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HomeMy WebLinkAboutRESOLUTION-ORDINANCESORDINANCE NO. 92-4 AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OFNEWPORTBEACHAND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT AGREEMENT NO. 5) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and c. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the adoption of development agreements; and e. Development Agreement No. 5 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, duly noticed public hearings were held by the Planning Commission and the City Council to consider Development Agreement No. 5; and g. The City Council finds that said Development Agreement is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that said Development Agreement is in conformance with the Newport Beach General Plan. f • • SECTION 2. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code establishing procedures and requirements for the consideration of development agreements, Development Agreement No. 5 for Hoag Memorial Hospital Presbyterian, attached hereto as Exhibit "A", is hereby approved. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach and said • Development Agreement is made a part hereof by this reference. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be 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 llth day of May ,1992, and was adopted on the 26th day of May ,1992, by the following vote, to wit: AYES, COUNCIL MEMBERS HEDGES TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCIL MEMBERS WATT ABSENT COUNCIL MEMBERS NONE MAYOR ATTEST Attachment Exhibit "A": Development Agreement No. 5 for Hoag Memorial Hospital Presbyterian PLT..\CC\AMD\DAS.ORD ti Recording Requested By and When Recorded Return to: City Clerk City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 • DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN Approved Ordinance No. • • C-z7/Z • DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian ("Hoag"). • its RECITALS. This Agreement relates to the following: 1.1 Purpose of Agreement. This Agreement is intended to: (a) Enable Hoag to adapt to the ever changing health care needs of those residents within its service area by authorizing construction of new or additional facilities in a manner that will allow Hoag to respond to rapid changes in medical and health care technology and delivery systems. (b) Establish strict, binding limits on the amount and height of permitted development as well as ensure compliance with numerous conditions on the density, location, and timing of construction to minimize, to the extent feasible, any environmental impacts of Hoag's proposed expansion. (c) Impose exactions such as dedication of property, construction of public improvements and/or the installation of landscaping visible to the public, which, when considered in conjunction with the public services provided by Hoag, benefit the general public. 1.2 Authorization. This Agreement is authorized by, and is consistent with, the provisions of 65864 et seq. of the Government Code of the State of California, and Chapter 15.45 of the Newport Beach Municipal Code. 1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of approximately forty (40) acres of real property located in the City and more particularly described in Exhibit "A" and depicted in Exhibit "B" (the "Property"). 1.4 Development of the Property. This Agreement authorizes development on the Property consistent with the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan ("Master Plan", a copy of which is attached to this Agreement as Exhibit "C" and incorporated by reference when appropriate), subject to the conditions and mitigation measures identified in Environmental Impact Report No. 142 and kr\hoagda.fnl 5-20-92 imposed by the City Council as conditions to approval of the Master Plan and this Agreement. •'; 1.5 Planning Commission/Citv Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5, 1991, January 9, 1992, January 23, 1992, February 6, 1992, and February 20, 1992. The City Council conducted public hearings on the Master Plan, this Agreement and the EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 11, 1992. 1.6 Consistency. This Agreement is consistent with the various elements of the Newport Beach General Plan, the Master Plan, and other applicable ordinances, plans, and policies of the City. This Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic costs of development by providing assurance to Hoag that it may generally proceed with projects in accordance with existing regulations, and provides assurance to adjoining property owners that limits on the height of structures and amount of development as specified in the Master Plan and this Agreement will remain in full force and effect for a period of twenty- five (25) years. 1.7 Police Power. The City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.8 City Ordinance. On May 26, 1992, the City Council adopted Ordinance No. 92-4 approving this Agreement and authorizing the City to enter into this Agreement. The Adopting Ordinance will become effective on June 26, 1992. 2. DEFINITIONS. 2.1 The "Adopting Ordinance" refers to City Ordinance No. 92-4, adopted on May 26, 1992 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". kr\hoagda.fnl 5-20-92 2 • 2.3 "Annual Review" refers to the review of Hoag*s good faith compliance with this Agreement and conditions on development as set forth in Section 5. 2.4 The "Approval Date" means the date on which the City Council voted to adopt the Adopting Ordinance. 2.5 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases, and assignments. 2.6 "CEQA" 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 cured pursuant to Section 9. 2.10 A "day" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Hoag Default" refers to a default by Hoag. 2.12 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. 2.13 The "EIR" refers to Environmental Impact Report No. 142 of the City of Newport Beach. 2.14 An "Estoppel Certificate" refers to the document certifying the status of this Agreement required by Section 5.6 in the form of Exhibit "D". 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 as listed in Section D. All Exhibits are incorporated as a substantive part of this Agreement. The Exhibits to this Agreement are: kr\hoagda.fnl 5-20-92 3 Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description of the Property Map of the Property The Master Plan Estoppel Certificate 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 2.20 below) adopted by the City after the Approval Date. 2.19 "General Regulations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and/or construction within the City and include, the Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.20 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date and effective prior to the Effective Date. 2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non- profit corporation. 2.22 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to." 2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C"). 2.24 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale -leaseback agreement, or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.25 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. kr\hoagda.fnl 4 5-20-92 • 2.26 The "Parties" refers to the City and Hoag and a "Party" shall refer to either of the Parties. 4111 2.27 "Plannina Commission" refers to the Planning Commission of the City. 2.28 The "Project" refers to the proposed development of the Property pursuant to the Master Plan and this Agreement. 2.29 "Project Specific Approvals" means all site -specific (meaning specifically applicable to the Property only and not generally III applicable tosome or all other properties within the City) plans, subdivision maps, permits, or other entitlements. Project Specific Approvals include subdivision maps, site plan review, conditional use permits, variances, grading and building permits, as well as amendments or modifications to those plans, maps and permits. Project Specific Approvals does not include Existing or Future General Regulations. 2.30 The "Property" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." 3. CONDITIONS TO DEVELOPMENT. A 3.1 Introduction. The provisions of this Section express the intent of the parties regarding the extent to which this Agreement vests Hoag's right to proceed with the development described in the Master Plan. Hoag acknowledges that its right to proceed with development described in the Master Plan is subject to numerous conditions and mitigation measures including the following: (a) The specific limitations and restrictions contained in the Master Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; (c) Conditions imposed by the City as a result of subsequent or supplemental environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; (d) Conditions imposed by the City Council in conjunction with the approval of Traffic Study No. 81 and Variance No. 1180; (e) Compliance with the terms and conditions specified in this Agreement. kr\hoagda.fnt 5-20-92 5 (f) Compliance with Existing General Regulations. 3.2 Compliance with Master Plan Conditions/Mitigation Measures. Hoag acknowledges that City Council approval of the Master Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimize or eliminate the significant adverse effects of the Project and ensure the health, safety, and welfare of nearby residents as well as Hoag patients and employees. Many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before grading or construction. Specific mitigation measures that require compliance with, or satisfaction of, standards before grading or construction can occur include the following: (a) Slope excavation techniques which insure stability; (b) Grading and excavation techniques which minimize disturbance to adjacent residents and the general public; (c) Identification of potential faults on site and construction of buildings pursuant to recommendations of certified geologists and in a manner which insures that nearby residents, Hoag patients and Hoag employees are not exposed to a significant risk of injury; (d) Evaluation of soil corrosivity and removal of corrosive soils or use of corrosion resistant construction materials; (e) Mitigation of impacts caused by removal of wetlands through off -site restoration as required by resource agencies; (f) Preparation and approval of a project trip generation study prior to development of Phase I of the Master Plan (if Hoag proposes a land use other than specified in the approved Traffic Study); (g) Preparation and approval of a project trip generation study as a condition to construction of development in Phases II and III of the Master Plan; (h) Preparation and approval of a Traffic Phasing Ordinance analysis prior to construction of development in Phase II and Phase III of the Master Plan; kr\hoagda.fnl 5-20-92 6 • • (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, as well as conditions and mitigation measures resulting from subsequent environmental analysis as specified in Paragraph 3.3. 3.3 Program EIR. Hoag acknowledges that the EIR is a "Program EIR." The EIR analyzes the impacts of construction phased over time and, pursuant to CEQA, City is under a continuing obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the request were fully addressed in the EIR. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIR, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIR. Hoag acknowledges the right and obligation of the City to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. 3.4 Mitigation Monitorina Plan. City shall Monitoring Plan ("Plan") within sixty Effective Date. Hoag shall not submit Project Specific Approval until the Plan the City Council. The Plan shall comply requirements of CEQA and the Guidelines available to the public upon request. prepare a Mitigation (60) days after the any application for has been approved by with and satisfy the . The Plan shall be 3.5 Compliance with General Regulations. Hoag is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, Hoag shall pay the fee, cost, or expense required as of the date on which Hoag submits the application for Project Specific Approval. Hoag shall also comply with any Future General Regulations that do not impair Hoag's ability to develop the Property in accordance with the density, intensity, height and location of development specified in the Master Plan. Hoag shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the kr\hoagda.fnl • 5-20-92 7 • • • Approval Date, which are in effect at the time applications for specific development permits are submitted. . RIGHT TO DEVELOPMENT. 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. In granting Project Specific Approvals, City may impose standard conditions pursuant to Existing General Regulations generally applicable to similar projects provided the conditions 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. 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 permit authorizing development, construction, use or operation of the Property. 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. 4.4 Time for Construction and Completion of Proiect. Subject to the provisions of this Agreement and the Master Plan, Hoag shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive approval of, in a timely manner, permits or approvals at any time. kr\hoagda.fnl 5-20-92 8 • • • 5. ANNUAL REVIEW. 5.1 City and Hoaa Responsibilities. At least every twelve (12) months during the Term, the City shall review Hoag's good faith substantial compliance with this Agreement (the "Annual Review".). After the Annual Review, the City's finding of good faith compliance by Hoag shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to, be addressed shall be made by the requesting Party. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued at the request of either Party to afford sufficient time for analysis and preparation of a response. 5.2 Public Hearing. The Annual Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code. 5.3 Information to be Provided to Hoaa. The City shall mail to Hoag a copy of the staff report and related exhibits concerning Agreement performance a minimum of ten (10) days before the Annual Review. 5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. 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. 5.5 Review Letter. If Hoag is found to be in compliance with the Agreement after the Annual Review, the City shall issue, within ten (10) days of Hoag's written request, a letter to Hoag stating that the Agreement remains in effect and Hoag is not in Default. 5.6 Estoppel Certificate. Either Party may at any time deliver written Notice to the other Party requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. kr\hoagda.fnl 5-20-92 9 • • • (b) (c) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. No Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the city. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 5.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Hoag's Default. 6. GENERAL PROVISIONS. 6.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 6.2 Applicability to Coastal Zone. This Agreement shall not be applicable to those portions of the Property located within the Coastal Zone as defined by the California Coastal Act (Division 20, California Public Resources Code, beginning with Section 30000) until either (1) the required local coastal program for the Property has been certified by the California Coastal Commission or (2) the California Coastal Commission has approved this Agreement. This Subsection is intended solely to comply with the provisions of California. Government Code Section 65869 and shall be of no force or effect if Section 65869 is repealed. 6.3 Term of Aareement. 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. 6.4 Assignment. Hoag has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of krVhoagda.fnt 5-20-92 10 • • • 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), 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 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: kr\hoagda.fnl 5-20-92 (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, 11 • • (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 for, 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 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 • (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; krVioagda.fnt 12 5-20-92 • • • (e) (f) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and Hoag consents in writing to the modification. Hoag shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 7.2 Effect of Termination. If this Agreement is terminated as a result of changes in state or federal law, Hoag remains obligated to comply with the provisions of Section 8.2(a) and (b), unless Hoag has completed construction of less than twenty-five percent (25%) of the maximum permitted development. 8. PUBLIC BENBFITS/EXACTIONS. 8.1 Public Benefits. City and Hoag agree that this Agreement confers a substantial public benefit by enabling Hoag to construct facilities most appropriate to changes in medical technology and thereby better satisfy the health care needs of residents within its service area. In addition, the Master 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) Irrevocably offer to dedicate and grade the proposed linear and consolidated view park identified in Figure 3.2.1 of Volume 1 of the EIR. Hoag shall grade and excavate the slope adjacent to the proposed .28 (28/100) acre consolidated view park and .52 (52/100) acre 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. (b) Subsequent to the approval of this Agreement by the Coastal Commission and the expiration of any statute of limitation for filing a legal challenge to this Agreement, the Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars ($250,000.00) in an account, and at a financial kr\hoagda.fnl 5-20-92 13 • • (c) • 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; (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. City and Hoag shall conduct a study of 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). kr\hoagda.fnl 5-20-92 14 • • a (d) Hoag's obligations pursuant to Subsection (c) are contingent on Coastal Commission approval of the Master Plan and this Agreement with no significant reduction in entitlement from that authorized in the Master Plan. Hoag's obligations pursuant to Subsection (b) shall be reduced through good faith negotiations in the event the Coastal Commission reduces entitlement by ten percent (10%) or more from that authorized in the Master Plan. DEFAULT. REMEDIES AND TERMINATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party a written Notice of Default. The Notice of Default shall specify the nature of'the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 option to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Party a Notice of intent to terminate the Agreement. Within thirty (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. 9.3 Notice of Termination. After considering the evidence presented to the City Council, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the existence of a Default. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11.16, in which case the court must render an independent judgment, on the basis of clear and convincing evidence, as to the existence of good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. kr\hoagda.fnl 5-20-92 All Ilk • 15 • 9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Party's right to give future Notice of the same or any other Default. 9.5 Default by Hoag. If the City alleges a Hoag Default, the City shall conduct a hearing utilizing the Annual Review procedures required by this Agreement before the City may commence legal proceedings to terminate this Agreement. 9.6 Default by the City. If Hoag alleges a City Default, Hoag, without limiting any of its other remedies, shall not be 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. 10. ENCUMBRANCES AND RELEASES ON PROPERTY. '10.1 Discretion to Encumber. Hoag may encumber all or any portion of the Property in any manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Hoag and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification. �1. MISCELLANEOUS PROVISIONS. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City written Notice of any Hoag Default at the same time Hoag is provided with Notice pursuant to Section 9.1. 11.1 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 kr\honda.fnl 5-20-92 16 • • (c) For telegram, upon the transmission of the telegram. Notices shall be addressed as follows: 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 & Winton 19100 Von Harman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delav;Extension of Time of Performance. Neither Party shall be deemed to be in Default where delays or non- performance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, acts of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, suspension of rights in accordance with the existence of unforeseen circumstances, litigation, or similar bases for excused performance. If written Notice of such delay is given to the other Party within thirty (30) days after such delay begins an extension of time for performance shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon. In no event shall the term of this Agreement be extended as a result of the application of this Subsection. 11.3 severability. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement objectively cannot be modified to kr\hoagda.fnt 5-20-92 17 • d • 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 Agreement shall become void. For purposes of this Section, and without excluding the possible materiality of other provisions of this Agreement, all provisions of Section 4 are deemed "material." 11.4 kntire 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. 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 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. kr\hoagda.fnl 5-20-92 18 t. 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. 111/1 11.14 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement void or ineffective. 11.15 Institution of Leaal 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. *ate: • , 1992 CITY OF NEWPORT BEACH By: Mayor Date: , 1992 HOAG MEMORIAL HOSPITAL PRESBYTERIAN By: Albert J. Auer Chairman of the Board krVoagda.fnl 5-20-92 19 • • • • ORDINANCE NO. 94- 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT AGREEMENT NO. 5) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and comnutment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and c. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the adoption of development agreements; and e. The amended Development Agreement No. 5 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider the amended Development Agreement No. 5; and g. The City Council finds that said Development Agreement is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that said Development Agreement is in conformance with the Newport Beach General Plan. SECTION 2. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code establishing procedures and requirements for the consideration of development agreements, the amended Development Agreement No. 5 for Hoag Memorial Hospital Presbyterian, attached hereto as Exhibit "A", is hereby approved. • • • SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach and said Development Agreement is made a part hereof by this reference. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be 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 24th day of January ,1994, and was adopted on the 14th day of February ,1994, by the following vote, to wit: AYES, COUNCIL MEMBERS SANSONE, WATT, TIMER, HART, COX, DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES Ai !EST: CITY CLERK Attachment Exhibit "A": Amended Development Agreement No. 5 for Hoag Memorial Hospital Presbyterian PLT:..ICC .4MD\ADA5.ORD • 1 ttEtORD1NG REQUEST PER GOVERNMENT CODE 6103 Recording Requested By and When Recorded Return to: City Clerkiel City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 4.) • DOC # 94-0207276 23—MAR-1994 43: 59 PM Recorded in Official Records of Oranse County, California Lee A. Branch, County Recorder Pie 1 of 51 Fees: $ 0,00 Tax: $ 0,00 DEVELOPMENT AGREEMENT BETWEEN THE CITY OP NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN Approved February 14, 1994 Ordinance No. 94-8 61 o • DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian ("Hoag"). i A • RECITALS. This Agreement relates to the following: 1.1 Purpose of Agreement. This Agreement is intended to: (a) Enable Hoag to adapt to the ever changing health care needs of those residents within its service area by authorizing design parameters of new or additional facilities in a manner that will allow Hoag to respond to rapid changes in medical and health care technology and delivery systems. (b) Establish strict, binding limits on the amount and height of permitted development as well as ensure compliance with numerous conditions on the density, location, and timing of construction to minimize, to the extent feasible, any environmental impacts of Hoag's proposed expansion. (c) Impose exactions such as dedication of property, construction of public improvements and/or the installation of landscaping visible to the public, which, when considered in conjunction with the public services provided by Hoag, benefit the general public. 1.2 Authorization. This Agreement is authorized by, and is consistent with, the provisions of 65864 et seq. of the Government Code of the State of California, and Chapter 15.45 of the Newport Beach Municipal Code. 1.3 Interest of Hoag. Hoag is the legal and/or equitable owner of approximately forty (40) acres of real property located in the City and more particularly described in Exhibit "A" and depicted in Exhibit "B" (the "Property"). 