f or Heal thY Living 307 Placentia Avenue Newport Beach, CA 92663 949-764-6551 hoag.org/MHSCHL Hospital Rd pacific ��ast :22 13-275 Pilates Pilates classes for adults Project Youth, OC Bar Foundation Youth diversion programs - "SHORTSTOP" and "Stop Short of Addiction"; Health and wellness programing for women - "Madres Unidas" Project Self Sufficiency Support, mentoring and linkage to resources for single parents enrolled in college Public Law Center Civil legal services and individual counseling focusing on family law related matters for low income adults and families Linkage to resources, assistance with applications for government programs: Raise Foundation I MediCal, CalFresh (food stamps); CalWorks (Cash aid); Volunteer opportunities through: Youth Advisory Council (YAC); Community Engagement Advisory Committee (CEAC) Second Harvest Food distribution for families in need (must be an adult to participate) SOS Children & Family Health Center Full scope primary care including preventive health care, urgent medical care and chronic disease management (health insurance requirements and/or sliding scale available) SOS Dr. Robert &Dorothy -J Beauchamp Child and Family General and specialty dental services for infants to adults Dental Center SPIN - Serving People in Need Housing assistance for families in need, GAPP -guided assistance to permanent placement Strong Families Strong ChildrenI Team of peer navigators and clinical case managers help provide support, resources, and counseling for active duty or veteran family members Susan G. Komen OC Breast health and cancer prevention education, mammogram screenings, survivor support groups United Way Tax preparation assistance for low income families Youth Employment Services Securing and maintaining employment assistance for 16-24 year olds Zumba Zumba classes for adults and Zumbini classes for adult caregivers and young children VIeiinda Hoag Smith Center for Healthy Living 307 ?(acentia Avenue (Newport Beach, CA 92663 On the corner of Placentia and Hospital Road (across the street from Hoag Hospital). Entrance to parking lot is off Placentia. I J i-lelinda Hoag Smith Cen"cer f or Heal thY Living 307 Placentia Avenue Newport Beach, CA 92663 949-764-6551 hoag.org/MHSCHL Hospital Rd pacific ��ast :22 13-275 EXHIBIT F THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 F1 13-276 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. THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 BETWEEN THE CITY OF NEWPORT BEACH HOAG MEMORIAL HOSPITAL PRESBYTERIAN (Pursuant to California Government Code Sections 65864-65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved July _, 2019 Ordinance No. 2019-12 13-277 THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Pursuant to California Government Code sections 65864-65869.5) This THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ("Third 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 Third 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 Parcel Nos. 423-011-30, 423-011-28), ("Property"). The Property is more particularly described in the legal description attached hereto and as Exhibit A and incorporated herein by reference, and as more particularly depicted as attached hereto in Exhibit B and incorporated herein by reference. B. City and Hoag entered into that certain Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian 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") attached hereto as Exhibit C with a twenty five (25) year Term of the 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') attached hereto as Exhibit D which incorporated references to a Supplemental EIR and amendment to the General Plan, an increase in 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. D. City and Hoag entered into that Second Amendment to Restated Development Agreement No. 5 and recorded in the Official Records of Orange County on June 3, 2019, as document number 2019000188999 ("Second Amendment') attached hereto as Exhibit E which extended the Term of the Agreement for an additional six (6) months. The Agreement, Amendment, and Second Amendment may collectively be referred to herein as "Amended Agreement." E. City and Hoag now wish to enter into that Third Amendment to Restated Development Agreement No. 5 ("Third Amendment') extending the term and providing additional public benefits. F. On June 20, 2019, the Planning Commission held a noticed public hearing on this Third Amendment and considered the testimony and information submitted by City staff, Hoag, and members of the public. Consistent with applicable provisions of the Development Agreement 13-278 Statute and Ordinance, the Planning Commission adopted Resolution No. PC2019-019, recommending the City Council approve this Third Amendment. G. On July 9, 2019, the City Council held a noticed public hearing on this Third Amendment and considered the testimony and information submitted by City staff, Hoag, and members of the public. On July 23, 2019, consistent with applicable provisions of the Development Agreement Statute and Ordinance, the City Council held second reading and adopted Ordinance No. 2019-12approving this Third Amendment. H. This Third 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," 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"), the Agreement, Amendment and Second Amendment. I. In recognition of the significant public benefits provided, the City Council has found that this Third Amendment: (i) is consistent with the City of Newport Beach General Plan as of the date of the Agreement, the Second Amendment, and this Third 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 date of approval, 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 et. seq. and Chapter 15.45 of the NBMC. AGREEMENT NOW, THEREFORE, City and Hoag agree as follows: 1. Term of Agreement. Section 6.3 of the Amended Agreement 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, 2029, unless otherwise terminated or modified pursuant to its terms." 2. Public Benefits Pursuant to Third Amendment. Section 8.6. entitled "Public Benefits Pursuant to Third Amendment" is hereby added to the Amended Agreement to read as follows: "Public Benefit Pursuant to Third Amendment. City and Hoag acknowledge and agree that this Third Amendment and Amended Agreement confer private benefits on Hoag that should be balanced by commensurate public benefits to the community of Newport Beach. Based thereon, Hoag agrees as follows: 2 13-279 a. Hoag agrees to pay a total of Three Million Dollars ($3,000,000.00) in ten (10) equal annual installments of Three Hundred Thousand Dollars ($300,000.00) to one or more non-profit community partner(s) to operate a homeless shelter, as recommended by the Newport Beach Homeless Task Force and approved by the City Council. The initial Three Hundred Thousand Dollar ($300,000.00) installment is due and payable by Hoag to the community partner(s) determined by the City Council within thirty (30) calendar days of Hoag receiving written notice from the City. Thereafter, prior to the anniversary of the Effective Date of this Third Amendment, the City shall provide Hoag with thirty (30) calendar days' notice in the event of a change to the designated community partner(s). Subsequent installments of Three Hundred Thousand Dollars ($300,000.00) shall be paid by Hoag to the community partner(s), designated by the City Council, on the anniversary of the Effective Date of this Third Amendment. If the City Council does not identify any community partner(s) in accordance with the foregoing, Hoag will deposit the funds in a trust account until a community partner(s) is/are identified. Upon written notice by the City to Hoag that a community partner(s) is/are identified then the funds deposited in the trust account will be released to the community partner(s) to pay for all or a portion of the cost to operate the homeless shelter. Without limiting Hoag's obligations set forth herein, Hoag, at its option, may be involved in the co -naming of the homeless shelter. b. During the term of this Third Amendment, the public benefits provided in Section 8.6(a), above, shall be in addition to the annual funding Hoag provides through the Melinda Hoag Smith Center for Healthy Living Agency Partners at its discretion to the non-profit organizations identified in Exhibit F as may be amended from time to time. c. Hoag recognizes that services from the Melinda Hoag Smith Center may be available to any member of the public including, but not limited to, members considered homeless. 3. Full Force and Effect. Except as modified by this Third Amendment, the Amended Agreement, attached hereto as Exhibit C, Exhibit D, and Exhibit E respectively, are incorporated into this Third Amendment and shall remain in full force and effect. 4. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. 5. Counterparts. This Third Amendment may be signed by the Parties in different counterparts and the signature pages combined shall create a single document binding on all Parties. 6. Recordation. The City Clerk of City shall record this Third 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] 13-280 SIGNATURE PAGE TO THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: By: E�Aaro C Harp, City Attorney CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city By: 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 Guarni Title: Senior Vice President and Chief Financial Officer (All Signatures to Be Notarized) Attachments - Exhibit A: Legal Description Exhibit B: Legal Depiction Exhibit C: Development Agreement dated February 14, 1994 Exhibit D: Amendment to Restated Development Agreement No. 5 dated June 17, 2008 Exhibit E: Second Amendment to Restated Development Agreement No. 5 Exhibit F: Melinda Hoag Smith Center for Healthy Living Agency Partners S 13-281 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 , 20 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 California County of _)SS. On , 20 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) 13-282 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 , 20 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 , 20 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 on (seal) 13-283 EXHIBIT A 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. Al 13-284 EXHIBIT B LEGAL DEPICTION OF THE PROPERTY 13-285 Ai1NC7� �! �. Noac a mom m wr vmtA M am= ASINIM" AW @0 40PAGf aouer or CC m X S c A 13-286 EXHIBIT C DEVELOPMENT AGREEMENT DATED FEBRUARY 14 1994 C1 13-287 R i�01fEA[lIAaR000Eb103 Recording Requested By and When Recorded Return to: City Clerk f� City of Neo 't Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 OF • DOC # 94-4207276 23—MAR-1994 0-:59 pM Recorded in Official Retards of Draw Coumty, California Lee A. Branch, Caantr Retarder °ase I of 61 Fm t 1 0.00 Tax: $ 0.00 DEVELOPMENT AQUXMZNT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN Approved February 14, 1994 Ordinance No. 94-8 Q REChVED cwgft ow 13-288 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: 0* 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 Hoag. 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 Amk 13-289 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 Hearinas. 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. DBFINITroxa. 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". Aak 13-290 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 "assignmentn 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 "CEM" and the "CECA 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 Am 13-291 . T. • 2.15 An "Exaction" refers to those specific dedications and improvements required of Hoag and set forth in Section S.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-Regnlations" means those General Regulations 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 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 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other 4 F_ 13-292 l� u 0. 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 "Parties" 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 "Proiec "Pro " refers to the proposed development of the Property pursuant to the Master Plan and this Agreement. 2.29 "Prosect Specific Aooro Als" 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, saps 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 DWMLOPMM". 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; 41 13-293 5 (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. 61 and Variance No. 1180; (e) Compliance with the terms and conditions specified in this Agreement. (f) compliance with Existing General Regulations. 1•2 Compliance with Master Plan Conditions/Mitigation 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); 6 13-294 (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 SIR. Hoag acknowledges that the EIR is a "Program J&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 Npaitoring_ 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. Awk 13-295 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 D 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. AOL 3-296 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. AMAL REW . 5.1 City and Hoao Resppnsihilities. 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 Hearin. The Annual Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Reach Municipal Code. 5.3 Information to be Provided to Hoaex. 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 r 13-297 is • 6. AML 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 EstMel 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. GENERAL PROVISZONB. 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 13-298 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. 06.3 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 11 Awk 13-299 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. 7. 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 12 AMA 13-300 • 8 Aft 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 6.2(a) and (b), unless Hoag has completed construction of less than twenty-five percent (25*) of the maximum permitted development. PUBLIC BENEFITS/EXACTIONS. 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 13 13-301 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 ($250,000.00) in an account, and at a financial institution, acceptable to City. The account shall be in the name of the City provided, however, Hoag shall have the right to access the funds in the event, but only to the extent that, Hoag constructs or installs the improvements described in (i) or (ii). Funds in the account shall be applied to the following projects (in order of priority upon notice to proceed served by City on Hoag): (i) The construction of a sidewalk and installation of landscaping in the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road; 14 Amk 13-302 DEFAULT ROMDIE$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 15 Aft 13-303 (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. (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 ($200,000.00). (d) Hoag's obligations pursuant to Subsection (c) are contingent on Coastal Commission approval of the Master Plan and attached as Exhibit C to this Agreement with no significant reduction in entitlement from that authorized in the Master Plan. Hoag's obligations pursuant to Subsection (b) shall be reduced through good faith negotiations in the event the coastal Commission reduces entitlement by ten percent (10%) or more from that authorized in the Master Plan. DEFAULT ROMDIE$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 15 Aft 13-303 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 Qption 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 Party's 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 16 AMk 3-304 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. .0 ENCUMBRANCES AND RELICUR8 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. 11.0 HISCELLANEOIIS 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: 17 i i 113-305 To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: City Nanager To Hoag: Hoag Memorial Hospital Presbyterian 301 Newport Boulevard Newport Beach, CA 92663 Attention: President With a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Harman, 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 Delay;Fxtension 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 is 13-306 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 (WP), are subject to approval of the Coastal Commission or its successor agency. 11.6 IncorPoration of ec 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 Construction 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 r� 13-307 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 oni� tle. 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 Attornevs' 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 13-308 ' Date: _'Z`a-;-9 , 1994 CITY OF NEWPORT BEACH Clarence6rurner, Mayor Date: March 9 , 1994 HOAG MEMORIAL OSPIT SBYTERIAN 0 By: Albert J. A e Chairman of the Board 4 • AMA rb\hoagdo4Jnl 1/21/94 21 Exhibit A P_. MC.IJtI 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 i of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. • Ank 13-310 A Al N Ail! ltit /-M TAwr An &W MAC tf �� i NOR• MpCi i Me= WAS Iwo I M �R r` m x x P ASIMM AW w 0=41 PAGt Cote" OF a. 13-311 • HOAG MEMORIAL, HOSPITAL PRESBYTERIAN PLANNED COMMUNrTY 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 AMk Exhibit C 13-312 TABLE OF CONTENTS iL Introduction II. General Notes 111. Definitions IV. Development Plan V. District Regulations VL Sign Program VII. Parking Program VIII. Landscape Regulations IX Site Plan Review l� u Ney 26, 1492 L _ 1 Page Number 1 2 4 6 11 20 22 24 27 i 13-313 VKI-fliI, VK Page Number 1. Planned Community Development Pian 7 2 Internal Circulation 9 3. Development Criteria 15 TABLES 1. Statistical Analysis 10 2 Parking Requirements 23 May 241992 Aft li 13-314 INTRODUCTION Daand • 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 shalt regulate this development when such regulations are not provided within these district regulations. All development within the Planned Commnnity boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. May 26, 1942 13-315 II. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the Qty of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the 0 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. Mar 24 1942 3-316 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 east. 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. t May 24 1992 3-317 III. DEFINITIONS Budding 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. ding Env to : the volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Bmldina Hebh : 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. Emeraeacv 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. ever la_ 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. Watient Uses: hospital patient services which require overnight stay. a dscaye Are the landscape area shall include on-site walks, plazas, water, rooftop May 26, 1992 4 13-318 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. OuWatient Uses: hospital patient services which do not require overnight stay. 40 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 anriccaped 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 x LM 5 IV. DEVELOPMENT PLAN 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 (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/Seaf.