HomeMy WebLinkAbout2021-23 - Amending a Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2021-001)ORDINANCE NO. 2021-23
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. DA2021-001)
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");
WHEREAS, 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");
WHEREAS, 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;
WHEREAS, the Amendment was executed and recorded, as document number
2008000289321, on June 17, 2008, and did not modify the Term of the Development
Agreement;
WHEREAS, on March 12, 2019, the City Council adopted Ordinance No. 2019-6
approving a second amendment to the Development Agreement ("Second
Amendment") that went into effect on April 11, 2019;
WHEREAS, the Second Amendment was executed and recorded, as document
number 2019000188999, on June 3, 2019, and extended the Term of the Development
Agreement for an additional six (6) months;
WHEREAS, 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;
Ordinance No. 2021-23
Page 2 of 7
WHEREAS, the Third Amendment was executed and recorded, as document
number 2019000318392, on August 27, 2019 and extended the Term of the Agreement
for an additional ten (10) years in exchange for certain community public benefits
provided by Hoag;
WHEREAS, on August 25, 2020, the City Council adopted Ordinance No. 2020-
18 approving a fourth amendment to the Agreement ("Fourth Amendment") that went
into effect on September 24, 2020;
WHEREAS, the Fourth Amendment was executed and recorded, as document
number 2019000188999, on September 10, 2020 and extended the Term of the
Agreement for an additional one (1) year to September 15, 2030, in light of COVID-19-
related impacts that have constrained Hoag's ability to plan for the future development
of the hospital campus consistent with the amended Agreement;
WHEREAS, the existing development regulations and required mitigation
measures as provided in the Agreement and subsequent amendments remained
unchanged by the Fourth Amendment;
WHEREAS, Hoag requests a fifth amendment to extend the Term of the
Agreement for an additional ten (10) years in exchange for certain community public
benefits ("Fifth Amendment");
WHEREAS, the Fifth Amendment would include a new "milestone" requirement
for Hoag to submit a progress report to the City by September 1, 2030, regarding the
project's construction and timeline;
WHEREAS, the existing development regulations and required mitigation
measures as provided in the Agreement and subsequent amendments would remain
unchanged by this Fifth Amendment;'
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 15.45.040
(Contents) 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 subsequent amendments provide
the necessary considerations of Section 15.45.040 (Contents) and include certain public
benefits in exchange for vested rights to develop over the term of the agreement;
Ordinance No. 2021-23
Page 3 of 7
WHEREAS, pursuant to NBMC Chapter 15.45 (Development Agreements), the
Planning Commission held a public hearing on September 9, 2021, in the City Council
Chambers, located at 100 Civic Center Drive, Newport Beach, California, at which time
the Planning Commission considered the Fifth Amendment. A notice of time, place, and
purpose of the hearing was given in accordance with the California Government Code
Section 54950 et seq. ("Ralph M. Brown Act"), California Government Code Section
65867 and Section 15.45 (Development Agreements) of the NBMC. Evidence, both
written and oral, was presented to and considered by the Planning Commission at the
hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. 2021-26 recommending approval of Development Agreement No. 2021-
001 (PA2021-184) extending the development agreement an additional ten (10) years in
exchange for certain community public benefits;
WHEREAS, the City Council held a public hearing on October 26, 2021, in the
City Hall Council Chambers, 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, Government Code Section 65867 and Chapter 15.45
(Development Agreements) of the NBMC. Evidence, both written and oral, was
presented to and considered by the City Council at the hearing;
WHEREAS, the City Council finds the Fifth Amendment is entered into pursuant
to, and constitutes a present exercise of, the City's police power;
WHEREAS, the City Council finds the Fifth Amendment is in the best interests of
the health, safety, and general welfare of the City, its residents, and the public;
WHEREAS, the City Council finds the Fifth Amendment is consistent with the
General Plan Policy LU 6.1 Strategy 6.1.5 by supporting Hoag in its mission to provide
adequate facilities to meet the needs of area residents and by working with Hoag to
ensure that future development plans consider its relationship to and assure
compatibility with adjoining residential neighborhoods and mitigate impacts on local and
regional transportation systems;
Ordinance No. 2021-23
Page 4 of 7
WHEREAS, the City Council finds the Fifth Amendment is consistent with NBMC
Section 15.45.040 (Contents) as it, and its prior amendments, include 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;
WHEREAS, the City Council finds the Fifth Amendment is consistent with
provisions of state law (California Government Code Sections 65864-65869.5) and local
law (Municipal Code chapter 15.45 (Development Agreements)) 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; 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.
NOW THEREFORE, the City. Council of the City of Newport Beach ordains as
follows:
Section 1: 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.
Ordinance No. 2021-23
Page 5 of 7
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 Fi`rial EIR was to analyze the potential impacts of the
proposed changes to the Hoag HosIpital 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 Fifth Amendment does not change the Project but rather only extends the
Term of the Development Agreement and provides additional public benefit. The Fifth
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 recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: The Amendment to the Amended and Restated Development
Agreement No. 5 between Hoag Memorial Hospital Presbyterian and the City of
Newport Beach (Development Agreement Amendment No. 2021-001) attached as
Exhibit "A" is approved.
Ordinance No. 2021-23
Page 6of7
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 Amendment to the
Amended and Restated Development Agreement No. 5 (Development Agreement
Amendment No. 2021-001) and/or the City's related California Environmental Quality
Act determinations related to this project. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Hoag, City, and/or the parties initiating or bringing such
proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
Ordinance No. 2021-23
Page 7 of 7
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.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 26th day of October, 2021, and adopted on the 16th day
of November, 2021, by the following vote, to -wit:
AYES: Mayor Avery.Mayor Pro Tem Muldoon Council Member Blom
Council Member Brenner Council Member Dixon Council Member
Duffield Council Member O'Neill
NAYS: None
ABSENT:
ATTEST:
madir, mral, '.
w ■ � i r
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C—
ON C. HARP, TY ATTORNEY
BW #VERY, MAYOR
Attachments): Exhibit "A" — Fifth Amendment to Restated Development
Agreement No. 5
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Citv 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.
FIFTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO.5
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved November 16, 2021
Ordinance No. 2021-23
FIFTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-65869.5)
This FIFTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
("Fifth 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 Fifth 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 entered into that Fourth Amendment to restated Development
Agreement No. 5 and recorded in the Official Records of Orange County on September 10, 2020,
as document number 2020000482740 ("Fourth Amendment') attached hereto as Exhibit G which
extended the Term of the Agreement for an additional one (1) year.
G. City and Hoag now wish to enter into that Fifth Amendment extending the term
for an additional ten (10) years.
H. On September 9, 2021, the Planning Commission held a noticed public hearing on
this Fifth 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. PC2021-026,
recommending the City Council approve this Fifth Amendment.
I. On October 26, 2021, the City Council held a noticed public hearing on this Fifth
Amendment and considered the testimony and information submitted by City staff, Hoag, and
members of the public. On November 16, 2021, consistent with applicable provisions of the
Development Agreement Statute and Ordinance, the City Council held second reading and adopted
Ordinance No. 2021-23 approving this Fifth Amendment.
J. This Fifth 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"); and the
Agreement, Amendment, Second Amendment, Third Amendment, and Fourth Amendment
(collectively the "Amended Agreement").
K. In recognition of the significant public benefits provided, the City Council has
found that this Fifth Amendment: (i) is consistent with the City of Newport Beach General Plan
as of the date of the Agreement, Amendment, Second Amendment, Third Amendment, Fourth
Amendment, and this Fifth 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 ("Term") shall begin on the
Effective Date and continue until September 15, 2040, unless otherwise terminated
or modified pursuant to its terms."
2
2. Public Benefits. Section 8.7 of the Amended Agreement is hereby amended in its
entirety to read as follows:
"Public Benefit Pursuant to Fifth Amendment. City and Hoag acknowledge and
agree that this Fifth Amendment and the 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 to pay a total of Four
Million Five Hundred Thousand Dollars ($4,500,000.00) in annual installments to
the City as set forth herein to provide services to person(s) experiencing
homelessness at the City's discretion. As of the Effective Date of this Fifth
Amendment, Hoag has paid Six Hundred Thousand Dollars ($600,000.00) of the
Four Million Five Hundred Thousand Dollars ($4,500,000.00). Hoag shall make
eight (8) equal annual installments in the amount of Three Hundred Thousand
Dollars ($300,000.00) to the City. Thereafter, Hoag shall make ten (10) equal
annual installments in the amount of One Hundred Fifty Thousand Dollars
($150,000.00) to the City until the Four Million Five Hundred Thousand Dollars
($4,500,000.00) owed to the City is paid in full. The first annual installment is due
and payable by Hoag to the City within thirty (30) days of the Effective Date of this
Fifth Amendment. Thereafter, all subsequent installments are due and payable by
Hoag to the City on the Anniversary of the Effective Date of this Fifth
Amendment."
3. Time for Construction and Completion of Proiect. Section 4.4 of the Amended
Agreement is hereby amended in its entirety to read as follows:
"Time for Construction and Completion of Project. On or before September 1,
2030, Hoag agrees to submit a progress report on final completion of the Project
for review and approval by the City Council. The progress report shall include, but
not be limited to, schedule and phasing for submittal of all plans and completion of
construction of the Project along with all proposed uses on the Property. In the
event the City Council finds the progress report does not adequately demonstrate
the Project will be completed by September 1, 2040, the City may exercise its rights
under Section 9 (Default, Remedies and Termination)."
4. Full Force and Effect. Except as modified by this Fifth Amendment, the
Agreement, Amendment, Second Amendment, Third Amendment, and Fourth Amendment,
attached hereto as Exhibit C, Exhibit D. Exhibit E, Exhibit F. and Exhibit G, respectively, are
incorporated into this Fifth Amendment and shall remain in full force and effect.
5. Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
6. Counterparts. This Fifth Amendment may be signed by the Parties in different
counterparts and the signature pages combined shall create a single document binding on all
Parties.
7. Recordation. The City Clerk of City shall record this Fifth 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]
4
SIGNATURE PAGE `I D
FIFTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
ATTEST:
WE
Leilani I. Brown, City Clerk
APPROV D AS TO FORM:
By: -� C.
�....�
Aaron C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
Brad Avery, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:—
Name
Title:
: Sanford Smith, AIA
Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(gill Signalarres to Be Nowrizedj
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 Amendimrit to the Restated Development Agreement No. 5
Exhibit G:
Fourth Amendment to the Restated Development Agreement No. 5
5
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
(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 , 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)
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.