1.4 Development of the Property. This Agreement authorizes development on the Property consistent with the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan ("Master Plan", a copy of which is attached to this Agreement as Exhibit "C" and incorporated by reference when appropriate), subject to the conditions and mitigation measures identified in Environmental Impact Report No. 142 and imposed by the City Council as conditions to approval of the Master Plan and this Agreement and, for all development within 1 • • the coastal zone subject to approval of a coastal development permit by the California Coastal Commission or its successor agency. 1.5 Planning Commission/City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5, 1991, January 9, 1992, January 23, 1992, February 6, 1992, and February 20, 1992. The City Council conducted public hearings on the Master Plan, this Agreement and the EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 11, 1992. 1.6 Consistency. This Agreement is consistent with the various elements of the Newport Beach General Plan, the Master Plan, and other applicable ordinances, plans, and policies of the City. This Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic costs of development by providing assurance to Hoag that it may generally proceed with projects in accordance with existing regulations, and provides assurance to adjoining property owners that limits on the height of structures and amount of development as specified in the Master Plan and this Agreement will remain in Tull force and effect for a period of twenty- five (25) years. 1.7 Police Power. The City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.8 City Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 94-8 approving this Agreement and authorizing the City to enter into this Agreement. The Adopting Ordinance will become effective on March 16, 1994. 2. DEFINITIONS. 2.1 The "Adopting Ordinance" refers to City Ordinance No. 94-8, adopted on February 14, 1994, by the City Council, which approved and authorized the City to enter into this Agreement. 2.2 "Agreement" refers to this "Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian". 2 • • AlIlk w 2.3 "Annual Review" refers to the review of Hoag's good faith compliance with this Agreement and conditions on development as set forth in Section 5. 2.4 The "Approval Date" means the date on which the City Council voted to adopt the Adopting Ordinance. 2.5 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases, and assignments. 2.55 "California Coastal Commission" refers to the California State Resources Agency established under the California Coastal Act of 1976. 2.6 "CEOA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guidelines promulgated by the Secretary of Resources of the State of California, including any amendments adopted subsequent to the Effective Date. 2.7 "City" refers to the City of Newport Beach, California. 2.8 "City Council" refers to the City Council of the City. 2.9 "Cure Period" refers to the period of time during which a Default may be cured pursuant to Section 9. 2.10 A "dav" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Hoag Default" refers to a default by Hoag. 2.12 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. provided however, the Agreement has been approved by the California Coastal Commission, and the Executive Director of the Coastal Commission is in receipt of a copy of this Agreement signed by both parties. 2.13 The "EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach and Supplemental Environmental Impact Report No. 142. 2.14 An "Estoppel Certificate" refers to the document certifying the status of this Agreement required by Section 5.6 in the form of Exhibit "D". 3 •• • 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: Exhibit B: Exhibit C: Exhibit D: Legal Description of the Property Map of the Property The Master Plan 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 Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.20 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date and effective prior to the Effective Date. 2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non- profit corporation. 2.22 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to." 2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C"). 2.24 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale -leaseback agreement, or other 4 • • • • transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.25 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.26 The "Parties" refers to the City and Hoag and a "Party" shall refer to either of the Parties. 2.27 "Planning Commission" refers to the Planning Commission of the City. 2.28 The "Project" refers to the proposed development of the Property pursuant to the Master Plan and this Agreement. 2.29 "Project Specific Approvals" means all site -specific (meaning specifically applicable to the Property only and not generally applicable to some or all other properties within the City) plans-, subdivision maps, permits, or other entitlement. Project Specific Approvals include subdivision maps, site plan review, conditional use permits, coastal development permits, variances, grading and building permits, as well as amendments or modifications to those plans, maps and permits. Project Specific Approvals does not include Existing or Future General Regulations. 2.30 The "Property" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." CONDITIONS TO DEVELOPMENT. 3.1 Introduction. The provisions of this Section express the intent of the parties regarding the extent to which this Agreement vests Hoag's right to proceed with the development described in the Master Plan. Hoag acknowledges that its right to proceed with development described in the Master Plan is subject to numerous conditions and mitigation measures including the following: (a) The specific limitations and restrictions contained in the Master Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; 5 5 it • • • Conditions imposed by the City as a result of subsequent or supplemental environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; -Conditions imposed by the City Council in conjunction with the approval of Traffic Study No. 81 and Variance No. 1180; Compliance with the terms and conditions specified in this Agreement. Compliance with Existing General Regulations. 3.2 Compliance with Master Plan Conditions/Mitigation Measures. Hoag acknowledges that City Council approval of the Master Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimize or eliminate the significant adverse effects of the Project and ensure the health, safety, and welfare of nearby residents as well as Hoag patients and employees. Many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before grading or construction. Specific mitigation measures that require compliance with, or satisfaction of, standards before grading or construction can occur include the following: (a) Slope excavation techniques which insure stability; (b) Grading and excavation techniques which minimize disturbance to adjacent residents and the general public; (c) Identification of potential faults on site and construction of buildings pursuant to recommendations of certified geologists and in a manner which insures that nearby residents, Hoag patients and Hoag employees are not exposed to a significant risk of injury; (d) Evaluation of soil corrosivity and removal of corrosive soils or use of corrosion resistant construction materials; (e) Mitigation of impacts caused by removal of wetlands through off -site restoration as required by resource agencies; (f) Preparation and approval of a project trip generation study prior to development of Phase I of the Master Plan (if Hoag proposes a land use other than specified in the approved Traffic Study); 6 • (g) Preparation and approval of a project trip generation study as a condition to construction of development in Phases II and III of the Master Plan; (h) Preparation and approval of a Traffic Phasing Ordinance analysis prior to construction of development in Phase II and Phase III of the Master Plan; (i) Preparation of a view impact analysis of each proposed building prior to issuance of permits; (j) Analysis and mitigation of emissions in accordance with the regulations of the South Coast Air Quality Management District; (k) Preparation and approval of a construction phasing and traffic control plan for each phase of development. Hoag's right to develop the Property pursuant to the Master Plan is contingent upon compliance with, and satisfaction of, the conditions and mitigation measures imposed by. the City Council as of the Approval Date, conditions imposed by the California Coastal Commission required for approval of coastal development permits, as well as conditions and mitigation measures resulting from subsequent environmental analysis as specified in Paragraph 3.3. 3.25 Future Coastal Act discretionary review may result in specific mitigation measures to ensure consistency with the Coastal Act that require compliance with, or satisfaction of, standards before grading or construction can occur. 3.3 Program EIR. Hoag acknowledges that the EIR is a "Program .IR." The EIR analyzes the impacts of construction phased over time and, ursuant to CEQA, City is under a continuing obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the request were fully addressed in the EIR. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIR, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIR. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. 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. 7 The Plan shall comply with and satisfy the requirements of CEQA and the Guidelines and the Coastal Act. The Plan shall be available to the public upon request. 3.5 Compliance with General Regulations. Hoag is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, Hoag shall pay the fee, cost, or expense required as of the date on which Hoag submits the application for Project Specific Approval. Hoag shall also comply with any Future General Regulations that do not impair Hoag's ability to develop the Property in accordance with the density, intensity, height and location of development specified in the Master Plan. Hoag shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for Project Specific Approvals are submitted. Hoag shall also comply with the Coastal Act and the City's certified Local Coastal Program. 4. RIGHT TO DEVELOPMENT. 4.1 Right to Develop. Subject to compliance with the provisions of Sections 3 and 8.2, Hoag shall have a vested right to develop and receive Project Specific Approvals for construction on the Property to the full extent permitted by the Master Plan. Subject to the provisions of Sections 3 and 8, City shall only take action which complies with and is consistent with the Master Plan and this Agreement unless Hoag otherwise consents in writing. Subject to this Subsection, City shall have the authority to impose only those Exactions which are specifically described in this Agreement, except as expressly required (as opposed to permitted) by state or federal law. 4.2 Reservations or Dedications of Land. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Hoag in conjunction with the application or issuance of any Project Specific Approvals. 4.3 Conflicting Measures. Except as expressly provided in this Agreement, no initiative measure, moratorium, referendum (except as provided in Government Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Master Plan and this Agreement (including density, intensity, timing, phasing, and sequencing) shall be applied to the Property during the term of this Agreement. 8 r) • 4.4 Time for Construction and Completion of Proiect. Subject to the provisions of this Agreement and the Master Plan, Hoag shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive approval of, in a timely manner, permits or approvals at any time. ANNUAL REVIEW. 5.1 City and Hoag Responsibilities. At least every twelve (12) months during the Term, the City shall review Hoag's good faith substantial compliance with this Agreement (the "Annual Review"). After the Annual Review, the City's finding of good faith compliance by Hoag shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Party. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued at the request of either Party to afford sufficient time for analysis and preparation of a response. 5.2 Public Hearing. The Annual Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code. 5.3 Information to be Provided to Hoag. The City shall mail to Hoag a copy of the staff report and related exhibits concerning Agreement performance a minimum of ten (10) days before the Annual Review. 5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. For the five year monitoring period imposed by the Department of Fish and Game Streambed Alteration Agreement entered into between the Department of Fish and Game and Hoag, the annual review shall also assess the success of any off -site wetlands mitigation. Five years after the completion of the Department of Fish and Game monitoring period, Hoag shall submit a final report assessing the success of the off -site wetlands mitigation in its annual review. If the survival and cover requirements set forth in the Streambed Alteration Agreement have not been met, Hoag shall be responsible for replacement planting to achieve these requirements. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the 9 • • • evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or building on, the Property as of the date of the Annual Review. 5.5 Review Letter. If Hoag is found to be in compliance with the Agreement after the Annual Review, the City shall issue, within ten (10) days of Hoag's written request, a letter to Hoag stating that the Agreement remains in effect and Hoag is not in Default. 5.6 Estoppel Certificate. Either Party may at any time deliver written Notice to the other Party requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) No Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate t0 the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the city. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 5.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Hoag's Default. 6. GENERAL PROVISIONS. 6.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 6.2 Applicability to Coastal Zone. This Agreement shall not be applicable to those portions of the Property located within the Coastal Zone as defined by the California Coastal Act (Division 10 • • e 20, California Public Resources Code, beginning with Section 30000) until either (1) the required local coastal program for the Property has been certified by the California Coastal Commission or (2) the California Coastal Commission has approved this Agreement. This Subsection is intended solely to comply with the provisions of California Government Code Section 65869 and shall be of no force or effect if Section 65869 is repealed. 6.3 Term of Agreement. The term of this Agreement (the "Term") shall begin on the Effective Date and continue for twenty-five (25) years unless otherwise terminated or modified pursuant to this Agreement. Any modifications to this Agreement prior to effective certification of the City's Local Coastal Program (LCP), are subject to the review and approval of the Coastal Commission or its successor agency. 6.4 Assignment. Hoag has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agreement. As long as Hoag owns any part of the Property, Hoag may assign the benefits of this Agreement without delegating the obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Hoag of the corresponding obligations. Where an assignment includes the delegation of both the benefits and the corresponding obligations, those obligations become solely the obligations of the assignee. If an assignee is in Default, then as to Hoag or any assignees not in Default, the Default shall not constitute their Default, give grounds for termination of their rights under this Agreement•or be a basis for an enforcement action against them. 6.5 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), and subject to approval of the Coastal Commission or its successor agency prior to effective certification of the City's Local Coastal Program (LCP), this Agreement may be amended from time to time by the mutual consent of the Parties, or their successors in interest, but only in the manner provided by the Government Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. (b) The City Council shall not approve, and Hoag shall not request, any amendment to the provisions of the Master Plan or this Agreement that would increase the maximum 11 • Ilk 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 OP LAW. 7.1 Conflict with State and Federal Laws and Regulations. Where state or federal laws or regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the 12 • • • extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations which required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and Hoag consents in writing to the modification. Any modifications, prior to effective certification of the City's Local Coastal Program (LCP) are subject to approval of the Coastal Commission or its successor agency. Hoag shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 7.2 Effect of Termination. If this Agreement is terminated as a result of changes in state or federal law, Hoag remains obligated to comply with the provisions of Section 8.2(a) and (b), unless Hoag has completed construction of less than twenty-five percent (25%) of the maximum permitted development. 8. PUBLIC BENEFITS/EXACTIONS. 8.1 Public Benefits. City and Hoag agree that this Agreement confers a substantial public benefit by enabling Hoag to construct facilities most appropriate to changes in medical technology and thereby better satisfy the health care needs of residents within its service area. In addition, the Master 13 Plan and this Agreement confer benefits on the public and nearby residents by imposing long term restrictions on the height, amount and location of development as well as the public improvements described in Section 8.2. 8.2 Exactions. Hoag shall, as a condition to the right to develop, do the following: (a) Prior to commencement of development, irrevocably offer to dedicate and grade the proposed linear and consolidated view park identified in Figure 3.2.1 of Volume 1 of the EIR. The City shall accept the offer of dedication within sixty (60) days after the initial grading permit has been finalled by the City. The first stage of development shall include grading of the public linear and consolidated viewpark identified in Figure 3.2.1. of Volume I of the EIR. Hoag shall grade and excavate the slope adjacent to the proposed .28 (28/100) acre consolidated public view park and .52 (52/100) acre public linear view park in a way that ensures stability of the park and adjacent slopes. The grade (between the bicycle path and edge of slope) of the view parks shall be the minimum necessary to insure adequate drainage. The improvement for the linear and consolidated public parks shall be completed within three (3) years after the offer of dedication has been accepted by the City. The City shall ensure that adequate erosion control measures are implemented prior to construction. (b) Subsequent to the approval of this Agreement by the Coastal Commission and the expiration of any statute of limitation for filing a legal challenge to this Agreement, the Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars ($250,000.00) in an account, and at a financial institution, acceptable to City. The account shall be in the name of the City provided, however, Hoag shall have the right to access the funds in the event, but only to the extent that, Hoag constructs or installs the improvements described in (i) or (ii). Funds in the account shall be applied to the following projects (in order of priority upon notice to proceed served by City on Hoag): (i) The construction of a sidewalk and installation of landscaping in the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road; 14 (ii) The construction of facilities necessary to bring reclaimed water to West Newport and/or the Property; Any funds remaining in the account after completion of the projects described in (i) and (ii) shall be used by the City to fund, in whole or in part, a public improvement in the vicinity of the property. (c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trails and the potential for those trials to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. As a part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that may be permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00). (d) Hoag's obligations pursuant to Subsection (c) are contingent on Coastal Commission approval of the Master Plan and attached as Exhibit C to this Agreement with no significant reduction in entitlement from that authorized in the Master Plan. Hoag's obligations pursuant to Subsection (b) shall be reduced through good faith negotiations in the event the Coastal Commission reduces entitlement by ten percent (10%) or more from that authorized in the Master Plan. 9. DEFAULT, REMEDIES AND TERMINATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party 15 • A • a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Party a Notice of intent to terminate the Agreement. Within thirty (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868., as amended, to consider and review the matter. 9.3 Notice of Termination. After considering the evidence presented to the City Council, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the existence of a Default. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11.16, in which case the court must render an independent judgment, on the basis of clear and convincing evidence, as to the existence of good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a 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. SENCUMBRANCES AND RELEASES ON PROPERTY. 10.1 Discretion to Encumber. Hoag may encumber all or any portion of the Property in any manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Hoag and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification. Any such modification, prior to effective certification of the City's Local Coastal Program (LCP), is subject to the review and approval of the Executive Director of the Coastal Commission or its successor agency. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City written Notice of any Hoag Default at the same time Hoag is provided with Notice pursuant to Section 9.1. 11.0 MISCELLANEOUS PROVISIONS. 41111/1 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 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 & Winton 19100 Von Kerman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delav;Extension of Time of Performance. Neither Party shall be deemed to be in Default where delays or non- performance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, acts of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, suspension of rights in accordance with the existence of unforeseen circumstances, litigation, or similar bases for excused performance. If written Notice of such delay is given to the other Party within thirty (30) days after such delay begins an extension of time for performance shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon. In no event shall the term of this Agreement be extended as a result of the application of this Subsection. 11.3 Severabilitv. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement objectively cannot be modified to implement the original intent of the Parties and the Party substantially benefitted by the material provision does not waive its rights under the unenforceable provision, the entire 18 • • • • 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 • • • • legislative and governmental functions of the City, and in particular, the City's police powers or to surrender or abrogate the city's governmental powers over the Property. 11.11 Authority to Execute. The person executing this Agreement on behalf of Hoag warrants and represents that he/she has the authority to do so and the authority to bind Hoag to the performance of Hoag's obligations under this Agreement. 11.12 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.13 Effect on Title. This Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 11.14 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement void or ineffective. 11.15 Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any Default, to enforce any provision of this Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California. 11.16 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 20 • • • Date: 'T -o73 9y Date: March 9 wb\hoagda4.fnL 1/21/94 , 1994 1994 CITY OF NEWPORT BEACH HOAG MEMORIAL OSPIT ?RESBYTERIAN By: Albert J. Aye Chairman of t e Board 21 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 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California, Parcel 2: That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Exhibit C • • • • HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission February 20,1992 Adopted by the City Council City of Newport Beach Ordinance No. 92-3 May 26,1992 • • Els Ilk • TABLE OF CONTENTS Page Number I. Introduction 1 II. General Notes 2 III. Definitions 4 IV. Development Plan 6 V. District Regulations 11 VI. Sign Program 20 VII. Parking Program 22 VIII. Landscape Regulations 24 IX. Site Plan Review 27 May 26,1992 • • • EXHIBITS Page Number 1. Planned Community Development Plan 7 2. Internal Circulation 9 3. Development Criteria 15 TABLES 1. Statistical Analysis 10 2. Parking Requirements 23 May 26,1992 11 �l s • • • I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital -related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the upper and lower campuses of Hoag Hospital. In general, over the long term, the upper campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the lower campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. May 26, 1992 1 411 • • • II. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K 5 and K 6 regarding archaeological and paleontological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. 7. New mechanical appurtenances on building rooftops and utility vaults, excluding communications devices, on the upper campus shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be screened on the lower campus. Noise shall not exceed 55 dBA at all property lines. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. May 26, 1992 2 4l t , • e 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall be installed within 30 days of the completion of grading. May 26, 1992 3 W. DEFINITIONS Building.Elevation: 1. a vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea Ievel). 2. a flat scale drawing of the front, rear, or side of a building. Building Envelope: the volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: the vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room:. a service and facility designated to provide acute emergency medical services for possible life threatening situations. Fast Aid: low acuity medical treatment for non -life threatening situations. General Plan: the General Plan of the City of Newport Beach and all elements thereof. Grade: for the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: hospital patient services which require overnight stay. Landscape Area: the landscape area shall include on -site walks, playas, water, rooftop May 26, 1992 4 • • • landscaping.and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: a reference or datum mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: hospital patient services which do not require overnight stay. Residential Care: medically -oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: for the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. Special Landscaped Street: West Coast Highway is designated as a special landscaped street, containing special landscape requirements. Streets: reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. May 26,1992 5 • • • • IV. DEVELOPMENT PLAN Project Characteristics The upper campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential developments (the Versailles and Villa Balboa/Seafaire condominiums) to the west. The lower campus is located north of West Coast Highway, south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and adjoins the upper campus at its eastern boundary. The upper campus is, and will continue to be, oriented towards inpatient functions, while the lower campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1. From 1990 to 2015, many of the existing buildings shown on the Development PIan for the upper campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. The Development Plan includes a 0.8 acre view park adjacent to the bike trail between the lower campus and the Villa Balboa/Seafaire Condominiums. This view park includes a twenty -foot wide linear park area adjacent to the bike path (approximately 0.5 acres) and a consolidated view park at the westerly edge of the property (approxi- mately 03 acres). A bike trail connection is also provided between the existing bike trails at the northern and southern boundaries of the lower campus. Access to the lower campus will be from West Coast Highway and Superior Avenue, as well as from Hospital Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which Ieads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. May 26,1992 6 7 -') PLANNED COMMUNITY DEVELOPMENT PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN • • • The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes in the health care industry, while at the same time ensuring that trip generation restrictions are adhered to and the overall development cap is not exceeded, this Development Plan allows Hoag Hospital to adjust the development profile provided in the statistical analysis. For example, if changing hospital needs necessitate the development of additional outpatient uses, this development would be allowed, consistent with the Development Plan, as long as a corresponding adjustment in square footage and trip generation for another use were to occur. This Development Plan allows Hoag Hospital to adjust the development profile provided in the statistical analysis (Table 1) as long as the development limit (Le., square feet) or the trip generation limit for the peak period (as identified in the Environmental Impact Report) established within each phase of development is not exceeded. Adjustments to the Development Plan may be allowed if the total square footage or trip generation allowed in the current phase of development is exceeded, if the total development or trip generation allowed under the Development Plan is not exceeded. May 26, I992 8 • LEGEND RaiPRIMARY ACCESS (SIGNALIZED) EMISECONDARY ACCESS SERVICE ACCESS PUBLIC CIRCULATION STAFF / SERVICE CIRCULATION MaY 26. 1992 • WEST COALT /L- VEHICULAR ACCESS HOAG MEMORIAL HOSPITAL PRESBYTERIAN • • EXHIBIT 2 10.6.11 I11M/...1�1�1.�yxi vir • • • • Table 1 STATISTICAL ANALYSIS' Use Square Feet Lower Campus Existing: Outpatient Services (Hoag Cancer Center) 65,000 Child Care 7,800 Subtotal: 72,800 Phase I: Outpatient Services 115,000 Support Service 55,000 Administrative 30,000 Subtotal: 200,000 Phases II & III: Subtotal: Total Lower Campus Upper Campus Existing: 305,089 577,889 480,000 Phase I: Outpatient Services 25,000 Inpatient 115,000 Subtotal: Phases II & III: Total Upper Campus GRAND TOTAL 140,000 145,349 765,349 1,343,2383 1 Full development of the upper and lower campuses is anticipated to occur over an approximate 20-ycar period and will likely occur in thrce, seven-year phases 2 Up to 50% of the existing upper campus may be redeveloped by master plan buildout. 3 Based on development allowed under the General Plan at a floor area ratio to gross site area of .65 for the lower campus and 1.0 for the upper campus. Building Bulk limit for the lower campus is 0.90 for all structures which includes above grade covered parking. May 26,1992 10 • • • • V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories is not an exhaustive list. Other hospital -related uses which fit into the five permitted use categories are allowed by definition. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building and Public Works Departments shall be submitted for the review and approval of the Planning, Building, and Public Works Departments. A. Permitted Uses 1. Lower Campus a) Hospital facilities, including, but not limited to: Outpatient services: • Antepartum Testing • Cancer Center • Skilled Nursing • Rehabilitation • Conditioning • Surgery Center • Clinical Center • Day Hospital • Back and Neck Center • Biofeedback • Breast Imaging Center • CT Scan • Dialysis • EEG/EMG/NICE Laboratory • First Aid Center • Fertility Services • G.I. Laboratory • Laboratory • Magnetic Resonance Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services May 26,1992 11 • • e • Radiation Therapy • Radiology • Respiratory Therapy • Sleep Disorder Center • Speech Therapy • Ultrasound ii. Administration: • Admitting • Auxiliary Office • Business Offices • Information • Registration • Patient Relations • Social Services Support Services: • Employee Child Care • Health Education • Power/Mechanical/Auxiliary Support and Storage • Food Services • Cashier • Chapel/Chaplaincy Service • Conference Center • Dietitian • Gift Shop • Laboratory • Medical Library • Medical Records • Pharmacy • Engineering/Maintenance • Shipping/Receiving • Microwave, Satellite, and Other Communication Facilities iv. Residential Care: • Substance Abuse • Mental Health Services • Extended Care • Hospice Care • Self or Minimal Care • Congregate Care May 26,1992 • 12 • • • Allk • v. Medical/Support Offices b) Methane gas flare burner, collection wells and associated system components. c) Accessory uses normally incidental to hospital development. d) Temporary structures and uses, including modular buildings. 2. Upper Campus a) Hospital facilities, including, but not limited to: i) Inpatient uses: • Critical Care • Emergency Care Unit • Birth Suites • Cardiology • Cardiac Care Unit • Intensive Care Unit • Mother/Baby Unit • Surgery/Waiting Rooms • Radiology • Laboratory • Pharmacy ii) Outpatient services as allowed on the lower campus iii) Administrative uses as allowed on the lower campus iv) Support services as allowed on the lower campus v) Residential care as allowed on the lower campus vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buildings. May 26,1992 13 • • • s ' B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3 which established the following height zones: 1. Upper Campus Tower Zone - maximum building height not to exceed the existing tower (235 feet above mean sea level). 2. Upper Campus Midrise Zone - maximum building height not to exceed 140 feet above mean sea level. 3. Upper Campus Parking zone - maximum building height not to exceed 80 feet above mean sea level, exclusive of elevator tower. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated on the development criteria Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center (57.5 feet above mean sea level). D. Setbacks Setbacks for the Hoag' Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa / Seafaire Condominiums, as defined below: a) Upper campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/Iaboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b) Lower campus northern boundary, all of which will have a 20' minimum building setback. May 26,1992 14 • • • MEND Main MOWS =WES SONS •••&USIWIIIIULOING MOW 23S/SOYEIWAN WALEVEL 1!!!!!! 01ER WAGS USSIDITS N:CfS11 MASS ZONE- MOWS DULLING HOW {g3 ISEIIIIN.COMUCI1011 2A2,0.220a- WWIRSI OWING row IONWIE YDS SEA FIN 55AC:16MM" LEVEL.EXCIUSWE WEISTOR TOSE& WIMP SA . MEM *WHO 0 410 'mom emu. cuourzote- man we maw oFIRE Emma SLOPE SATRE IINISECe IIMLW114 mums Hums ICWATF.O. SIM •WICAS SAND E• 11.WW05ILIWIS SEMIS FEET ABOVE LIFAI SEA LEVEL 1*1 45 1 WM IW MOVE MEM SEA LEVEL BUILDS.] MEOW SW AREAS TYPIstJ.11M31 OF MUMS ISIGNS SOWS PSOPOSIS ORAOS MCA. RANGE OF WAXMAN BUSSINS IIESSIS. WM SPA ISM MY F712 AVERAGS SLOPE [MASON CONSCCOWES 11.11MWS SSW Sf.) IOS OF SIPITAGS ACM WAS 55CWTfl0H5510ZAl1l0I. SALL PIIMEOPOWIDI COSMOS! BETWEDI If WC! UWARSESPWCK LA SCRS SSSISSI DEVELOPMENT CRITERIA HOAPAEMORIALHQSPITAL PRESBYTERIAN_.... St IIINWSI SUROOKI SEIVICK Waist ilusWISSEIWSK MSS AMISSWIVII ST NW IS WS= POWAY BOW ....... UMW A0:132 POWER RAW I SLOWS SIXSOF KILLING. 10' ISWILW sOUSIG SEISAWC .as P OGNALIZEO WOWS MOM SMACK !MMUS FORY ARSCULAIIWI St NW IS • • • EXHIBIT 3 May 26:1992 Varr".77," VOA 2. The setback on West Coast Highway easterly of the hospital entry signal shall be 15 feet. In addition, vertical articulation shall be required for buildings easterly of the signal within 150 feet of the West Coast Highway frontage, as follows: 1st Floor: Up to 18 feet in height no additional articulation is required. If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 20 feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 25 feet. The setback on West Coast Highway westerly of the hospital entry signal shall be 45 feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within 150 feet of the West Coast Highway frontage, as follows: 1st Floor: Up to 18 feet in height no additional articulation is required. If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 55 feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 65 feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than 250 linear feet in width. Additional- ly, 20% of the linear frontage within 150 feet of West Coast Highway shall be open and unoccupied by buildings. May 26, 1992 16 • • • k. • 10% of the linear length of height zones A and B as viewed from the existing bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. 3. There will be no building setbacks along the boundary with CalTrans east property at Superior Avenue and West Coast Highway. 4. A 20 foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Lighting The lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential. uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor rooftop equipment necessary for operating purposes will comply with all building height criteria, and shall be concealed and screened to blend into the building roof using materials compatible with roofing materials. G. aigns All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. May 26,1992 17 , • • • • L Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIEL J. Mechanical and Trash Enclosures Prior to issuance of a budding permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. K Internal Circulation 1. Prior to the issuance of a grading permit for any of the proposed Master Plan facilities, the project sponsor shall implement a pilot program that controls usage of the Upper and Lower Campus service roads during non- working hours. Such controls may include requesting that the majority of vendors deliver products (other than emergency products) during working hours (Le. 7:00 a.m. to 8:00 p.m.), signage to restrict use of the road by Hospital employees, physicians, patients and visitors during non -working hours, and other methods to restrict use. The Hospital will also request that vendors not deliver (i.e. scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The results of this program will be submitted to the City prior to the issuance of the grading permit. If such results indicate that such controls do not significantly impact the operations of the Hospital, and provided that requests for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require that the program be implemented as hospital policy. If operation impacts are significant, other mitigation measures will be investigated at that time to reduce service road impacts to the adjacent residential units. 2. The lower campus service road shall include provisions for controlled access to limit usage to physicians and staff, and service vehicles. May 241992 18 • • • • L Loading Dock Within one year from the date of final approval of the Planned Community District Regulations and Development PIan by the C-nlifornia Coastal Commission, as an interim measure, the project sponsor shall implement an acoustical and/or landscape screen to provide a visual screen from and reduce noise to adjoining residences from the loading dock area. The design process for the Critical Care Surgery Addition shall include an architectural and acoustical study to insure the inclusion of optimal acoustical screening of the loading dock area by that addition. Subsequent to the construction of the Critical Care Surgery Addition, an additional acoustical study shall be conducted to assess the sound attenuation achieved by that addition. If no significant sound attenuation is achieved, the hospital shall submit an architectural and acoustical study assessing the feasibility and sound attenuation implica- tions of enclosing the loading dock area. If enclosure is determined to be physically feasible and effective in reducing noise impacts along the service access road, enclosure shall be required. Any enclosure required pursuant to this requirement may encroach into any required setback upon the review and approval of a Modification as set forth in Chapter 20.81 of the Newport Beach Municipal Code. May 26,1992 19 VI. HOAG HOSPITAL SIGN PROGRAM A. Purpose and Intent 1. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wall and ground -mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordi- nance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -building, may be illuminated or non -illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, nor create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be flush or surface mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110-L C. Number of Signs Allowed 1. One (1) double-faced primary identification ground -mounted sign or two single faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a project boundary perimeter wall, subject May 26,1992 20 • • • to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Secondary identification signs shall be allowed. This sign type shall not exceed a maximum height of 48" average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed thirty-five (35) square feet. This sign may occur as a wall sign to be located upon a project boundary perimeter wall, subject to the same number and area maximums described above. 3. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced or double-faced sign. This sign type shall occur with the sign suspended between two upright supports having the same depth (thickness) as the sign cabinet described above. 4. Hospital identification signs shall be allowed upon hospital tower parapets, one (1) at each elevation. The elevation facing west (Villa Balboa property line) may not be illuminated. 5. On the lower campus, one (1) building -mounted identification sign will be allowed per structure and shall not be placed so as to directly face the Villa Balboa/Seafaire property. Such signs will be no higher than the roof line of the building upon which they are mounted. May 26,1992 21 • • 9 • VII. HOAG HOSPITAL PARKING REGULATIONS A. atntrit 1. Off-street parldng for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the city Traffic Engineer and the Public Works Depart- ment. 3. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimi7Ps impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements has been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Offstreet Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon building type and the area allotted to the following functions. Any area which is calculated as part of the total floor area limitation shall be included in the gross floor area to determine the parking requirement. May 26, 1992 22 • • O 411111. Table 2 PARKING REQUIREMENTS Use Category Parking Requirements Outpatient Services 2.0 spaces/1,000 square feet* Support 1.0 spaces/1,000 square feet* Administrative 4.0 spaces/1,000 square feet* Residential Care 1.0 spaces/1,000 square feet* Medical Offices 4.0 spaces/1,000 square feet* Inpatient 1.25 spaces/1,000 square feet** * Parking requirements are based on a study performed by DKS Associates in May, 1987. ** Parking requirement is based on current Hoag Hospital parking demand. May 26,1992 23 • • A • VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General 1. Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the Planning and Parks, Beaches and Recreation Departments and approved by the Public Work Departments prior to issuance of a building permit and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roofs and the parking structures. Trees shall not be used, but a planter box or trellis system shall be designed to provide visual relief of parking structures. All landscaping shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than fifteen (15) gallon size. 3. Shrubs to be planted in containers shall not be less than one (1) gallon size. Ground covers will be planted from (1) gallon containers or from root cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed that damage to trees, irrigation units and shrubs is avoided. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing is not required and irregular groupings may add interest. Care should be exercised to allow plants to grow and maintain their ultimate size without restriction. 7. Heavy emphasis shall be placed on the use of drought -resistant native and natur li7ed vegetation and the use of an irrigation system designed to avoid surface runoff and over -watering. B. Maintenance 1. All planting areas are to be kept free of weeds and debris. 2. Lawn and ground covers are to be kept trimmed and/or mowed regularly. May 26,1992 24 • • • • • 3. All plantings are to be kept in a healthy and growing condition. Fertiliza- tion, cultivation and tree pruning are to be carried out as part of regular maintenance. 4. Irrigation systems are to be kept in working condition. Adjustment and cleaning of system should be part of regular maintenance. 5. Stakes, guys and ties on trees should be checked regularly for correct function; ties to be adjusted to avoid creating abrasions or girdling to the stems. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A 15' building setback from right-of-way ,/ property line is required along West Coast Highway. Only driveways, parking and signage are allowed in the setback area. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Tree size to be no less than twenty-four (24) inch box. D. Villa Balboa Landscape Zone The area between the Villa Balboa/Hoag property line and the loading dock service access road shall be landscaped except for any driveway, walkway, or other hardscape elements in said area. The purpose of the landscaping will be to screen and buffer residential units from hospital activities. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area. Planting of trees may be in groups and need not necessarily be in regular spacing. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas. Alternative landscape programs shall be subject to the review of the Parks, Beaches and Recreation Department and the approval of the Planning and Public Works Departments. May 245,1992 25 • • • A rooftop landscaping program may be developed for parking structures and shall be subject to the review of the Parks, Beaches and Recreation Departinent and the approval of the Planning and Public Works Departments. Rooftop landscaping shall conform to height restrictions. May 26,1992 26 ti • • • IX. SITE PLAN REVIEW. A. Purpose The City Council finds that development on the West Coast Highway frontage of the lower campus of Hoag Hospital may have the potential to affect the aesthetics of the West Newport area as viewed from surrounding arterial roadways. The effect of this section is to establish a Site Plan Review requirement by the Planning Commission for certain individual projects which are proposed by the hospital to differ from the setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure that these projects conform with the objectives of the General Plan and the Master Plan for Hoag Hospital. B. Findings The City finds, determines and declares that the establishment of Site PIan Review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new structure or the addition to an existing structure which does not conform to the provisions of Section V.D.2. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: 1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking and off-street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. May 26,1992 27 • e • 2. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 3. Grading plans when neePss ry to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. Fee The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. F. Standards In addition to the general purposes set forth in sub -section B, in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: 1. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P-C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; May 26, 1992 28 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consider- ation to functional aspects of site development. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equati7I d assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days following the Commission action thereon unless, within the twenty-one (21) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty-one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. May 26,1992 29 • L Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty-one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. J. Action by the City Council An appeal shall be heard and acted on by the City Council, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Expiration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith. 3. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. f\..