*c 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. 11J1 ML T 1 .ML 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 b$ce 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 bilie path (approximately OS acres) and a consolidated view park at the westerly edge of the property (appro d - mately 03 acres). A bike trail connection is also provided between the existing bike traits at the northern and southern boundaries of the lower campus. Access to the Iower campus will be from West Coast Highway and Superior Avenue, as well as from Hospital 0 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 Conummity 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. WqX IM AMk 3-320 1 • LEGEND MEAREA OF DEVELOPMENT / z __,- '�� f PLANNED COMMUNITY DEVELOPMENT PLAN -14 HOAG MEMORIAL HOSPITAL PRESBYTERIAN mq m L r�- 13-321 • The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide flexibility 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 wd 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 Plan 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. M.926, IM 3-322 r LEGEND PRIMARY ACCESS (SIGNAU2ED) SECONOARYACCESS SERVICE ACCESS PUBUC CIRCULATION STA";' SERVICE CIRCULATION VEHICULAR ACCESS • cow • EXHIBIT 2 13-323 • C� Table 1 STATISTICAL ANALYSIS` Uk ,Square Feet Lower Campus Existing: 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: 305,099 Total Lower Campus 577,889 Upper Campus ExistiugZ 480 000 Phase 1: Outpatient Services 25,000 Inpatient 115,000 Subtotal: 140,000 Phases II & Ill: 145,349 Total Upper Campus 765,349 GRAND TOTAL 1,343,2W 1 Full development of the upper and lower mmpusrs is anddpated to occur aver an approdmste 2Nyear period and will hlm[J onvr in three, scmalar phases 2 Up to 50% of the adding upper campus may be redevclopcd by master plan buildout. 3 Based on development allowed under the General plan at a Door arca ratio to gross site area of .65 for the lowet campus and LO for the upper campus. Building Bulk limit for the lower campus is 0.90 for all struchms which includes above grade covered parking. May 26, 1992 10 13-324 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 Scan • Di ysis • • EEG/EMG/NICE Laboratory • Fust Aid Center • Fertility Services • G.L Laboratory • Laboratory • Magnetic Resonance Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services May 24 1992 11 13-325 • Radiation Therapy • Radiology • Respiratory Therapy • SIeep Disorder Center • Speech Therapy • Ultrasound Administration: • Admitting • Awdliary 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/Chaplainry 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 U"2(im AMk 12 13-326 V. Medical/Support Offices b) Methane gas flare burner, collection wells and associated system M" 24 1992 13 F --I 13-327 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: i) Inpatient uses: • Critical Care • Emergency Care Unit • 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 iiv) iii) Administrative uses as allowed on the lower campus Support lower services as allowed on the campus v) Residential care as allowed on the lower campus vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buildings. M" 24 1992 13 F --I 13-327 ' B. Proln'bited U�� 1. Lower Campus a) Emergency Room b) Heliport C. Maximimi B ildina Height • 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 j existing tower (235 feet above mean sea level). 2. Upper Campus Midrise Zone - maximum bolding 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 Ievel, 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 (57S feet above mean sea level). • D. 5rtbach 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. b) Lower campus northern boundary, all of which will have a 20' minimum building setback. May 26, 1992 14 f 3-328 13-329 yii immARRV n • cu'nuour..rm�url //�L 7.�'_ al..aaa..a.r 'iaaY al.t.l..'..1 T �.v.eicloau[�s�eu 7•.1.611: .: / •: ■.1..'11 ul euou.�u::. n�a:� WIMI .. t, moi+..,^" ,l,•�^� ! .�.zo �s�. • ! • \ - 13-329 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 2096 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 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 55 feet. May 26.1992 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 shad 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. 16 13-330 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 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. Lin 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 shalt 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 budding height criteria, and shall be concealed and screened to blend into the building roof using materials compatible with roofing materials. G. 51:M All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. May 24 ion 17 3-331 L Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. I Mechaoical_ and Traci, Fnels a s 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. 1. 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 a.m. 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 stat% and service vehicles. May 26.1992 18 13-332 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. M" x 1992 19 f 3-333 VI. HOAG HOSPITAL SIGN PROGRAM •� Pn=se 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. nanc a and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -building, may be Aluminated 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 ?&Y 2. IM 20 F_ --I 3-334 is May 26, 1992 to the same number and area maximums descn'bed above. This sign may also occur as part of an entry gateway system. 2. Secondary identification signs shall be allowed. This sign type shalt 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 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 shalt 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 (thicimess) 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) budding -mounted identification sign will be allowed per structure and shall not be placed so as to directly fax the Villa Balboa/Seafaire property. Such signs will be no higher than the roof line of the building upon which they are mounted. 21 13-335 VII. HOAG HOSPITAL PARM NG 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 Iayout of all parking areas shall be subject to the review . and approval of the city Traffic Engineer and the Public Works Depart- ; went. 0 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 fo 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 u, 1W2 0 3-336 Table 2 PARIGNG REQUIREMENTS Parking Requirements Outpatient Services 20 spaces/1,000 square feet' Support 1.0 spaces/1,000 square feet" Administrative 4.0 spaces/1,000 square feet' • Residential Care 1.0 spaces/1,000 square feet' Medical Offices 4.0 spaces/1,000 square feet* Inpatient 125 spaces/1,000 square feet" Parking requirements are based on a study performed by DKS Associates in May, 1987. Parking requirement is based on current Hoag Hospital parking demand • '3-337 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 Planning and Parks, Beaches and Recreation Departments and approved by the Public Work Departments prior to issuance of a budding permit and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roofs and the parking structures. 'Nees shall not be used, but a planter box or trellis system shall be designed to provide visual relief of parking structures. All landscaping shall conform to the building height limits established in this text. z 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 I i 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. May 26, IW2 24 3-338 I All plantings are to be kept in a healthy and growing condition. Ferti ra- 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. 5. 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. Spgcial I andscapfd 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 Iandscaped 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. Vi `Ua Balboa Iandscam Zone The area between the Villa Batboa/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 4 IM 25 13-339 • • 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 w, IW2 7+, 3-340 M SITE PLAN REVIEW. 01 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.D2. to insure that these projects conform with the objectives of the General Plan and the Master Plan for Hoag Hospital. B. Fmdiro 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. Apocation Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new stricture or the addition to an existing structure which does not conform to the provisions of Section VD2. 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, 1492 2% 3-341 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. f�g 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 maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; May 26, 1992 28 13-342 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. Mic Heating - Renuired 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 0 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 respotistbility 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. IL 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. e&Y 25.1"2 29 3-343 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 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. IC Eviration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 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 hearing, 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. t\^\ft--ti"B\HOAOHOSP May 26. 1992 30 3-344 �f, N vmq . IA44 ko r t EIQIIWi' D oumm ciffumm Deb Requested: Dade of Certlf cdo: On . the City Of Newport Beach epprored the "Devok Apteerttent Between tfte Cir at mwport Beach end mm mommd f AWGm=ftj. 4' Tt� �ioppd llll iceos certlAee ths'l d of the 'Doted Cerlgk>rbe' set forth ebc . CHEWS WHERE APPLICABLE 1. The DetrofopWM Apreertnertt mn" MMttfp end eltwft 2. The DetlWpTwtt AW nw t hu not been wooed; 9. The Detrefop nW* AWwn$ t hu been emended In the tttbwk% rompom 4. Nww tttteq wr eny of 4 s<mosom ere In ditk order the Dwelcpmertt Apnaemert S The tdlowinp dela ft SxW under the Derr o mertt Apra menti . Thfe Edoppei Cwfficde may be mW apart by any trene*w or moMMm kttereet In the prnperty watch 1s sut*eot of the Deulopatertt Apr wnorrt. CRY OF NEWPORT BEACH i3Y: NAME TITLE: DMIBR D sr, amt aw '3-346 EXHIBIT D AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 DATED JUNE 17.2008 D1 13-347 to 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 This Document was electronically recorded by ER Cert Mail D Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1®EM®r®Vr00901 NO FEE 2008000289321 12:35pm 06117/08 120 33 A17 56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 E7CEMYT FROM Fl Il�1G FEES CAL GOVT CODE S b14'� (Space above this line for Recorder's use) IEADIAPT RECORDING REQUE ER C)VIRNt'If EN COLIDE 27383 FINAL 5116/06 10001.34 H&O: #58720 A AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 BETWEEN HOAG MEMORIAL HOSPITAL PRESBYTERIAN 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 3-348 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 FROMFILIN . FFFc f'A1 GOVT CODE 8 6101 (Space above this line for Recorder's use) EXEMPT RECORDING REQUEST PER G011ERNMENT CODE 21383 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 511"S 10001.34 H&O: #58720 A 13-349 AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Hong 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 Cityof Newport Beach (hereinafter "City") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag'). RECITALS 1. The "RECITALS" to the Restated Development Agreement are amended to add new Sections 19 through Section 1.19(f) to read as follows: 1.9 Hoag Propert . Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit "B" (the "Property"), 1.10 Hoag; Healthcare Services. Hoag is a modem, state-of- the-art acute care, not-for-profit hospital providing a comprehensive } mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institute, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical programs in many other specialties. 1.11 Hoag Community Benefit Pro rg__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&A: 458720 A 3-350 L 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 terns 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 Propertypursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, j California on August 4, 1993 as Instrument No. 63-0522236. 1.15 Restated Development A , Bement. 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- L 16 First Amendment to P.C. Text. On August 13, 2002, the City Council adopted Ordinance No. 2002-17 approving the First Amendment to the P.C. Text to provide that certain non -occupied building areas are not counted towards the maximum permissible building floor areas for development of the Property. 1.17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's FINAL 5116108 10001.34 H&4:1158720 vl 2 3-351 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 Agreement Amendments. The City and Hoag propose to further amend the Restated Development Agreement by this Amendment to incorporate references to: a Supplemental EIR; an amendment to the City General Plan; an increase in the Public Benefits; designation of the City as the point of sale to the extent allowed under applicable law; and amendments to the Hoag Hospital Planned Community Text ("P.C. Text") to, among other things: (a) eliminate the reference to 1.0 Floor Area Ratio ("FAR") for the Upper Campus and the .65 FAR for the Lower Campus in the General PIan 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 (ifall 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 5116108 10001.34 H&O: #58720 vl 13-352 (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 (f) incorporate the Second Amendment to the P.C. Text. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. Section 1.5 of the Restated Development Agreement entitled Planning Commission/City Council Hearings is amended to read as follows: "1.5 Planning Commission/Citi Council Hearingg. 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, January9, I 992, January23, 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.. The Planning Commission, after giving appropriate notice, held a public hearing to consider this Amendment, the Supplemental EIR, the General Plan Amendment, and the Second Amendment to the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008 and March 20, 2008. The City Council conducted a public hearing on this Amendment, the Supplemental EIR, the General Plan Amendment and the Second Amendment to the P.C. Text on April 16, 2008." 2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "1.8 City Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 948 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 FINAL 5/16!08 10001.34 H&O: #58720 vI 4 13-353 this Amendment and ..authorizing the City to enter into this Amendment. The adopting ordinance will become effective on June 12, 2008." ., 3. Section 2.1 ofthe Restated Development Agreement entitled The Adopting Ordinance is amended to read as follows: "2.1 The "Adovting 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. "AdoPtig Ordinance" finther 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: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." FINAL t_. 5116108 IMI -34 H&A: #56720 vt 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 Rieht to Develop. Subject to compliance with the j 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 bearing 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." FINAL 5/16/08 10001.34 H&O: #58720 yr 6 3-355 It. 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 maybe permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." F[NAL 5/16108 1000134 H&o: #58720 A 7 3-356 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-halfof 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 fust $1.5 million of the Development Agreement Fee shall be used to reimburse the City and/or pay -for the costs associated with the following projects: (i) construction of the Superior Avenue medians extending from Ticonderoga Street to Dana Road; (ii) construction of the right -turn pocket for southbound Newport Boulevard to westbound Hospital Road; and (iii) funding of the operational improvements and traffic signal upgrade at the Hospital Road and Placentia intersection ("Priority Public Improvements"). Construction of the first two Priority Public Improvements listed above occurred during 2007, and the third is anticipated to occur in 2008. The City shall be obligated to pay the actual cost difference, if any, for construction of these Priority Public Improvements. However, if there are any funds remaining after construction of the Priority Public Improvements is completed, the City may retain the funds to be used for other City projects or services that benefit the public. The City shall also have the sole authority to decide the design, cost and scope of the Priority Public Improvements and the sufficiency of City's performance on the Public Improvement Projects shall not be subject to Hoag's approval. The balance of the Development Agreement Fee ($1.5 million) and any funds remaining after the construction of the Priority Public Improvements shall be used by the City in the City's sole discretion to FINAL. 5/16/08 10001.34 H&O. #58720 A $ '3-357 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), Iandscaping 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 SaleslUse Tax Origin, to read as follows: "8.3 Sales/ Use Tax Oriein (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 theperson(s) responsible for filingthe tax return understands the process ofreporting 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. .., FINAL 5/16/08 10001.34 H&o: #58720 vi 9 t 13-358 Hoag, if readily available, shall provide to the City or any City designated representative the names, addresses, phone numbers and contact name of the general contractor and all subcontractors. (b) Hoag will continue to follow the Direct Payment Permit Process established in the Revenue and Taxation Code and use the permit for all qualifying individual purchases in excess of $100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale. (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hoag and shipped to Hoag's Newport Beach location may also be eligible for direct allocation of sales/use tax to the City. Upon request of the City, Hoag will provide City on a semi-annual basis with a list of purchases exceeding the $100,000 threshold during the preceding six-month period, including the amount ofthe purchase and, ifreadily available, the name and contact information for the vendor upon request by the City. The City agrees to review the semi-annual list of purchases made by Hoag and advise Hoag of any missed opportunities for direct allocation. Hoag agrees to file its Direct Payment Permit with vendors identified bythe Cityin an effort to improve the direct allocation of the local share of sal es/use tax payments in future periods." 15. A new section, Section 8.4, shall be added to the Restated Development Agreement entitled Sunset Vier Park Improvements, to read as follows: FINAL. 5/16/08 1000134 H&O: 458720 A "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 13-359 16. A new section, Section 8.5, shall be added to the Restated Development Agreement entitled Cogeneration Plant Enery 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 Ia 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: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Kamm, 8°i 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 BIvd., Suite 1050 Irvine, CA 92612 FINAL 5/16/08 10001.34 H&O: #58720 A ] l 13-360 with a copy to: Gary McKitterick Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, Sth Floor Irvine, CA 92614-7321" 18. A new Section 11.17 shall be added to the Restated Development Agreement as follows: "11.17 Indemnification/Hold Harmless. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment, including, but not limited to, the approval of the Planned Community Text and/or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Hoag shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition." FINAL 5/16/08 10001.34 H&O: 458720 vI 12 3-361 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 CON04UNITY 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, ail of the other terms, conditions, provisions and exhibits of the Restated Development Agreement continue to have full force and effect as provided therein and this Amendment shall constitute an integral part of the Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and are incorporated into this Amendment in full by this reference. 21. In the event there is any conflict between any provision of the Restated Development Agreement and this Amendment, the later approved and recorded document shall prevail in interpretation, operation and implementation. 22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the effective date of adoption of the Ordinance approving this Amendment. [Signature page follaxs] FINAL 5!16M 10001.34 H&O: #58720 v1 13 3-362 I I � I I j I I IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Development Agreement No. 5 to be binding as ofthe Effective Date. CITY: THE CITY OF NEWPORT B A'.H, a municipal corporation of tate A r ua By: Edw a rch, Pmwor ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FO XLL 4'-,� F� +r Robin Clauson, City Attorney OWNER: 1 HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California onprofit public benefit co ti By: Richard F. Afab , M.D President and CB (411 Signatures to be Notarized) FINAL - 5/16/08 IM1.34 tt&o: #58720 A 14 3-363 CALIFORNIAiACKNOWLEDGMENT 9:_4: w }?Lon°f.4aL}T. v._,0. 1v.^•arA[�:jCsj���:o-1i c�;.:�b.�3 ds::�\f-yC%.�,eN ,.7.,:1 ..cjf!)...��..:Y.. .4,';zc�c�yc�..w�. rh ........:... ice• State of California )l� County of`� t )1��' On 1� �ti� before me, �L,J �• ?11� ku 1"��{rplr' DateHere Insert Name an rile at the unicer personally appeared do who proved to me on the basis of satisfactory evidence to i t MOWN be the person(* whose name* is(am subscribed to the Canrntnton 16177 r within instrument and acknowledged to me that Notary Pubft. CQ OAXV0 county _ helsHefMhey executed the same in his/he kelr authorized MyC0mm.E)VJM25.201 capacity(je*, and that by hL%tierbeir signatur*) on the instrument the person* or the entity upon behalf of which the persons) acted, executed the instrument. IE�AM L iRCIWN Ca VnW Mt III 16SU77 Hatay REAC - Ca alma Om rW Casal j6,WCornrrLbVkwJon25.20l • • Place Notary Sea! Above 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 nd offici 1 seal. 1 Signature lft ��- STgnat of o Pu!>fic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent mmovai 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(ies) Claimed by Signer(s) Signers Name: ❑ Individual G Corporate Officer—Titte(s): — 1, Partner — El Limited G General Lj Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: rIIGH'i T'HUf 78PRITvT �F SIC:N'cn Number of Pages: Signers Name: ❑ Individual 0 Corporate Officer — Title(s): Partner —❑ Limited 0 General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator El Other: Signer Is Representing t Top of thumb here '..�� 02007 Nedwlel Notary Aacoc or -9350 Oe Soto Ave., P.O. BW 2402•Chsawonh, CA 913132402• WWW.NatonaWMaryorg 11em95907 Reorder.. CadTal-Frae 1.8oW6-_fiW 3-364 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of C},e.o.ru n.e. On * V31Zoo s before me, 9 e� �++z yr j ;1AAes� t, AA -4y Pu L1; C , (Here insert name and title of the 60cer) personally appeared _ Q; cJ,�zd APA 61 c who proved to me on the basis of satisfactory evidence to be the person(4 whose namm am subscribed to the within instrument and acknowledged to me thatQV**/dktay executed the same in thtw authorized captacity(i*, and that by QhwRheir siggature$0 on the instrument the person(4* or the entity upon behalf of which the person(4 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 band and official seal. � O_ 1' Gam. � Y�ntA 142t1tM'' '�•�: h/Q s +t Q �2 (Notary Seal) SignatureaMotery Public ADDMONAL OPTIONAL INFORMATION DESCRM ION OF THE ATTACHED DOCUMENT runt +tel :& ges- aced &'i k ag" (Title or description ofattached docmm t) _Aa ,_� Ma. s ' (Title ordeScipli(aofattacheddocument cantiuued) Number of Pages 33 Document Date ,S rq-e s (Additional information) CAPACITY CLAIMED BY THE SIGNER Q Individual (s) 04 Corporate Officer fkj;de,i AJ CE6 (Title) 0 Partners) ❑ Attorney -in -Fact El Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800.873-9865 www.NotaryChLsses.com INSTRUCTIONS FOR COMPLETING THIS FORM Arty acknowledgment completed in Ca4fiornta must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form mutt be Property completed and attacked to that document The only exception it tr a dacumeat it to be recorded oucrfde of Cdl(foreta. In such b&s a scat, any atarnative a n wledgment verbiage as may be printed on such a doemerent so long as !be verbiage doer not require the notary to do something that is iff dfor a notary in Caftfarata f? F- eertfyireg the authorized capacity of the signer). Please cheek the doctorate earefulty for proper notarial wording and attach thitform ifr cared • State and County information must be the State and County where the document siguer(s) Personally appeared before the notary pub& for aeiatowledgimnt • Date of notarization must be the date that the sigoer(s) personally alb which mast also be the soma dam the acknowledgment is completed. • The notary public must prim his or her name as it appears within his or her cormrdasion followed by a comma and then your title (notary public). • Print the name(s) of document signers) who peraomlly appear at the time of notarization. • [ndimte the correct singular or plural forms by crossing off incorrect forms (ie. WshZ/Oft- is /ora) or circling the coaecr forms. Failure to correctly indicate this infonmadon may lead to *cction of document recording. • The notary seal impression roust be clear and photographically reproducible. impression must not cover text at lines. If seal impression smudges, re -sent if it sufficient area permits, otherwise complete a different admowledgmemt farm • Signature of the notary public rust match the signature on fide with die office of the cotmty clerk. `+ Additional information is not required but could help to ensure this acknowledgment is not adutacd or attached to a diffcrcatt document_ v Indicate We or type of attached documeat, number of purges and data 0 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, ioclicate the title (i.c. CED, CFO, Secretary). • Securely attach this document to the signed document 3-365 EXHIBIT A i j LEGAL DESCRIPTION The subject property is the following real property in the City ofNewport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block I of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block I of Irvine Subdivision, as shown on a map recorded in book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. FINAL 5/16108 10001.34 H&O: #58720 vt A-1 3-366 ce M4*C* " i�MLR /1�1 /oar K.M�LO AOA _ Ln�ver t,�rHpirs PARCEL 2 1 C?pper Crimprrs t i L i � AK )K 4► 1, PAROL 1 W% 0060r t\� pS WoAn 40F 4w lk IL t t t. Ley Im. A40CK 4 ow A A►. �!1`-,... , ..-atm N� t ASgtbgl7 JW OM403FAM 03(W or a. 13-367 rl I ' , ! EXHIBIT C HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted May 13, 2008 Ordinance No. 2008-9 Effective June 12, 2008 FINAL 5116106 10001.34 H&.O: 058720 vl C-1 0 13-368 HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED CONaVIUTN[TY 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 E[NAL Hoag PC_04i808a.DOC 13-369 i i Hoag Memorial flaspital Presbyterian Planned Commanlly Development Criteria and District Regalaw. TABLE OF CONTENTS Page Number I. INTRODUCTION 1 H. GENERAL NOTES 2 III. DEFINITIONS 3 IV. DEVELOPMENT PLAN g V. DISTRICT REGULATIONS 10 VI. HOAG HOSPITAL SIGN PROGRAM 21 VII. HOAG HOSPITAL PARKING REGULATIONS 23 VIII, HOAG HOSPITAL LANDSCAPE REGULATIONS 24 IX. SITE PLAN REVIEW. 27 FINAL Haag_PC 041808a.D0C 3-370 Hoag Memorial Hospital Presbyterian Planned Coxwwnity 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 I. ,BUILDING AREA STATISTICAL ANALYSIS 9 2. PARKING REQUIREMENTS 23 FINAL_Hosgff _041808a.DOC 13-371 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital -related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the Lower Campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. FINAL_Hoag_PC_041808a.D OC 3-372 Hoag Memorial Hospital Presbyterian Planned CommunitYPMVIo mens Criteria and District Regulations II. 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 accAss 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 Hoae,,,_PC_04I808a.DOC '3-373 Hoag Memorial Hospital Presbyterian Planned Community Aew*pment Criteria and District Reguladons III. DEFINITIONS Building Elevation: 1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2. A flat scale drawing of the front, rear, or side of a building. Building Envelope: The volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy, but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy;and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and all elements thereof. Grade: For the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) FINAL Hoag_PC_04I808a.DOC 3 3-374 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays. Landscape 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 datura mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours. Residential Care: Medically -oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: For the purpose of determining development area: 1. Gross - parcel area prior to dedications, 2. Net - parcel area after dedications. Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights-of-way. FINAL_Hoag„PC_04 (8Q8a_DoC 4 13-375 Hoag tllenwrwt ffospitat Presbyterian Planned Comnunay Development Criteria and District Regulations IV. DEVELOPMENT PLAN Proieet 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 fimctions, 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. t 1 The Development Plan does not specify building locations or specific hospital -related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. The maximum allowable building area for Hoag Hospital, which encompasses both the Lower Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a maximum allowable building area limit: the maximum allowable building area for the Upper Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is 577,889 square feet Table 1, Building Area Statistical Analysis, provides a summary of allowable square footage for both the Upper and Lower Campuses. Implementation, Program EIR and Subsequent Proiect Specific Approvals !-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 EIR for the Master Plan Update (SCH#1991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing r FINAL Haag PC 04I808a.DOC '3-376 Hoag Menwrial Hospital Presbyterlatt Planned Camm m& 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.A0C R '3-377 WSPRAL -7 scam BLDG 1% 2111,01SW* vLaw 2 LIKLA119 3"HOAGOR04 10 som smumm FSUVWXPA4iM py < CAm .. ....... i... CDM LOWER CAMPUS taut eft - rf dA of NOW Buildings Weledlaridentfication purposes only PLANNED COMMUNITY SITE AND BOUNDARY MAP PAM 0 NORTH %Amy 100 0 loo 200 SCALE: 111-200, REVISED 01. 2:08 7 13-378 LEGEND - � -•�.. _.. • OSPRALROAp .. PRIMARY ACCESS (S.dNAUZED) J 1 ;' '7 SECONDARY ACCESS, •• •�� ,+. creaE' PRIMARYROADWAYSt �� ouR�ra ♦ d . SECONDARYiiRWE1NAYAND S£RVICE •��' . � _+ ' warErrcPawEuaN •�� � • amino •.� seocrwRtY �` /i t ORUNk1952WAIXFM y uAw Boa DOCK f 216PAp16UVE � �'' T J1�J ` j �:: . \S'Jl't, ,.f r� 239UWEtANE�.,�2IDU IAME .l '�J� .-/ �„� f`"� Y��'h ahOcuErwrE) �oc�aerwE soun+xoraaw l WED 1j a r -t ^ • .,SURFACE �•' f / 1 PRDPFAt7UNE •1 �"^�^.•__� 1' - •�•,- '!'Ibr •��• ' ... ,. ctm .. ..., ....._....... ' A ' PAItlNiBr com n.. :. ;f aonFE9u, E •F.w� ter. r NORM ,ter- 100 0 100 200 Note: Buildings labsiedfor idendlicallonpurposes only ____J --- L—j N 13-379 Hoag Memorial Hospital Presbyterian Planned Community DeveloPxwnt Criterla and District Regulations TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET Maximum Allowable Net Allowable Site Area Buildlit Area Existia Remairtin U 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft_ 990,349 sq. ft. z x a 5 j v 862,815 sq. ft. 577,889 sq. ft. 188,149 sq_ 1 389,740 sq. ft. 577,889 sq. ft. 0 a Q 1,618,164 sq. ft_1,343,238 sq. & 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. ft.3 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 F1NAL_H0ag_PC 041808a.D0C 9 3-380 H-9 Memorial Hospital Presbyterian Planned Comnulmry 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 ofthe 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 (g) Day Hospital (h) Back and Neck Center (i) Biofeedback 0) Breast Imaging Center (k) Dialysis (l) EEG/.EMG/NICE Laboratory (m) First Aid Center (n) Fertility Services (o) G.I. Laboratory (p) Magnetic Resonance Imaging (q) Neurology (r) Nuclear Medicine (s) Occupational Therapy (t) Pediatrics (u) Pharmacy (v) Physical Therapy (w) Pulmonary Services (x) Radiation Therapy (y) Respiratory Therapy (z) Sleep Disorder Center (aa) Speech Therapy (bb) Ultrasound (cc) Urgent Care FINAL Hong PC 041808aIlOC 10 f3-381 I ! r i Haag Memorial Hospital Pt csbyterian Planned Community Development Crltetia and Disirici Regulations i (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services (3) Support Services: (a) Employee Child Care (b) Health Education (c) Power/Mechanical/Auxiliary Support and Storage (d) Food Services (e) Cashier (f) Chapel/Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop (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) Sef f or Minimal Care (f) Congregate Care (5) Medical/Support Offices 4 Parking structures or decks do not count toward square -footage FINAL_Hcag—PC 041808a.DOC l 3-382 Hoag Memorial ffospital Presbyterian Planned Community Denelo men[ Criteria and District Regulations b. Methane gas flare burner, collection wells and associated system components, I C. Accessory uses normally incidental to hospital development. I 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: 1 1 (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 Q) Pha: -dCy (k) Patient Beds (2) Outpatient services as allowed on the Lower Campus (3) Administrative uses as allowed on the Lower Campus (4) Support services as allowed on the Lower Campus (5) Residential care as allowed on the Lower Campus (6) Heliport (subject to Conditional Use PermiW b. Accessory uses normally incidental to hospital development. c. Temporary structures and uses, including modular buildings. 5 Does not count toward square -footage FINAL_Hoag2C_041808a.DOC 12 e 3-383 Koag Memorial Hospital Presbyterian Planned Community Development Criteria and Dxstricl 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. tower 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 Aaag PC_04I80Ha.DOC 13 13-384 m—z PPER CAMPUSZONES ZONE MA7UMUM BUILDING HEIGHT 2351 ABOVE MEAN SEA IML MIDWSE ZONE MA:nMUM MnLDING HEIGHT 140' ABOVE MEAN SFA LI:YEL PARKING ZONE* M=MUM BIHLDING HEIGHT SO' ABOVE MEAN SEA L"&, VXLUSlVE OF IMA70R 7%M LOWER CAMPUS ZONES LOWER CAMPUS ZONE SUB - AREASA, B, C, F, AWG• NO BUUDING SHALL EXCEED THE HEIGHT OF 7HE IMSTING SLOPE OR THE I=. ! aueAHa »Finart sua Axsa RANGE OF MAXIMUM BUU MG HEaM UODICATED SUB • AREASD AND E-M"MBa BURaNG HWW �2 frpte/t Wua>E a Rao" ST -5 FEETABOVEMEAN SEA LEVEL HMO. A&W PMMm 6W O Q1YflCAL AdNGE'OP W M M BVxDli0 Hk7sa UM 9FA Wn tMSU �tOx.v Frugoe obe9uw m'+na.u, i71 AYEMOE SifYf'£IIiYARp9 BidRwiOe�dimm�r Aeod9. oaooraw StAveaCt7 L0.2�!kr„1PrxHIBi_lr C 230PApI57 s� \ MUE n_ 23aH o�47 AHP . z _ . ti�i. _ . r • ....moi.. •� .r.••""-••"'- �I����-rti�+e..w�x� �`_•S ! a" .'s` 01 • ~.''S71AFIEPAl1fYHB' c .: •a a , PRWPJtiN111¢ -�� ! •i Iii: ih ".8�:. .� jc.y.....••,.�F,• r• • r...� s `` "'^�'"-�:# • Oi�1CfS ,.••,•tri-.,',"�` �•; � • PA ``.-_ '��k 1. /:• .:::.'' ':f' COAV Note: BuDdings labeled foridentifloaUon purposes only DEVELOPMENT CRITERIA PIAN UP -0 Dmfunew&nap �:� •':�\per � �� J/'� �, .MLAt. -•-� '1/OGGxkYtANE ''l?;'; \\ \•�-� ;, }}:. REVISED 14 13-385 1L aam 1� _V:• `� • ',1,. - A0NFftDKf w` / s•. '' same. NORTH p 1 ••ti t t �� `A. rRNWgY `�.� 9E �:;�• , i +s wt.w"w a om,l ase 100 0 100 200 �� F1ggppluta{ ---r`tJ /� , C 4 /�/�^ SCALE:S".*LLL' REVISED 14 13-385 f 1 Nuag Memorial Hospba! Presbyterian Planned Community DeveloPment Criteria and District Regulations I D. Building Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa condominiums, as defined below: a. Upper Campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b. Lower Campus northern boundary, all of which will have a 20 -foot minimum building setback. 2. The setback on West Coast Highway easterly of the hospital entry signal shall be fifteen (15) feet. In addition, vertical articulation shall be required for buildings easterly of the signal within one -hundred fifty (150) feet of the West Coast Highway frontage, as follows: Ist Floor: Up to eighteen (18) feet in height no additional articulation is required. If the Ist 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 i 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 westerlyof 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 Ist floor exceeds eighteen (18) feet in height, it shall be subject to the articulation requirements of the 2nd Floor. I / f / FINAL Hoag_PC_041808e.DOC 15 I 9 � 3-386 Hoeg Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulation 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 200/,o 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, 201/0 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 fighting 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. F1NAI, Hoag PC 041808a.0oC 16 '3-387 Hoag Memorial Haspltal Presbyterian Planned Comnurnity Deveiopment Criteria and Districe Reguiattom G. Suns All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parkinrt All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. I. Lance All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. J. Mechanical and Trash Areas Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets and immediately adjacent residential properties. K. West Hoag Drive Circulation Limitations The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after 8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the roadway between these hours and appropriate signage indicating permitted delivery hours and access limitations shall be installed and maintained at all times_ Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to issuance of required permits. To the maximum degree feasible, the sound wall shall be constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section 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. FWAL_Hoab PC 041808a.noC 17 i f ' Moag Menrorlal Masplta! Presbyterian Planned Cominundy Developmrat Criteria and Dist -wt R Mations I ' � 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. I. The applicable noise standard at the Hoag Hospital property line adjacent to the Loading Dock Area shall be as follows: 7AM-101M l0PM-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. ;i 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_H-9__ _041808aDOC 18 0 LEGEND Existing Fence Property l4fie n Easenient Line - — — — — — — — 18.50 High Wall, bf k 2.3' High ftil ir-High Wall ................ 