D
EXHIBIT B
LEGAL DEPICTION OF THE PROPERTY
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Exhibit B
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EXHIBIT C
DEVELOPMENT AGREEMENT DATED FEBRUARY 14. 1994
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Recording Requested By and
When Recorded Return to:
City Clerk %. �'-
City of Newp&rt Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659-1768
AdIkk
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IOC # 94-4207,176
23—MAR—i994 03:59 pM
Recorded ie Official kkv*
of Orame Com, California
Lee A. kind, Coand Remrdef
Pase 2 of 61 Fees: t 0.00
Tax: { 0.00
DEVBLONIW AGREEKENT N
HEPWBM
TBE CITY OF NERPORT MC8
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EOAS MWORI L N=PITAL PRBBBYTERT"
Approved _FebrUM 14. 1994
Ordinance No. 94-6
RAVED
APP 6 a4
TBSS DMLOPMM A@BMMNT (the "Agreement") is entered into between the
City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian
("Hoaq").
RBCi'PALS. This Agreement relates to the following:
1.1 goose 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.
• 1.2Authorization. This Agreement is authorized by, and is
consistent with, the Government Code of the Statesofns of 4 Ca3,ifornia and chapter 15et seq. of .45
of the Newport Beach Municipal Code.
2.3 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").
2.4 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
Y
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 SIR 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 SIR 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 City9s 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. DIFINITIONB.
2.1 The °Adootinu 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".
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2.3
°Annual, Review" refers to the review of Hoag's good faith
compliance with this Agreement and conditions on development as
set forth in Section 5.
2.4
The "Approval Date" means the date on which the City Council
voted to adopt the Adopting ordinance.
2.5
All forms of use Of the verb "assign" and the nouns
"assignment" and "assianee" shall include all contexts of
hypothecations, sales, conveyances, transfers, leases, and
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assignments.
2.55
"California Coastal Commission" refers to the California State
Resources Agency established under the California Coastal Act
of 1976.
2.6
■CBOA" 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 " a s" 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
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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 "EIRP refers to final Environmental Impact Report No. 142
of the City of Newport Beach and Supplemental Environmental
Impact Report No. 142.
2.14
An "Estoocel Certificate" refers to the document certifying the
status of this Agreement required by Section 5.6 in the form of
Exhibit "D".
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2.15 An "Exaction" refers to those specific dedications and
improvements required of Hoag and set forth in Section 8.2
below.
2.16 An "Exhibit" refers to an exhibit to this Agreement. All
Exhibits are incorporated as a substantive part of this
Agreement. The Exhibits to this Agreement are:
Exhibit A: Legal Description of the Property
Exhibit B: Map of the Property
Exhibit C: The Master Plan
Exhibit D: Estoppel Certificate
2.17 "Existing General Regulations" means those General Regulations
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 Pair 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 "inc odes"
and "includina" 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 "M_ortgagee" refers to the holder of a beneficial interest under
any mortgage, deed of trust, sale-leaseback agreement, or other
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CONDITIONS TO DNVRLOPKRNT.
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 SIR;
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transaction under which all or a portion of the Property,
including those portions acquired by assignees, is
used as
security (a "Mortgage") or the owner of any interest in all or
any portion of the Property under a Mortgage, including those
Portions acquired by assignees.
2.25
c " 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 "_ftgJeat" refers to the proposed development of the
Property pursuant to the Master Plan and this Agreement.
2.24
"Emiect Specific Approvals" means all site-specific (meaning
specifically applicable to the Property only and not generally
applicable to some or all other properties within the City)
plans, subdivision maps, permits, or other entitlement.
Project Specific Approvals include subdivision maps, site plan
review, conditional use permits, coastal development permits,
variances, grading and building permits, as well as amendments
or modifications to those plans, maps and permits. Project
Specific Approvals does not include Existing or future General
Regulations.
2.30
The "Pronertv" refers to the real property described on Exhibit
"A" and depicted on Exhibit "B."
CONDITIONS TO DNVRLOPKRNT.
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 SIR;
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(c) Conditions imposed by the City as a result of
subsequent or supplemental environmental analysis
pursuant to provisions of CEQA and the CEQA Guidelines;
(d) conditions imposed by the City Council in conjunction
with the approval of Traffic Study No. 81 and Variance
No. 1180;
(e) Compliance with the terms and conditions specified in
• this Agreement.
(f) Compliance with Existing General Regulations.
3.2 Compliance with Master Plan Conditions/Nitiaation Measures.
Hoag ac3mowledges that City Council approval of the Master Plan
and this Agreement was subject to compliance with numerous
conditions and mitigation measures designed to minimize or
eliminate the significant adverse effects of the Project and
ensure the health, safety, and welfare of nearby residents as
well as Hoag patients and employees. Many of these conditions
and mitigation measures impose specific development standards
and requirements to be implemented in conjunction with further
study and analysis of site or subsurface conditions before
grading or construction. Specific mitigation measures that
require compliance with, or satisfaction of, standards before
grading or construction can occur include the following:
(a) Slope excavation techniques which insure stability;
(b) Grading and excavation techniques which minimize
disturbance to adjacent residents and the general
public;
(c) Identification of potential faults on site and
construction of buildings pursuant to recommendations
of certified geologists and in a manner which insures
that nearby residents, Hoag patients and Hoag employees
are not exposed to a significant risk of injury;
(d) Evaluation of soil corrosivity and removal of corrosive
soils or use of corrosion resistant construction
materials;
(e) Mitigation of impacts caused by removal of wetlands
through off-site restoration as required by resource
agencies;
(f) Preparation and approval of a project trip generation
study prior to development of Phase I of the Master
Plan (if Hoag proposes a land use other than specified
in the approved Traffic study);
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(g) Preparation and approval of a project trip generation
study as a condition to construction of development in
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 ProgM M- Hoag acknowledges that the EIR is a "Program
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 SIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
commission or the appropriate entity of its successor agency.
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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 ProgM M- Hoag acknowledges that the EIR is a "Program
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 SIR, identifies
new impacts, or concludes the specific request is not consistent with the
project described in the EIR. Hoag acknowledges the right and obligation
of the City and the Coastal commission or its successor agency to impose
additional conditions as the result of the subsequent environmental
analysis required by CEQA.
3.4 Mitigation Monitoring Plan. City shall prepare a Mitigation
Monitoring Plan ("Plan") within sixty (60) days after the
Effective Date. Hoag shall not submit any application for
Project Specific Approval until the Plan has been approved by
the City Council and the Executive Director of the Coastal
commission or the appropriate entity of its successor agency.
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The Plan shall comply with and satisfy the requirements of CEQA
and the Guidelines and the Coastal Act. The Plan shall be
available to the public upon request.
3.5 Compliance with General Regulations. Hoag is required to
comply with the Existing' General Regulations. As to those
Existing General Regulations which require the payment of fees,
costs, and expenses, Hoag shall pay the fee, cost, or expense
required as of the date on which Hoag submits the application
• for Project Specific Approval. Hoag shall also comply with any
Fluture 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. RiGU To_DHVHLO
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 Raster Plan.
Subject to the provisions of Sections 3 and 8, City shall only
take action which complies with and is consistent with the
Master Plan and this Agreement unless Hoag otherwise consents
in writing. Subject to this Subsection, City shall have the
authority to impose only those Exactions which are specifically
described in this Agreement, except as expressly required (as
opposed to permitted) by state or federal law.
4.2 Reservations or Dedications of Land. Except as expressly
provided in this Agreement, no dedications or reservations of
the Property shall be required of Hoag in conjunction with the
application or issuance of any Project Specific Approvals.
4.3 Conflicting Measures. Except as expressly provided in this
Agreement, no initiative measure, moratorium, referendum
(except as provided in Government Code Section 65857.5),
ordinance, statute or other provision of law which in any way
limits or restricts development of the Property to the full
extent permitted by the Master Plan and this Agreement
(including density, intensity, timing, phasing, and sequencing)
shall be applied to the Property during the term of this
Agreement.
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4.4 Time for Construgtion and Completion of Project. Subject to
the provisions of this Agreement and the Naster 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. AWWM
RNVXW.
5.1
City and Hoag RooWnsibilitigss. 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) dayst 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
Hoaq 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
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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 Hoaq, the annual review shall also assess the success of
any off-site wetlands mitigation. Five years after the
completion of the Department of Fish and Game monitoring
period, Hoag shall submit a final report assessing the success
of the off-site wetlands mitigation in its annual review. If
the survival and cover requirements set forth in the Streambed
Alteration Agreement have not been met, Hoag shall be
responsible for replacement planting to achieve these
requirements. Hoag shall be found in compliance with this
Agreement unless the City Council determines, based upon the
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evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including
those imposed as a result of subsequent environmental analysis,
applicable to the grading of, or building on, the Property as
of the date of the Annual Review.
5.5 Review Letter. If Hoag is found to be in compliance with the
Agreement after the Annual Review, the City shall issue, within
ten (10) days of Hoag's written request, a letter to Hoag
stating that the Agreement remains in effect and Hoag is not in
Default.
5.6 8stoppeI 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 he 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.
GERBRAL PROVISIONS.
6.1 Effective Date. This Agreement and the obligations of the
Parties shall be effective as of the Effective Date. However,
this Agreement shall bind the Parties as of the Approval Date,
subject only to the Adopting ordinance becoming effective
pursuant to California law.
6.2 Applicability to Coastal Zone. This Agreement shall not be
applicable to those portions of the Property located within the
Coastal Zone as defined by the California Coastal Act (Division
10
20, California Public Resources Code, beginning with section
30000) until either (1) the required local coastal program for
the Property has been certified by the California Coastal
Commission or' (2) the California Coastal Commission has
approved this Agreement. This Subsection is intended solely to
comply with' the provisions of California Government Code
Section 65869 and shall be of no force or effect if Section
65869 is repealed.
• 6.3 .Perm 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
(ICP), are subject to the review and approval of the Coastal
Commission or its successor agency.
6.4 AsSianment. Hoag has the absolute right to assign (see Section
2.5) its rigbts and/or delegate its obligations under this
Agreement as part of an assignment of all or a portion of the
Property. Any assignment shall be subject to the provisions of
this Agreement. As long as Hoag owns any part of the Property,
Hoag may assign the benefits of this Agreement without
delegating the obligations for the portion of the Property
assigned. If that occurs, however, the benefits assigned shall
remain subject to the performance by Hoag of the corresponding
obligations.