\Planning\PCfEXI\HOAGHOSP May 26,1992 30 • CITY OF NEWPORT BEACH . HEIGHT LIMITATION . ZONES -COMMERCIAL !MEM ES / 35 FEET 38 / 50 FEET HIGHRISE 375 FT. NOTE: ALL R-1, R-1.5, R-2 ZONES 24/213 FEET ALL R-3, ZONES 2E/ 32 FEET 'NV 1111 ; 1014 11011111011 OM 1 t•17.12 n ; h II 11 1;:iltiti Revision Date: May 26, 1992 I s 0 A.110V45‘41'7 iitcy c s A POOR QUALITY ORIGINAL (S) 1 4 h • • • 411111. • EXHIBIT D ga t/PPM.OPFDPICATO Date Requested: Date of Certificate: On , the City of Newport Beach approved the 'Development Agreement Between the City of Newport Beech and Hoeg Memorial Hospital Presbyterian" (the "Development AgreemenC')., This Estoppel Certificate certifies that, es of the 'slate of Certificate' set forth above: CHECK WHERE APPLICABLE 1. The Development Agreement remains binding and effective; 2. The Development Agreement has not been amended; 3. The Development Agreement has been emended In the following respects: 4. Neither Hoag nor any of Its euaceseore ere In default raider the Development Agreement; 3. The fallowing defaults exist under the Development Agreement Thin Estoppel Certificate may be relied upon by any transferee or mortgagee of any Interest In the property which is subject of the Development Agreement MOM I Vaal CItY OF NEWPORT BEACH BY: NAME TITLE: EXHIBIT D • 411).1 o RESOLUTION NO. 94-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATION MONITORING PROGRAM FOR THE HOAG HOSPITAL MASTER PLAN WHEREAS, the City of Newport Beach has approved a planned Community Development Plan and Development Agreement for Hoag Memorial Hospital Presbyterian; and WHEREAS, the project has also been approved by the California Coastal Commission; and WHEREAS, the Development Agreement and the Conditions of Approval of the California Coastal Commission requires the formal adoption of the mitigation monitoring program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newport Beach, that the mitigation monitoring program attached as "Exhibit A" is approved. ADOPTED this 13th day of June, 1994. A LEST: { • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING PLAN May 1994 3 c Project: APPLICABILITY OF MITIGATION MEASURES Date: APPLIES AMR N/A APPLIES AMR N/A 1 23 2 24 3 25 4 26 5 27 6 28 7 29 8 30 9 31 10 32 11 33 12 34 13 35 14 36 15 37 16 38 17 39 18 40 19 41 20 ` 42 21 43 22 44 APPLIES AMR N/A APPLIES AMR N/A 45 69 46 70 47 71 48 72 49 • 73 50 74 51 75 52 76 53 77 54 78 55 79 56 80 57 81 58 82 59 83 60 84 61 85 62 86 63 87 64 88 65 89 66 90 67 91 68 92 5 • • • APPLIES AMR N/A APPLIES AMR N/A 93 117 94 118 95 119 96 120 97 • 121 98 122 99 123 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 r • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 1 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to the issuance of a grading permit, the project sponsor shall document to the City of Newport Beach Building Department that grading and development of the site shall be conducted in accordance with the City of Newport Beach Grading Ordinance and with plans prepared by a registered civil engineer. These plans shall incorporate the recommendations of a soil engineer and an engineering geologist, subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department by the project sponsor. Standard For Compliance: Shown on approved grading plans; permanent reproducible copies to be provided at project completion Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 7 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 2 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to the issuance of a grading permit, the project sponsor shall submit documentation to the City of Newport Beach Building Department confirming that all cut slopes shall be monitored for potential instabilities by the project geotechnical engineer during all site grading and construction activities and strictly monitor the slopes in accordance with the documentation. Standard For Compliance: Shown on approved grading plans: documented in contractor/ subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • o • • HOAG HOSPITAL MAS'1pR PLAN MITIGATION MONITORING Project Mitigation Measure: 3 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to the issuance of a grading permit. the project sponsor shall provide to the City of Newport Beach a comprehensive soil and geologic investigation and report of the site prepared by a registered grading engineer and/or engineer geologist. This report shall also identify construction excavation techniques which ensure no damage and minimize disturbance to adjacent residents. This report shall determine if there are any faults on site which could render all or a portion of the property unsafe for construction. All recommendations contained in this investigation and report shall be incorporated into project construction and design plans. This report shall be submitted to the City for review and approval. Standard For Compliance: Approved soil and geologic report Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 9 HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 4 Timing For Completion: Prior to Issuance of Each Building Permit Text of Mitigation Measure: Prior to the completion of the final design phase, the project sponsor shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed to the seismic standards applicable to hospital related structures and as specified in the then current City adopted version of the Uniform Building Code. Standard For Compliance: Shown on approved building plans Compliance: _ City of Newport Beach Verification Approved on: Approved by: Signature: !a Y • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 5 Timing For Completion: Prior to the Issuance of Each Grading and/or Building Permit Text of Mitigation Measure: Prior to the issuance of grading or building permits for each phase of development, the Building Department shall ensure that geotechnical recommendations included in "Report of Geotechnical Evaluation for Preparation of Master Plan and Environmental Impact Report, Hoag Memorial Hospital Presbyterian Campus. 301 Newport Boulevard, Newport, California" as prepared by LeRoy Crandall Associates, June, 1989, and in the report prepared pursuant to Mitigation Measure 3, are followed. Standard For Compliance: Shown on approved grading plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 11 HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 6 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: Prior to the issuance of a grading permit, the project sponsor shall conduct a soil corrosivity evaluation. This evaluation shall be conducted by an expert in the field of corrosivity. The site evaluation shall be designed to address soils to at least the depth to which excavation is planned. At a minimum, at least one sample from each soil type should be evaluated. Appropriate personnel protection shall be worn by field personnel during the field evaluation. In the event soils are found to be corrosive, the source and extent of the corrosive soils shall be determined, and all buildings and infrastructure shall be designed to control_ the potential impact of corrosive soils over time. Standard For Compliance: Approved soil corrosivity report Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /Z s • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 7 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: Based on the corrosion assessment and source determination, a soils and construction material compatibility evaluation shall also be undertaken, concluding with the appropriate mitigation measures and design criteria. Corrosion resistant construction materials are commonly available and shall be used where the evaluation/assessment concludes the corrosive soils conditions could adversely impact normal construction materials or the materials used for the mitigation of subsurface gas conditions. For example, there are many_ elastomers and plastics, like PVC, which are resistant to corrosion by up to. 7.0 percent sulfuric acid at 140 degrees. Fahrenheit. Standard For Compliance: Approved soils and construction material compatibility evaluation Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: i3 • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 8 Timing For Completion: Prior to the Issuance of a Building Permit Text of Mitigation Measure: Should the soil be identified as hazardous due to the severeness of their corrosivity (i.e., a PH less than 2.5), on -site remediation by neutralization shall be undertaken prior to construction. Appropriate regulatory agency approvals and permits shall also be obtained. Standard For Compliance: Obtain approvals/permits, if remediation is required; subsequent remediation Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • /t/ } • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 9 Timing For Completion: Prior to the Issuance of Each Grading Permit (plan completion); Ongoing During Grading (plan implementation) Text of Mitigation Measure: Prior to issuance of grading permits, the project sponsor shall ensure that a construction erosion control plan is submitted to and approved by the City of Newport Beach that is consistent with the City of Newport Beach Grading Ordinance and includes procedures to minimize potential impacts of silt, debris. dust and other water pollutants. These procedures may include: the replanting of exposed slopes within 30 days after grading or as required by the City Engineer; the use of sandbags to slow the velocity of or divert stormflows;_the limiting.of grading. to the non -rainy season. The project sponsor shall strictly adhere to the approved construction erosion control plan and compliance shall be monitored on an on -going basis by the Newport Beach Building Department. Standard For Compliance: Shown (construction erosion control plan) on approved grading plans; documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 15 1 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 10 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to the issuance of grading permits. the project sponsor shall submit a landscape plan which includes a maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and overwatering. This plan shall be reviewed by the Department of Parks, Beaches and Recreation and approved by the City of Newport Beach Planning: Department. The project sponsor shall install landscaping in strict compliance with the approved plan. Standard For Compliance: Approved landscape plan Compliance: t City of Newport Beach Verification Approved on: Approved by: Signature: r6 • • • • HOAG HOSPITAL MAST I( PLAN MITIGATION MONITORING Project: Mitigation Measure: 11 Timing For Completion: Ongoing During Project Operation Text of Mitigation Measure: The Project Sponsor shall continue the current practice of routine vacuuming of all existing parking lots and structures and shall also routinely vacuum all future parking lots and structures at current frequencies. Upon implementation of the County of Orange Storm Water Master Plan, routine vacuuming shall be done in accordance with the requirements specified in the plan. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 17 • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 12 Timing For Completion: Prior to Issuance of Each Grading Permit Text of Mitigation Measure: Upon completion of final building construction plans, and prior to the issuance of a grading permit for each phase of development, the Project Sponsor shall ensure that site hydrological analyses are conducted to verify that existing drainage facilities are adequate. The applicant shall submit a report to the City of Newport Beach Building Department for approval, verifying the adequacy of the proposed facilities and documenting measures for the control of siltation and of erosive runoff velocities. A copy of this report shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. Standard For Compliance: Approved site hydrological analysis; submit report to RWQCB Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • 1$ • • • 40 HOAG HOSPITAL MASThR PLAN MITIGATION MONITORING Project Mitigation Measure: 13 Timing For Completion: Prior to Issuance of Each Building Permit Text of Mitigation Measure: Prior to the completion of final construction plans, the Project Sponsor shall submit a comprehensive geotechnical/hydrologic study to the City of Newport Beach Building Department, which includes data on groundwater. This study shall also determine the necessity for a construction dewatering program and subdrain system. Standard For Compliance: Approved geotechnical/hydrologic study Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: ,9 e • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 14 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to the completion of final building construction plans for each phase of Lower Campus development, the project sponsor shall submit an application to the Regional Water Quality Control Board for an NPDES permit if a construction dewatering or subdrain program is determined necessary by the Building Department based on the design and elevation of the foundation structures. Also, if dewatering is required by RWQCB, the project sponsor shall also conduct groundwater sampling and analysis, and submit it to the California Regional Water Quality Control Board Santa Ana Region. The results of this testing will assist in determining the specifications for the NPDES permit. The project sponsor shall strictly comply with all conditions of any NPDES Permit. Standard For Compliance: Obtain NPDES permit, if required: perform groundwater sampling and analysis, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: ,20 • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 15 Timing For Completion: Ongoing During Project Operation Text of Mitigation Measure: Project Sponsor shall strictly comply with its Hazardous Material and Waste Management Program and its Infectious Control Manual for all new activities associated with the proposed Master Plan, as well as strictly comply with all new regulations enacted between now and completion of the proposed Master Plan development. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: Zi HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 16 Timing For Completion: Prior to the Issuance of a Grading Permit Effecting the Wetlands Text of Mitigation Measure: The federal wetland regulations and requirements shall be reviewed by the City and the project sponsor at the time the proposed work is undertaken, and the project shall comply with all applicable laws concerning removal and mitigation of wetlands at that time. as required by the U.S. Army Corps of Engineers and the California Coastal Commission. If this review results in a finding by the Resources Agencies involved in the permit processes that mitigation is required for impacts to the 1.07 acres of wetlands dominated by pampas grass. such mitigation will be accomplished as part of the mitigation required for impacts to sensitive wetland plant communities (Mitigation Measures 17 and 18). Standard For Compliance: Obtain Section 404 Permit. Section 1603 Streambed Alteration Agreement and Coastal Development Permit Compliance: 4 City of Newport Beach Verification Approved on: Approved by: Signature: • 2 2- • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 17 Timing For Completion: Prior to the Issuance of a Grading Permit Effecting the Wetlands Text of Mitigation Measure: The project sponsor shall prepare a comprehensive restoration and management plan for the wetland mitigation site as required by law. This plan will be submitted to the following agencies for their review and approval/concurrence prior to issuance of grading and/or building permits for Master Plan development: U.S. Army Corps of Engineers; U.S. Fish and Wildlife Service: California Department of Fish and Game; and City of Newport Beach. Standard For Compliance: Approved wetlands mitigation plan Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: �3 • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 18 Timing For Completion: Prior to the Issuance of a Grading and/or Building Permit Effecting the Wetlands Text of Mitigation Measure: The resulting final mitigation plan shall be approved as part of the Coastal Development Permit for the project. The plan shall also be approved as part of the Corps Section 404 Permit and Streambed Alteration Agreement, if applicable. A wetland mitigation plan approved by the appropriate agencies shall be submitted to the City of Newport Beach prior to issuance of grading and/or building permits for Master Plan development in anv areas affecting wetlands. Standard For Compliance: Obtain Section 404 Permit, Section 1603 Streambed Alteration Agreement and Coastal Development Permit Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 19 Timing For Completion: Prior to the Issuance of a Grading Permit Effecting the Wetlands Text of Mitigation Measure: The plan will be consistent with the following provisions: The amount of new wetlands created under the mitigation plan shall be at least of equal size to the area of sensitive wetland communities impacted by the project: the wildlife habitat values in the newly created wetlands shall not be less than those lost as the result of removal of sensitive wetland communities impacted by the project the wetlands created shall not decrease the habitat values of any area important to maintenance of sensitive plant or wildlife populations: the wetland mitigation planning effort will take into consideration creation of 0.2 acre of salt grass habitat suitable for use by wandering skipper, such consideration would be dependent on the nature of the mitigation plan undertaken and whether wandering skipper could potentially occur in the mitigation area: the plan will constitute an agreement between the applicant and the resource agencies involved. The plan shall be written so as to guarantee wetland restoration in accordance with stated management objectives within a specified time frame. The plan shall describe the applicant's responsibilities for making any unforeseen repairs or modifications to the restoration plan in order to meet the stated objectives of the plan. Standard For Compliance: Approved wetlands mitigation plan Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 20 Timing For Completion: Prior to the Issuance of Grading Permit Effecting the Wetlands Text of Mitigation Measure: The following detailed information will be provided by the project sponsor in the final mitigation plan: diagrams drawn to scale showing any alterations to natural landforms; a list of plant species to be used: the method of plant introduction (i.e., seeding, natural succession. vegetative transplanting, etc.); and details of the short-term and long-term monitoring plans, including financing of the monitoring plans. Standard For Compliance: Approved wetlands mitigation plan Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • s • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 21 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to the issuance of a grading permit. an Orange County certified archaeologist shall be retained to, and shall, monitor the grading across the project area. The archaeologist shall be present at the pre -grading conference. at which time monitoring procedures acceptable to and approved by the City shall be established, including procedures for halting or redirecting work to permit the assessment. and possible salvage, of unearthed cultural material. Standard For Compliance: Submittal of letter of authorization for certified archaeologist Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 22 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to the issuance of grading permits, an Orange County certified paleontologist shall be retained to, and shall. monitor the grading activities. The paleontologist shall be present at the pregrading conference. at which time procedures acceptable to and approved by the City for monitoring shall be established. including the temporary halting or redirecting of work to permit the evaluation, and possible salvage. of any exposed fossils. All fossils and their contextual stratigraphic data shall go to an Orange County institution with an educational and/or research interest in the materials. Standard For Compliance: Submittal of letter of authorization for certified paleontologist_ Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 23 Timing For Completion: Not S ep cified Text of Mitigation Measure: The Project Sponsor shall construct. if feasible and by mutual agreement, and maintain a fence along the common property line west of the Upper Campus. The proposed design of the fence shall be reviewed and approved by the City Engineering Department. Standard For Compliance: Agreement for common property line fence construction and maintenance Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 24 Timing For Completion: Prior to the Issuance of Each Grading and Building Permit Text of Mitigation Measure: The proposed project is subject to all applicable requirements of the City of Newport Beach General Plan, Zoning Code and Local Coastal Program (LCP). Those requirements that are superseded by the PCDP and District Regulations are not considered applicable. The following discretionary approvals are required by the City of Newport Beach: EIR certification, adoption of the Master Plan. adoption of the Planned Community Development Plan and District Regulations. approval of a Development Agreement, approval of a zone change to Planned Community District, grading permits, and building permits for some facilities. The California Coastal Commission has the discretionary responsibility to issue a Coastal Development Permit for the Lower Campus and a Local Coastal Program Amendment for the Lower Campus. Standard For Compliance: Incorporated into approved grading plans/building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 30 • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 25 Timing For Completion: Prior to Issuance of Phase II Building Permits Text of Mitigation Measure: Subsequent to completion of Phase I of the project, the Project Sponsor shall conduct a Traffic Phasing Ordinance (TPO) analysis for Phase II and III Master Plan development. The analysis shall identify potential intersection impacts. the proposed project traffic volume contributions at these impacted intersections. and the schedule for any intersection improvements identified as necessary by the study to insure a satisfactory level of service as defined by the TPO. This report shall be approved by the City prior to commencement of Phase II or III construction. Standard For Compliance: Approved TPO analysis Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 31 i • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 26 Timing For Completion: Prior to Issuance of Each Building Permit for Phase I Text of Mitigation Measure: Prior to issuance of building permits for Phase 1 of the project, the Project Sponsor shall conduct a project trip generation study which shall be reviewed and approved by the City Traffic Engineer. This study shall determine if the traffic to be generated by existing plus Phase 1 development will not exceed 1,338 PM peak hour traffic trips. In the event the Traffic Engineer determines that existing plus Phase 1 development will generate more than 1,338 PM peak hour trips, the project shall be reduced in size or the mix of land uses will be altered to reduce the PM peak hour trips to at or below 1,338. Standard For Compliance: Approved trip generation study (note: Development Agreement specifies that this study required only "if Hoag proposes a land use other than specified in the approved Traffic Study") Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 32. • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 27 Timing For Completion: Prior to the Issuance of Phase II Grading or Building Permits Text of Mitigation Measure: Subsequent to completion of Phase I Master Plan development. the Project Sponsor shall conduct a project trip generation study to be reviewed and approved by the City Traffic Engineer. This study shall analyze whether the traffic to be generated by the subsequent phases of development (Phases II and III) will exceed 1,856 PM peak hour trips when added to the trips generated by existing (including Phase I) Hoag Hospital development. This study shall be conducted prior to the issuance of any grading or building permits for Phase II or III development. Standard For Compliance: Approved trip generation study Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 33 is • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 28 Timing For Completion: Ongoing During Project Operation' Text of Mitigation Measure: The Project Sponsor shall continue to comply with all applicable regulations adopted by the Southern California Air Quality Management District that pertain to trip reductions such as Regulation 15. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: 1 City of Newport Beach Verification Approved on: Approved by: Signature: 3" • a • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 29 Timing For Completion: Prior to the Issuance of Each Building_Permit Text of Mitigation Measure: The project shall comply with the City of Newport Beach Transportation Demand Management Ordinance approved by the City Council pursuant to the County's Congestion Management Plan. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 30 Timing For Completion: Not Specified Text of Mitigation Measure: In order to ensure accessibility to the available transit services for employees, visitors and patrons of the Hospital. the following transit amenities shall be incorporated into the Master Plan project: Bus turnouts shall be installed if, and as required. by the City Traffic Engineer at all current bus stop locations adjacent to the project site. Bus turnouts shall be installed in accordance with standard design guidelines as indicated in OC!D's Design Guidelines for Bus Facilities. Standard For Compliance: Provision of bus turnouts, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 3b • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 31 Timing For Completion: Prior to Issuance of a Grading Permit (Program Completion); Ongoing During Project Operation (Program Implementation) Text of Mitigation Measure: Prior to issuance of a grading permit for any of the proposed Master Plan facilities, the project sponsor shall implement a pilot program approved by the City Traffic Engineer that monitors and manages usage of the Upper and Lower Campus service roads during non -working hours. Such controls may include requesting that the majority of vendors deliver products (other than emergency products) during working hours i.e.. 7:00 a.m. to 8:00 p.m.). signage to restrict use of the road by hospital employees, physicians, patients and visitors- during non -working hours and other methods by which to restrict use. The hospital shall also request that vendors not deliver (i.e., scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The results of this program shall be submitted to the City for review prior to issuance of the grading permit. If the results indicate that such controls do not significantly impact the operations of the hospital, and provided that requests for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require that the program be implemented as hospital policy. If operation impacts are significant, other mitigation measures would be investigated at that time to reduce service road impacts to the adjacent residential units. Standard For Compliance: Documented as part of Development Agreement annual review (Note: pilot program implemented in 1992) Compliance: City of Newport Beach Verification Approved on: Approved by: 31 HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 32 Timing For Completion: Prior to Issuance of Phase II and Phase III Grading and/or Building Permits Text of Mitigation Measure: Prior to issuance of approvals for development phases subsequent to Phase I, the applicant shall submit to the City Traffic Engineer for his/her review and approval a study that identifies the appropriate parking generation rates. The findings of this study shall be based on empirical or survey data for the proposed parking rates. Standard For Compliance: Approved parking generation rates study Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 0 • 3S • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 33 Timing For Completion: Prior to the Issuance of Each Grading Permit (plan preparation); Prior to the Issuance of Each Building Permit (site plan incorporation of measures) Text of Mitigation Measure: Prior to the issuance of precise grading permits for the phase of Master Plan development that includes new, or modifications to existing, internal roadways (other than service roads). the project sponsor will prepare an internal circulation plan for submittal to and approval by the Director of Public Works that identifies all feasible measures to eliminate internal traffic congestion and facilitates ingress and egress to the site. All feasible measures identified in this study shall be incorporated into the site plan. Standard For Compliance: Approved internal circulation plan (grading permit): Shown on approved building plans (site plan measures) Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 311 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 34 Timing For Completion: Not Specified Text of Mitigation Measure: Depending on actual site buildout, intersection improvements may be required at the Hospital Road (Upper Campus access) Placentia Avenue Intersection and at the WCH (Lower Campus access) intersection. The need for these improvements shall be assessed during subsequent traffic studies to be conducted in association with Mitigation Measure 25. Standard For Compliance: Determined as part of approved TPO analysis (see Mitigation Measure #25) Compliance: 1 City of Newport Beach Verification Approved on: Approved by: Signature: L{D • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 35 Timing For Completion: Ongoing During Project Operation Text of Mitigation Measure: As each phase of the Master Plan is constructed, the Project Sponsor shall provide each new employee a packet outlining the available ridesharing services and programs and the number of the Transportation Coordinator. All new employees shall be included in the yearly update of the trip reduction plan for Hoag Hospital. as required by Regulation XV. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: Li1 • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 36 Timing For Completion: Prior to the Issuance of Each Grading or Building Permit Text of Mitigation Measure: Prior to issuance of grading and building permits for each phase of development, the project sponsor shall provide evidence for verification by the Planning Department that the necessary permits have been obtained from the SCAOMD for regulated commercial equipment incorporated within each phase. An air quality analysis shall be conducted prior to each phase of development for the proposed mechanical equipment contained within that phase that identifies additional criteria pollutant emissions generated by the mechanical equipment to be installed in that phase. If the new emissions~ when added to existing project emissions could resulting impacts not previously considered or significantly change the land use impact. appropriate CEOA documentation shall be prepared prior to issuance of any permits for that phase of development. Each subsequent air quality analysis shall be reviewed and approved by the SCAQMD. Standard For Compliance: Obtain AQMD permits applications and submit air quality analysis. if required (Note: permit applications only will be submitted prior to issuance of each grading or building permit, as SCAOMD does not issue actual permits until after equipment is installed) Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 112- 1 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 37 Timing For Completion: Prior to the Issuance of Each Grading and Building Permit Text of Mitigation Measure: Prior to the issuance of grading and building permits for each phase of development, the project proponent shall provide evidence for verification by the Planning Department that energy efficient lighting has been incorporated into the project design. Standard For Compliance: Shown on approved buildine plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: L3 HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 38 Timing For Completion: Prior to the Issuance of Each Grading and Building Permit Text of Mitigation Measure: Prior to issuance of grading and building permits for each phase of Master Plan development, the project sponsor shall provide evidence that site plans incorporate the site development requirements of Ordinance No. 91-16, as appropriate, to the Traffic Engineering Division and Planning Department for review and Planning Commission approval. Requirements outlined in the Ordinance include: (1) A minimum of five percent of the provided parking at new facilities shall be reserved for carpools. These parking places shall be located near the employee entrance or at other preferential locations; (2) A minimum of two bicycle lockers per 100 employees shall be provided. Additional lockers shall be provided at such time as demand warrants; (3) A minimum of one shower and two lockers shall be provided; (4) Information of transportation alternatives shall be provided to all employees; (5) A rideshare vehicle loading area shall be designated in the parking area; (6) The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles; and (7) Bus stop improvements shall be required for developments located along arterials where public transit exists or is anticipated to exist within five years. The exact number of each of the above facilities within each phase of the Master Plan shall be determined by the City during review of grading and building permit applications for each phase. The types and numbers of facilities required for each phase will reflect the content of the Ordinance at the time that a permit application is deemed complete by the Planning Department. Standard For Compliance: Incorporate TDM site development requirements in approved grading/building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 39 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: If noise levels in on -site outdoor noise sensitive use areas exceed 65 CNEL, the project sponsor shall develop measures that will attenuate the noise to acceptable levels for proposed hospital facilities. Mitigation through the design and construction of a noise barrier (wall, berm or combination wall/berm) is the most common way of alleviating traffic noise impacts. Standard For Compliance: Approved acoustical study: noise attenuation measures shown on approved building plans, as required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: u5 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 40 Timing For Completion: Prior to the Issuance of Certificate of Occupancy Text of Mitigation Measure: Prior to occupancy of Master Plan facilities, interior noise levels shall be monitored to ensure that on -site interior noise levels are below 45 CNEL. If levels exceed 45 CNEL, mitigation such as window modifications shall be implemented to reduce noise to acceptable levels. Standard For Compliance: Approved acoustical study: incorporate noise attenuation measures, as required Compliance: t City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 41 Timing For Completion: Prior to the Issuance of a Grading. and Building Permit Text of Mitigation Measure: Prior to issuance of a grading and/or building permit the project sponsor shall demonstrate to the City that existing noise levels associated with the on -site exhaust fan are mitigated to acceptable levels. Similarly. the project sponsor shall demonstrate to the satisfaction of the Building Department that all noise levels generated by new mechanical equipment associated with the Master Plan are mitigated in accordance with applicable standards. Standard For Compliance: Completed acoustical study for on -site exhaust fan: incorporate recommended mitigation measures (Note: exhaust fan relocated and noise baffles installed in October 1991) Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 42 Timing For Completion: Ongoing During Project Operation Text of Mitigation Measure: The City of Newport Beach shall send a letter to each emergency vehicle company that delivers patients to Hoag Hospital requesting that, upon entrance to either the Upper or Lower Campus, emergency vehicles turn off their sirens to help minimize noise impacts to adjacent residents. Hoag Hospital will provide the City with a list of all emergency vehicle companies that deliver patients to Hoag Hospital. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 43 Timing For Completion: Prior to the Issuance of Each Grading and Building Permit Text of Mitigation Measure: Prior to issuance of grading and building permits. the project sponsor shall ensure that a landscape and irrigation plan is prepared for each building/improvement within the overall Master Plan. This plan shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. The plan shall be subject to review by the Parks. Beaches and Recreation Department and approval by the Planning Department and Public Works Department. Standard For Compliance: Approved landscape and irrigation plan Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: Li9 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 44 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of a building permit, the project sponsor shall submit plans to, and obtain the approval of plans from, the City Planning Department which detail the lighting system for all buildings and window systems for buildings on the western side of the Upper Campus. The systems shall be designed and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that, in his or her opinion this requirement has been met. Standard For Compliance: Shown on approved building plans: documented in electrical engineer's letter Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 45 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 61 • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 46 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of building permits. the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof top of any structure on the Lower Campus. Rather. such buildings will have clean rooftops. Minor rooftop equipment necessary for operating purposes will comply with all building height criteria. and shall be concealed and screened to blend into the building roof using materials compatible with building materials. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 52- • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 47 Timing For Completion: Prior to the Issuance of a Grading or Building_Permit Text of Mitigation Measure: Prior to issuance of building or grading permits. the project sponsor shall make an irrevocable offer to dedicate and grade the proposed linear and consolidated view park as identified in the project description (Figure 3.2.1) The project sponsor will dedicate land for a 0.28 acre consolidated view park and a 0.52 acre linear view park. Standard For Compliance: Submit Offer of Dedication Compliance: Citv of Newport Beach Verification Approved on: Approved by: Signature: 53 A HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 48 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of a building permit for any lower campus structure, the project sponsor shall prepare a study of each proposed building project to assure conformance with the EIR view impact analysis and the PCDP and District Regulations, to ensure that the visual impacts identified in the EIR are consistent with actual Master Plan development. This analysis shall be submitted to and approved by the City Planning Department. Standard For Compliance: Approved view impact analysis in conformance with PCDP and District Regulations Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 5�i • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 49 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: In the event that hazardous waste is discovered during site preparation or construction, the project sponsor shall ensure that the identified hazardous waste and/or hazardous materials are handles and disposed in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5), standards established by the California Department of Health Services, Office of Statewide Health Planning, and Development, and according to the requirements of the California Administrative Code, Title 30, Chapter 22. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions and subsequent handling and disposal of any identified hazardous wastes/materials in accordance with regulations. if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 55 • 0 HOAG HOSPITAL MASi]> it PLAN MITIGATION MONITORING Project: Mitigation Measure: 50 Timing For Completion: Prior to the Issuance of a Building Permit for Structures Located Near Wilshire Oil Well Text of Mitigation Measure: Prior to construction of structures over or near the Wilshire oil well. Project Sponsor shall ensure that the Wilshire oil well, or any abandoned. unrecorded well or pressure relief well, is re -abandoned to the current standards. Abandonment plans will be submitted to the State Division of Oil and Gas (DOG) for approval prior to the abandonment procedures. The City's building official shall be notified that the reabandonment was carried out according to DOG procedures. Standard For Compliance: Obtain DOG approval for well abandonment Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASILIt PLAN MITIGATION MONITORING Project: Mitigation Measure: 51 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: To further determine the source of the gas on the Lower Campus site, prior to issuance of a grading permit on the Lower Campus, Project Sponsor shall collect gas samples from the nearest fire flooding wells and at Newport Beach Townhomes and compare the gas samples to samples taken from the Hoag gas collection wells prior to site grading and construction. Standard For Compliance: Approved report documenting gas samples results Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 57 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 52 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: A soil gas sampling and monitoring program shall include methane and hydrogen sulfide gas. Samples shall be taken just below the surface, at depth intervals within the removal zone. and at a depth below the depth of actual disturbance. (The individual(s) performing this initial study may be at risk of exposure to significant - and possibly lethal - does of hydrogen sulfide, and shall be appropriately protected as required.) Standard For Compliance: Approved soil gas sampling and monitoring report/program Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 53 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: A site safety plan shall be developed that addresses the risks associated with exposures to methane and hydrogen sulfide. Each individual taking part in the sampling and monitoring program shall receive training on the potential hazards and on proper personal protective equipment. This training shall be at least at the level required by CFR 2910.120. Standard For Compliance: Approved site safetv_plan Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 5t • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 54 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: If the analysis of the initial soil gas samples show unacceptable levels of hazardous constituents that have the potential to pose a health risk during construction activities, additional gas collection wells shall be drilled to contain and collect the gas. Standard For Compliance: Approved gas collection well report. if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 55 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: Continuous monitoring for methane and hydrogen sulfide shall be conducted during the disturbance of the soils and during any construction activities that may result in an increase in the seepage of the gases. The project sponsor shall maintain a continuous monitor in the immediate vicinity of the excavation. and a personal monitor, with an alarm. shall be worn by each worker with a potential for exposure. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 56 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: A study of other hazardous constituents that may be present in quantities that pose a health risk to exposed individuals shall be prepared and evaluated prior to the initiation of the project. The constituents studied shall include compounds that are directly related to petroleum. such as benzene and toluene. Standard For Compliance: Approved hazardous constituents study Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 57 Timing For Completion: Prior to the issuance of a Grading Permit Text of Mitigation Measure: A study shall be conducted that characterizes the wells. the influent gas, and the effluent of the flare. This study shall characterize the gas over a period of time, to allow for potential fluctuations in concentration and rate. Standard For Compliance: Approved gas characterization study Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 58 Timing For Completion: Not Specified Text of Mitigation Measure: A scrubber system shall be required to reduce the concentration of hydrogen sulfide in the influent gas. Standard For Compliance: Approved scrubber installation plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 59 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: In the event additional gases are to be collected from newly constructed collection wells as part of a measure to reduce exposures during construction, an evaluation of the capacity and efficiency of the present flare system shall be conducted prior to connecting any new sources. Standard For Compliance: Approved flare capacity/efficiency study. if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 60 Timing For Completion: Not Specified Text of Mitigation Measure: An automatic re -light system shall be installed on the flare system to reduce the risk of a potential release of high concentration of hydrogen sulfide. The system shall be designed with an alarm system that notifies a remote location which is manned 24 hours per day. Standard For Compliance: Shown on approved flare relocation plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 61 Timing For Completion: Prior to Approval of Flare Relocation Plans Text of Mitigation Measure: A continuous hydrogen sulfide monitor that would give warning of a leak of concentrations in excess of acceptable levels shall be installed in the vicinity of the flare. Standard For Compliance: Shown on approved flare relocation plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 62 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: A study of the concentration of potential hazardous constituents shall be conducted prior to initiation of the project to characterize the wastewater and any risks it may pose to human health prior to development. A stormwater pollution prevention plan shall be developed to reduce the risk of the transport of hazardous constituents from the site. The Hospital shall apply for coverage under the State Water Resources Control Board's General Permit for Storm Water Discharges Associated with Construction Activity and shall comply with all the provisions of the permit, including, but not limited to, the development of the SWPPP, the development and implementation of Best Management Practices, implementation of erosion control measures, the monitoring program requirements, and post construction monitoring of the system. Standard For Compliance: Submit NOI to State Water Resources Control Board: prepare/ implementSWPPP Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 63 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: Soil samples shall be collected from appropriate locations at the site and analyzed for BTEX and priority pollutants: if the soils are found to contain unacceptable levels of hazardous constituents, appropriate mitigation will be required. including a complete characterization of both the vertical and horizontal extent of the contamination, and a remedial action plan shall be completed and approved by the California Regional Water Ouality Control Board. The project sponsor must demonstrate to the City of Newport Beach compliance with this measure prior to issuance of any permits for Phase I construction activities. Standard For Compliance: Approved soil sample report submit remedial action plan, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 64 Timing For Completion: Prior to the Issuance of Each Grading or Building Permit Text of Mitigation Measure: Prior to the issuance of grading or building permits. the project sponsor shall evaluate all existing vent systems located on the lower campus and submit' this data to the City Building and Fire Departments. the State Department of Conservation, Division of Oil and Gas, and the Southern California Air Quality Management District for comment. Additionally. any proposed new passive vents shall be evaluated by these agencies prior to the issuance of grading or building permits. If the vents are emitting detectable levels of hydrogen sulfide and/or toxins, the emitted gases must be treated prior to discharge in a manner acceptable to these agencies. Standard For Compliance: Approved evaluation of all existing vent systems Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 7D • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 65 Timing For Completion: Not Specified Text of Mitigation Measure: If required by the Southern California Air Quality Management District, an air dispersion model shall be required in order to predict the cumulative effects of the emissions. Compliance with any additional requirements of the AOMD shall be verified through a compliance review by the district with written verification received by the Newport Beach Building Department Standard For Compliance: Approved air dispersion model, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 71 • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 66 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Before the issuance of building permits, the project sponsor shall submit plans to the BuildingDepartment, City of Newport Beach, demonstrating that continuous hydrogen sulfide monitoring equipment with alarms to a manned remote location have been provided in building designs. This monitoring equipment must be the best available monitoring system, and the plans must include a preventative maintenance program for the equipment and a calibration plan and schedule. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 7z • • HOAG HOSPITAL MASIiER PLAN MITIGATION MONITORING Project: Mitigation Measure: 67 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: Prior to issuance of a grading permit: the Project Sponsor shall ensure that the inferred fault traversing the site is trenched and monitored for gas prior to site grading and construction. If gas monitoring indicates a potential risk during grading, additional gas collection wells will be drilled to collect and contain the gas. Standard For Compliance: Approved inferred fault study: drill additional gas collection wells, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: -73 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 68 Tinting For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of building permits. Project Sponsor shall submit plans to the City of Newport Beach ensuring that all structures built on the Lower Campus are designed for protection from gas accumulation and seepage. based on the recommendations of a geotechnical engineer. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 11 • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 69 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Project Sponsor shall submit plans to the City of Newport Beach indicating where gas test boring will be drilled under each proposed main building site once specific building plans are complete. Such testing shall be carried out. and test results submitted to the City's building official, prior to issuance of grading permits. If a major amount of gas is detected a directionally drilled well will be permanently completed and put into the existing gas collection system. Standard For Compliance: Approved gas test study: implement recommendations, as required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 76 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 70 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Project Sponsor shall submit plans to the Grading Engineer, City of Newport Beach, indicating that all buildings and parking lots on the Lower Campus will be constructed with passive gas collection systems under the foundations. Such a system typically consists of perforated PVC pipes laid in parallel lengths below the foundation. Riser type vents will be attached to light standards and buildings high points. Additionally, parking lots on the Lower Campus will contain unpaved planter areas and vertical standpipes located at the end of each length of PVC pipe. The standpipes will serve to vent any collected gas to the atmosphere. A qualified geotechnical firm shall be retained to design such systems. Standard For Compliance: Shown on approved grading_and building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 76 • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 71 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of building permits. Project Sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating that all buildings on the Lower Campus are sealed from gas migration. Such sealing may be installed by the use of chlorinated polyethylene sheeting or similar approved system. All materials of construction including the PVC piping and the ground lining must be evaluated for compatibility with the existing environmental conditions of the soils and/or potential gases. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 7� • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 72 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of building permits, Project Sponsor shall submit plans to the City of Newport Beach Building and Fire Departments demonstrating that all buildings on the Lower Campus will be equipped with methane gas sensors. Such sensors will be installed in areas of likely accumulation, such as utility or other seldom used rooms. Sensors can monitor on a continuous basis. and can be tied into fire alarm systems for 24 hour surveillance. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 70 • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 73 Timing For Completion: Prior to the Issuance of Each Building Permit_ Text of Mitigation Measure: To avoid possible accumulation of gas in utility or other seldom used service or storage rooms. Project Sponsor shall submit plans to the City of Newport Beach Building Department prior to issuance of building permits indicating that such rooms are serviced by the buildings' central air conditioning system (or an otherwise positive ventilation system that circulates and replaces the air in such rooms on a continuous basis). Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 74 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: During_ construction. Project Sponsor shall ensure that an explosimeter is used to monitor methane levels and percentage range. Additionally, construction contractors shall be required to have a health and safety plan that includes procedures for worker/site safety for methane. If dangerous levels of methane are discovered, construction in the vicinity shall stop, the City of Newport Beach Fire Department shall be notified and appropriate procedures followed in order to contain the methane to acceptable and safe levels. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions (Note: contractor/subcontractor will utilize site safety plan required in mitigation measure #58) Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: eo • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 75 Timing For Completion: Not Specified Text of Mitigation Measure: The Project Sponsor may remove the flare system, contain the gas and utilize the gas for Lower Campus facilities. During the containment process and removal of the flare, the Project Sponsor shall ensure that methane levels are monitored throughout the project area to ensure that this transition does not create an upset in methane levels or create odors or risk of explosion. Standard For Compliance: Approved flare removal plan/process Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: SI • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 76 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: Prior to development on the Lower Campus, the project sponsor shall submit to the City of Newport within one year of May. 1992. plans to install a scrubber system to remove hydrogen sulfide from the influent gas to the flare. The design and construction of the system should be in accordance with the Best Available Control Technologies, and must be in compliance with SCAOMD (District) Regulation XIII, emission offsets and New Source Review. Standard For Compliance: Approved flare scrubber system plans: obtain AOMD permit, as required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 92 • • 4I0 • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 77 Timing For Completion: Prior to Relocation of the Flare Text of Mitigation Measure: As required by the District. the project sponsor shall develop a sampling and analysis protocol for District approval to evaluate the impact the existing and post -scrubber emissions will have on the ambient air quality and on possible receptor populations. The required evaluation shall include analysis for criteria and toxic pollutants, and an evaluation of the potential risks associatedwith the emission of these pollutants (Rule 1401). Included in the plans for the design of the scrubber system should be a make- up gas source. Standard For Compliance: Submit sampling and analysis protocol, if required by SCAOMD Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 83 • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 78 Timing For Completion: Prior to Approval of Flare Relocation Plans Text of Mitigation Measure: The plans for the design of the new system will include a calibration and maintenance plan for all equipment. and if required by the District as a permit condition. automatic shutdown devices. sensors and charts for continuous recording of monitoring, and flame arresters. The project sponsor shall evaluate enclosing or placing new equipment underground. Standard For Compliance: Shown on approved flare relocation plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: Sy • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 79 Timing For Completion: Prior to August, 1996 Text of Mitigation Measure: The project sponsor shall submit plans to the City of Newport Beach Building Department that demonstrate that the flare operation will be shut down within four years of August, 1992. The project sponsor must prepare and obtain approval from the SCAQMD to implement a sampling and analysis protocol for evaluation of the existing emissions from the flare after scrubbing (Mitigation Measures 75 & 76). and the effect of flare shutdown on ambient air quality. The methane gas source should be used, if engineering design allows, as a supplemental source of fuel for the Hospital's boilers. If the gas is not usable. the flare shall be relocated. Standard For Compliance: Approved flare shut down plans: submit sampling and analysis protocol to SCAOMD, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 80 Timing For Completion: Prior to Relocation of Flare Text of Mitigation Measure: The plans for the design of the new system will include a calibration and maintenance plan for all equipment, and if required by the District as a permit condition, automatic shutdown devices, sensors and charts for continuous recording of monitoring, and flame arrestors. The project sponsor shall evaluate enclosing or placing new equipment underground. Standard For Compliance: Shown on flare relocationylans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: s • • l' HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 81 Timing For Completion: Prior to Installation of Scrubbers on Flare Text of Mitigation Measure: Prior to installation of the scrubber system, the project sponsor shall develop a protocol for a study to evaluate the integrity of the control equipment and piping. The project sponsor must obtain azreement from the District on the protocol prior to initiating the study. Standard For Compliance: Submit control equipment and piping study to SCAQMD. if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 07 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 79 Timing For Completion: Prior to August, 1996 Text of Mitigation Measure: The project sponsor shall submit plans to the City of Newport Beach Building Department that demonstrate that the flare operation will be shut down within four years of August, 1992. The project sponsor must prepare and obtain approval from the SCAOMD to implement a sampling and analysis protocol for evaluation of the existing emissions from the flare after scrubbing (Mitigation Measures 75 & 76), and the effect of flare shutdown on ambient air quality. The methane gas source should be used, if engineering design allows as a supplemental source of fuel for the Hospital's boilers. If the gas is not usable. the flare shall be relocated. Standard For Compliance: Approved flare shut down plans: submit sampling and analysis protocol to SCAOMD, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 80 Timing For Completion: Prior to Relocation of Flare Text of Mitigation Measure: The plans for the design of the new system will include a calibration and maintenance plan for all equipment, and if required by the District as a permit condition, automatic shutdown devices, sensors and charts for continuous recording of monitoring, and flame arrestors. The project sponsor shall evaluate enclosing or placing new equipment underground. Standard For Compliance: Shown on flare relocation plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MAS1'BR PLAN MITIGATION MONITORING Project: Mitigation Measure: 81 Timing For Completion: Prior to Installation of Scrubbers on Flare Text of Mitigation Measure: Prior to installation of the scrubber system. the project sponsor shall develop a protocol for a study to evaluate the integrity of the control equipment and piping. The project sponsor must obtain agreement from the District on the protocol prior to initiating the study. Standard For Compliance: Submit control equipment and piping study to SCAOMD. if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 90 • I • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 82 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Before the issuance of building permits, the Project Sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating compliance with all applicable District Rules, including Rule 402, Public Nuisance. and Rule 403, Fugitive Dust. Standard For Compliance: Shown on approved building plans: documented in contractor/ subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: qi • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 83 Timing For Completion: Prior to the Issuance of Each Building_Permit Text of Mitigation Measure: Before the issuance of building permits, the project sponsor must submit plans to the City of Newport Beach demonstrating that its Hazardous Materials and Waste Management Plan and its Infectious Control Manual have been modified to include procedures to minimize the potential impacts of emissions from the handling, storage, hauling and destruction of these materials, and that the project sponsor has submitted the modified plans to the City of Newport Beach, Fire Prevention Department, and the Orange County Health Care Agency, as required by the Infections Waste Act and AB2185/2187. Standard For Compliance: Approved revised Hazardous Materials and Waste Management Plan and Infectious Control Manual, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MAS'ThR PLAN MITIGATION MONITORING Project: Mitigation Measure: 84 Timing For Completion: Ongoing During Project Operation Text of Mitigation Measure: Project Sponsor shall continue compliance with its Hazardous Material and Waste Management Program and its Infectious Control Manual for all new activities associated with the proposed Master Plan. as well as comply with all new regulations enacted between now and completion of the proposed Master Plan. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: q3 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 85 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: To the satisfaction of the City building official, the Project Sponsor shall expand existing hazardous infectious, radiological disposal facilities to add additional storage areas as necessary to accommodate the additional waste to be generated by the expanded facilities. Standard For Compliance: Shown on approved building_plans, if required Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 9,/ • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 86 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: The Project Sponsor shall provide evidence to the Planning Director that measures to ensure implementation and continued compliance with all applicable SCAOMD Air Toxic Rules, Specifically Rules 1401, 1403, 1405 and 1415, are being carried out. Standard For Compliance: Obtain annual permit from the SCAOMD for regulated commercial equipment (see Mitigation Measure No. 36). as required. The above air toxic rules are addressed through the SCAOMD permit process for regulated commercial equipment Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: qd • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 87 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: The project sponsor shall submit plans to the City Building Department verifying that all roadways associated with the development of the Master Plan will be paved early in the project, as a part of Phase I Master Plan development construction activities. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 88 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: The project sponsor shall submit plans to the City Building Department prior to the issuance of a building permit for each phase of development, verifying that energy efficiency will be achieved by incorporating appropriate technologies and systems into future structures, which may include: High efficiency cooling/absorption units; thermal storage and ceramic cooling towers; cogeneration capabilities: high efficiency water heaters: energy efficient glazing systems: appropriate off -hour heating/cooling/lighting controls; time clocks and photovoltaic cells for lighting controls: efficient insulation systems: light colored roof and building exteriors: PL lighting and fluorescent lighting systems: motion detector lighting controls: natural interior lighting (skylights, clerestories); and solar orientation. earth berming and landscaping. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 07 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 89 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: The project sponsor shall demonstrate to the City Building Department that methods and materials which minimize VOC emissions have been employed where practical, available and where value engineering allows it to be feasible._ Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MAS'1ER PLAN MITIGATION MONITORING Project: Mitigation Measure: 90 Timing For Completion: Prior to Approval of Street Improvement Plans Text of Mitigation Measure: In conjunction with the Critical Care Surgery addition, the Project Sponsor will place the overhead power lines located west of the Upper Campus underground if feasible. Standard For Compliance: Shown on approved street improvement plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: qq • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 91 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to the issuance of grading permits. emergency fire access to the site shall be approved by the City Public Works and Fire Departments. Standard For Compliance: Shown on approved grading plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: NO • • • s • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 92 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to the issuance of building permits, the project sponsor shall demonstrate that final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. The project sponsor will also comply with any other City adopted water conservation policies. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /0i • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 93 Timing For Completion: Prior to Issuance of Each Grading Permit Text of Mitigation Measure: Prior to issuance of grading permits. a master plan of water and sewer facilities shall be prepared for the site. The Project Sponsor sahll verify the adequacy of existing water and sewer facilities and construct any modifications or facilities necessitated by the proposed project development. Standard For Compliance: Approved master plan of water and sewer facilities Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: jDY • • • • • HOAG HOSPITAL MAS'Mit PLAN MITIGATION MONITORING Project Mitigation Measure: 94 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to the issuance of building permits, the project sponsor shall demonstrate, to the satisfaction of the City Fire Department, that all buildings shall be equipped with fire suppression systems. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /p3 e • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 95 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of building permits. the project sponsor shall demonstrate to the City Fire Department that all existing and new access roads surrounding in the project site shall be designated as fire lanes. and no parking shall be permitted unless the accessway meets minimum width requirements of the Public Works and Fire Departments. Parallel parking on one side may be permitted if the road is a minimum 32 feet in width. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /D q • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 96 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of a building permit, the project sponsor shall demonstrate to the City that the thermal integrity of new buildings are improved with automated time clocks or occupant sensors to reduce the thermal load. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: rob • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 97 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of a building permit. the project sponsor shall demonstrate to the City that window glazing, wall insulation, and efficient ventilation methods have been incorporated into building designs. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MAS11`:R PLAN MITIGATION MONITORING Project Mitigation Measure: 98 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of a building permit. the project sponsor shall demonstrate that building designs incorporate efficient heating units and other appliances, such as water heater, cooking equipment, refrigerators, furnaces and boiler units. Standard For Compliance: Shown on approved building In ans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 99 Timing For Completion: Prior to Issuance of Each Building Permit Text of Mitigation Measure: Prior to issuance of a building permit. the Project Sponsor shall incorporate into building designs, where feasible, passive solar designs and solar heaters. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /o • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 100 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: The project sponsor shall ensure that all cut material is disposed of at either an environmentally cleared development site or a certified landfill. Also, all material exported off site shall be disposed of at an environmentally certified development cleared landfill with adequate capacity. Standard For Compliance: Approved disposal location Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: Ioq • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 101 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: In conjunction with the application for a grading permit, the project sponsor shall submit a construction phasing and traffic control plan for each phase of development. This plan would identify the estimated number of truck trips and measures to assist truck trips and truck movement in and out of the local street system (i.e., flagmen, signage, etc.). This plan shall consider scheduling operations affecting traffic during off-peak hours, extending the construction period and reducing the number of pieces of equipment used simultaneously. The plan will be reviewed and approved by the City Traffic Engineer prior to issuance of the grading permit. Standard For Compliance: Approved construction phasing and traffic control plan Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • s • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 102 Timing For Completion: Prior to Issuance of Each Grading Permit Text of Mitigation Measure: The Project Sponsor shall ensure that all haul routes for import or export materials shall be approved by the City Traffic Engineer and procedures shall conform with Chapter 15 of the Newport Beach Municipal Code. Such routes shall be included in the above construction traffic plan. Standard For Compliance: Approved haul routes Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 111 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 103 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure:. The project sponsor shall provide advance written notice of temporary traffic disruptions to affected areas. businesses and the public. This notice shall be provided at least two weeks prior to disruptions. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: //Z • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 104 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: The Project Sponsor shall ensure that construction activities requiring more than 16 truck (i.e.. multiple axle vehicle) trips per hour, such as excavation and concrete pours, shall be limited between June 1 and September 1 to avoid traffic conflicts with beach and tourist traffic. At all other times, such activities shall be limited to 25 truck (i.e., multiple axle vehicle) trips per hour unless otherwise approved by the City traffic engineer. Haul operations will be monitored by the Public Works Department and additional restrictions may be applied if traffic congestion problems arise. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 105 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: The Project Sponsor shall ensure that all trucks used for hauling material shall be covered to minimize material loss during transit. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 106 Timing For Completion: Prior to the Issuance of Each Grading Permit; Ongoing During Site Preparation and Grading Text of Mitigation Measure: Project sponsor shall ensure that all project related grading shall be performed in accordance with the City of Newport Beach Grading Ordinance which contains procedures and requirements relative to dust control. erosion and siltation control, noise. and other grading related activities. Standard For Compliance: Shown on approved grading plans; documented in contractor/ subcontractor supplemental general conditions. Compliance: City of Newport Beach Verification Approved on: Approved by. Signature: 115 • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 107 Timing For Completion: Prior to the Issuance of Each Grading Permit Text of Mitigation Measure: Prior to issuance of grading permits, the project sponsor shall demonstrate compliance with SCAQMD Rule 403 which will require watering during the morning and evening prior to or after earth moving operations. To further reduce dust generation, grading should not occur when wind speeds exceed 25 miles per hour (MPH), and soil binders on SCAOMD approved chemical stabilizers should be spread on construction sites or unpaved areas. Additional measures to control fugitive dust include street sweeping of roads used by construction vehicles, reduction of speeds on all unpaved roads to 15 miles per hours, suspension of operations daring -first and second stage smog alerts, and wheel washing before construction vehicles leave the site. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /I6 • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 108 Timing For Completion: Prior to the Issuance of Each Grading and Building Permit Text of Mitigation Measure: Prior to issuance of any grading and building permit, the project sponsor shall submit a Trip Reduction Plan for construction crew members. This plan shall identify measures, such as ride -sharing and transit incentives. to reduce vehicle miles traveled by construction crews. The plan shall be reviewed and approved by the City Traffic Engineer. Standard For Compliance: Approved trip reduction plan Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 1 /7 • o • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 109 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: Prior to issuance of a grading permit for each phase of construction. the project sponsor shall submit an analysis to the City Building Department that documents the criteria emissions factors for all stationary equipment to be used during that phase of construction. The analysis shall utilize emission factors contained in the applicable SCAOMD Handbook. The analysis shall also be submitted to the City of Newport Beach Planning Department for review and approval. Standard For Compliance: Approved criteria emission factors based on SCAOMD Handbook Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: lib • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 110 Timing For Completion: Prior to the Issuance of Each Grading and Building Permit Text of Mitigation Measure: The project sponsor shall ensure that low emission mobile and stationary equipment is utilized during construction, and low sulfur fuel is utilized in stationary equipment, when available. Evidence of this fact shall be provided to the City of Newport Beach prior to issuance of any grading or building permit. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: jrq • o • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 111 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: The project sponsor shall ensure that all internal combustion engines associated with construction activities shall be fitted with properly maintained mufflers and kept in proper tune. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /-0 • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 112 Timing For Completion: Ongoing During Site Preparation and Construction Text of Mitigation Measure: The project sponsor shall ensure that construction activities are conducted in accordance with Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:00 p.m. on weekdays, and 8:00 a.m. to 6:00 p.m. on Saturdays. No person shall. while engaged in construction. remodeling, digging, grading, demolition, painting, plastering or any other related building activity. operate any tool. equipment or machine in a manner that produces loud noise that disturbs. or could disturb. a persons of normal sensitivity who works or resides in the vicinity, on any Sunday or any holiday. Standard For Compliance: Documented in contractor/subcontractor supplemental general conditions Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: jZ) • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 113 Timing For Completion: Subsequent to the Approval of the Development Agreement by the Coastal Commission and the Expiration of My Statute of Limitation for Filing a Legal Challenge to the Development Agreement.. the Master Plan, or the EIR Text of Mitigation Measure: Subsequent to the approval of this Agreement by the Coastal Commission and the expiration of any statute of limitation for filing a legal challenge to this Agreement, the Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars ($250,000) in an account, and at a financial institution, acceptable to City. The account shall be in the name of the City provided, however. Hoag shall have the right to access the funds in the event, but only to the extent that, Hoag constructs -or installs the improvements described in (i) or (ii). Funds in the account shall be applied to the following projects (in order of priority upon notice to proceed served by City on Hoag): (i) The construction of a sidewalk and installation of landscaping in the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road: and (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. Standard For Compliance: Submit $250,000 check Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 114 Timing For Completion: Prior to the Issuance of a Building Permit Text of Mitigation Measure: Rooftop mechanical equipment screening on the emergency room expansion shall not extend closer than fifteen feet from the west edge of the structure and no closer than ten feet from the edge of the structure on any other side. fo • Standard For Compliance: Shown on annroved buildin bans Compliance: Emergency room expansion completed in 1993. The above -mentioned mitigation measure was included City of Newport Beach Verification Approved on: Approved by: Signature: • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 115 Timing For Completion: Prior to the Issuance of a Building Permit Text of Mitigation Measure: Noise from the emergency room expansion rooftop mechanical equipment shall not exceed 55 dBA at the property line. Standard For Compliance: Approved acoustical analysis: incorporate mitication measures, if required Compliance: Emergency room expansion completed in 1993. The above -mentioned miti ation measure was included City of Newport Beach Verification Approved on: Approved by: Signature: • • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 116 Timing For Completion: Not Specified Text of Mitigation Measure: The Project Sponsor shall pay 75% of the cost of planting thirty 24-inch ficus trees (or the equivalent) in the berm between the service road and Villa Balboa southerly of the tennis courts. Planting shall occur on Villa Balboa nroprty. Standard For Compliance: Provide funds for ficus trees Compliance: Check for $5.737.50 paid to Villa Balboa Community Association on February 21,1992. City of Newport Beach Verification Approved on: Approved by: Signature: e i • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 117 Timing For Completion: Ongoing During Project Operation Text of Mitigation Measure: Use of the heliport/helipad shall be limited to emergency medical purposes or the transportation of critically ill patients in immediate need of medical care not available at Hoag Hospital. Helicopters shall. to the extent feasible. arrive at. and depart from the helipad. from the northeast, to mitigate noise impacts on residential units to the west and south. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • 16 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 118 Timing For Completion: Prior to the Issuance of a Building Permit Text of Mitigation Measure: For any building subject to the issuance of the building permit by the Office of the State Architect, Hoag Hospital shall submit to the State Architect a letter from the City of Newport Beach indicating that review of the construction plans has been completed and that the plans are in compliance with all City requirements. Standard For Compliance: Submit letter from State Architect Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 119 Timing For Completion: Ongoing During Project Operations Text of Mitigation Measure: Non -vehicular activities. such as the operation of the trash compactor, which occur in the vicinity of the service/access road shall be operated only between the hours of 7:00 a.m. and 7:00 p.m. daily. Standard For Compliance: Documented as part of Development Agreement annual review Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: /2-8 • 1 • • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project Mitigation Measure: 120 Timing For Completion: Within One Year From the Date of Final Approval of the Planned Community District Regulations and Development Plan by the California Coastal Commission Text of Mitigation Measure: Within one year from the date of final approval of the Planned Community District Regulations and Development Plan by the California Coastal Commission. as an interim measure. the project sponsor shall implement an acoustical and/or landscape screen to provide a visual screen from and reduce noise to adjoining residences from the loading doc area. The design process for the Critical Care Surgery Addition shall include an architectural and acoustical study to insure the inclusion of optimal acoustical screening of the loading dock area by that addition. Subsequent to the construction of the Critical Care Surgery Addition an additional acoustical study shall be conducted to assess the sound attenuation achieved by that addition. If no significant should attenuation is achieved. the hospital shall submit an architectural and acoustical study assessing the feasibility and sound attenuation implications of enclosing the loading dock area. If enclosure is determined to be physically feasible and effective in reducing noise impacts along the service access road. enclosure shall be required. Any enclosure required pursuant to this requirement may encroach into any required setback upon the review and approval of a Modification as set forth in Chapter 20.81 of the Newport Beach Municipal Code. Standard For Compliance: Only applicable to Critical Care Surgery Addition which is no longer being_proposed. except that acoustical and/or landscape screen will be provided for the Cardiac Services Addition Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 29 ! Al 9 i /h eivJ • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 121 Timing For Completion: Prior to the Issuance of a Grading Permit Text of Mitigation Measure: Prior to issuance of a grading permit for each individual phase of development (i.e., I, II or III) the project sponsor shall conduct a CO hot spot analysis for the subject phase of development. This analysis shall utilize the EMFAC/EP emission factor program for the build out year of the subject phase of development, and the CALINE4 CO hot spot model or the model recommended for such analysis at that time_ The results of this analysis shall be submitted to the City of Newport Beach Planning Department for review. City staff will verify consistency with the results of the project build out CO analysis. Standard For Compliance: Approved CO hot spot analysis Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: • �3D • • lb HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 122 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: The methane gas facility and all building on the lower campus shall be subject to all laws and regulations applicable, including, but not limited to, the Federal Regulation contained in 29 CFR 1910. the State Health and Safety Code, Division 20, Chapter 6.95, and the regulations of OSHA and the National Fire Protection Association. Prior to the issuance of building permits on the lower campus, the project sponsor shall submit to the Newport Beach Fire Department a compliance review report of all the above referenced laws and regulations. Standard For Compliance: Shown on approved building plans Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 1 • • • HOAG HOSPITAL MASTER PLAN MITIGATION MONITORING Project: Mitigation Measure: 123 Timing For Completion: Prior to the Issuance of Each Building Permit Text of Mitigation Measure: The design of the critical care/surgery addition shall incorporate screening devices for the windows which face the Villa Balboa area for the purpose of providing privacy for residents, so long as these screening devices can be designed to meet the Hospital Building Code requirements regarding the provision of natural light to the e facility. Standard For Compliance: Shown on approved building plans. Only applicable to Critical Care Surgery Addition. which is no longer being proposed, except that window screening will be provided for Cardiac Services Addition to be shown on interior design plans as requested by City staff on April 13, 1993. Compliance: City of Newport Beach Verification Approved on: Approved by: Signature: 13Z • ORDINANCE NO. 94- 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT AGREEMENT NO. 5) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of' housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and c. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the adoption of development agreements; and e. The amended Development Agreement No. 5 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider the amended Development Agreement No. 5; and g. The City Council finds that said Development Agreement is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that said Development Agreement is in conformance with the Newport Beach General Plan. SECTION 2. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code establishing procedures and requirements for the consideration of development agreements, the amended Development Agreement No. 5 for Hoag Memorial Hospital Presbyterian, attached hereto as Exhibit "A", is hereby approved. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach and said Development Agreement is made a part hereof by this reference. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be 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 24th day of January ,1994, and was adopted on the 14th day of February ,1994, by the following vote, to wit: AYES, COUNCIL MEMBERS SANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES Ai LEST: CITY CLERK Attachment Exhibit "A": Amended Development Agreement No. 5 for Hoag Memorial Hospital Presbyterian PLTLACC'AMn41DAS.ORD N 1 RECORDING REQUEST PER GOVERNMENTCODE 6103 Recording Requested By and soWhen Recorded Return to: City Clerk/4 ? ` .- City of Newp rt Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 • • IP IOC # 94-0207276 23—MAR-1994 43: 59 PM Recorded in Official Records of Orange County, California Lee A. Branch, County Recorder Pose l of 61 Fees: $ 0.00 Tax: $ 0.00 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN Approved February 14, 1994 Ordinance No. 94-8 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the City of Newport Beach (the "City"), and Hoag Memorial Hospital Presbyterian ("Hoag"). i • Ilk RECITALS. This Agreement relates to the following: 1.1 Purpose of Agreement. This Agreement is intended to: (a) Enable Hoag to adapt to the ever changing health care needs of those residents within its service area by authorizing design parameters of new or additional facilities in a manner that will allow Hoag to respond to rapid changes in medical and health care technology and delivery systems. (b) Establish strict, binding limits on the amount and height of permitted development as well as ensure compliance with numerous conditions on the density, location, and timing of construction to minimize, to the extent feasible, any environmental impacts of Hoag's proposed expansion. (c) Impose exactions such as dedication of property, construction of public improvements and/or the installation of landscaping visible to the public, which, when considered in conjunction with the public services provided by Hoag, benefit the general public. 1.2 Authorization. This Agreement is authorized by, and is consistent with, the provisions of 65864 et seq. of the Government Code of the State of California, and Chapter 15.45 of the Newport Beach Municipal Code. 1.3 Interest of Howl. Hoag is the legal and/or equitable owner of approximately forty (40) acres of real property located in the City and more particularly described in Exhibit "A" and depicted in Exhibit "B" (the "Property"). 1.4 Development of the Property. This Agreement authorizes development on the Property consistent with the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan ("Master Plan", a copy of which is attached to this Agreement as Exhibit "C" and incorporated by reference when appropriate), subject to the conditions and mitigation measures identified in Environmental Impact Report No. 142 and imposed by the City Council as conditions to approval of the Master Plan and this Agreement and, for all development within 1 the coastal zone subject to approval of a coastal development permit by the California Coastal Commission or its successor agency. 1.5 Planning Commission/City Council Hearings. The Planning Commission, after giving appropriate notice, held public hearings to consider a development agreement, the proposed Master Plan, and the EIR on December 5, 1991, January 9, 1992, January 23, 1992, February 6, 1992, and February 20, 1992. The City Council conducted public hearings on the Master Plan, this Agreement and the EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 11, 1992. 1.6 Consistency. This Agreement is consistent with the various elements of the Newport Beach General Plan, the Master Plan, and other applicable ordinances, plans, and policies of the City. This Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic costs of development by providing assurance to Hoag that it may generally proceed with projects in accordance with existing regulations, and provides assurance to adjoining property owners that limits on the height of structures and amount of development as specified in the Master Plan and this Agreement will remain in full force and effect for a period of twenty- five (25) years. 1.7 Police Power. The City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.8 City Ordinance. On February 14, 1994, the City Council adopted Ordinance No. 94-8 approving this Agreement and authorizing the City to enter into this Agreement. The Adopting Ordinance will become effective on March 16, 1994. 2. DEFINITIONS. 2.1 The "Adoptina 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". 2 • • 2.3 "Annual Review" refers to the review of Hoag's good faith compliance with this Agreement and conditions on development as set forth in Section 5. 2.4 The "Approval Date" means the date on which the City Council voted to adopt the Adopting Ordinance. 2.5 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases, and assignments. 2.55 "California Coastal Commission" refers to the California State Resources Agency established under the California Coastal Act of 1976. 2.6 "CEOA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guidelines promulgated by the Secretary of Resources of the State of California, including any amendments adopted subsequent to the Effective Date. 2.7 "City" refers to the City of Newport Beach, California. 2.8 "City Council" refers to the City Council of the City. 2.9 "Cure Period" refers to the period of time during which a Default may be cured pursuant to Section 9. 2.10 A "day" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Hoag Default" refers to a default by Hoag. 2.12 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. provided however, the Agreement has been approved by the California Coastal Commission, and the Executive Director of the Coastal Commission is in receipt of a copy of this Agreement signed by both parties. 2.13 The "EIR" refers to final Environmental Impact Report No. 142 of the City of Newport Beach and Supplemental Environmental Impact Report No. 142. 2.14 An "Estoppel Certificate" refers to the document certifying the status of this Agreement required by Section 5.6 in the form of Exhibit "D". 3 • • • 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: Exhibit B: Exhibit C: Exhibit D: Legal Description of the Property Map of the Property The Master Plan 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 Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.20 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date and effective prior to the Effective Date. 2.21 "Hoag" refers to Hoag Memorial Hospital Presbyterian, a non- profit corporation. 2.22 "Includes" and all contexts and forms of the words "includes" and "including^ shall be interpreted to also state "but not limited to." 2.23 "Master Plan" refers to the Hoag Memorial Hospital Presbyterian Master Plan and Planned Community Development Plan which was adopted by the City on May 26, 1992 (Exhibit "C"). 2.24 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale -leaseback agreement, or other 4 • • • transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.25 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.26 The "Parties" refers to the City and Hoag and a "Party" shall refer to either of the Parties. 2.27 "Planning Commission" refers to the Planning Commission of the City. 2.28 The "Project" refers to the proposed development of the Property pursuant to the Master Plan and this Agreement. 2.29 "Project Specific Approvals" means all site -specific (meaning specifically applicable to the Property only and not generally applicable to some or all other properties within the City) plans, subdivision maps, permits, or other entitlement. Project Specific Approvals include subdivision maps, site plan review, conditional use permits, coastal development permits, variances, grading and building permits, as well as amendments or modifications to those plans, maps and permits. Project Specific Approvals does not include Existing or Future General Regulations. 2.30 The "Property" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." CONDITIONS TO DEVELOPMENT. 3.1 Introduction. The provisions of this Section express the intent of the parties regarding the extent to which this Agreement vests Hoag's right to proceed with the development described in the Master Plan. Hoag acknowledges that its right to proceed with development described in the Master Plan is subject to numerous conditions and mitigation measures including the following: (a) The specific limitations and restrictions contained in the Master Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; 5 • • 4 Conditions imposed by the City as a result of subsequent or supplemental environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; Conditions imposed by the City Council in conjunction with the approval of Traffic Study No. 81 and Variance No. 1180; Compliance with the terms and conditions specified in this Agreement. Compliance with Existing General Regulations. 3.2 Compliance with Master Plan Conditions/Mitiaation Measures. Hoag acknowledges that City Council approval of the Master Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimize or eliminate the significant adverse effects of the Project and ensure the health, safety, and welfare of nearby residents as well as Hoag patients and employees. Many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before grading or construction. Specific mitigation measures that require compliance with, or satisfaction of, standards before grading or construction can occur include the following: (a) Slope excavation techniques which insure stability; (b) Grading and •excavation techniques which minimize disturbance to adjacent residents and the general public; (c) Identification of potential faults on site and construction of buildings pursuant to recommendations of certified geologists and in a manner which insures that nearby residents, Hoag patients and Hoag employees are not exposed to a significant risk of injury; (d) Evaluation of soil corrosivity and removal of corrosive soils or use of corrosion resistant construction materials; (e) Mitigation of impacts caused by removal of wetlands through off -site restoration as required by resource agencies; (f) Preparation and approval of a project trip generation study prior to development of Phase I of the Master Plan (if Hoag proposes a land use other than specified in the approved Traffic Study); 6 • • (g) Preparation and approval of a project trip generation study as a condition to construction of development in Phases II and III of the Master Plan; (h) Preparation and approval of a Traffic Phasing Ordinance analysis prior to construction of development in Phase II and Phase III of the Master Plan; (i) Preparation of a view impact analysis of each proposed building prior to issuance of permits; (j) Analysis and mitigation of emissions in accordance with the regulations of the South Coast Air Quality Management District; (k) Preparation and approval of a construction phasing and traffic control plan for each phase of development. Hoag's right to develop the Property pursuant to the Master Plan is contingent upon compliance with, and satisfaction of, the conditions and mitigation measures imposed by. the City Council as of the Approval Date, conditions imposed by the California Coastal Commission required for approval of coastal development permits, as well as conditions and mitigation measures resulting from subsequent environmental analysis as specified in Paragraph 3.3. 3.25 Future Coastal Act discretionary review may result in specific mitigation measures to ensure consistency with the Coastal Act that require compliance with, or satisfaction of, standards before grading or construction can occur. 3.3 Program EIR. Hoag acknowledges that the EIR is a "Program IR." The EIR analyzes the impacts of construction phased over time and, ursuant to CEQA, City is under a continuing obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental impacts associated with the request were fully addressed in the EIR. Subsequent environmental documentation is required if this analysis reveals environmental impacts not fully addressed in the program EIR, identifies new impacts, or concludes the specific request is not consistent with the project described in the EIR. Hoag acknowledges the right and obligation of the City and the Coastal Commission or its successor agency to impose additional conditions as the result of the subsequent environmental analysis required by CEQA. 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. 7 11 r • I\ • • • The Plan shall comply with and satisfy the requirements of CEQA and the Guidelines and the Coastal Act. The Plan shall be available to the public upon request. 3.5 Compliance with General Regulations. Hoag is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, Hoag shall pay the fee, cost, or expense required as of the date on which Hoag submits the application for Project Specific Approval. Hoag shall also comply with any Future General Regulations that do not impair Hoag's ability to develop the Property in accordance with the density, intensity, height and location of development specified in the Master Plan. Hoag shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for Project Specific Approvals are submitted. Hoag shall also comply with the Coastal Act and the City's certified Local Coastal Program. 4. RIGHT TO DEVELOPMENT. 4.1 Right to Develop. Subject to compliance with the provisions of Sections 3 and 8.2, Hoag shall have a vested right to develop and receive Project Specific Approvals for construction on the Property to the full extent permitted by the Master Plan. Subject to the provisions of Sections 3 and 8, City shall only take action which complies with and is consistent with the Master Plan and this Agreement unless Hoag otherwise consents in writing. Subject to this Subsection, City shall have the authority to impose only those Exactions which are specifically described in this Agreement, except as expressly required (as opposed to permitted) by state or federal law. 4.2 Reservations or Dedications of Land. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Hoag in conjunction with the application or issuance of any Project Specific Approvals. 4.3 Conflicting Measures. Except as expressly provided in this Agreement, no initiative measure, moratorium, referendum (except as provided in Government Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Master Plan and this Agreement (including density, intensity, timing, phasing, and sequencing) shall be applied to the Property during the term of this Agreement. 