144flgh-WO Sound Wall Is approximately 470 Linear Feet MGM Sound wall height measumd from • adjacent roadway surface. V2 . V, t .11 N N % Nt A, ft -P A�e SOUND WALL LOCATION PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN Apdf3,2008 a 40 so EXHIBIT 13-390 Go8q. NUD113. 7N ... .... ..... SOUND WALL LOCATION PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN Apdf3,2008 a 40 so EXHIBIT 13-390 LEGM UPPER CAMPUS PROPERTYLINEAS IDENTRIM INW.CnON M.I., DWRCT REGUL4TIONS __J rT= R."! LOADING DOCK ARMS IDOMFlEo IN SEDM M,2, OISTRICTREQUIATIONS o M- �7 T. . W11 r r Pomill'im P. -.51 LOWER CAMPUS NORTH too no NOW BuIldings labeled forldanftotlonpurposes only LOADING DOCK AREA SCALE:10-2W HOG MEMORIAL HOSPITAL --- BUIS 20 13-391 Hoag Memorial Hospital Presbyterian Plaaaed Corumnnity Developmeni Criteria and District R ulaa xs VI. HOAG HOSPITAL SIGN PROGRAM A. Purpose and Intent I. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wall and ground -mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordinance and the information signage requirements of Hoag Hospital, 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on -building, may be illuminated or non -illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110-L. 5. .For purposes of this section, a building shall be defined as any occupied structure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for way finding purposes. Individual building numbers uniquely define the buildings on the Hoag campus. C. Number of Si ns 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 1:1 N A I._H0 ag_PC_04 1808 a, DOC 21 I 13-392 Hoag McTeriat .Hospital Pr-hVerlan Planned COMMuaity Dewelapm ist 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 (l 1) feet average height above finished grade. l 5. Donor recognition signage shall be allowed, one (1) at each building elevation. Maximum sign area shall not exceed one hundred seventy-five (175) square feet for donor recognition signage. 6. Hospital identification signs shall be allowed upon hospital towers, one (1) at each elevation. The maximum sign area shall not exceed two hundred seventy- five (275) square feet. Any hospital identification signage on the elevation facing west (Villa Balboa property line) may not be illuminated. 7. On the Lower Campus, two (2) building -mounted identification signs will be allowed per structure and shall not be placed so as to directly face the Villa Balboa property. Such signs shall adhere to the requirements above for secondary building and entrance identification signage and shall be no higher than the roof line of the building upon which they are mounted. 8. Each public parking structure shall be allowed one (1) identification sign above each entrance and exit of the structure. The maximum sign area of each identification sign shall not exceed thirty (30) square feet. Adjacent regulatory parking signage does not count toward the maximum sign area. F1NAL_Hoag_PC 041808aDOC 22 13-393 i i oag ltlemorral Hospital Presbylerran Planned Community Development Criteria and DrstrrctRegulations VII. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. 3. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements have been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Off -Street Parkin¢ 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 Category 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 Linscoti, Law & Greenspan dated October 15, 2001 for Traffic Study 2001-002 approved by Planning Commission Resolution No. I542. (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. r1NAL_Hoap PC_n41so8a.DOC 23 13-394 Haag Me-arial flarptla! Presbyterian Planned Conunernity Dew1openeal Criteria and District Regulations VIH. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation pians, 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. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over -watering. 8. Installation and maintenance of landscape, screening and irrigation systems per Exhibit #6, Exhibit #7 and Exhibit 48. All improvements shall be shown on landscape and irrigation plans to be reviewed and approved by the Planning Department and which shall be in substantial compliance with the Exhibits #6, #7 and #8. Hoag shall complete all of the improvements within the timelines set forth in Exhibit 46. FINAL Hoag_PC 041808a.DOC 24 13-395 Hoag Memorial Hospital Presbyterian Ptaxned Commxnity Development Criteria and District Regulations B. Maintenance All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly. 3. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program. 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring, adjustments and cleaning of systems are to be part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. 7. Plantings and irrigation are to be maintained in accordance with the approved plans. C. Stecial Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Installed trees are to be no smaller than twenty-four (24) inch box. D. Villa Balboa Landscape Zone The area between the Hoag property line and the sound wall will be referred to as the Villa Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific landscape process to ensure consultation with Villa Balboa on the planting and maintenance of the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent feasible or replaced with specimen plant material as designated on a plan to be approved by the Planning Director after consultation with the Villa Balboa Community Association. The plan rFNAL Hoeg_PC_041808a.DOC 25 13-396 Ifoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regalations shall also include sufficient additional landscaping to screen or soften the soundwall required pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed, including perimeter parking area landscaping, terming 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. y MAL_Noag_PC 04I808aDOC 26 '3-397 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations IX. SITE PLAN REVIEW A. Purpose TiL, Council finds that developnt_.at 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 Pian 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: 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, except fef easafeky: 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. Pians and Diaarams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: FINAL Hoag PC 041808a.DOC 27 13-398 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations 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, t 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 j 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 pians, diagrams, drawings or additional information necessary to adequately consider the proposed development and to detennine 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 `— FINAI._HOag_PC_041808aDDC; 28 13-399 i I Hoag Memorial Hospital Presbyterian Planned Camnwnity Development Criteria and District Regaladar v consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. 5. Potential impacts shall be mitigated to less than significant levels. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property_ It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Director If all applicable standards established by this Section are met, the Planning Director shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Director shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Director shall be subject to review by the Planning Commission either by appeal, or upon its own motion, or upon the request of the Planning Director. The action of the Planning Director on any Site Pian 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 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. FR4AL_11oaP_PC_041808a.DOC 29 13-400 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and Dislrlci 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. J. 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 fling 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 Eviration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. FINAL_Ho2g_PC_04I808a.DQC 30 3-401 PwnLft n, rmelm10 1ntbted bA —t. It. bd F.Khibift #6 I —.I — RwIftda15Mfro CMy 31 13-402 -- ...... . ...... AWItt-Wr�*rubLneo W—�Oswfiv YaaaEw EYewn 1P �.d Valla GWY P.�V Yales LocaMn I Area i Description Landscape Element Schedule GovemmentfAgenry Anticipated i mhtnce pw&g ass no- eRm irae I status Outcome I Effect ImmmlaRl Addifil—I.pr A— I - C.fasa ;= akanewpon oma,., VPR- Wd P—Wft� It— of,'IM Parki N AWTemmlm CH &4� J.4 b=evmW­,­t,­M 1WwC-Twftjty 1c,'." r— App—t ztIll AadaafaresnbPNG Gen Phre t2M P., ­y,.q—t 11— Illy 2- Ccananra..VAdd Is JLdr A-1 `77 qk" Yy.CeGlq...... PW ty .q-t Afty 2M. �9aemYmllm C.PM. IWY ;C..w MR apmilk elms of ow It Gen 8utaeq —d- . . . Yet-ad"dup"WrWeom W,.W 11 . . . . . . . . . 24heq. O.A. vdpnlMwrN plctlngf Use —t, —t rMvvgler j� 2007 bW.DW yf—wd ob +1 IIt0UMapat etivnv CmwwVvwpm)et= 12, 3G, bev M" I— and 4 41n Mbn I—ptwm 4-W2.V b- ff—',v'"cr—dw—W kA G.801 0— cd.".dr 3f'" Pk. N .4-vvfA—.WqwP.( . . . . . . . . . . . ...... ..... -b w -w4tfi. jW otcop m V-- th" 120day3 � by ithcC.-tA�- PwnLft n, rmelm10 1ntbted bA —t. It. bd F.Khibift #6 I —.I — RwIftda15Mfro CMy 31 13-402 -- ...... . ...... AWItt-Wr�*rubLneo W—�Oswfiv YaaaEw EYewn 1P �.d Valla GWY P.�V Yales W—b Trvsa jp—d— W4 wit—W "—& *-ew d—r.,Vow FCH mhtnce pw&g ass no- eRm irae ImmmlaRl APP�WkiC�ptjAIC)tytt,a akanewpon oma,., VPR- Wd P—Wft� It— of,'IM Parki N CH &4� comm. Ux � PCH t2M Ccananra..VAdd Is —he FFMCDP I—by ft PwnLft n, rmelm10 1ntbted bA —t. It. bd F.Khibift #6 I —.I — RwIftda15Mfro CMy 31 13-402 1tR ll � '� f A• �q ® �1� � L.� kV, ' ffiAT '� ffi 41 ffiVA A11 ...e.... PAC• i �ll �, � lye` r t _ _ C �./i. � l � � . • i af lt� A HOAG LOWER CAMPUS IMPROVEMENT PLAN Exhibit #7 i AAyAR a.am 32 13-403 PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAFT) Hoag Mem0lal HcMl!glPresbytedan MMicrt FvhlWf Me 04114/2= 13-404 0 STATE OF CALIFORNIA } COUNTY OF ORANGE 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 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: Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich Now: None 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) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HAR.KLESS, 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 3-405 EXHIBIT E SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 E1 13-406 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 AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (Pursuant to Cali orris Government Code Sections 65864-65869.5 and Newport Beach Municipal Code Chapter 15.45) Approved February _, 2019 Ordinance No. 2019- 13-407 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 f3-408 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: 1. 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 ("LCV), 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 f3-409 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 f3-410 SIGNATURE PAGE TO SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 CITY: CITY OF NEWPORT BEACH, a California municipal corporation and charter city 33 ATTEST: Lo Leilani I. Brown, City Clerk APPROVED AS TO FO By: Aaron C. Harp, City Attorney 1* 1411414 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 Guarni Title: Senior Vice President and Chief Financial Officer (All Signatures to Be Notarized) 4 3-411 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 , 20 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 (seal) 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 , 20 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) 13-412 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 , 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 PERTURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (seal) 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 , 20 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 M (seal) 3-413 EXHIBIT A DEVELOPMENT AGREEMENT DATED FEBRUARY 14 1994 -A1- 3-414 R ammo gmwK B03 Recording Requested By and When Recorded Return to: City Clerk � - City of Newp6rt Beach 3300 Newport Boulevard P.O_ Box 1768 Newport Beach, CA 92659-1768 0 - • Aft DOC # 94-4247275 23—MAR-1994 03:59 Pm Recorded in Official Records of Orange county, California Lee A. Braocb, County Recorder °ase 1 of 51 Rest f 000 Tax., 1 O,VV RECE ED M 6 19g DEVELOPJ1RNT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN Approved February 14. 1994 Ordinance No. 94-8 '3-415 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: 01 1.1 ase 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 seg. of the Government Code of the State of California, and Chapter 15.45 of the Newport Beach Municipal Code. 1.3 Interest of Hoag. 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 "H" (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 AM 3-416 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 rouncii 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. DSFINITIONB. 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". 13-417 C� �J AM 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 "assian" 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 pefault" 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 "SIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach and Supplemental Environmental Impact Report No. 142. 2.24 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 13-418 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 j Exhibit S: Map of the Property Exhibit C: The Master Plan Exhibit D: Estoppel certificate 2.17 "Existing General RecrulAtions" means those General Regulations 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 Date. 2.19 "General Regulations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are t generally applicable to the use of land and/or construction i 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 mGeneral 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 j 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 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other 4 '3-419 IM • 0 - Aft 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 "Parties" 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 *krQJggtn 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 generall 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 DSVSLOPMBNT. 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; 5 3-420 9 (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. al and Variance No. 1160; (e) Compliance with the terms and conditions specified in • this Agreement. (f) Compliance with Existing General Regulations. 3.2 Compliance with Master Plan Cgr;dittions/Mitigation 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); 6 AWL 3-421 (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 SIR. Hoag acknowledges that the ETR 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. AMk 13-422 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 D 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. Aak 3-423 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. AWAL Un . • 5.1 City and HoagResponsibilities. At least every twelve (12 months during the Term, the City shall review Hoag's good faith substantial compliance with this Agreement (the "Mutual 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 Hearin. 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 Nona. 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 3-424 �J • 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 Tetter. 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. GENERAL PROVISION0. 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 13-425 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") 0 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 Pian or this Agreement that would increase the maximum 11 Adk 3-426 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 accept t p 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. 7. CONFLICTS OF LAW_ 7.1 _QMflict 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 12 Amk f3-427 extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in affect, 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 ich 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 (25t) of the maximum permitted development. 8. PUBLIC BEMPITSaXACTIOHS. 8.1 Pablic 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 13 Aft 13-428 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 Naster 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; 14 AMk 3-429 9. DEFAULT, REMEDIES AND TERMINATION. 9.1 General Provisions. In the event of a Default (see Section 2.21), the Party alleging a Default shall give the other Party is I I l 13-430 (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. • (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 2.21), the Party alleging a Default shall give the other Party is I I l 13-430 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. i9.2 Qation to Institute Legal Proceedings QK 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 Party's right to give future Notice of the same or any other Default. 9.5 afault 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 16 AML 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. �.0 ENCUMBRANCES AND RELEAORS 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. 11.0 MISCELLANEOUS PROVISIO S. • 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: 17 Ank 3-432 To the city: city clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: City Nanager 40 To Hoag: Hoag Memorial Hospital Presbyterian 301 Newport Boulevard Newport Beach, CA 92663 Attention: President With a copy to: Tim Paone Paone, Callahan, NCHolm & 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 18 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 18 rlfl 3-433 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 Construction 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 AMk 13-434 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 gonsent. 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 Lpgai 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 is 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 13-435 Date: 'Z',U- 92 , 1994 CITY OF NEWPORT BEACH By Clarence er, Mayor Date: March 9 , 1994 HOAG MEMORIAL OSPIT 114 SBYTERIAN • By: l Albert 3. A e Chairman of t e Board wb�hwpda4.fn1 1/21/94 �J I AM 21 3-436 Exhibit A 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 �J 13-437 TRACT /RV/NE n aor AN r M /O"' PARCEL 1 tt - JL a ``, "."""v ,� i AL % t .� AR rr Ar �K t . . BLK / _ AaAI.M % PARCEL 2 03 04 �moic a asWwors M.l rylp/ K►! mew p=431AW 13-438 • HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNI'T'Y 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 Exhibit C 3-439 TABLE OF CONTENTS • L Introduction II. General Notes III. Definitions IV. Development Plan V. District Regulations VL Sign Program VII, Parking Program VIII. Landscape Regulations IX. Site Plan Review • May 26, 1992 Aak Page Number 1 2 4 6 11 20 22 24 27 i 13-440 • EXfIIBITS 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 441 I. INTRODUCTION Bad and • 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. • ALy 26, 1992 Amk 3-442 II. 