Where an assignment includes the delegation of both the
benefits and the corresponding obligations, those obligations
become solely the obligations of the assignee. If an assignee
is in Default, then as to Hoag or any assignees not in Default,
the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a
. basis for an enforcement action against them.
6.5 Amendment of Agreement.
(a) Subject to the provisions of Subsection (b), and
subject to approval of the Coastal Commission or its
successor agency prior to effective certification of
the City's Local Coastal Program (LCP), this Agreement
may be amended from time to time by the mutual consent
of the Parties, or their successors in interest, but
only in the manner provided by the Government Code and
this Agreement. After any amendment, the term
"Agreement" shall refer to the amended Agreement.
(b) The City Council shall not approve, and Hoag shall not
request, any amendment to the provisions of the Master
Plan or this Agreement that would increase the maximum
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permitted gross floor area or the maximum permitted
building height (within any lettered building envelope)
above that established by the Master Plan as of the
Effective Date of this Agreement. This Subsection
shall prevail over any conflicting ordinance,
resolution, policy or plan adopted by the City Council.
6.6 Enforcement. This Agreement is enforceable by each of the
Parties and their respective successors • and assigns. 6.7 Termination. This Agreement shall be deemed terminated and of
no further effect upon the occurrence of any of the following
events:
(a) Expiration of the twenty-five (25) year term;
(b) Entry, after all appeals have been exhausted, of a
final judgment or issuance of a final order directing
the City to set aside, withdraw, or abrogate the City's
approval of this Agreement or any material part of the
Project; or,
(c) The effective date of a Party's election to terminate
the Agreement as provided in Section 9.3 of this
Agreement.
6.8 Hoag shall defend, indemnify and hold harmless the City and its
officers and employees with respect to any claim, loss or
damage in any way related to the grading, excavation or
stabilization of the slopes adjacent to the view parks by Hoag
or its employees, agents contractors or representatives. This
section is not intended to impose liability on Hoag for the
acts of persons other than Hoag or its agents, representatives
or contractors.
• 6.9 Hoag shall enter into an agreement with City to accept
ownership of, and responsibility for maintenance of, the
existing methane gas venting flare and any device for
collecting gas that is subsequently installed on the Property
pursuant to conditions or mitigation measures imposed in
conjunction with the Master Plan approval or subsequent
environmental analysis.
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
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extent necessary to comply with such state or federal laws or
regulations and the modified Agreement shall remain in effect,
subject to the following:
(a) the City shall not request modification of this
Agreement pursuant to this provision unless and until
the City Council makes a finding that such modification
in 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 _*dLLcb_requirsd
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 a.2(a) and
(b), unless Hoag has completed construction of less than
twenty-five percent (25*) of the maximum permitted development.
8. POBme BENSBITS/SSA�'A`IONB.
8.1 Public Benefits. City and Hoag agree that this Agreement
confers a substantial public benefit by enabling Hoag to
construct facilities most appropriate to changes in medical
technology and thereby better satisfy the health care needs of
residents within its service area. In addition, the Master
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Plan and this Agreement confer benefits on the public and
nearby residents by imposing long term restrictions on the
height, amount and location of development as well as the
public improvements described in Section 8.2.
8.2 Exactions. Hoag shall, as a condition to the right to develop,
do the following:
(a) Prior to commencement of development, irrevocably offer
• to dedicate and grade the proposed linear and
consolidated view park identified in Figure 3.2.1 of
Volume 1 of the SIR. 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 7.2.1. 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 SIR, Hoag shall
deposit Two Hundred and Fifty Thousand Dollars
($250,000.00) in an account, and at a financial
0 institution, acceptable to City. The account shall be
in the name of the City provided, however, Hoag shall
have the right to access the funds in the event, but
only to the extent that, Hoag constructs or installs
the improvements described in (i) or (ii). Funds in
the account shall be applied to the following projects
(in order of priority upon notice to proceed served by
City on Hoag):
(i) The construction of a sidewalk and
installation of landscaping in the CalTrans
right-of-way along the west side of Newport
Boulevard southerly of Hospital Road;
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9. DSPAOLT RSMBDIEs AND TRRNINATIOH.
9.1 General Provisions. In the event of a Default (see Section
2.11), the Party alleging a Default shall give the other Party
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(ii) The construction of facilities necessary to
bring reclaimed water to West Newport and,/or
the Property;
Any funds remaining in the account after completion of
the projects described in (i) and (ii) shall be used by
the City to fund, in whole or in part, a public
improvement in the vicinity of the property.
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(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk
Slough that would, among other things, improve the
appearance of the area and, potentially, serve as a
component to improve public access from residential
areas in West Newport to park land and public
recreation facilities proposed in conjunction with
development of the West Newport Oil Company property.
The study shall analyze, among other things, the type
of improvements that would improve the area without
adversely impacting wetlands, the possible location of
pedestrian trails and the potential for those trials to
improve access to proposed recreational facilities,
phasing of the improvements, potential public benefits,
and the cost of the improvements. As a part of the
study, Hoag and City shall meet and confer with
resource agencies relative to the type and extent of
improvements that may be permitted in or adjacent to
wetlands. Hoag shall fund the study and participate in
the cost of constructing any improvements in the area
that the City Council determines are feasible and in
the public interest, provided, however, the financial
contribution of Hoag, including the costs of the study
and improvements, shall not exceed Two Hundred Thousand
•
Dollars ($200,000.00).
(d) Hoag's obligations pursuant to Subsection (c) are
contingent on Coastal Commission approval of the Master
Plan and attached as Exhibit C to this Agreement with
no significant reduction in entitlement from that
authorized in the Master Plan. Hoag's obligations
pursuant to Subsection (b) shall be reduced through
good faith negotiations in the event the Coastal
Commission reduces entitlement by ten percent (i0%) or
more from that authorized in the Master Plan.
9. DSPAOLT RSMBDIEs AND TRRNINATIOH.
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
F-1
a written Notice of Default. The Notice of Default shall
specify the nature of the alleged Default, and a reasonable
manner and sufficient period of time (not less than thirty (30)
days) in which the Default must be cured (the "Cure Period").
During the Cure Period, the Party charged shall not be
considered in Default for the purposes of termination of the
Agreement or institution of legal proceedings. If the alleged
Default is cured within the Cure Period, then a Default shall
be deemed not to exist.
9.2 option to institute jAqAj prWgSdj qor to -T
erminate. 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 ver. 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
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 RUCUMHBANCSs AND RSLSA88S on ]MOVERTX.
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 gf Default. Any Nortgagee 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 9.2.
11.0 MISCELLANEOUS PR0VI11I0NS.
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
AML
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
301 Newport Boulevard
Newport Beach, CA 92663
Attention: President
With a copy to:
Tim Paone
Paone, Callahan, McHolm h 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 ftforced Delav•sxtension 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
0
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
0
legislative and governmental functions of the City, and in
particular, the City's police powers or to surrender or
abrogate the city's governmental powers over the Property.
11.11 Authority to Execute. The person executing this Agreement on
behalf of Hoag warrants and represents that he/she has the
authority to do so and the authority to bind Hoag to the
. performance of Hoag's obligations under this Agreement.
11.12 Consent. Any consent required by the Parties in carrying out
the terms of this Agreement shall not unreasonably be withheld.
11.13 Effect on Title. This Agreement shall not continue as an
encumbrance against any portion of the Property as to which
this Agreement has terminated.
11.14 $e o ni . 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 Laaal 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
1
Date: °�`- , 1994
CITY OF NEWPORTBEACH
%
Clarence oftmer, Mayor
Date: March 9 , 1994 HOAG MEMORIAL, OSPIT SBYTERIAN
• BY:
Albert J. A
Chairman of the Board
rb�hoepds�.fnl
0
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 ovine Subdivision, as shown on a map recorded in Book 1, Page
88 of Wncellaneous 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 I► be llaneoos Maps, Records of Orange
County, California.
•
0
Exhibit 8
--to
rGo
•
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULA17ONS
Recommended for Approval
by the Planing Commission
February 20, 1992
Adopted by the City Council
City of Newport Beach
Ordinance No. 92-3
May 26,1992
r"
Exhibit C
TABLE OF CONTENTS
SL
Introduction
11
General Notes
III.
Definitions
IV.
Development Plan
V.
District Regulations
VL
Sign Program
VII.
Parking Program
VIIL
Landscape Regulations
IX
Site Plan Review
•
?Jay 26, IM
Page
Number
1
2
4
6
11
20
22
24
27
H
Page
. Number
1. Planned Community Development Plan T
2 Internal CSirwMon 9
3. Development Criteria 15
t
TABLES
L Statistical Analysis 10
2. Parking Requirements 23
Icy 24 1991
ii
MRODUMON
fladownd
• The Hoeg 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 proposed use wbile ensuring compliance with the intent of all applicable
regulatory
The Planned Community District includes district regulations and a development plan
for both the upper and lower cempmses of Hoag Hospital. In general, over the long
term, the upper campus will become oriented primarily towards emergency, acute and
critical care (predominM* inpatient) uses and the lower campers will be developed with
Predominantly outpatient uses, residential haze and support services.
Whenever the regulations contained in the Planned Community test conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in the
Plaraed Community text shall take precedence. The Munidpal 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 Budding Code and other governing budding codes.
•
nor 2i , IM
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Il. 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 poBdes 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 g-6 regarding archaeological and paleontological resources.
4. Except as otherwise stated in this tact, the regtdrements of the Newport Beach
Zoning Ord'mance shall apply. The contents of this test notwithstanding, all
constrvMon within the boundaries of this Planted 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 iota ice to maramve 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 A IM
r
�• r
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 f malities within the Planned Commumty will be provided by
Orme 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 faclities will be available. Prior to the occupancy of any
structure it shall be farther demonstrated that adequate sewer facilities ez ist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping
g of exposed slopes shalt be installed within 30 days of the completion
•
May X 1992
W. DEFINITIONS
buil ft Elovation
L a vertical distance of a budding above or below a fixed reference level,
ie., ML (mean sea level).
• 2 a Qat scale drawing of the front, rear, or side of a budding.