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-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. nay X IM 13-443 & 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 Budding 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, 1992 13-444 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. Buil 'no Euv l the volume in which a building may be built as carcumscnbed 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. Emera= goo :. 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. %pati n Ili: hospital patient services which require overnight stay. Landscape Area: the landscape area shall include on-site walks, plazas, water, rooftop Alar 26, 1vs2 4 3-445 1 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. Residential Care: medically -oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Are for the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2 Net - parcel area after dedications. West Coast Highway is designated as a special landscaped street, containing special landscape requirements. Stree: reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights-of-way. r&y x m 5 I r 13-446 IV. DEVELOPMENT PLAN 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. DMlg=ent 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 0.5 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 wilt 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. WyA rW2 3-447 LEGEND ImAREA OF DEVELOPMEHT 0 PLANNED COMMUNITY DEVELOPMENT PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN m 13-448 The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide flexibility 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 rap is not exceeded, this Development Plan allows Hoag Hospital to adjust the development pro®e 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 (Lem 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 Plan 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 PIan is not exceeded. • M" A IM AML 13-449 p L£Q£NO PRIMARY ACCESS 14IGNAUZE0) IWSECONOARYACCESS ® SERVICEACCESS PUBUC CIRCULATION STAFF / SERVICE CIRCULATION AUY A 1992 • wtsr Cow • VEHICULAR ACCESS �HOAG MEMORIAL HOSPITAL PRESBYTERIAN !I(NIBIT t 13-450 !brae ll devekq mamtof the upper and ower rumpuses is anticipated to accur over an appmomaa 2D jear period and will likely occur in taveapear ph&= 2 Up to 50% of Ike eoeing upper campus may be red—leppd by matte* Plan buildout 3 Bawd on development allowed under the General Plan at a floor arca ratio to grog Hite area of .G5 for the kmer mmpus end LA for the upper campus Building Bulk limit for the low ompm is 0.90 far a0 druetures wbiek includes above grade covered parking. May 26, 1992 10 f3-451 Table 1 STATISTICAL ANALYSIS' ,aQuare Feet Lower Campus Eristing: 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 251000 Inpatient 115,000 • Subtotal: 140,000 Phases II & ill: 145,349 Total UpM C.amnu 765,349 GRAND TOTAL 1,343383 !brae ll devekq mamtof the upper and ower rumpuses is anticipated to accur over an appmomaa 2D jear period and will likely occur in taveapear ph&= 2 Up to 50% of Ike eoeing upper campus may be red—leppd by matte* Plan buildout 3 Bawd on development allowed under the General Plan at a floor arca ratio to grog Hite area of .G5 for the kmer mmpus end LA for the upper campus Building Bulk limit for the low ompm is 0.90 far a0 druetures wbiek includes above grade covered parking. May 26, 1992 10 f3-451 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 budding permit, plot plans, elevations and aW 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 • CI' Scan • Dialysis F -EG/ • F-EG/EMG/NLCE Laboratory • Fn-st Aid Center • Fertility Services • G.I. Laboratory • Laboratory • Magnetic Resonance Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services May 2k 1942 0 11 3-452 • Radiation Therapy • Radiology • Respiratory Therapy • Sleep Disorder Center • Speech Therapy • Ultrasound i ii Administration . • Admitting • Auxiliary Office • Business Offices • Information • Registration • Patient Relations • Social Services j iii. Support Services: • Employee Child Care • Health Education • Power/Mechanical/Auxiliary Support and Storage • Food Services j • Cashier i • Chapel/Chaplainry Service j • Conference Center I • Dietitian • Gift Shop • Laboratory • Medical Library • Medical Records • Pharmacy . • Engineering/Maintenance • Sbipping/Receiving { • Micrawave, Satellite, and Other Communication i Facilities I iv. Residential Care: • Substance Abuse i • Mental Health Services • Extended Care ; • Hospice Care • Self or Minimal Care • Congregate Care U" 26, 1992 t 12 - j i `i 'i l I r i r 13-453 V. Medical/Support Offices b) Methane gas flare burner, collection wells and associated system May 26,1992 AMk 13 3-454 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: i) Inpatient uses: • Critical Care • Emergency Care Unit • 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 lower as allowed on the campus v) Residential care as allowed on the lower campus vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buildings. May 26,1992 AMk 13 3-454 ' B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport C. Maximum Buildmv Height i 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 Mdrise 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, exd Live 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. Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Eahrbit J. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa / Seafaire Condominiums, as defined below: f a) Upper campus western boundary setback sball 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' minimum building setback. ` f May 26, 1992 14 13-455 LWEN nm DO" NJIUM Ww EM -LVC-OF-ELL LEvIu0waO1- WS/n. W.A8p.4~OW/�f16AWKL � woe a rano DEVELOPMENT CRITERIA eum 3 HOAG-MEMORIAL.HOSPITAL P.RESSYTERIAN---..... k 13-456 may X 7992 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 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 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. 16 '3-457 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 DC 3. 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 Mgbway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. lightins 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 pians 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. Nfinor 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. Sim All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H Paridne All Purldng shall be as specified in Part VII, Hoag Hospital Parking Regulations. hur x IM ,r 17 13-458 All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VEIL I M&Cba_nical and Trach Fncl yg • Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which iliustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. K Internal Circulation 1. 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 a.m. 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 Pian 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, 1942 AWk is t i 13-459 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 attemiation implica- tions of enclosing the loading dock area N 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, 2992 AML 19 3-460 AML VI, HOAG HOSPITAL SIGN PROGRAM A. Ew=se and in em 1. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wail 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. 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -budding, 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 24 M 20 13-461 May 26, 1942 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" avenge 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 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 f teed or double-faced sign. This sign type shall occur with the sign suspended between two upright supports having the same depth (thiclmess) 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 (V131a 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 21 E 13-462 • 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 Ietter from the engineer stating that the requirements has been met. The fighting plan shall be subject to review and approval of the City Planning Department B. Reouirements for Offstreet Parkin Parking requirements for specific sites shall be based upon the parldng 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. Mar 24 IM 3-463 LJ Table 2 PARKING REQUIREMENTS Outpatient Services 20 spaces/1,000 square feet* Support 1.0 spaces/1,000 square feet* Administrative 4.0 spaces/1,000 square feet* Residential Care 1.0 spaces/1,000 square feet* Medical Offices 4.0 spaces/1,000 square feet* Inpatient 1.25 spaces/1,000 square feet' * ' Parking requirements are based on a study performed by DKS Associates in May, 1987. May 26, IM Parking requirement is based on current Hoag Hospital parking demand 23 '3-464 VIII. HOAG HOSPITAL LANDSCAPE REGUTATIONS 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 Planning and Parks, Beaches and Recreation Departments and approved • by the Public Work Departments prior to issuance of a budding permit and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Pian may include a concept for the roofs and the parking structures. 'Nees shall not be used, but a planter box or trellis system shall be designed to provide visual relief of parking structures. All landscaping shall conform to the building height limits established in this teat. 2. Parking lot trees shall be no less than fifteen (15) gallon size. 3. 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. May 26, ruga 24 '3-465 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. 5. Stakes, guys and ties on trees should be checked regularly for correct 0 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. SwdW Ludsovrd Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street A 19 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. fD. Villa Balboa LandscaK 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 Ares 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, IM 25 '3-466 • 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. Map A 1992 13-467 IX. SITE PLAN REVIEW. 01 The City Council finds that development on the West Coast Highway frontage of the Iower 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 S certain individual projects which are proposed by the hospital to differ from the setback, horizontal and vertical articulation requirements as set forth in Section VD.1 to insure that these projects conform with the objectives of the General PIan and the Master Plan for Hoag Hospital. B. 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 Dia anc 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 26,19n 2% 13-468 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, Iocation, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to sole, 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 Cit}; 3. Development shall be sited and designed to maximise 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, IM 28 '13-469 4. Site pian 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. BibLc Hearing - &Wilcd 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 roil 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. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or Standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days following the Commission action thereon unless, within the twenty-one (21) day appeal period an appeal in writing has been fled 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 26, 1M 29 3-470 ♦ , 1 Any Site Plan Review derision 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. 1. 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 Eviration and Revocation of Site Plan Review Aonrovamc 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. I 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 hearing, and shall submit its recommendations to the City Council Tae City Council shall act thereon within 60 days after receipt of the recommendation -of the Planning Commission. (A -A g\1HOAGHosr May 26,1492 k—TI] 13-471 j. rr Of 4 •d•. 7 rrai{r-:t. _ �.a'4l. tigl ]: 1. ��al��� ��,•i.�;�i/.'lit�ilr.).J."I``i'�r ,0b i,-Amro.-vt� t •"!`-�.t�'�t"•' ,;�7%,"��':_ li�� `rl e��'•eo�+'• PIS 1 � � . �: � •!�• .,. f 72 Pli— .0 �d tf�� i �. l Il�� li !t \.~ I. � .� ♦I p Il' . ''' ` '%Tim; �:i`;�::,•,;._ U '3R:�1{'..' _�,.•:�=•�:_ti,�� „�..� r;.l� �_ J: •f` •!; �l.'��'.r int! .:::t:r C_ �� • r► Data pa*mbs& Date VI �1koo: the an dw CRy tf Ne tBeachY�p ,DM Ap►eentent mftw the CRY at Nrwpat Beach and HMO Mentor Pr"e4eerier+' PIS Mrmbptnent Aproemwir)-�• 7hb bpd Certs artRies tte, as 4 to mede d Crailioete' eet tm i CHECK WHERE AMMAKE 1. The DrMlopm M AproemeW ramd u bh tfp and dbcgVo; 2. The Drwioptnettt Apree m t has not Lwan &marded; 3. The DeMeloWMt Apreetaeot hu been ended in ttv tlow 4. � the VV of ft SMOMSeas erM M ddfauR d S The id mbV ddaft edbt under the ds oWff e t Aprerttxt ThbE*"* Cwgkmft nWbemW upon by any amo krterest In the property wtdch Is subJeut of the Deyeiopr"w* Aprwww t. CIN OF h EWPORT BEACH BY: NAME lyrLE: Im"Im u DMIBIi D ww 13-473 EXHIBIT B AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 DATED JUNE 17.2008 13-474 ;0 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 This Document was electronically recorded by ER Cert Mail D Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1®0M®®1MN®®®I NO FEE 2008000289321 12:36pm 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 FIrES CAL GOVT CODE 6 610 (Space above this line for Recorder's use) K }I PT RECORDING REQUE9 PER i'VERNMEN. CODEF 211383 FINAL 5116/06 100DI.34 Hd.O: #58720 vi 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 '3-475 i 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 FROIyt FILING FFFS ['ar r�vCODE �, 1 � (Space above this line for Recorder's use) EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 27363 AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 BETWEEN ^� FINAL 5/16,08 10001.34 H&O: #58720 A HOAG MEMORIAL HOSPTI'AL 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 13-476 AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5 (Hoag Memorial Hospital Presbyterian) THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5 ("Amendment') is entered into and effective on the date it is recorded with the Orange County Recorder (the "Effective Date") by and between the City of Newport Beach (hereinafter "City") and Hoag Memorial Hospital Presbyterian (hereinafter "Hoag"). RECITALS 1. The "RECITALS" to the Restated Development Agreement are amended to add new Sections 1.9 through Section 1.19(1) to read as follows: 1.9 HoagPrope tyr Hoag is the fee owner of approximately 38 acres of real property located in the City divided between the Upper Campus and the Lower Campus and more particularly described in Exhibit "A" and depicted on Exhibit "B" (the "Property'�- 1.10 HM Healthcare Services. Hoag is a modern, state-of- the-art acute care, not-for-profit hospital providing a comprehensive mix of healthcare services to treat virtually any routine or complex medical condition. Hoag features centers of excellence that include Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag Neuroscience Institute, Hoag Orthopedic Services and Hoag Women's Health Services, as well as advanced medical programs in many other specialties. 1.11 Hoaa Community Benefit Programs. In addition to providing state-of-the-art hospital, diagnostic imaging and emergency room care medical services, Hoag is involved in many other community benefit programs such as police and SWAT team, fire department and paramedic support services, designating the City as the point of sale for major hospital equipment purchases and construction projects, providing financial and transportation support for the City's senior Oasis Center, and providing methane gas flare burnoff to mitigate methane gas fames 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 1000!.34 K&c0: #58720 A 13-477 E L 12 EIR No. 142 and P.C. Text. On May 26, 1992, the City Council of City ("City Council") certified the Hoag Hospital Master Pian 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 FootageofBuildableArea. 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. I.14 Development Affeement No 5. On May 26, 1992, the City Council adopted Ordinance No. 924 approving Development Agreement No. 5 between the City and Hoag incorporating the Hoag Master Plan and P.C. Text and granting vested rights to Hoag to develop the Property pursuant to the Hoag Master Plan and P.C. Text for the term of the Development Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on August 4, 1993 as Instrument No. 63-0522236. 1.15 Restated Development Agreement. On February 14, 1994, the City Council of City adopted Ordinance No. 94-8 approving an Amendment and Restatement of Development Agreement No. 5 ("Restated Development Agreement") incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Restated Development Agreement was recorded in the Official Records of Orange County, California on March 23, 1994 as Instrument No, 94-0207276- 1. 16 40207276. 1.16 First Amendment to P.C. Text. On August 13, 2002, the City Council adopted Ordinance No. 2002-17 approving the First Amendment to the P.C. Text to provide that certain non -occupied building areas are not counted towards the maximum permissible building floor areas for development of the Property. 1.17 Noise Limitation. The existing PC Text provides that noise generated from Hoag Hospital from new mechanical appurtenances shall not exceed 55 dBA at the Property lines. This noise limitation was established prior to the adoption of the City's . j FINAL 5/16M8 10001.34 H&O: #58720 vi 2 13-478 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 Agreement Amendments, The City and Hoag propose to further amend the Restated Development Agreement by this Amendment to incorporate references to: a Supplemental EIR; an amendment to the City General Plan; an increase in the Public Benefits; designation of the City as the point of sale to the extent allowed under applicable law; and amendments to the Hoag Hospital Planned Community Text ("P. C. Text") to, among other things: (a) eliminate the reference to 1.0 Floor Area Ratio ("FAR") for the Upper Campus and the .65 FAR for the Lower Campus in the General Plan Land Use Element. In place of the reference to the FAR's, an absolute maximum allowable building area of 1,343,238 square feet will remain available for development of the entire Property comprised of the Upper Campus and the Lower Campus; (b) maintain a cap under the General Plan Land Use Element Amendment for development of the Lower Campus at 577,889 square feet (if no square footage is reallocated) and establisb 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 areduction 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 vl 13-479 (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 (f) incorporate the Second Amendment to the P.C. Text. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 1.5 of the Restated Development Agreement entitled Planning CommissionlCity Council Hearings is amended to read as follows: "l.5 Plannine 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, `1 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.. The Planning Commission, after giving appropriate notice, held a public hearing to consider this Amendment, the Supplemental EIR, the General Plan Amendment, and the Second Amendment to the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008 and March 20, 2008. The City Council conducted a public hearing on this Amendment, the Supplemental EIR, the General Plan Amendment and the Second Amendment to the P.C. Text on April 16,2008." 