Building rot the volume in wbicb a building may be built as circumscribed by
setback lines and matdmum allowable building heights
ugh U H=J9 the vertical distanm treasured from the finished grade to the
highest point of the structure. At all points, the height measurement shall run with the
slope of the lead
Eamerpenev RMm . 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. Fmishhed - the ground level elevation winch exists after any grading or
other site preparation related to, or to be incorporated into,
a proposed new development or alteration of existing
davelopments. (Grades may be worked into buildings to
allow for subterranean par)ing.)
2 Natural - the elevation of the ground surface in its natural state
before man-made alterations.
I F.usting - the current elevation of ground surface.
Inpatient Uses : hospital patient services which require overnight stay.
Undscave Area: the landscape area shall include on-site walks, plazas, water, rooftop
May X Igor 4
r � ,
la Wiping other areas not devoted to building footprints or vehicular parting
Mean Sea Level: a reference or datum mark measuring land elevation using the
average level of the ocean between high and low tides.
• Oulpatient Uses: hospital patient seavices 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 for the purpose of determining development area
•
L Grass - parcel area prior to dedications.
2 Net - parcel area after dedications,
Speatal LaUdEM d 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.
?'"YxIM 5
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 Versarltes and Via Balboa/Seafaire
condominiums) to the west The lower campus is located north of west Coast Highway,
south of the Versatl<es 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
=tm= to be, oriented towards inpatient f4oc6oas, while the lower campus will be
developed with predominantly outpatient, residential care and support services.
�I mAnt 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 ilgear park area adjacent to the bike path (approximately
OS saes) and a consolidated view park at the westerly edge of the property (approid-
mately 03 acres). A bice 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 fiom West Coast Highway and Superior Avenne, as well as firm 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 Mimed 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 raps as a
function of allowable densities established by the Newport Beach General Plan.
Mair ac rws
AML
�J
Itly
CD
O
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 geaeratioa
restrictions are adhered to and the overall development cap is not exceeded, this
Development Plan allows Hoag Hospital to adjust the development profle 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
footagerd trip generation for another use were to occur.
This Development Plan allows Hoag Hospital to adjust the development pro61e provided
is the statistical analysis (Table 1) as long as the development limit (ie, 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
Adjrrst�ments to the Development Plan may be allowed if the total square footage or trip
generation allowed in the cant phase of development is exceeded, if the total
development or trip generation allowed under the Development Plan is not exceeded
XY A LM
F-
•
I
a
LIVAIW�l
re
601
' Pau &"Wpmcar or the upper and tower =wputa to aa+kfpated to aw" Wv as apptw*aiw 2a� period sad wM azr ame
in dmc;, --r- ph --
2 up to 5096 of the eddm` -mp- mq be re&-Wpcd b9 master plan WW-
3Bawd oa deweEopMcW agoaed nada the Ocnnal Plan at a floor aea tatty to Sou dee area of AS for the Woer campus and rA
for ft aria c mp= Bugftt Buft [=k for the tower amp= fig m for a0 ehaetatcs whkh Endades abaft grade oweaed pdrkk$.
WY 26 IM
F-
10
Table 1
STATISTICAL ANALYSIS'
Sam Feet
Lower Campus
Existing:
Outpatient Services (Hoag Cancer Center)
65,000
Child Care
7,800
Subtotal:
72,800
Phase I.-
:Outpatient
OutpatientServices
1000
Support Service
55,000
Administrative
3(X000
Subtotal:
20(X000
Phases H & III:
Subtotal:
305,089
Total Lor Camnus
577,889
Upper Campus
t•Sdsting
480,000
Phase I:
Outpatient Services
25,000
Inpatient
115,000
Subtotal:
140,000
Phases 11 & III:
145,349
Total Unser Camnas
765,349
GRAND TOTAL
1,W,2w
' Pau &"Wpmcar or the upper and tower =wputa to aa+kfpated to aw" Wv as apptw*aiw 2a� period sad wM azr ame
in dmc;, --r- ph --
2 up to 5096 of the eddm` -mp- mq be re&-Wpcd b9 master plan WW-
3Bawd oa deweEopMcW agoaed nada the Ocnnal Plan at a floor aea tatty to Sou dee area of AS for the Woer campus and rA
for ft aria c mp= Bugftt Buft [=k for the tower amp= fig m for a0 ehaetatcs whkh Endades abaft grade oweaed pdrkk$.
WY 26 IM
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10
•
•
F-11
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,
Budding and Public Works Departments shall be submitted for the review and approval
of the Planning, Building, and Public Works Departments.
A Permitted UM
1. Lower Campus
brXim
a) Hospital ENSities, 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
•
Dialysis
•
EEG/EMG/NICE Laboratory
•
Fust Aid Center
•
Fertility Services
•
G.I. Laboratory
•
Laboratory
•
Magnetic Resonance Imaging
•
Nuclear Medicine
•
Occupational Therapy
s
Pediatrics
•
Pharmacy
•
Physical Therapy
•
Pulmonary Services
11
•
C
exyz.i"z
r-
• Radiation Therapy
• Radiology
• Respiratory Therapy
• Sleep Disorder Center
• Speech Therapy
• Ultrasound
ii. Administration:
Services
•
Admitting
•
Aunliary Office
•
Business Offices
•
Information
•
Registration
•
Patient Relations
•
Social Services
iii_ Support
Services
•
Employee C:htld Care
•
Health Education
•
Power/Medmoical/Auauliary Support and Storage
•
Food Services
•
Cashier
•
Chapel/Chaplaincy Service
•
Conference Center
•
Dietitian
•
Gift Shop
•
Laboratory
•
Medical Library
•
Medical Records
•
Pharmacy
•
Engineering/Maintenance
•
ShipphWfReceiving
•
Microwave, Satellite, and Other Communication
Facilities
iv. Residential Care:
•
Substance Abuse
•
Mental Health Services
•
Eidended Care
•
Hospice Care
•
Self or Minimal Care
•
Congregate Care
IZ
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, indudh% but not limited to:
Q 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
in Outpatient services as allowed on the lower campus
iii) Administrative uses as allowed on the lower campus
iiv) 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.
W -y aq 1992 13
0
B. Prohibited Uses
1. Lower Campus
a) Emergency Room
b) Heliport
C. Maximum B ildi rm HeiYiit
The maximum building height of all buildings shall be in accordance with Exhibit 3
which established the following height zones:
L Upper Campus Tower Zone - ma3dmum budding height not to exceed the
existing tower (235 feet above mean sea level).
2 Upper Campus bfidtise 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, exclnsive of elevator tower.
4. Lower Campos Zone,Sub-Areas A, H, C F and G - within each sub -area
no building shall exceed the height of the existing slope and conform to
the range of maxinmim building heights indicated on the development
criteria Exhibit 3.
5. bower Campos 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 Exlubit 3
I. Setbacks will be provided along property boundaries adjacent to the Villa
Balboa / Seafaire Condominium; 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.
M" 26,19n
b) Lower campus northern boundary, all of which will have a 20'
minimum building setback.
14
2. The setback on West Coast highway easterly of the hospital entry signal
Shan be 1S feet.
In addition, vertical ardatlaiion shall be required for buildings easterly of
the signal within 150 feet of the West Coast FTighway fiontage, as follows:
ist 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 budding
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 mdmmum 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 W*my 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 ITigbway
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 (tip 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 budding 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 Hum frontage within 150 feet of West Coast Highway shall
be open and unoccupied by buildings.
May A IM 16
10% of the linear length of height zones A and B as viewed from the
existing bicycle/pedestrian trail, exclusive of that area adjacent to the
consolidated portion of the view park, shall be maintained as view
corridors between buildings.
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 Camans east
property at Superior Avenue and West Coast Highway.
4. A 20 boot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point 6W 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
Interebnee.
S. A ten (10) foot building setback from the property line shall be provided
along Hospital Road.
lite 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 ad*ent 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 whicb
illustrate that major mechanical equipment will not be located on the roof of any
structure on the Lower Campus. Rather, such buildings will have dean 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 rising
materials compatible with roofing materials
G. Em
All signs shall be as specified under the Hoag Hospital Sign Program, Part VL
H. Parking
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
M•s 2% 19n 17
L Landsca
AD
Aiandsaping shall be as specified in the Hoag Hospital Landscape Regulations, Part
Prior to issuance of a budding permit; the projed sponsor shall submit plans to the City
Planning Department which ;irate tbat all mechanical equipment and trash areas will
be screened from public streets, alleys and adjoining properties.
x InternalOWAAtion
L 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 &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
1711s restriction specifically applies to scheduled and routine deliveries.
Ile 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 tires is consistent with future
Air QnaMy Management Plan procedures, the City may require that the
Program be implemented as hospital polity. If operation impacts are
slgaificaay 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 st4 and service vehicleL
wy A ruga 1s
L zpading 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 pr*d 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. 9 no significant sound attenuation is achieved, the hospital shall submit an
ardutectu ral 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 scows road, endosure
shall be required. Any enclosure required parsvant 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.
•
Way n.4 "n
0
19
VL HOAG HOSPITAL SIGN PROGRAM
A. Nm= cad interM
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthedcallypleasiag GD-l"Oding wall and ground -mounted signage based
Upon the provisions set fbzth" by the City of Newport Beach Sign Ordi-
nance and the information signage requirements of Hoag Hospital -
1 The intent of this Sign Program is to produce uniform standards for Hoag
.Hospital
B. General Siem Stamd_&
I. All signs visible at the exterior of any building or hwility of the Hospital,
ground mounted or on -building, may be aminated or non-Muminated,
depending upon need. Etumination method may be by external or internal
soum No sign shall be constructed or installed to rotate, Spate, blink
or move, nor create the illusion of motion, in any fashion.
2 All signs attached to building or facility exteriors shall be fhrsh 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, fumWonal
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
G Number of Signs Allowed
One (1) double-faced primary identi5cation 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 (MO) square feet and shaII 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
MW 26, i 20
0
to the same member and area m&-dmums described above. 'Kris sign may
also occur as part of an entry gateway system.
Z Secondary identification no shall be allowed. This sign type shalt not
exceed a maxirmtm height of W average height above finished grade. In
the case of a sign occurring upon a slope, the average height shall be-
established
eestablished by measuring the sign height at the mid -point of the sign
length perpendidilar 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 arra maximums described above.
Vehicular and pedestaan &ectional signs shag be atiowed. 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.
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 illamie_ated
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.
Mayzs, Im 21
VIL HOAG HOSPITAL PARING REGULATIONS
A General
L 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-
0
meat.
3. Parking lot lighting shall be developed in acom*nce 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 arra The plans shall be
Prepared and signed by a licensed electrical engineer, with a Ietter from
the eagmeer stating that the requirements has been met Ile lighting
Plan shall be subject to review and approval of the City Planting
Department
I: ::�i a �� � . _�. • ��. �i� • . � . ���
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 grass floor area to determine the
parking requitement
WW A aM ZL
•
U -CAMM
Outpatient Services
Support
Administrative
Residential Care
Medical Offices
Inpatient
Table Z
PARKING REQUIREMIRkM
20 spaces/1,000 square feat*
LO spades/1,000 square feet'
4.0 spaces/1,000 square feet•
1.0 spaces/1,000 square feet*
4.0 spaces/1,000 square feet`
1.25 spaces/1,000 square feet—
' Parking requirements are based on a study performed by DKS Associates in May,
1987.
•' Parlong requirement is based on current Hoag Hospital parking demand
NGy:K IM 23
v
VIM HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
L
Detailed Landscape and irrigation plans, prepared by a registered Architect
or under the direction of a Landscape Architect., shall be reviewed by the
Plarm ag and Path, Beaches and Recreation Departments and approved
by the Public Work Departments prior to issuance of a bulking permit
•
and installed prior to issuance of Certificate of Use and Occupancy. The
Landscape Plan may Made a concept for the roofs and the parking
structures. Trees shall not be used, but a planter boar or trellis system
shall be designed to provide visual relief of parking structum All
landscaping shall conform to the building height limits established in this
text.
2.
Parking lot trees shall be no less than fifteen (15) gallon size.
I
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from (1) gallon containers or from
root arttings.
4.
Every eliort should be made to avoid using plants with invasive and
shallow root systems.
S.
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 addinterest. 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.
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.
MW 2k IM 24
3. All plantings are to be kept in a healthy and growing condition. Fertiliza-
don. cultivation and tree priming 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, gays and ties on trees should be checked regularly for correct
function; ties to be adjusted to avoid creating abrasions or girdling to the
stems.
ti. Damage to plantings created by vandalism, automobile or acts of nature
shall be carrected within thirty (30) days.
G SSpecW Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A 15' building setback from tight -of -way / property line is required
along West Coast Hiighway. 0* driveways, parking and signage are allowed in the
setback area Parking area 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 area not utilized for parking or circufatioa shall be landscaped
in a similar man= Tree size to be no less than twenty-four (24) inch box.
D. Villa Balboa Laadscaoe 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.
H Parking Areas
A minimum of 5% of the surface parking area shall be devoted to planting areas.
Planting area atotmd budding 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 Departmeuls.
"16,IM 25
0
•
•
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 Plannmg and Public Works Departments Rooftop landscaping shall
conform to height mstriarons,
Wyss. M
26
DL SITE PLAN REVIEW.
A
The City Council finds that development on the West Coast Highway fiontage of the
Iowa 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 mpi rament by the Planning Commission for
• certain individual projects which arc proposed by the hospital to differ from the setback,
horizontal and vertical articulation requirements as set forth in Section VDZ to insure
that these projects conform with the objectives of the General Plan and the Master Plan
for Hoag Hospital
B. d
The City finds, determines and declares that the establishment of Site Plan Review
procedures mimed 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 arteria[ roadways, inappropriate placement of structures and
impairment of the benefits of oaupanry and use of eidsting properties in the area.
C Awlication.
Site Plan 'Review approval shall be obtained prior to the issuance of a Wading or
building permit for any new structure or the addition to an existing structure which does
not conform to the provisions of Section V.DZ
D. Plans and Diagmm< to be Submitted
• The following plans and diagrams shall be submitted to the Planning Commission for
approval:
A plot plan, drawn to scale, showing the arrangement of buildings,
driveway% pedestrian way% off-street parking and off-street loading areas,
landscaped areas, signs, fences and walks. The plot plan shall show the
location of entrances and esdts, and the direction of traffic flow into and
out of off-street parlong and loading areas, the location of each parHng
space and loading space, and areas for turning and maneuvering vehicles.
The plot plan shall indicate how utility and drainage are to be provided
Mr74 spa Z7
1 , 1
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, gPe, and location of landscaped areas planting beds and plant
materials with adequate provisions for irrigation.
3. Grading plans when necessary to ,asse development properly related to
the site and to surrounding properties and strochuts.
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 neoessary
to adequately consider the proposed development and to determine
compliance with the purposes of this chapter.
E EM
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. S,laudarrd
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 Teat);
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 bur7dings and the
streetscape on West Coast Highway;
MYAWR 28
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 fimcdonal aspects of site development.
G. Public FIe ing - Remdred Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such
hearing shall be mailed not less than ten (lo) days before the hearing date, postage
prepaid, using addresses from the last equalized assessment roll or, alternativ* 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.
A. ActionJanno Planning ng 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 he 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 fined by the
applicant, or any other person, the Commission has requested a review of its decision,
or unless the (Sty 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 7a, iss2 29
Any Site Plan Review decision of the Commission may be appealed to the City Council
by the applicant or any other person, at any time within twwty-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 CocmciL
s J. Action tm Ae CC by Conxicil
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 Comn asiom The decision of the My
Council is final
K EViration and Emmilou of Site Plan Review AWMMdA
L Ekpiration. Any Site Plan Review granted in accordance with the terms
of this We 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 uiml 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
term of this Title may be revoked if any of the conditions or tams 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 tbe permittee at least ten days
prior to the bearing, and shall submit its recommendations to the My
Council. The City Council shall act thereon within 60 days after receipt
of the recommendation of the Planning Commission.
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CRY OF NEWPORT BEACH
BY.
t+tafytE
TME:
amil m
EKHIBIT D
WW
EXHIBIT D
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO 5
DATED JUNE 17.2008
D1
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL, TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Boa 1768
Newport Beach, CA 92659-1768
i
This Document was electronically recorded by
ER Cert Mail D
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
111ININJOUN EURI NO FEE
2008000289321 12:35pm 06/17/08
120 33 A17 56
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
�pT FROM 1N0 FEES CAL. GOV 7 CQDE 8 6103
i1T +1 �t�+ r�i� r±� (Space above this line for Recorder's use)
C ;i@i! 1 C 41RVlt�C REQUEST pER
OVERNMEII CODE 27383
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
F-�
THE CTFY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 1.3, 2008
Ordinance No. 2008-10
FINAL
5/1"8 1000134
HRO: #58720 vt
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 FROMELING FEES CAL GOWT CODE x Gina
(Space above this line for Recorder's me)
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 27383
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
AND
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008-10
10 FINAL
54"S 10001.34
H&O: 959720 vl
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. S
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. S
("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").
1. The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section I t 19(f) to read as follows:
1.9 Hoag, Propetrt . 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 fthibit "A" and depicted on Exhibit "B"
(the "Pro>?ertyl•
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 Servioes and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.1 l 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
burnoffto 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.
ANAL
511"S 1000134
FUU), 09720 vl
I
j 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
I 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
E maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage ofBuildable Area. Undertheexisting
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 A
InezrigntNo.5. OnMay26,1992,the
City Council adopted Ordinance No. 92-4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4,1993 as Instrument No. 63-0522236.
1.15 Restated Development Agreement. On February14,
1994, 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 FirstAmendment to P.C. Text. On August 13, 2402,
the City Council adopted Ordinance No. 2002-17 approving the First
Amendment to the P.C. Text to provide that certain non -occupied
budding 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
/// 5/16108 1000134
H&O: #58720 Y1 2
Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated POT19ent went Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental Ell; 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'l 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;
�i FINAL
5/16/08 1000134
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(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/City Council Hearings is amended to read as follows:
"1.5 Planning Commission Kity Council Hearing. The
Planning Conmmission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the ER 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 MasterPlan, this Agreement and the
FJR 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.
6,2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
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5/16= 1000134
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"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
4
1 this Amendment and ..authorizing the City to enter into this
Amendment. iii adopting ordinance will become effective on June
12,2008." _ -
3. Section 2.1 ofthe Restated Development Agreement entitled YheAdopting Ordbuuxe
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.
"AdoptiRg Qrdfnance" 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 Cityof Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled T/re ED? 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 blaster Plan is
amended to read as follows:
"2.23 "Master PI 'refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Commun tyDevelopment Plan
which was adopted by the City on May 26, 1992 (Exhibit "C"), as
amended"
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
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5/16108 10001.34
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"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
5
8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR_ Hoag acknowledges that the EIR is a
"Program EiR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the envirom rental 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 M 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:
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"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 ofthe Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
6
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
regnlation 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 incus ed
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 firture
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 apart
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
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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 fimd certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,00. 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 S
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance ofthe first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit "C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay -for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn, pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ("Priority Public Improvements').
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds retraining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency ofCity's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
i� Fwar.
SHGNs 10001.34
H&O: 05s'72o v1 R
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 Sak.VUse Tax Origin, to read as follows:
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5116108 1000134
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"8.3 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales/use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
mullion 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 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.
0
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 saleMise 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 salestuse
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
1 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 ofthe local share ofsales/use tax payments
in f rlure 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
�J 5/1609 1000134
H&O: #58720 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) ofoperating three existing generators
and absorption chillers at 100°/a of design capacity.
This reduced capacity operation shall be implemented
i daily between November O and April 30'h, 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:
1� ) FINAL
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"with a copy to: Tim Paone
Paone, Callahan, McHohn & Winton
19100 Von Kansan, 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
11
with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 92614-7321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
Stu.
5/16/08 10001.34
H$O: #58720 vl
"11.17 kdemnification/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 Citypursuant to the indemnification
requirements prescribed. in this condition."
12
19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COh04UNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Fbiming Commission
Mach 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.200&10
May 13,2008-
20.
3,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all of the other terns,
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.