2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is amended to read as follows: "1.8 Citv Ordinance, On February 14, 1994, the City Council adopted Ordinance No. 94-8 approving a Restated Development Agreement No. 5 incorporating certain provisions clarifying the role, review and approval authority of the California Coastal Commission for development of the Property to ensure consistency and compliance with the California Coastal Act. The Adopting Ordinance became effective on March 16, 1994. On May 13, 2008, the City Council adopted Ordinance No. 2008-10 approving FINAL 5116M 10001-34 u&o: #58720 vI 4 13-480 1 I , this Amendment and :authorizing the City to enter into this Amendment. The adopting ordinance will become effective on lune 12,2008." - 3. Section 2.1 of the Restated Development Agreement entitled The Adopting Ordinance is amended to read as follows: "2.1 The "Adopting Ordinance" refers to City Ordinance No. 948, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. "Adopig Ordinance" fiuther 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 "A ent" 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 Envimnmental Impact Report No. 142 of the City of Newport Beach, and Supplemental Environmental Impact Report No. 142." 6. Section 2.23 of the Restated Development Agreement entitled Master Plan is amended to read as follows: "2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C'), as amended." 7. Section 3 of the Restated Development Agreement entitled Conditions to Development is amended to add a new paragraph after Subsection (f) to read as follows: "Notwithstanding the provisions of this Section, any provisions set forth in this Amendment shall supersede and control over any inconsistencies with this Section." FINAL 5/16r08 10001.34 H&O: #58720 vi 13-481 8. Section 3.3 of the Restated Development Agreement entitled Program EIR is amended to read as follows: 1.3 Proeram Ell 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." 14. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is amended to read as follows: FINAL 5/16/08 10001.34 H&O: #58720 A "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." 59 3-482 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 yearlybasis. The noise assessment shall identifynoise 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 of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things,.the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trials and the potential for those trails to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. Asa part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that maybe permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00)." FINAL 5/16/08 10001.94 H&O: 458720 A 13-483 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 bwiding 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 of City's performance on the Public Improvement Projects shall not be subject to Hoag's approval. The balance of the Development Agreement Fee ($1.5 million) and any funds remaining after the construction of the Priority Public Improvements shall be used by the City in the City's sole discretion to FINAL 5/16/08 10001.34 H&O: 958720 A 13-484 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: ` HNAL 5116108 10001.34 H&O: 458720 A "8.3 Sales/ Use Tax Orifi (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 ofrepordng 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. EE 13-485 Hoag, if readily available, shall provide to the City or any City designated representative the names, addresses, phone numbers and contact name of the general contractor and all subcontractors. (b) Hoag will continue to follow the Direct Payment Permit Process established in the Revenue and Taxation Code and use the permit for all qualifying individual purchases in excess of $100,000 so that the local share of its sales/use tax payments is allocated to the City as the point of sale. (c) It is understood and agreed that any fixtures, materials and equipment with a purchase total that exceeds $100,000 purchased directly by Hoag and shipped to Hoag's Newport Beach location may also be eligible for direct allocation of sales/use tax to the City. Upon request of the City, Hoag will provide City on a semi-annual basis with a list of purchases exceeding the $100,000 threshold during the preceding six-month period, including the amount of the purchase and; if readily available, the name and contact information for the vendor upon request by the r 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 Cityin an effort to improve the direct allocation of the local share ofsales/use tax payments in future periods." 15. A new section, Section 8.4, shall be added to the Restated Development Agreement entitled Sunset View Park Improvements, to read as follows: "8.4 Hoag shall reimburse the Cityup 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." FINAL 5116108 1000134 H&O: 458720 A 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 1't and April 3&, 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. IT Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby amended to delete: "with a copy to: Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613" and to add: "with a copy to: Dennis D. O'Neil Hewitt & O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 FINAL 5/16106 10001.34 H&o: #58720 vl 11 13-487 with a copy to: Gary McKittenck Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, CA 92614-7321" 18. A new Section 11.17 shall be added to the Restated Development Agreement as follows: "11-17 indemnification/Hold Harmless. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment, including, but not limited to, the approval of the Planned Community Text and/or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and/or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Hoag shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition." FINAL 5/16/08 10001.34 H&O: #56720 A 12 iii 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 13,2009" 20. Except as provided for in this Amendment and not otherwise superseded by this Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms, conditions, provisions and exhibits of the Restated Development Agreement continue to have full force and effect as provided therein and this Amendment shall constitute an integral part of the Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and are incorporated into this Amendment in full by this reference. 21. In the event there is any conflict between any provision of the Restated Development Agreement and this Amendment, the later approved and recorded document shall prevail in interpretation, operation and implementation. 22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the effective date of adoption of the Ordinance approving this Amendment. [Signature page follows] FINAL 5/16/08 1000134 H&o: #58720 A 13 13-489 F" 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 OF NE RT B A;H, a municipal corporation of thAtate�(.)rali rriia By: Edw a kh, r OWNER: HOAG MEMORIAL HOSPITAL PRESBYTERIAN, a California onprofit public benefit co ti By: Richard F. Afab , M.D. President and CE (All Signatures to be Notarized) FINAL 5/16/08 10001.34 H&o: #58720 A 14 3-490 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT MAIM— —-c���.>+�aaS..+..� State of California County of r)r 711 66' flf4 , 1 j �. �( i kV-2T- 7On A I� r� before me, Lei LAN; • 1/T�C[U � Y pup W, Data `' tom, � ere Insert ame an Ne of the Offlter personally appeared -Ewt& t3ittrf who proved to me on the basis of satisfactory evidence to comrnl� OWN be the person(s) whose name(e) is/am subscribed to the � , ils*)n 163U77 r within instrument and acknowledged to me that Orange County he/s#teftt�ey executed the same in him authorized MYcomm.l ,��,,1 capacity(ies), and that by hWhe�t 4k signature(&) on the 0instrument the person*, or the entity upon behaff of which the person(&) acted, executed the instrument. LOLL I L 9RO%VN coirrr+twon s tassln Nokw Rrrt - calMfmon 0 , g Canty 10,ft/Comm �fJan25.201 t Place Nalary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myzzzm Signature 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: Signers) Other Than Named Above- Capacity(les) Claimed by Signer(s) Signers Name: C Individual ❑ Corporate Officer—Titfe(s): ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee Top of thumb here 0 Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: Signers Name: 0 Individual ❑ Corporate officer — Title(s): Ci Partner — ❑ Limited U General ❑ Attorney in Fact 0T rustee uardian or Conservator Other. Signer Is Representing: Top of thumb here 02007 Netlanal Notary Asaocla w. 9350 De Soto Ave.,Pa S. X2402•ChetmMh,CA 013}3-2402•www.NatfonatW&Iyorg Item RS00T Reorder: CAMII-Free 1-80GW6%68v 3-491 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGNIENT State of Califomia County of 0g4qj n -e V On MTi9, ZacT before me, 9cLA9L - W7:* e!s me -, P,j.LJ'c , (Here insert name and We of the ofricer) personally appeared _ 4, ?A lel c who proved to me on the basis of satisfactory evidence to be the person(4 whose namam subscribed to the within instrument and acknowledged to me that�akelt 1t0j executed the same in /thtsir authorized capacity(i*, and that by �ef/tNw signature$* on the instrument the person(4 or the entity upon behalf of which the person(4 acted, executed the instrument - 1 certify under PENALTY OF PERRaY under the laws of the State of California that the foregoing paragraph is true and correct. 080RA MIB �WIT�N�EES�S, my hand and official seal- `JD�LJ/.-G - l VWyI�-iy V, SignantrenfNotary Public (Notary ) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT J- 1h If-A]k �ictxlra�ol� (Title a description of attached document) (Title or description of--- document wntinued) Number of Pages 33_ Document Date ,5 q. 3;- (Additional information) CAPACITY CLAIMED BY THE SIGNER LJ Individual (s) 9 Corporate Officer fes;dei(✓ tAard CF (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 200gVcmionCAPAvl2.10.07800.873-9865 www.NotaiyClasses,com INSTRUCTIONS FOR COMPLETING THIS FORM Any aclotowkdgmem compkred in Cahfomio miner conMor verbiage exactly as appears above in the notary section or a separate aclmowkdgment form must be Properly comPkted arsd attached to that document The only exc9dan a if a document Is to be recorded outside of California. in such insineces, any alrerrwtive acknowledgment verbiage as may be printed on such a docaatettt sa long as rfie verbiage does not require the notary m do something that & Ukgal for a notary to Caffarnia 6.e. certifying *e authorized capadry of the signer), Please check the docurnentcarefullyfor propernotarial wording and attach ddv form fregtured • state and County information must be the State and County where the document sigoer(s) personally appeared before the notary public for aclmowlodgnmt • Date of notarization must be the date that the signer(s) pasonaily, appeared wbicb must also be the setae dale the aclawwledgtnent is completed • The notary public must print his or her name as it appears within his or bet Co>rmdssian followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who pusoealiy appear at the time of notarization. • fndieam the correct singular or plural forms by crossing off incorrect forms (ie. kdshe/they; is /are) or circling the correct forms. Failure to correctly indicate this information may lead to ttjcction of document recording. • The notary sen] imptcmiou must be clear and photographically reproducible. Impression smut not cover text or Imes. If seal impression smudges, me -seal if e sufficient arca permits, otherwise complete a difiere nt admowiedgir mt form • Signature of the notary public must match the signature on file with the office of the county clerk. 9 Additional information is not required but could help to ensure this admowiedement is not misused or attached to a differtmt doennenL Indicate title or type of attached document, number of page; and data i� Indicate the capacity claimed by the signer- If the claimed capacity is a corporate off ccr, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 13-492 EXHIBIT A LEGAL DESCRIPTION The subject property is the following real property in the City ofNewport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block i of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. FWAL 5116108 10001.34 H&o- #58720 W A-1 13-493 I I ! .9 MIX MVAVi may, Owr Campus 5p N &oft Lower PARCEL 2 •k Int �7 lz 04 MA01'JP 11i9 ltIMG PAN= $4MMW WMAMM wiaww a camxcw wwrr or og. AM WO&I 13-494 EXHIBIT C HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Adopted May 13, 2008 Ordinance No. 2008-9 Effective Jane 12, 2008 FINIAL. 5116/06 10001.34 H&O: #58720 vi C-1 13-495 HOAG MEMO.RrAL 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 P . 041808&DoC 13-496 Haag Memorial Hospital Presbyterian planned Community Development Criteria and District Regulations TABLE OF CONTENTS Page Number 1. INTRODUCTION 1 U. GENERAL NOTES 2 III. DEFINITIONS 3 IV. DEVELOPMENT PLAN 5 V. DISTRICT REGULATIONS 10 VI. HOAG HOSPITAL SIGN PROGRAM 21 VII. HOAG HOSPITAL PARKING REGULATIONS 23 VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS 24 IX. SITE PLAN REVIEW. 27 F AL_Hoag_PC 04J808a.D0C 3-497 Hoag Memorial Hospital Presbyterian Planned Cvrumana)I Development Criteria and District Regnlatiom LIST OF EXHIBITS 1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 2. VEHICULAR ACCESS 3. DEVELOPMENT CRITERIA 4. PROPOSED SOUND WALL LOCATION PLAN 5. LOADING DOCK AREA LOCATION 6. LANDSCAPE MATRIX 7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 8. COAST HIGHWAY LANDSCAPE SCREEN LIST OF TABLES 1, BUILDING AREA STATISTICAL ANALYSIS 2, PARKING REQUIREMENTS FINAL_Hoag—Fq_041808,LDOC Page Number 7 8 14 19 20 32 33 34 9 23 13-498 Nogg Memorial Hospital Presbyten_ Planned Cumnurnfty Development Crilerfa and Dimnet Regulations I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital -related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the Lower Campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community tent 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. F INAL_Hoag_PC_04 t 808e.DOC 13-499 Hoag Memorial Hospital Presbyterian Planned CommanityDevelopment Criteria and District Begalatfons U. GENERAL NOTES Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K4 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 cosies 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!ns 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_H0ag__W_04 1808a.DC C 2 13-500 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regaladeas i M. DEF MTIONS Building Elevation: i. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2. A flat scale drawing of the front, rear, or side of a building. Building Envelope: The volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: The vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: A service and facility designated to provide acute emergency medical services for possible life threatening situations. Entitlement. Gross Floor Area: Any area of a building, or portion thereof, including the surrounding exterior walls, but excluding: 1. Area of a building utilized for stairwells and elevator shafts on levels other than the first level of a building in which they appear; 2. Area of a medical building, that is not used for general or routine occupancy but rather is for interstial or mechanical occupancies, that measures less than 19 feet from finished floor to ceiling; 3. As applied to new construction permits issued on or after August 13, 2002, area of a building used specifically for base isolation and structural system upgrades directly related to requirements of governmental agencies and is not for general or routine occupancy;and 4. As applied to new construction permits issued on or after August 13, 2002, enclosed rooftop mechanical levels not for general or routine occupancy. First Aid: Low acuity medical treatment for non -life threatening situations. General Plan: The General Plan of the City of Newport Beach and al I 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.) FiNAL_Houp FC_04180&LDOC 3 13-501 i I Hoag Memaria! HIPAI! Presbyterian PI—ed Community Development Criteria and District Regulations i 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. I 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 IioagL_PC_041808&DOC 4 13-502 i I i Koag Me—rial Hospital Presbyterian Planned Community Development Criteria and District Regulafions IV. DEVELOPMENT PLAN Proiect Characteristics The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential developments to the west. The Lower Campus is located north of West Coast Highway, south of the j 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, FehicularAccess, 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 I, 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 !4,)ag has acknowledged that the Environmental Impact Report prepared for the development and implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan is a "Program EIR." The City has prepared and certified two program Environmental Impact Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a Supplemental EIR for the Master Plan Update (SCH41991071003). The EIRs analyze the impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing PINAL_tioag PC 04I808a.DOC 13-503 Hoag Menwnal Hospital Presbyterian Planned Community Development Criteria and District Regulattans 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_041B08aDOC 13-504 vrran tii+mrva t '7 -� AONCD - ., WOgtw6 y IAAORr6DOCKQNdRBY11lN� ANCRURi Buxom if M y. �••�,.f �%1 �••� buREaowemal--- VAorJRISUNE �•fS .S' �`\ Y1UULL8UNE /� amw.ws ,"_i 4 ... � f•.` J90 �L�1�E'Lli�1NE 270GOND'tANE f.�1200chu ._..j- - ..... (`` ?' ._...•a lei_ ^' {. - �. i• 4. '"� ?SURFACE PWR010 PAOIER14pNE., AAC/RC ,� .,1 • ... LOWER CAMPUS Note: Buildings labeled foridentification purposes only PLANNED COMMUNITY SITE AND BOUNDARY MAP 3 ORISI W IM2 SORDINS . Lw A SOUIN NOABOROIE FAMNS / dA NORTH 200 0 10D 200 SCALE: 1"=200' o�� REVISED 01,22.08 N 13-505 LEGEND EalPRIMARY ACCESS (,S.GNALGM) SECONDARY ACCESS PRIMARY110AUWAYS SECONDARYDRIVEWAYAND SERVICE LOADING DOCK (U.40,9.3*V) �Ovax RIIIA-1) M"PArs DA WOMEWSPAVIIIUM 14 Ji waw LOADING Dom 'N. as f ,-l7acAsWUN\ff. 21110CAGWYLAME WH HOAG ............. . . . .... .. ..... ----i - - Nua jW CDW dft ON sow "%WAY Mm Note. Bulldingslabelea for Identification purpmsonty NORTH 100 0 100 200 - F -1--i SCALE:111-2001 REVISED 9 13-506 0 Hoag Memorial Hospital Presbyterian Planned CommanPty Development Criteria and District It lotions TABLE 1 BUILDING AREA STATISTICAL ANALYSIS TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS - NIAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET Maximum Allowable Net Allowable Site Area Buildin Area Existin ' Remainin a U 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. fL 990,349 sq. ft. 2 a w a U 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft_ 389,740 sq.1 577,889 sq. ft. O 0 1,618,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. ft. 3 F- As of the date of adoption. z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus 3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not exceed 1,343,238 square -feet FINAL_Hoag_PC 04I808e.UOC 9 13-507 Hoag Memwia[ Hospital Presbyterian Planned Conmutn4 Development Criteria and Dismct 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 ofthe 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 (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_Hoa�PC 041B08aA0C lC 13-508 I f Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations _._ i I (2) Administration: (a) Admitting (b) Auxiliary Office (c) Business Offices (d) Information Desk (e) Registration (f) Patient Relations (g) Social Services (3) Support Services: (a) Employee Child Care (b) Health Education (c) Power/Mechanical/Auxiliary Support and Storage (d) Food Services (e) Cashier (f) Chapel/Chaplaincy Service (g) Conference Center (h) Dietitian (i) Gift Shop (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 FINAL Hoag PC_041808a.DOC 13-509 Hoag Memorial Hospital Presbyterian Planned Commanity Development Criterie 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 (1) Intensive Care Unit (g) Mother/Baby Unit (h) Surgery (i) Laboratory 0) pha:...acy (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 Permit) b. Accessory uses normally incidental to hospital development. C. Temporary structures and uses, including modular buildings. 