5/16108 IOQU134
N&O: #58120 A 13
r
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
lgtiv •r• ti r - / •/+r r
LaVorme Harkless, City Clerk
APP OVER AS TO FO
L-_ f,r
Far Robin Clauson, City Attorney
FINAL
5116108 10001.34
H&O: #58720 A
CITY:
THE CITY OF RT B H, a municipal
corporation of tate o li �ia
By:
Edw Alelchl r
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a Califomia ponprofit public
benefit co ti
By. Alt:b--
Richard F. Afab , MJD
President and CE
6411 Signatures to be Notarized)
14
CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT
-ti�:.wx:ivm�a:::.�ti o>;.�J. :.�c�:..�..-�'a•,G isc• s:C6 �'+� hi;-�=� -
State of California
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County of
On f v� ' � t rftl/ S before me, _
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personally appeared �lt1;11 _ _i(
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who proved to me an the basis of satisfactory evidence to
be the person(s) whose name(e) fs/m subscribed to the
within instrument and acknowledged to me that
he/sheAhw executed the same In h 04wA teir author`ixed
capacky(es•), and that by hls/laerlgwk sfgnafure(s) on the
instrument the person* or the entity upon behalf of
which the person(6) 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
orrect
WITNESS my hand -and offtca I seal.
n
Signature—owl( __•
Signet ra of wy Public
OPTIONAL
Though the Information below Is not required by taw, it may prove valuable to persons retying on the document
and could prevent fraudulent romoval 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:
Capacfty(ies) Claimed by Signer(s)
Signer's Name:
C Individual
r Corporate Officer —Trtte(s):
❑ Partner -0 Umited ❑ General
0 Attorr)ev in Fact
0 Trustee Top of thumb here
El Guardian or Conservator
EJ Other
Signer Is Representing
Number of Pages:
Signer's Name:
❑ Individual
0 Corporate Officer — Title(s):
G Partner—O Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
J Other.
Signer Is Representing:
ap of ihunb here
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of 0 Aa v ram
On Hiy 19, zao g before me, 9 rats a- , 1- ntje�i,±� P J.Ll ; c
(Hate imat mumome sod tEtleofshe of car)
personally appeared Q i Q4"J A ,PA bl c
who proved to me on the basis of satisfactory evidence to be the person(,a'j whose namee�fj�! subscr bed to
the within instrument and acka wledged to me &A;b(� executed the same in ups&ea authorized
capacity( 0, and that by lgkbafflvir signabore f} on the instrument the person(, or the entity upon behalf of
which the person(S awted, executed the insttutnent.
I certify under PENALTY OF PERJURY under the laws of tate State of Catifon)ia that the foregoing paragraph
is true and correct.
OEBOSII IlJll
WITNESS my hand and official seal. �}cm
SwatureaMotary Public (NoouY l
ADDITIONAL OPTIONAL INFORMATION
m « LA t m,a
(ritlemdescriowafammhod )
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f75t1e a desaipt(m ofaliached dacmumuent wmtinaed)
Number of Pages _ Document Date
(Additional infmmatioo)
CAPACITY CLAIMED BY THE SIGNER
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9
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F�P-S;dr. - wka CF6
(rifle)
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200B Version CAPA v1210.07 800.873-9865 www.NcuuyClaues.eom
INSTRUCTIONS FOR COMPLETING TIRS FORM
Any oabradatmae+r uwxplaad in C,a/yrrds ,amen -nd& n vabiav eraedy as
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wast atsa be the same date the ae)omwkdgmeai is comped.
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comnsisdon followed by a com m and thcayour title (notary public}
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aomminfioa
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EXHIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City of Newport Beach, County of Orange,
State of California:
Parcel 1:
'That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block I of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 ofN iscellaneous 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.
BNAL
0 5116
si��os 1000134
H&(T_ 03720 vl A-1
EXFUfl • B
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FINAL
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l
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I
EXHIBIT C
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITLitIA
AND
DISTRICT REGULATIONS
Adopted May 13,28N
Ordinance No. 2008-9
Effective dune 12,208
FINAL
5116103 10001.34
H&O. #58720 A C-1
HOAG MEMORIAL HOSPITAL PRESBYTEAUN
PLANNED CO
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
�`, FMA L Hma PC_04ISOUDOC
1
Haag MenwFW K I Pros
. ospita bytenian Planned Convr+aniq Denclopnttnt Criteria and District Regrrlalions
I
TABLE OF CONTENTS
i
i
Page
I�
Number
I.
INTRODUCTION
1
II.
GENERAL NOTES
2
M.
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
IDL
SITE PLAN REVIEW.
27
1
FINAL Hoag PC 041 SAL DOC
Hoag Memorial Hospital Presbyterian Planned Conwwntty Devdgpment Criteria and District Regwiations
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
LLST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL Hoag_PC_04I808aDUC
HoogMemorial XoVkal Prrabyleriaa Pla—ed Cov m-nilyDevelopment Criteria and Dbftici Reguladom
1. WRODUCTION
The Hag 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 ofthis
Planned Community District is to provide a method whereby property may be classi:6ed 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 tern, 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 goveming
}
building codes.
FINAL Hoag_PC_041808e.DOC
Kong Memorial HOSPdat Presbyterian Planned CommanhY Development Criteria and District Regu"ans
M 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.
I 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 codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
S. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
FINAL iow_PC 04IBOBuDOC 2
Hoag Manorial Hmrpilal P—bylerian Planned Comwun4 Development Criteria and DbVicl Regulations
III. DEFIM77ONS
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 Fnvelone: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement Gross Floor Area. Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling,
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy; and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non -life threatening situations.
General Plan: The General Plan of the City ofNewport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
FINAL Hoag_PC 041808a.DOC
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Hoag Menmrw flaspital Presbyterian Planned Commanuy Development Criteria and Ddstrdct Regulatdons
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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.
Sweets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
FINAL -Hoa- FC_041808aDOC 4
Hoag AHemorial Havpital Presbyterian Planned Community Dewelopn&W Criteria and Dbirict Regnladow
IV. DEVELOPMENT PLAN
Proiect Characteristics
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 to the west. The Lower Campus is located north of West Coast Highway, south ofthe
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 3738 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, Plamred
Community Site and Boundary Mop. 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 requiremerits 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.
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 Himit 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, BrdldingArea Stalislical AnaWs, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Pro e� ct 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 ECR 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 Hoes—PC 04f808aDOC
M04W d awnal Aospual Presbyterian Planned Community Development Criteria and District Regaladons
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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 acitnowledges 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 Haas„PC 04I609a.DOC
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Hoag Memorial HespUd Presbyterion Planned Community Development Criteria and District Regulations
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i TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
1 TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
fr MAXIMUM ALLOWABLE: 1,3x3,238 SQUARE -FEET
Maiitnum
Allowable Net Allowable
Site Area Building Area Eristhi t Remain•
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U 765,349 sq, fl. 765,349 sq. R 698,121 sq. R 67,228 sq. ft. 990,349 sq. ft. 2
a
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862,815 sq. fi. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. ft 577,889 sq. ft.
O
a
1,61.8,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. fL 1,343,238 sq. ft. J
O
As of the date of adoption.
Z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
' Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
FINAL Hoag PC 041808a.DOC 9
Hoag Memorial Nospi(al Prrsbyteriarr Plaened CoimrurnJty Devdopment Criteria and District Reguladow
V. DISTRICT REGULATIONS
The following regulations apply W all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list Other
hospital -related uses which fit into the five (5) permitted use categories are allowed Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
Lower Campus
a. Hospital facilities, including, but not limited to:
(I) Outpatient services:
(a)
Antepartum Testing
(b)
Cancer Center
(c)
Skilled Nursing
(d)
Rehabilitadon
(e)
Surgery Center
(f)
Clinical Center
(g)
Day Hospital
(h)
Back and Neck Center
(i)
Biofeedback
G)
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 Huu9-PC Od1848n.DOC
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Hoag Memorial HaspW Presbyterian Planned Cam unity Developmew Crderia and Distrix Regrtlali—
(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 f
(e)
Cashier
(f)
Chapel/Chaplaincy Service f
(g)
Conference Center
(h)
Dietitian
(i)
Gift Shop
(j)
Laboratory
(k)
Medical Library
(1)
Medical Records
(m)
Pharmacy
(n)
Parking Facilities°
(o)
Engineering/Maintenance
(p)
Shipping/Receiving
(q)
Microwave, Satellite, and Other Communication Facilities j
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(0
Congregate Care
(5) Medicai/Support Offices
'Parking structures or decks do not count toward square -footage
FINAL Hcag._PC 041808a.DOC I I
Hoag Hemonal HosPW Presbyterimr Planned Caatnurnity Development Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient rues including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(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.
s Does not count toward square -footage
FINAL Hong PC 04I80go-DOC 12
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Hoag Memorial Hav**vl 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 I
routine occupancy
2 Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
I. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two -hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid -rise Zone - maximum building height not to exceed one -
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
0 FINAL Hoag_PC 041808a.DOC 13
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Noag'W—oral Haspltal Presbyterian Planned Conmmundy Development Crift is and Distrid Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteriallaboratory 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 20-1oot 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 Eftghway 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.
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 Ist floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
) FWAL Hcag.PC 041808a.DOC
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Hoag Memorial Hosp&d Prabylenan Planned Commmit Developm en! Crileria and Aistric! Regulation.-
2nd
egrrlatlons
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 201/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, 20% of
the linear frontage within one -hundred fifty (150) feet of West Coast Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings: if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six -hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
RNAI_Hasg PC 04ISO&LDOC 16
XoagMe—H d Aatpifa/.Pmbyterimr Planned Comnnrn&y Dcrelopnren[ Criteria and District Regubidew
G. Signs
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkin,:
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
I. LandMM
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 shalt be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
FINAL Hoag_PC 0418089.DOC 17
i Haag Menmrral Haspiea! Presbyterian Planned Comgwnity Development Criteria and DbYrice Regulations
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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 P 10PM-7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL HaegPC_041808aDOC 18
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EXHIBIT 4
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Hoag Me WnW Hospital Presbyterian Planned ComnmMty Development Crifenn and District Regalations
VI. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on -building wall and ground -mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General 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, fimctional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L.
5. For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
One (1) double-faced primary identification ground -mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
FINAL koag_PC_04I808a.DOC 21
filoag Mentoriat lYosRW PresbOerion Pi—ed Comwivity Dew1opnwnt Criteria and Dt wa Regmkoons
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid -point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall -mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single -faced, double-faced, or triple -faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (1 I) feet average height above finished grade.
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building -mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
, � nNAL Noag_rC o41aoEaooc 22
.': arg Memorial Haspflal PresbWcnaa.Planaed ComamreuY Deurioprnent Criteria and Da&,d Reguladous
VII. HOAG HOSPITAL PARKING REGULATTONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off -Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
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 (I)
Residential Care 1.0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 235 spaces/1,000 square feet (I)
(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.
F1NAL_Hcag_PC 041BDS&DOC
23
_ Hoag Memorial Hospital Pmbylenan Pkmed Coamm mly Demlopaonal Crdma and Dislricl Regulaliens
VIII. HOAG HOSPITAL LANDSCAPE REGULA77ONS
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.
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. 14oag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
F1NA1xoag_eC 041e09a.D0C 24
MM Memorial Baspitd Presbyterian Planned Conwwntty Devdlopnwnt Criterte and MuV id Restoladlons
B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
5. 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
FD im'AL Haa&_PC O4f808aDOC 25
Hoag Meownal MospnW Presbyterian Planned Conwwmty DevelopnwAi Criteria and District Regnldions
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 area shall be devoted to planting areas. Planting areas
around building Stall not be inciuded in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking area to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
=
FINAL—Hoag-PC-04 I 809 -DW 26
Hoag Memorial Arotsp d Presbyterian Planned Commamty Deed meet Criteria and Distriu Regulations
IX. SITE PLAN REVIEW
A. Purpose
--
Ti,. Council finds that developiii,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
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.
3. Replacement of existing cooling towers, exsept fef casualty
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area
C. Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section IX.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review_
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
J >INAL Hoag,Pc auaosa.noC 27
Hoag UO"rlal Hospital Presbyterian Planned Cow=Nity Dew 1opwwnt 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,
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
j adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub -section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P -C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
�` —� FINAL Hoa& -PC 04t809&DM 28
Hoag,i(emorid Hespftal Presbyterian i' —ed Coarmnarty Devrioppwat Criteria and Dirtrid Regukdfons
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.
S. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing stall be
mailed not less than ten 00) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such outer 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
(2I) days fallowing 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.
FWAl _Hoag i C_04 1808aDOC 29
Hoag Memorial Hosp/lal Preshylerfan Planned Commnhy Development Criteria and District JtWuladoxs
]f the development is disapproved, the Commission shall specify the standard or standards that are
not roes
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 shat l be accompanied by a fee as established by Resolution ofthe 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
!. iration. 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.
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 Hoap_PC O4I808a.DOC 30
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Exhibit #6 31
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STATE OF CALIFORNIA }
COUNTY OF ORANGE j ss.
CITY OF NEWPORT BEACH }
I, LaVonne M Harkless, City Clerk of the City of Newport Beach, California, do
hereby certifp 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: gena, Rceansky, Curry, Daigle, Gardner, Mayor Bauch
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)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF NEWPORT BEACH j
City Clerk
City of Newport Beads, California
OF PUBLICATION
I, LAVONNE M. HARELESS, City Clerk of the City of Newport Beach, Cal6fornia., 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.
.0 City Clerk
City of Newport Beach, .California
EXHIBIT D
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 I, Page 88 of
Miscellaneous Maps, Records of Orange County, California.
WE
EXHIBIT E
DEPICTION OF PROPERTY
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EXHIBIT F
MELINDA HOAG SMITH CENTER FOR HEALTHY LIVING AGENCY PARTNERS
;,20121k =,taw -Fl e6s-10044,,1'-3s)e7
Melinda Hoag Smith Center
for Healthy Living
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 andlor Spanish depending on the program.
There is no fee to became 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 tali us at 949-764-655.1 or stop by for an in person visit.
Hours of Operation:
Monday -Friday 8 a.m. — 7 p.m. j 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.
Partner agencies and programs offered if -)Chide:
W-IT"211011 SERVICES PROVIbED I
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
Children`s Bureau
Children's Health Connection
CHOC PODER (Prevention of
Obesity and Diabetes through
Education and Resources)
CIELO - (Community for
Innovation, Entrepreneurship,
Leadership & Opportunities)
Community Action Partnership
Costa Mesa Family Resource Center
Council[ on Aging
Mentorship, education and support programming for cancer patients in any stage of diagnosis,
treatment or remission
General needs assessment, case management and linkage to resources
Healthy Habits educational series
Provides connections to health services, health screenings and health education along 4
with safety equipment
Health and wellness education including nutdifon and physical fitness
Support and educational workshops related to business and entrepreneurial skills, resume
writing, financial and computer literacy
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
E=nglish/Spanish. Collaborative partners; Human Options, Children's Bureau, Girls Inc.,
Raise Foundation, Help Me Grow, and Strong Famifies Strong Children.
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 Cer'tif'ication
CPR and First AM 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
Developments! screanings Por young children; resources for enhancing child development
Hoag -ASPIRE (After School
intensive Outpatient Program (IOP) for 13-17 year olds experienc ng mental health
Program: Intervention and i
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 teaching
Hoag - Health Ministries i
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)
A giHoangOC Vital Brain
9 gProgram
Complimentary memory screening for adults over age 45
Hoag - E ro oralCommunity
Health Workerorker
Support and resources for adults experiencing stress and mental health challenges
9
Human Options
Domestic violence prevention and intervention services, counseling, parenting classes,
PEP (Personal Empowerment Program), support groups
MOMS OC
Preparation far childbirth classes, Mommy & fvle classes
NAMI - National Alliance for the
Support groups and educational classes for family members and caregivers who have a loved
Mentally [li '
one (child or adult) living with mental illness
Olive Crest
Parenting classes
Orange County Department of Child
Support Services
Assistance for parents with obtaining, modifying and collecting child support
Orange County Public
--- -
Health Nursing
Nursing case management, nursing assessment, health education
Partner agencies and Programs offered inClude:
Pifates Pifates classes for adults
Project Youth, OC Bar Foundation Youth diversion programs -'SHORTSTOP" and 'Stop Short of Addiction";
Health and wellness programing for women - IMadres Llnidas"
Project Self Suffciency j 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:
k
1
Youth Advisory Council (YAC); Community Engagement Advisory Committee (CEAC)
Second Harvest _
Food distribution for families in need (must be an adult to participate)
Full scope primary care including preventive health care, urgent medical care and chronic
SOS Children & Family Health Center
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 l
SPIN - Serving People In Meed f
Housing assistance for families in need, GAPP -guided asslstance to permanent placement
Strong Families Strong Children f
Team of peer navigators and clinical case managers help provide support, reseurces, and
J
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
Melinda Hoag Smith Center
for Healthy Luing
30T Placentia Menue
Newport Beach, CA 92353
On the corner of Placentia and Hospital Road
(across the street from Hoag Hospital),
Entrance to parking lot is off Placentia.
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Newport Beach, CA 92563
Melinda Hoag Srnith j 949-764-6551
Centel" for Healthy 0111-ig i hoag.org/MHSCHL
EXHIBIT E
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
E1
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder I SII I I'I
RECORDING REQUESTED BY Af�iipliItI�W�IINW��III�II�Iu��IIfIII�II�I NO FEE
S R Q 0 1 0 8 7 5 2 9 5 S+
AND WHEN RECORDED RETURN TO: 2019000188999 10:40 am 06103119
227 41 B A17 130
City of Newport Beach 0.00 0.00 0.00 0.00 387.00 0.00 0.000.000.00 0.00
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 §§ 27383.
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO. S
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Go vernmeat Code Sections 6586445869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved March 12, 2019
Ordinance No. 2019-6
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Pursuant to California Government Code sections 65864-658695)
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 I 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 PIanning Commission held a properly noticed public
hearing on this Second Amendment and considered the testimony and information submitted by
City staff. Hoag, and members of the public. On January 17, 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance. the Planning Commission
adopted Resolution No. PC2019-003, recommending the City Council approve this Second
Amendment.
I. In recognition of the significant public benefits that the Agreement, as amended,
provides, the City Council has found that this Second Amendment: (i) is consistent with the City
of Newport Beach General Plan as of the date of the Agreement, the Amendment, and this
Second Amendment; (ii) is in the best interests of the health, safety, and general welfare of City,
its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of,
City's police power; (iv) is consistent and has been approved consistent with the final
Environmental Impact Report (FEIR No. 142) ("FEIR") and the supplemental Environmental
Impact Report (EIR No. ER2007-003) (SCH#1991071003) ("EIR") that have been certified by
the City Council on or before the Agreement Date, which analyzed the environmental effects of
the proposed development of the Project on the Property, and all of the findings, conditions of
approval and mitigation measures related thereto; and (v) is consistent and has been approved
consistent with provisions of California Government Code section 65867 and NBMC chapter
15.45.
J. On February 26, 2019, the City Council held a properly noticed public hearing on
this Second Amendment and considered the testimony and information submitted by City staff,
Hoag, and members of the public. On ffi"4 -1'L , 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019--.6, 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:
follows: 1. Term of Agreement. Section 6.3 is hereby amended in its entirety to read as
"Term of Agreement. The term of this Agreement (the "Term") shall begin on the
Effective Date and continue until September 15, 20I9, 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.
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 FOLLOWS1
Attachments - Exhibit A: Development Agreement dated February 14, 1994
Exhibit B. Amendment to Restated Development Agreement No. 5 dated June 17,
2008
Exhibit C: Legal Description
Exhibit D: Legal Depiction
SIGNATURE PAGE TO
SECOND AMENDWNT TO RESTATED DEVELOPMENT AGREEMENT NO.5
�. r. +7 ./.. . ..i
Ma. 1
APPROVED AS TO FO
By: R c -
Aaron C. Harp, City Attorney "* 1411111
CITY:
CITY OF NEWPORT BEACH,
a California mEixo�n,
cipal corpo tion and charter city
By:
Diane B. Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonro fit publ' benefit corporation
Name: Sa�tzl mi
Title: Senior Vice President Real Estate & Facilities
By:
Namew : An Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
LIM
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FOR
By: r
Aaron C. Harp, City Attorney 4A* 44t -4t4
Diane B. Dixon, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
Signed in Counterpart
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
Signed in Counterpart
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be ,Notarized)
ACKNOWLEDGrvM-JT
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 ofss.
On S 201 20 before me, Notary Public,
personallygpeared who proved to me on the basis
of satisfactory evidence to be the s) whose wine(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized c;apacity(ies), and that by
his/hedtheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the persons)
acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct
SS my hand and offici seal. o ►IFE HALL
Notary Public • Canarnia z
Orange County
Commission 12275291
*my Comm. Expires Feb 12, 2023
Pq
rgnature (seal)
ACKNOWLEDGMEIN T
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 Cal ' o 'a
County of ss. /
On 20IA before me, Notary Public,
personally ip1earecT , proved to me on the basis of
satisfactory evidence to be the person(s) whose rame(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 andt,
eorrec
WITNESSry hand and official sep- Dam LEE 14ul.