5 Does not count toward square -footage FiNAL_Huag_pc_041 SO& DOC 12 13-510 E I I I Hoag Menmrlal Nospita! Presbyterian Planned Community Development Criteria and District Kegulations 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 Buildiu Height The maximum building height of all buildings shall be in accordance with Exhibit 3, Development Criteria Plan, which establishes the following height zones: 1. Upper Campus Tower Zone - maximum building height not to exceed the existing tower which is two -hundred thirty-five (235) feet above mean sea level. 2. Upper Campus Mid -rise Zone - maximum building height not to exceed one - hundred forty (140) feet above mean sea level. 3. Upper Campus Parking Zone - maximum building height not to exceed eighty (80) feet above mean sea level, exclusive of elevator towers. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated by the development criteria shown on Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center which is fifty-seven and one-half (57.5) feet above mean sea level. FJNAL_HOag PC 04I908a.DOC 13 13-511 HExa�rmNEs' ,' ' PPER CAMPUS ZONES TOM ZONE- MAXIMUM sL%jVMNG HEtW 338' AVOW MEAN SFA LM M10108E ZONE- MOMUM BUILDING HEIGHT 140' ABOlIE MEAN SFA LEVEL PARWING ZONE VMMUM SHADING HEIOK 80' ABOVE MEAN SEA LEVEL. E116i11 M OF ELEVATOR TOW LOWER CAMPUS ZONES C� LOWER CAMPUS ZONE. SUB - AREASA, B, C, F, AND G• No BUILDING SHALL EXCEED THE HMGHT OF THE EXISTING SLopE OR THE Q Muec>,+c NEttBt( SUD AREM RANGE OF MAXIMUM BUNDIMG HEM= INDICATED SUB • AREAS O AND E. MAVMUM BURRING HL%W s2 ryg0y wmi�Racm 57.5FEEfABOKff MSEAItvEI aHEIBM, A60VE PNOPwa, WA"E, taxi tr,•ieru NA11UEpP EaAMA� _ _ _ BUNDINM Nk7�3,• AAFAN aB1 i1rV@ Agyy 101E W Frweq; atdy AI•.w +rAt.r�. i72 RVEa+tMEstarEEstv>taex t �.,a.ms i �ea..tz, 2lOPARINUNEI 4k,� J4 - zlauwPEwtE �� 23OU a .tan ..........."`'"''=}c--. '�� �^�" ---- — -- – � , _--tiij• .� f �;: --- - PROPANII'LINE ��at<: .d isy';P '�:` '•rr.:: ;r >f a, ,.� - tt rC3lk,FN, _ t. �•'.4l�iN�.`: ,�p •,.i;•:.. ,�:. ',a__p ,•, �' A.,. •t•c' CEx1EA `,anix'r• �"�_:;�'--..,�,^�'.,`i' CLS ••,�;.; "ti.�° -a t>' . soL'"ON+t'P Iii . , E f.F•� �'�Et /�*'cf� � __ � tCliWrou BWdrg 80ttieo;� . , D . L0AMG DMfUAdwtW&a AWN 2 0C MMun Note: Buildings labeled fir identification purposes only DEVELOPMENT CRITERIA PLAN NORTH J-.-. 100 0 100 300 SCALE:1"-200' REVISED 14 13-512 I J j Kuag Memorial Hospital Presbyterian Planned Community Development Criteria and Disyn,1 Regulations I 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 (l50) 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 Ist 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 i 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. i In addition, vertical articulation shall be required for buildings westerly of the f signal for buildings within one -hundred fifty (150) feet of the West Coast I Highway frontage, as follows: 1 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. r FINAL_Hoag PC_Q41808e.DOC 15 11 y! 13-513 f%ag Memorial Hospital Presbyterian Planned Co—unit}y 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, 201/o 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. FINAI_Haag PC Q4I908a.DOC 16 13-514 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations G. 5jus All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. 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 penmitted delivery hours and access limitations shall be installed and maintained at all times_ Night time deliveries and vehicular access to the loading area located along West Hoag Drive are allowed where critical supplies, services or materials are necessary for the continued operation of the hospital. L. Loading Dock The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to issuance of required permits. To the maximum degree feasible, the sound wall shall be constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to reduce the noise levels in the Loading Dock Area shall be incorporated into the design and operations of the hospital; such mitigation shall include relocation of the trash compactor and baler, limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor. r) FINAL_Hoag_PC 0418o8a-DOC 17 13-515 Hoag Y1er"al Hospital Presbyterian Planned Community Derelopment Crileria and Dm,xl i?egaladons M. Noise Standards Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach Noise Ordinance, except as noted below for the Loading Dock Area. Refer to .Exhibit 5, Loading DockArea Location, for the location. 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 shad] 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_Ffoag_PC 04I808a.DOC 18 13-516 LEGEND Existing Fence.: Property u Easeftient Line - — — — — — — — 18.5'High Wall, 23, High Wall 17" High Wall ................ 141 -High Will NOTE Sound Wall IS apppaximately 470 Ulteer Feet Sound Wall height Measured from adjacent roadway surli It oA i. k. lit .......... LEGEND Existing Fence.: Property u Easeftient Line - — — — — — — — 18.5'High Wall, 23, High Wall 17" High Wall ................ 141 -High Will NOTE Sound Wall IS apppaximately 470 Ulteer Feet Sound Wall height Measured from adjacent roadway surli rd A. A I& IP & �m k: 0050113 a5'7* t?.44 A -A, SOUND WALL LOCATION PIAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN A013,2008 0 40 so EXHIBIT 13-517 its ct, rd A. A I& IP & �m k: 0050113 a5'7* t?.44 A -A, SOUND WALL LOCATION PIAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN A013,2008 0 40 so EXHIBIT 13-517 LEMD PROPERTY LINEAS IDWnFMD IM=noN M.1.. DISTRICT REGULATIONS LOADING UQCXARrAAS IDENTIFIED IN SECTION Al2, pIMICT REGULATIONS f, MURCLAK 2"ChNOIAW X "ilL! _v4p ,u 4 zz- LOWER CAMPUS Nota BWkfinJP labeled for Iderocabon puM.. l,, WADING DOCK AREA UPPER CAMPUS J . . . . . . . . . . it iq4i 0 Er" PEI mm 77, 1 0 100 200 SCALE: V-200- 20 13-518 Haig Memorial Hospital P1es6ytM1i- Ptaaned Community Development Criteria and District R ulaVions VI. HOAG HOSPITAL SIGN PROGRAM A. Purpose and Intent I. 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 Sian Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground - mounted or on -building, may be illuminated or non -illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 2• All signs attached to building or facility exteriors shall be mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110-L. 5. For purposes of this section, a building shall be defined as any occupied structure or any occupied portion of a structure that is constructed as an addition to an existing structure and identified as a separate building for way Ending purposes. Individual building numbers uniquely define the buildings on the Hoag campus. C. Number of Signs Allowed i 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 r]N AL_Hoag_PC_041808a.D0C 21 r 13-519 i I i fXoag Memorial Haspifal fr-bYfeffan Planned Conumrnily Development Criteria and District Regalations i 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 0 I) feet average height above finished grade. 1 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. & 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. g- Each public parking structure shall be allowed one (1) identification sign above each entrance and exit of the structure. The maximum sign area of each identification sign shall not exceed thirty (30) square feet. Adjacent regulatory parking signage does not count toward the maximum sign area. FINAL Hoag_pC 04l808a.DOC 22 13-520 Joag hfemorial lfospital Presbyterian .Planned Community Development Criteria and District Regulations VII. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the City Tragic 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. Rectuirements 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 Cate1Z 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. P1NAL_Hoap._PC_04I Boga.DOC 23 13-521 Hoag Afemonal F ,,,,prtal Presbyterian Planned Conn -ndy Development Critena and Drslrtet ReguWions VM. HOAG HOSPITAiL LANDSCAPE REGULATIONS A. General Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the City prior to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall include a concept for rooftop parking and parking structures 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. 3. Shrubs to be planted in containers shall not be less than five (5) gallon size. Ground covers will be planted from one (1) gallon containers or from rooted cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed as necessary to avoid damage to trees, irrigation systems, shrubs and other planting materials. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing or the introduction of irregular groupings may also be considered to add interest and variety. Care should be exercised to allow plants to grow and maintain their mature size without restriction. 7. Emphasis shall be placed on the use of native, drought -tolerant, non-invasive plants on the Lower Campus. On the Upper Campus, naturalized vegetation selections, as well as those plants allowed on the Lower Campus, will be emphasized. Automatically controlled irrigation systems shall be designed to avoid surface runoff and over -watering. 8. Installation and maintenance of landscape, screening and irrigation systems per Exhibit #6, Exhibit 47 and Exhibit #8. All improvements shall be shown on landscape and irrigation plans to be reviewed and approved by the Planning Department and which shall be in substantial compliance with the Exhibits #6, #7 and #8. Hoag shall complete all of the improvements within the timelines set forth in Exhibit #6. FINAL Hoag PC 04I808a.DoC 24 13-522 Noag Memorial HosWaf Presbyterion Planned Community Development Criteria and District Regulations B. Maintenance All planting areas are to be kept free of weeds and debris and cultivated as necessary to maintain. 2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly. 3. All plantings are to be kept in a healthy and growing condition. Fertilization, cultivation and tree pruning are to be carried out as part of a regularly scheduled annual maintenance program. 4. Irrigation systems are to be kept in good working condition at all times. On- going monitoring, adjustments and cleaning of systems are to he part of regular maintenance procedures. 5. Stakes, guys and tree ties on trees should be checked regularly for correct function; ties shall be adjusted to avoid creating abrasions or girdling of branches or central leaders. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. 7. Plantings and irrigation are to be maintained in accordance with the approved - plans. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required along West Coast Highway. Only driveways, parking and signage structures are allowed in the setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Installed trees are to be no smaller than twenty-four (24) inch box. D. Villa Balboa Landscape Zone The area between the Hoag property line and the sound wall will be referred to as the Villa Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific landscape process to ensure consultation with Villa Balboa on the planting and maintenance of the area. Existing landscaping on Villa Balboa's side of the wall shall be preserved to the extent feasible or replaced with specimen plant material as designated on a plan to be approved by the Planning Director after consultation with the Villa Balboa Community Association. The plan PtNAL_Hoar_PC 04I808a.DOC 25 13-523 Koag Meowrial Mospnal Presbyterian Planned Conunundty Development Criteria and Afstrlct Regu/atlons shall also include sufficient additional landscaping to screen or soften the soundwall required pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag's property and to the extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall maintain such new plant material on Villa Balboa's property for a period of two years after installation to ensure healthy growth. All landscape installation shall occur within 45 days of the completion of the wall or earlier. Any future modifications made to said wall and landscaping shall be reviewed and approved by the Planning Director. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area landscape calculations. Planting of trees may be in groups and need not be regularly spaced. Alternative landscape programs may be developed including perimeter parking area landscaping, terming 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 HoaF PC 041806afDOC 26 13-524 Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Reguladons IX. SITE PLAN REVIEW A. Purpose -- Tt,, Council finds that develops, ,,rt 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: Any project that differs from setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. Planning Director's review: Any project that could have the potential to generate emissions that could have an impact to visual resources. 2. Any project that could have the potential to generate emissions creating objectionable odors or other impacts to air quality. v 3. Replacement of existing cooling towers, exaep4€er-eaqual#�,; 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: F1NAL Haag_PC 04180Ba.DOC 2% 13-525 Xoag Mentorud ffospftar Presbyterian Planned Conununfty, e'v*ptnent Criteria and Dismet 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 plan shall show the location of entrances and exits, and the direction of traffic -low 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 Iandscaped 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 Citywith 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 �`—' rINAL_Houg_PC_04(808aD0C 28 13-526 1 i Hoag Memar&f 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 Hestina - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed -notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Director If all applicable standards established by this Section are met, the Planning Director shall approve. the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Director shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Director shall be subject to review by the Planning Commission either by appeal, or upon its own motion, or upon the request of the Planning Director. The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one (21) days following the Director's action thereon unless, within the twenty-one (21) day appeal 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 PIanning 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_Hoap P'C_04I808a.DOC 29 13-527 Haag Memorial Hos ital Presbyterion Planned Common[ Development Criteria and DisW d Reguladomy 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 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection there with. 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. FINAL HMEg P(;_041808a.DQC 30 13-528 .tib' 3 et✓�. v" a''' Pra`i ��-�„��rx}���c. Exhibit #6 . 31 Y)6�WB 13-529 HGAG LOWER CAMPUS IMPROVEMENT PLAN Exhibit #7 32 13-530 IL HGAG LOWER CAMPUS IMPROVEMENT PLAN Exhibit #7 32 13-530 ------- \�� '- ---------' -- F. �� PARTIAL ELEVATION HDag Mem al PFasbytodan Exhibit No 32 W34/am STATE OF CALIFORNIA } COUNTY OF ORANGE 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 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: Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich Noes: None Absent: Webb Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 141h day of May 2008. (Seal) 0 �U /k.►iJ '/7). City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, 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 13-532 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- 13-533 EXHIBIT D LEGAL DEPICTION OF PROPERTY -D1- 13-534 r41w an ija0[f am t AIM M� so N Cma m x v ASWSWn Abu m oM4UPACI Off OF OR. 13-535 EXHIBIT F MELINDA HOAG SMITH CENTER FOR HEALTHY LIVING AGENCY PARTNERS F1 13-536 zklil'-: (1):V"'.4 1 L - Melinda Hoag Smith Center for Healthy Living 13-537 The Melinda Hoag Smith Center for Healthy Living (MHSCHL) is a robust one -stop -shop of interconnected and supportive services that promote health and well-being. The Center houses a wide variety of non-profit partner agencies and the programs that address key issues affecting the health of our community. The Center provides culturally sensitive services and resources that enable prevention, address the root causes of disease and improve health outcomes. Services are offered in English and/or Spanish depending on the program. There is no fee to become a member of the Center. The membership provides access to a majority of agencies and services, at no cost, however there may be health insurance prerequisites. For more information or to set an appointment, please call us at 949-764-6551 or stop by for an in person visit. Hours of Operation: Monday -Friday 8 a.m. — 7 p.m. I Saturday 8 a.m. — 4 p.m. Vision Inspire and empower our community to take control of their own health and wellbeing. Provide culturally sensitive services and resources that enable prevention, address the root causes of disease and improve health outcomes. Offer services that meet the needs of the whole person: mind, body and spirit. Mission To work synergistically in a shared location with our partner agencies and community residents to bridge the gaps in services, build capacity and maximize impact in our under - resourced communities. 13-538 Partner agencies and programs offered include. Academy of International Dance Ballet and hip-hop classes Art and Creativity 4 Healing Art workshops designed to aid with stress reduction and to increase coping skills Be the Change Yoga Yoga classes for all levels Big Brothers Big Sisters of OC Youth mentoring for those 6 -16 years of age __...__._.__...----.