3Notary Public - California
ieMy
Orange County
Commission 11275291
Comm. Expires Feb t2, 2023 ^
Signature (seal)
ME
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
truthfidness, 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
truthfuhiess, accuracy, or validity of that document.
State of California
County of
On
personally appeared
SS.
20 before me,
(seal)
. Notary Public,
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)
EXHIBIT E
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
E1
Recorded in Official Records, Orange County
Hugh INguyen, Clerk -Recorder
RECORDING REQUESTED BY f IuIIII��IIfjIIfpja��jjjj10jj VIIIIIIIjNhj[III NO FEE
+
AND WHEN RECORDED RETURN TO: S R 0 0 1 0 8 7 5 2 9 5 S+201900018899910:40 am 06103119
227 418 A17 130
City of Newport Beach 0.00 0.00 0.00 0.00 387.00 0.00 0.000.000.00 0.00
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Citv 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 §§ 27383.
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT
NO.5
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved March 12, 2019
Ordinance No. 2019-6
;J
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 I Hoag
Drive (Assessor's Parcel No.'s 423-011-30, 423-011-28), ("Property"). The Property is more
particularly described in the legal description attached hereto and as Exhibit C and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit D and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement dated February
14, 1994, for reference purposes and recorded in the Official Records of Orange County on
March 23. 1994, as document number 94-0207276 ("Agreement").
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 ("Amendment"). All terms not otherwise
defined in this Second Amendment shall have the meanings given them in the Amendment and
the Agreement.
D. Under the Agreement, the Term of the Agreement was for twenty five (25) years
and the Parties now desire to enter into this Second Amendment to the Agreement to extend the
Term another six (6) months.
E. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code (`'NBMC")
Regarding Development Agreements" that amended the terms of NBMC Section 15.45 (the
"Development Agreement Statute and Ordinance"). This Second Amendment is consistent
with the Development Agreement Statute and Ordinance.
G. This Second Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General Plan's designation of the Property as "Private
Institutions - PI," and the Amendment and Agreement.
H. On January 17, 2019, the Planning Commission held a properly noticed public
hearing on this Second Amendment and considered the testimony and information submitted by
City staff, Hoag, and members of the public. On January 17, 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance. the Planning Commission
adopted Resolution No. PC2019-003, recommending the City Council approve this Second
Amendment.
1. 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 ffi^ c(r.- M-_, 2019, consistent with applicable
provisions of the Development Agreement Statute and Ordinance, the City Council held second
reading and adopted Ordinance No. 2019- 6, 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 I loag agree as follows:
I. 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. 20I9. 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 rcview 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.
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
3
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
CITY:
CITY OF NEWPORT BEACH,
a California municipal corpo 'on and charter city
By:
Diane B.kon, Mayor
APPROVED AS TO FO
By:
Aaron C. Harp, City Attorney "- 44014
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California no rofit publ' benefit corporation
By
Name: S`fbrd-9m— i
Title: Senior Vice President Real Estate & Facilities
By: *�a
Name: 4w�Guarni
Title: Senior Vice President and Chief Financial
Officer
(A11 Signatures to Be Notarized)
4
SIGNATURE PAGE TO
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
In
ATTEST:
al
Leilani I. Brown, City Clerk
APPROVED AS TO FO
By: ar
Aaron C. Harp, City Attorney "»'wti4ti9
Diane B. Dixon, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By: Signed in Counterpart
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
Signed in Counterpart
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(,411 Signatures to Be Notarized)
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
truthfiilness, accuracy, or validity of that document.
State of Califixrnk
County of ss.
20 before me,Notary Public,
personally appeared IVI &u.,.!L
who proved to me on the basis
of satisfactory evidence to be flue s) whose name(s) is/are subscribed to the within mstnmient and
acknowledged to me that he/sheJthey eXWAded the same m his/her/their authorized capacity(ies), and that by
his/hedtheir signatures(s) on the instrummt 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.
SS my hand and offic' seal. DEBRA LEE HALL
Notary Public . California =
iOrange County
Commission 0 2275291
*)Ay Comm. Expires Feb f I, 202J r
w+s��
rgIIatmE (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity ofthe individual who signed the
document to which this certificate is attached, and not the
trUtI fulness, accuracy, or validity of that document.
State of Calico 'a
County of SS. }C� 11
20 r _i before me Notary Public,
Fe15O�y aPP�Ze ✓ proved to me on the basis of
satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and
acknowledged to me that he/shelthey 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 y and and official seVLI. DEBRA LEE HALL
Notary Public • California
orange County
*My
Commission R 2275291
Comm. Expires Feb 12, 2023
Signature (seal)
In
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
uthfulness, accuracy, or validity of that documen
trt.
State of California
County of } ss.
On 120 before me, , Notary Public,
pemOIIally appeared who proved to me on the basis
of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and
acknowledged to me that he/shehhey 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
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
u
(seal)
EXHIBIT F
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
F1
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Hugh Nguyen, Clerk-Recorder
j-Recorder
AND WHEN RECORDED RETURN TO:NO FEE
I�IIIIS�IIIIIIIIIIII�III�1III1iIIIIIIIIIIIIIIIIII�IIIliII12IIlI�Illllll
City of Newport Beach 2019000318392 9:39 am 08/27/19
100 Civic Center Drive 9 415 Al2 264
Newport Beach, CA 92660 0.00 0.00 0.00 0.00 789.00 0.00 0.000.000.00 0.00
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
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved JulyL3, 2019
Ordinance No. 2019-12
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's attached hereto as Exhibit E which
extended the Tenn 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 tern 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
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) (' EIit') 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:
I . Term of Aareement. 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:
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
instalments 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 fiords 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 ful 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[
SIGNATURE PAGE TO
THIRD Ary ENDNIENT TO RESTATED DEVELOPMENT AGREErVIENT NO.5
ATT ST:
By:
L Tani 1. Irown, City Cleric
APPROVED AS TO FORM:
By, C/L�
4�ue,Iaro V
Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal co ration and ch er city
By:
Diane B. Dixon, Ma r
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
Name: S o
Title: Senior i e President Real Estate & Facilities
By:
Name-Andbw Guarni
Title: Senior Vice President and Chief Financial
Officer
(,IIISignatures to Be Notari?ed)
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
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 o
On -2 Before me, �ji�r �GGG� , Notary Public,
personally ad eared , who proved to me on the basis
of satisfactory evidence to beMe 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
hWherltheir 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 Cal ifomia that the Foregoing paragraph
is true and correct.
WITNF�S my {rand and official seal. emy
DEBRA LEE HALL
_Notary Public • California r
Orange County
Commission = 2275291 Comm. Expires Feb t2. 2021
S ignature (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 Cali m'a
County of ss. l
on '20 before me, & ,Notary Public,
personally 4 peared u V'e'riq j , proved to me on the basis of
satisfactory evidence to he 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 cerci under PENALTY OF PER3fJRY under the laws ufti3e State ofCal iFornia that the Foregoing paragraph
is tr and correct.
DEBRA LEE HALL
= Notary Public • California
W [ SS fy hand a d official seal. _ �y-• -
t, �- orange Caunrf _
Commission T 2275291
M� Comm. E,tpires reb 12, 2023
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 .26 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/shehhey executed the same in his/herhheir 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 histher/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)
EXHIBIT G
FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
F1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
3aU
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
If
l -llllll NO 1EE1111111
llilllid113ill
* S R 0 0 1 2 0 2 1 7 3 1 S*
2020000482740 4:29 pm 09/10/20
320 RW1 A Al2 529
City of Newport Beach 0.00 0.00 0.00 0.001584.00 0.00 0.000.000.00 0.00
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
W E
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 6586¢65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved August 25, 2020
Ordinance No. 2020-18
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's. 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
one (1) year.
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. 2020-18 approving this Fourth Amendment.
1. 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 terns of NBMC Section 15.45 (the "Development Agreement Statute and Ordinance"), the
Agreement, Amendment, Second Amendment and Third Amendment (collectively the "Amended
Al ent'j.
J. In recognition of the significant public benefits provided in the Amended
Agreement, and the fact that the one (1) 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'I 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 A ern . The term of this agreement (the "Tenn") shall begin on the
Effective Date and continue until September 15, 2030, 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
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 ofNewport Beach Municipal Code section 15.45.100.
[SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE TO
FOURTH ANIENDNfENT TO RESTATED DEVELOPMENT AGREEMENT NO, 5
ATTEST;
By:
Leila ui I. Brawn, City rk
APPROV D A5 TOF❑RM: ff
Aaran C. Harp, City Attorney
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
By:/17
Wilt O'Neill, Mayor
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERfAN,
a California nonprofit public benefit corporation
Name: Sanford Smi
Title: Senior V'ce President Real Estate & Facilities
By:
Ni ame: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signalures to Be Nalrrrrzed)
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. 200S
Exhibit E: Second Amendment to Restated Development Agreement No. 5
Exhibit F: Third Amendment to the Restated Development Agreement No. 5
ACKNOWEEDGiti1ENT
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 C �` Mia J !
County of `- 'U{..� 11
On h wY1 , 2U 2c 7 before me, _ �_ �r L. , Notary Public,
personail appeared ) -, , who proved to me on the basis
of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and
acknowledged to rite that helshelthey executed the same in his/her/their authorized capacity(ies), and that by
hislherltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
f certify Linder PENALTY QF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WIT1 ESS my hand and official seal.
f
ignature
ACKNOWLEDGME, NT
A notary public or other officercomp[eting 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 Cal&rnia
Y DEBRA LEE HALL
Notary Public - California
or:ingE. County
My
Commission T 2275241
Comm. Expires Feb 12. 2923
(seal)
Caun�iof J 1i1 ,S• ti
on
J 1 20 before me, Notary Public,
personal] appeared '� �[, i r,r .i'ri 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 P£ttlt. RY under the laws of the State of California that the Foregoing paragraph
is true and correct.
=s — -
DEBRA LEE HALL
{,WITH SS to h d �
do 1 seri. ,' '`' � • ;;fit: votary Public -California
orange County
r fff %' Commission 1 2215291
f My Camm. Fxpires Feb 12, 2023
Signature ���jjjtttJJJLLLfff (seal)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2021-23 was duly introduced on the 26th day of October, 2021, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 16th day of November, 2021, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 17th day of November, 2021.
41 JA
r•
yn
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2021-23 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: October 30, 2021
Adopted Ordinance: November 20, 2021
In witness whereof, I have hereunto subscribed my name this ko day of November, 2021.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California