-- Cancer Kinship Mentorship, education and support programming for cancer patients in any stage of diagnosis, — treatment or remission Children's Bureau General needs assessment, case management and linkage to resources Healthy Habits educational series Children's Health Connection Provides connections to health services, health screenings and health education along with safety equipment CHOC PODER (Prevention of Obesity and Diabetes through Health and wellness education including nutrition and physical fitness Education and Resources) CIELO - (Community for ; Support and educational workshops related to business and entrepreneurial skills, resume Innovation, Entrepreneurship, ; writing, financial and computer literacy Leadership & Opportunities) Community Action Partnership Healthy Couples/Families workshops which focus on enhancing interpersonal skills and problem solving skills Social, educational and support services for children and families. Services offered in Costa Mesa Family Resource Center English/Spanish. Collaborative partners: Human Options, Children's Bureau, Girls Inc., - Raise Foundation, Help Me Grow, and Strong Families Strong Children. Council on Aging English as a Second Language (ESL) classes for adults; Balance and Mobility classes; computer skills classes; HICAP - support & education regarding MediCare benefits CPR, First Aid Certification CPR and First Aid Certification for adults Crime Survivors groups, self-defense classes and resources for victims of crimes Drumming Circles �:'•—Support Stresl s reduction drumming circles for adults Girls Inc. Afterschool programming for boys & girls: homework support; spring and summer camps; dance classes; Science Technology, Engineering, Arts and Math (STEAM) classes Help Me Grow OC - _ Developmental screenings for young children; resources for enhancing child development Haag - ASPIRE (After School i Intensive Outpatient Program (IOP) for 13-17 year olds experienc ng mental health Program: Intervention and difficulties; program guides teens and their families through skills -based training. Resiliency Education)— _ (Need private health insurance) Hoag - Case Management Case management and linkage to resources Hoag - Health Coaching Health and wellness coaching Hoag - Health Ministries Faith community nursing outreach, seasonal flu clinic and blood pressure clinics Short term outpatient counseling services for individuals, couples and/or families Hoag - Mental Health Center Support groups and educational classes English, Spanish and Farsi speaking therapist (Sliding -scale fee) Hoag - OC Vital Brain Aging Program Complimentary memory screening for adults over age 45 Hoag - Promotora/Community Health Worker d resources for adults experiencing stress and mental health challenges Support anes 9 Human Options Domestic violence prevention and intervention services, counseling, parenting classes, — PEP (Personal Empowerment Program), support groups MOMS OC Preparation for childbirth classes, Mommy & Me classes NAMI - National Alliance for the ! Support groups and educational classes for family members and caregivers who have a loved Mentally III one (child or adult) living with mental illness Olive Crest Parenting classes Orange County Department of Child Support Services I t Assistance for parents with obtaining, modifying and collecting child support i Orange County Public Health Nursing { Nursing case management, nursing assessment, health educatio-i �1 13-539 Partner gencies and programs offered it-IC[Li 9e: is - Pilates I Pilates classes for adults Project Youth, OC Bar Foundation Youth diversion programs - "SHORTSTOP" and "Stop Short of Addiction"; Health and wellness programing for women - "Madres Unidas" Project Self Sufficiency Support, mentoring and linkage to resources for single parents enrolled in college Public Law Center Civil legal services and individual counseling focusing on family law related matters for low income adults and families Linkage to resources, assistance with applications for government programs: Raise Foundation MediCal, CalFresh (food stamps); CalWorks (Cash aid); Volunteer opportunities through: Youth Advisory Council (YAC); Community Engagement Advisory Committee (CEAC) Second Harvest Food distribution for families in need (must be an adult to participate) SOS Children & Family Health Center Full scope primary care including preventive health care, urgent medical care and chronic disease management (health insurance requirements and/or sliding scale available) SOS Dr. Robert &Dorothy -- Beauchamp Child and Family General and specialty dental services for infants to adults Dental Center SPIN - Serving People in Need Housing assistance for families in need, GAPP -guided assistance to permanent placement Strong Families Strong Children I Team of peer navigators and clinical case managers help provide support, resources, and counseling for active duty or veteran family members Susan G. Kamen OC I Breast health and cancer prevention education, mammogram screenings, survivor support groups United Way L Tax preparation assistance for low income families Youth Employment Services I Securing and maintaining employment assistance for 16-24 year olds Zumba ' Zumba classes for adults and Zumbini classes for adult caregivers and young children Nlelinda Haag Smith Center for Healthy Living 307 ?lacentia Avenue Newport Beach, CA 92663 On the corner of Placentia and Hospital Road (across the street from Hoag Hospital). Entrance to parking lot is off Placentia. i !'1elinda Hoag smith Center for Healthy Living '.� 15th St y P .,A 307 Placentia Avenue Newport Beach, CA 92663 949-764-6551 hoag.org/MHSCHL 22 13-540 Attachment B Hoag's Extension Request Letter 13-536 PA2020-065 i oag April 10, 2020 Mayor Will O'Neill City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Hoag Memorial Hospital Presbyterian- development Agreement No. DA2018-004 Request for One Year Extension Dear Mayor O'Neill and Members of the Newport Beach City Council: The Hoag Memorial Hospital Presbyterian Development Agreement 10 -year extension was approved by the City Council on July 9, 2019. The extension included a three million dollar ($3,400,000) Public Benefit Fee which was to be paid by Hoag on annual basis in equal payments of three hundred thousand dollars ($300,000-) On December 19, 2019, Hoag made a good faith early payment of the first- and second -year's payments per the agreement of six hundred thousand dollars ($600,000.) Based on the Gty's approval of the 10 -year extension, Hoag diligently commenced working on new plans and concepts for the Hoag Campus. Unfortunately, due to the COVID 19 Pandemic, Hoag has had to direct its full focus and resources towards addressing this medical crisis. Our planning efforts have been entirely put on hold and we project it will take us approximately a year to retool. Given these circumstances, we hereby request the City to extend our DA an additional year from its current timeframe of 2019-2029 to a one-year extension of 2419- 2030. Thanks for your timely attention to this matter. Sincerely, HOAG MEMORIAL HOSPITAL PRESBYTERIAN -- _M Sariifvrd-t. mi Senior Vice President Real Estate, Facilities and Construction 13-537 Attachment C Planning Commission Resolution No. PC2020-026 13-538 DocuSign Envelope ID: 48F9FA45-6366-476B-AA08-126D2467CODB RESOLUTION NO. PC2020-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A FOURTH AMENDMENT TO THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN DEVELOPMENT AGREEMENT (DA2020-003) FOR THE PROPERTY LOCATED AT 1 HOAG DRIVE (PA2020-065) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 ("Agreement") between the City and Hoag Memorial Hospital Presbyterian ("Hoag"). Ordinance No. 94-8 went into effect on March 16, 1994. The Agreement was executed and recorded, as document number 94-0207276, on March 23, 1994. The term of the Agreement was twenty- five (25) years. 2. On May 13, 2008, the City Council adopted Ordinance No. 2008-10 approving an amendment to the Development Agreement ("Amendment") that went into effect on June 12, 2008. The Amendment was executed and recorded, as document number 2008000289321, on June 17, 2008. 3. On March 12, 2019, the City Council adopted Ordinance No. 2019-6 approving a second amendment to the Agreement ("Second Amendment") that went into effect on April 11, 2019. The Second Amendment was executed and recorded, as document number 2019000188999, on June 3, 2019. The Second Amendment to the Agreement extended the Term of the Agreement for an additional six (6) months. 4. On July 23, 2019, the City Council adopted Ordinance No. 2019-12 approving a third amendment to the Agreement ("Third Amendment") that went into effect on August 22, 2019. The Third Amendment was executed and recorded, as document number 2019000318392, on August 27, 2019. The Third Amendment extended the Term of the Agreement for an additional ten (10) years in exchange for certain community public benefits provided by Hoag. The existing development regulations and required mitigation measures as provided in the Agreement and subsequent amendments remained unchanged by the Third Amendment. 5. Hoag has requested a fourth amendment to extend the Term of the Agreement an additional one (1) year in light of COVID-19-related impacts that have constrained the ability to plan for the development allowed by the Agreement as amended ("Fourth Amendment"). The existing development regulations and required mitigation measures as provided in the Agreement and subsequent amendments remain unchanged by this Fourth Amendment. 6. Section 15.45.040 (Development Agreements) of the Newport Beach Municipal Code ("NBMC") requires that development agreements include the term, permitted uses, density and intensity of development, maximum height and size of proposed buildings, and 13-539 DocuSign Envelope ID: 48F9FA45-6366-476B-AA08-126D2467CODB Planning Commission Resolution No. PC2020-026 Paae 2 of 4 provisions for reservation or dedication of land for public purposes. The Fourth Amendment meets the requirements of Section 15.45.040 (Development Agreements) of the NBMC. The Agreement, as amended, includes the permitted uses, density and intensity of development, maximum height and size of the proposed buildings and provisions for reservation or dedication of land for public purposes. None of those provisions are changed by this Fourth Amendment. This Fourth Amendment exclusively requests a one (1) year extension of the Term of the Agreement. 7. The Planning Commission held a telephonic public hearing on July 9, 2020, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID- 19, at which time the Planning Commission considered the Fourth Amendment. A notice of time, place, and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), California Government Code Section 65867 and Section 15.45.050 (Public Hearing -Notice) of the NBMC. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. In accordance with the California Environmental Quality Act ("CEQA") set forth in the California Public Resources Code Section 21000, et. seq. and its implementing State regulations set forth in the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"): 1. On May 11, 1992, the Newport Beach City Council certified Final Environmental Impact Report ("FEIR") and Supplemental Environmental Report ("SEIR") No. 142 (SCH No. 1992101159) that addressed the potential environmental effects associated with the Hoag Hospital Master Plan development program ("Project"). 2. On April 16, 2008, the City Council certified a Supplemental FEIR (SCH No. 1991071003) ("FEIR") in accordance with Public Resources Code Section 21000, et seq. and the State CEQA Guidelines to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program pursuant to Resolution No. 2008-27. The FEIR and SEIR are incorporated herein by this reference. 3. All significant environmental concerns for the Project are addressed in previously certified FEIR and SEIR No. 142. The Fourth Amendment does not change the Project but rather only extends the Term of the Agreement by two (2) years to account for COVID-19 related impacts. The Fourth Amendment does not amend any development standards, development requirements, or required mitigation measures identified in FEIR No. 142 and the SEIR. The Planning Commission 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. SECTION 3. FINDINGS. 13-540 DocuSign Envelope ID: 48F9FA45-6366-476B-AA08-126D2467CODB Planning Commission Resolution No. PC2020-026 Paae 3 of 4 1. The Planning Commission finds the Fourth Amendment is consistent with the City of Newport Beach General Plan Policy LU 6.1 and 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. The Agreement and subsequent amendments provide appropriate development assurances to Hoag to plan for the future while also providing appropriate safeguards to protect the community. The COVID-19 crisis has interrupted and delayed Hoag's ability to plan for the development authorized by the Agreement as amended. Extending the term of the Agreement, as amended, by two (2) years furthers the LU 6.1 and Strategy 6.1.5 priorities by allowing Hoag additional time to properly plan once the COVID-19 outbreak has been suppressed. 2. The City Council previously found the Agreement and subsequent amendments consistent with Section 15.45.040 (Contents) of the NBMC as it included 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. With the exception of the Term, all of the other necessary components articulated above, remain unchanged by this Fourth Amendment. 3. The Planning Commission finds the Fourth Amendment is consistent with provisions of California Government Code Sections 65864 to 65869.5 and Chapter 15.45 (Development Agreements) of the NBMC 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. COVID-19 has put a strain on the healthcare system and demands Hoag's full attention as a regional provider treating those sick with the virus. Temporary closures in the development industry resulting from COVID-19 have also effectively reduced the time Hoag has to act on the by -right development provisions of the Term. If the two (2) year extension is not granted, Hoag might divert its attention from COVID-19 to plan for future development. They might also incur increased development costs and needless expenditure of time and resources because long-term development plans would need to be reconstituted under a tighter future timeframe. Hoag intends to exercise the development assurances of the Term completely to invest vital healthcare infrastructure in the community, and needs two (2s) additional year to account for the unforeseeable complications from COVID-19. 13-541 DocuSign Envelope ID: 48F9FA45-6366-476B-AA08-126D2467CODB Planning Commission Resolution No. PC2020-026 Paae 4 of 4 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach, California hereby recommends to the City Council: All significant environmental concerns for the Project have been addressed in the Final Environmental Impact Report ("FEIR") and Supplemental Environmental Report ("SEIR") No. 142 (SCH No. 1 9921 01 1 59) and no new or additional impacts will result from the Fourth Amendment. The Fourth Amendment does not change the Project but rather only extends the term of the Agreement by two (2) years to account for COVID- 19 related impacts nor does it amend any development standards, development requirements, or required mitigation measures identified in FEIR No. 142 and the SEIR. 2. Adopt the Fourth Amendment to Restated Development Agreement No. 5 between the City of Newport Beach and Hoag Memorial Hospital Presbyterian to extend the term of the amended Agreement by two (2) years. Except as modified by this Fourth Amendment, the Planning Commission recommends the amended Agreement remain in full force and effect. PASSED, APPROVED, AND ADOPTED THIS 9t" DAY OF JULY, 2020. AYES: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: ABSTAIN: Ellmore ABSENT: DocuSigned by: BY: 1B11FE6C7A05L61... Erik vvciydi iu, C idir OocuSi_gned by: BY: FAMA16800BMCC... Lauren merman, Secretary 13-542 Attachment D Planning Commission Minutes 13-543 ITEM NO. 3 HOAG DEVELOPMENT AGREEMENT ONE-YEAR EXTENSION (PA2020-065) Site Location: 1 Hoag Drive Summary: The City and Hoag Memorial Hospital Presbyterian ("Hoag") entered into a Development Agreement ("Agreement") in 1994 to ensure the orderly development of the hospital over time. On July 23, 2019, the City Council approved a third amendment to extend the 25 -year Term of the Agreement for an additional ten (10) years in exchange for certain community benefits provided by Hoag. Hoag has requested a fourth amendment to extend the Term of the Agreement for one (1) additional year in light of COVID-19-related impacts that have constrained their ability to plan for the future development of the hospital campus consistent with the amended Agreement. The Agreement grants Hoag the vested right to develop the hospital campus consistent with an extensive set of regulations and mitigation measures, all of which would remain unchanged by this proposed fourth amendment. Recommended Action: 1. Conduct a public hearing; 2. Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and 3. Adopt Resolution No. PC2020-026 recommending City Council adoption of Development Agreement No. DA2020-003 amending Amended and Restated Development Agreement No. 5 to extend the Term of the Agreement by an additional one (1) year. Commissioner Ellmore recused himself from the item as he serves on an advisory panel for Hoag Hospital. Assistant Planner Patrick Achis reported Hoag Hospital requests a fourth amendment of the Development Agreement to extend the term by one year in light of COVID-related impacts constraining its ability to plan for development. Under the current Development Agreement, Hoag has the right to develop the hospital campus consistent with an extensive set of regulations and mitigation measures, none of which are affected by the proposed amendment. In 2019, the City Council approved an extension of the Development Agreement to 2029 in exchange for community benefits. With approval of the proposed amendment, the term would extend to 2030. Hoag intends to fully exercise the development allowances under the agreement and requires one additional year to account for COVID-19 complications and delays to planning and development. In response to Commissioner Klaustermeier's question, Assistant Planner Achis advised that the terms relative to the public benefits will not be affected by the proposed amendment. Commissioners Rosene and Klaustermeier and Vice Chair Lowrey disclosed no ex parte communications. Commissioners Kleiman and Koetting and Chair Weigand disclosed communications with applicant's consultant. Chair Weigand opened the public hearing. Sanford Smith, Hoag Hospital Senior Vice President for Real Estate and Facilities, indicated the majority of planning work has been delayed in order to address the current COVID-19 crises. In reply to Chair Weigand's inquiry, Mr. Smith related that elective procedures have been postponed and patients have avoided hospital services in response to the stay-at-home order. The hospital has focused on crisis response. Planning for the hospital campus has not been and will not be a focus for at least a year. Jim Mosher, a member of the public, commented that if the applicant's consultant is a lobbyist and has not registered with the City, he should do so. Mr. Mosher questioned whether the public benefit provided in the Development Agreement should be amended to allow some flexibility in its use. Chair Weigand did not believe renegotiation of Development Agreement terms is within the Planning Commission's purview. 1 of 2 13-544 Planning Commission Minutes July 9, 2020 Chair Weigand closed the public hearing. Motion made by Commissioner Rosene and seconded by Commissioner Klaustermeier to approve the staff recommendation. Substitute Motion made by Commissioner Koetting and seconded by Vice Chair Lowrey to approve a two- year extension of the Development Agreement Term. Chair Weigand shared his opinion of the Development Agreement in light of the services Hoag Hospital provides to the City and the community. The Substitute Motion was approved by the following vote: AYES: Weigand, Lowrey, Kleiman, Klaustermeier, Koetting, Rosene NOES: RECUSED: Ellmore ABSENT: 2 of 2 13-545