8 • • i 4.4 Time for Construction and Completion of Protect. Subject to the provisions of this Agreement and the Master Plan, Hoag shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive approval of, in a timely manner, permits or approvals at any time. ANNUAL REVIEW. 5.1 City and Hoag Responsibilities. At least every twelve (12) months during the Term, the City shall review Hoag's good faith substantial compliance with this Agreement (the "Annual Review"). After the Annual Review, the City's finding of good faith compliance by Hoag shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Party. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued at the request of either Party to afford sufficient time for analysis and preparation of a response. 5.2 Public Hearing. The Annual Review shall be conducted at a public hearing noticed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code. 5.3 Information to be Provided to Hoag. The City shall mail to Hoag a copy of the staff report and related exhibits concerning Agreement performance a minimum of ten (10) days before the Annual Review. 5.4 Mitigation Review. The annual review shall include a detailed report of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. The report shall include an analysis of the view impacts of buildings constructed in comparison to the anticipated views as depicted in the EIR. For the five year monitoring period imposed by the Department of Fish and Game Streambed Alteration Agreement entered into between the Department of Fish and Game and Hoag, the annual review shall also assess the success of any off -site wetlands mitigation. Five years after the completion of the Department of Fish and Game monitoring period, Hoag shall submit a final report assessing the success of the off -site wetlands mitigation in its annual review. If the survival and cover requirements set forth in the Streambed Alteration Agreement have not been met, Hoag shall be responsible for replacement planting to achieve these requirements. Hoag shall be found in compliance with this Agreement unless the City Council determines, based upon the 9 • evidence presented at the Annual Review, that Hoag has not complied with all mitigation measures and conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, or building on, the Property as of the date of the Annual Review. 5.5 Review Letter. If Hoag is found to be in compliance with the Agreement after the Annual Review, the City shall issue, within ten (10) days of Hoag's written request, a letter to Hoag stating that the Agreement remains in effect and Hoag is not in Default. 5.6 Estoppel Certificate. Either Party may at any time deliver written Notice to the other Party requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) No Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the city. An Estoppel Certificate may be relied on by assignees and Mortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 5.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Hoag's Default. 6. GENERAL PROVISIONS. 6.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 6.2 Applicability to Coastal Zone. This Agreement shall not be applicable to those portions of the Property located within the Coastal Zone as defined by the California Coastal Act (Division 10 • • • • 20, California Public Resources Code, beginning with Section 30000) until either (1) the required local coastal program for the Property has been certified by the California Coastal Commission or (2) the California Coastal Commission has approved this Agreement. This Subsection is intended solely -to comply with the provisions of California Government Code Section 65869 and shall be of no force or effect if Section 65869 is repealed. 6.3 Term of Agreement. The term of this Agreement (the "Term") shall begin on the Effective Date and continue for twenty-five (25)-years unless otherwise terminated or modified pursuant to this Agreement. Any modifications to this Agreement prior to effective certification of the City's Local Coastal Program (LCP), are subject to the review and approval of the Coastal Commission or its successor agency. 6.4 Assignment. Hoag has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agreement. As long as Hoag owns any part of the Property, Hoag may assign the benefits of this Agreement without delegating the obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Hoag of the corresponding obligations. Where an assignment includes the delegation of both the benefits and the corresponding obligations, those obligations become solely the obligations of the assignee. If an assignee is in Default, then as to Hoag or any assignees not in Default, the Default shall not constitute their Default, give grounds for termination of their rights under this Agreement -or be a basis for an enforcement action against them. 6.5 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), and subject to approval of the Coastal Commission or its successor agency prior to effective certification of the City's Local Coastal Program (LCP), this Agreement may be amended from time to time by the mutual consent of the Parties, or their successors in interest, but only in the manner provided by the Government Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. 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 (b) 11 t • • • 11, • 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. COHPLICTB OF LAW. 7.1 Conflict with State and Federal Laws and Regulations. Where state or federal laws or regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the 12 • • fie • extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations which required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and (f) Hoag consents in writing to the modification. (g) Any modifications, prior to effective certification of the City's Local Coastal Program (LCP) are subject to approval of the Coastal Commission or its successor agency. Hoag shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 7.2 Effect of Termination. If this Agreement is terminated as a result of changes in state or federal law, Hoag remains obligated to comply with the provisions of Section 8.2(a) and (b), unless Hoag has completed construction of less than twenty-five percent (25%) of the maximum permitted development. 8. PUBLIC BENEFITS/EXACTIONS. 8.1 Public Benefits. City and Hoag agree that this Agreement confers a substantial public benefit by enabling Hoag to construct facilities most appropriate to changes in medical technology and thereby better satisfy the health care needs of residents within its service area. In addition, the Master 13 • • • Plan and this Agreement confer benefits on the public and nearby residents by imposing long term restrictions on the height, amount and location of development as well as the public improvements described in Section 8.2. 8.2 Exactions. Hoag shall, as a condition to the right to develop, do the following: (a) Prior to commencement of development, irrevocably offer to dedicate and grade the proposed linear and consolidated view park identified in Figure 3.2.1 of Volume 1 of the EIR. The City shall accept the offer of dedication within sixty (60) days after the initial grading permit has been finalled by the City. The first stage of development shall include grading of the public linear and consolidated viewpark identified in Figure 3.2.1. of Volume I of the EIR. Hoag shall grade and excavate the slope adjacent to the proposed .28 (28/100) acre consolidated public view park and .52 (52/100) acre public linear view park in a way that ensures stability of the park and adjacent slopes. The grade (between the bicycle path and edge of slope) of the view parks shall be the minimum necessary to insure adequate drainage. The improvement for the linear and consolidated public parks shall be completed within three (3) years after the offer of dedication has been accepted by the City. The City shall ensure that adequate erosion control measures are implemented prior to construction. (b) Subsequent to the approval of this Agreement by the Coastal Commission and the expiration of any statute of limitation for filing a legal challenge to this Agreement, the Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars ($250,000.00) in an account, and at a financial institution, acceptable to City. The account shall be in the name of the City provided, however, Hoag shall have the right to access the funds in the event, but only to the extent that, Hoag constructs or installs the improvements described in (i) or (ii). Funds in the account shall be applied to the following projects (in order of priority upon notice to proceed served by City on Hoag): (i) The construction of a sidewalk and installation of landscaping in the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road; 14 • • • • (ii) The construction of facilities necessary to bring reclaimed water to West Newport and/or the Property; Any funds remaining in the account after completion of the projects described in (i) and (ii) shall be used by the City to fund, in whole or in part, a public improvement in the vicinity of the property. (c) City and Hoag shall conduct a study of possible future improvements in and around the easterly end of Semeniuk Slough that would, among other things, improve the appearance of the area and, potentially, serve as a component to improve public access from residential areas in West Newport to park land and public recreation facilities proposed in conjunction with development of the West Newport Oil Company property. The study shall analyze, among other things, the type of improvements that would improve the area without adversely impacting wetlands, the possible location of pedestrian trails and the potential for those trials to improve access to proposed recreational facilities, phasing of the improvements, potential public benefits, and the cost of the improvements. As a part of the study, Hoag and City shall meet and confer with resource agencies relative to the type and extent of improvements that may be permitted in or adjacent to wetlands. Hoag shall fund the study and participate in the cost of constructing any improvements in the area that the City Council determines are feasible and in the public interest, provided, however, the financial contribution of Hoag, including the costs of the study and improvements, shall not exceed Two Hundred Thousand Dollars ($200,000.00). (d) Hoag's obligations pursuant to Subsection (c) are contingent on Coastal Commission approval of the Master Plan and attached as Exhibit C to this Agreement with no significant reduction in entitlement from that authorized in the Master Plan. Hoag's obligations pursuant to Subsection (b) shall be reduced through good faith negotiations in the event the Coastal Commission reduces entitlement by ten percent (10%) or more from that authorized in the Master Plan. 9. DEFAULT. REMEDIES AND TERMINATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party 15 • • • • a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Party a Notice of intent to terminate the Agreement. Within thirty (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. 9.3 Notice of Termination. After considering the evidence presented to the City Council, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the existence of a Default. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11.16, in which case the court must render an independent judgment, on the basis of clear and convincing evidence, as to the existence of good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Party's right to give future Notice of the same or any other Default. 9.5 Default by Hoaq. 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. ENCUMBRANCES AND RELESES ON PROPERTY.S0,0 10.1 Discretion to Encumber. Hoag may encumber all or any portion of the Property in any manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Hoag and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification. Any such modification, prior to effective certification of the City's Local Coastal Program (LCP), is subject to the review and approval of the Executive Director of the Coastal Commission or its successor agency. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City written Notice of any Hoag Default at the same time Hoag is provided with Notice pursuant to Section 9.1. 11.0 MISCELLANEOUS PROVISIONS. 41111/1 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 • • • A • 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 & Winton 19100 Von Barman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delav:Extension of Time of Performance. Neither Party shall be deemed to be in Default where delays or non- performance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, acts of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, suspension of rights in accordance with the existence of unforeseen circumstances, litigation, or similar bases for excused performance. If written Notice of such delay is given to the other Party within thirty (30) days after such delay begins an extension of time for performance shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon. In no event shall the term of this Agreement be extended as a result of the application of this Subsection. 11.3 Severabilitv. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement objectively cannot be modified to implement the original intent of the Parties and the Party substantially benefitted by the material provision does not waive its rights under the unenforceable provision, the entire 18 • • • • 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 Aareement. 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 legislative and governmental functions of the City, and in particular, the City's police powers or to surrender or abrogate the city's governmental powers over the Property. 11.11 Authority to Execute. The person executing this Agreement on behalf of Hoag warrants and represents that he/she has the authority to do so and the authority to bind Hoag to the performance of Hoag's obligations under this Agreement. 11.12 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.13 Effect on Title. This Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 11.14 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement void or ineffective. 11.15 Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any Default, to enforce any provision of this Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California. 11.16 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 20 Date: '�`a3 9y • , 1994 Date: March 9 , 1994 • wbAhoagda4.fnl 1/21/94 is • By. By: 21 CITY OF NEWPORT BEACH GLG�+�ivl.i Clarence (,R'urner, Mayor HOAG MEMORIAL OSPIT RESBYTERIAN Albert J. A Chairman of t e Board 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 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. • 1 MARCH /9P9 1 PAC SUS KM Mgt TRACT NCR A'ud , • MAC 6 RINGRECORD ORSURVES...... AWN Exhibit C • • HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS Recommended for Approval by the Planning Commission February 20, 1992 Adopted by the City Council City of Newport Beach Ordinance No. 92-3 May 26,1992 • • • is Al hi • TABLE OF CONTENTS Page Number L Introduction 1 II. General Notes 2 III. Definitions 4 IV. Development Plan 6 V. District Regulations 11 VI. Sign Program 20 VIL Parking Program 22 VIII. Landscape Regulations 24 DC. Site Plan Review 27 May 26,1992 i • • is • EXHIBITS Page Number 1. Planned Community Development Plan 7 2. Internal Circulation 9 3. Development Criteria 15 TABLES 1. Statistical Analysis 10 2. Parking Requirements 23 May 26, 1992 ii • • • I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital -related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the upper and lower campuses of Hoag Hospital. In general, over the long term, the upper campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the lower campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Conununity text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. May 26, 1992 1 • II. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K 5 and K 6 regarding archaeological and paleontological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. 7. New mechanical appurtenances on building rooftops and utility vaults, excluding communications devices, on the upper campus shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be screened on the lower campus. Noise shall not exceed 55 dBA at all property lines. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. May 26, 1992 2 • • • Ibk • 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that landscaping of exposed slopes shall be installed within 30 days of the completion of grading. May 26, 1992 3 a. • • • III. DEFINITIONS Building Elevation: 1. a vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2. a flat scale drawing of the front, rear, or side of a building. Building Envelope: the volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: the vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room:. a service and facility designated to provide acute emergency medical services for possible life threatening situations. Fast Aid: low acuity medical treatment for non -life threatening situations. General Plan: the General Plan of the City of Newport Beach and all elements thereof. Grade: for the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: hospital patient services which require overnight stay. Landscape Area: the landscape area shall include on -site walks, plazas, water, rooftop May 26, 1992 4 • • • • landscaping.and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: a reference or datum mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: hospital patient services which do not require overnight stay. Residential Care: medically -oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area E: for the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. Special Landscaped Street: West Coast Highway is designated as a special landscaped street, containing special landscape requirements. Streets: reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. May 25,1992 5 IV DEVELOPMENT PLAN Project Characteristics The upper campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential developments (the Versailles and Villa Balboa/Seafaire condominiums) to the west. The lower campus is located north of West Coast Highway, south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and adjoins the upper campus at its eastern boundary. The upper campus is, and will continue to be, oriented towards inpatient functions, while the lower campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1. From 1990 to 2015, many of the existing buildings shown on the Development PIan for the upper campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. The Development Plan includes a 0.8 acre view park adjacent to the bike trail between the lower campus and the Villa Balboa/Seafaire Condominiums This view park includes a twenty -foot wide linear park area adjacent to the bike path (approximately 0.5 acres) and a consolidated view park at the westerly edge of the property (approxi- mately 03 acres). A .bike trail connection is also provided between the existing bike trails at the northern and southern boundaries of the lower campus. Access to the lower campus will be from West Coast Highway and Superior Avenue, as well as from Hospital Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. May 26,1992 6 LEGEND AREA OF DEVELOPMENT . • • A AV6tq-- • iu►ELno�... . � ' c•_.. / • .���...,.. ..ram,.. r+•.ter•• "`�... WEST_ .._._ PLANNED COMMUNITY DEVELOPMENT PLAN N HOAG MEMORIAL HOSPITAL PRESBYTERIAN er I r•—i n • Akio rat.:26,1m • • • • The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes in the health care industry, while at the same time ensuring that trip generation restrictions are adhered to and the overall development cap is not exceeded, this Development Plan allows Hoag Hospital to adjust the development profile provided in the statistical analysis. For example, if changing hospital needs necessitate the development of additional outpatient uses, this development would be allowed, consistent with the Development Plan, as long as a corresponding adjustment in square footage rr trip generation for another use were to occur. This Development Plan allows Hoag Hospital to adjust the development profile provided in the statistical analysis (Table 1) as long as the development limit (Le., square feet) or the trip generation limit for the peak period (as identified in the Environmental Impact Report) established within each phase of development is not exceeded. Adjustments to the Development Plan may be allowed if the total square footage or trip generation allowed in the current phase of development is exceeded, if the total development or trip generation allowed under the Development Plan is not exceeded. May 26, 1992 8 • LEGEND C. „a Cs '`` PRIMARY ACCESS (SIONAUZED) SECONDARY ACCESS SERVICE ACCESS PUBLIC CIRCULATION STAFF I SERVICE CIRCULATION Mn' 26,1992 /L WE?! .noloosanowtn COAST VEHICULAR ACCESS HOAG MEMORIAL HOSPITAL PRESBYTERIAN IrOHWAY • EXHIBIT 2 �MhrrM�b�ti:ri vAr • • • • Table 1 STATISTICAL ANALYSIS1 Use Square Feel Lower Campus Existing: Outpatient Services (Hoag Cancer Center) Child Care 65,000 7,800 Subtotal: 72,800 Phase I: Outpatient Services 115,000 Support Service 55,000 Administrative 30,000 Subtotal: 200,000 Phases II & III: Subtotal: 305,089 Total Lower Campus 577,889 Upper Campus Existing?: 480,000 Phase I: Outpatient Services Inpatient Subtotal: Phases II & III: Total Upper Campus GRAND TOTAL 25,000 115,000 140,000 145,349 765,349 1,343,2383 1 Pull development of the upper and lower campuses is anticipated to occur over an approximate 20-ycar period and will likely occur in three, seven-year phases. 2 Up to 5090 of the existing upper campus may be redeveloped by master plan buildout. 3 Based on development allowed under the General Plan at a floor area ratio to gross site area of .65 for the lower campus and 10 for the upper campus. Building Bulk limit for the lower campus is 0.90 for all structures which includes above grade covered parking. May 26,1992 10 • • • • V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories is not an exhaustive list. Other hospital -related uses which fit into the five permitted use categories are allowed by definition. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building and Public Works Departments shall be submitted for the review and approval of the Planning, Building, and Public Works Departments. A. Permitted Uses 1. Lower Campus a) Hospital facilities, including, but not limited to: Outpatient services: • Antepartum Testing • Cancer Center • Skilled Nursing • Rehabilitation • Conditioning • Surgery Center • Clinical Center • Day Hospital • Back and Neck Center • Biofeedback • Breast Imaging Center • CT Scan • Dialysis • EEG/EMG/NICE Laboratory • First Aid Center • Fertility Services • G.I. Laboratory • Laboratory • Magnetic Resonance Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services May 26,1992 11 • • • • • Radiation Therapy • Radiology • Respiratory Therapy • Sleep Disorder Center • Speech Therapy • Ultrasound ii. Administration: • Admitting • Auxiliary Office • Business Offices • Information • Registration • Patient Relations • Social Services Support Services: • Employee Child Care • Health Education • Power/Mechanical/Auxiliary Support and Storage • Food Services • Cashier • Chapel/Chaplaincy Service • Conference Center • Dietitian • Gift Shop • Laboratory • Medical Library • Medical Records • Pharmacy • Engineering/Maintenance • Shipping/Receiving • Microwave, Satellite, and Other Communication Facilities iv. Residential Care: • Substance Abuse • Mental Health Services • Extended Care • Hospice Care • Self or Minimal Care • Congregate Care May 26,1992 12 • 0 • v. Medical/Support Offices b) Methane gas flare burner, collection wells and associated system components. c) Accessory uses normally incidental to hospital development. d) Temporary structures and uses, including modular buildings. 2. Upper Campus a) Hospital facilities, including, but not limited to: i) Inpatient uses: • Critical Care • Emergency Care Unit • Birth Suites • Cardiology • Cardiac Care Unit • intensive Care Unit • Mother/Baby Unit • Surgery/Waiting Rooms • Radiology • Laboratory • Pharmacy ii) Outpatient services as allowed on the lower campus iii) Administrative uses as allowed on the lower campus iv) Support services as allowed on the lower campus v) Residential care as allowed on the lower campus vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buildings. May 26,1992 13 • A B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3 • which established the following height zones: 1. Upper Campus Tower Zone - maximum building height not to exceed the existing tower (235 feet above mean sea level). 2. Upper Campus Midrise Zone - maximum building height not to exceed 140 feet above mean sea leveL 3. Upper Campus Parking zone - maximum building height not to exceed 80 feet above mean sea level, exclusive of elevator tower. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated on the development criteria Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center (57.5 feet above mean sea level). D. Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa / Seafaire Condominiums, as defined below: a) Upper campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b) Lower campus northern boundary, all of which will have a 20' minimum building setback. May 26,1992 14 • • lt-GEND Mart JONES jjjjjl !!!!!!!!! 112,411 ZOE -.MAXIMUM WADING FEIGIff 215* NAVE I/F.AN SEA LEVEL. mouse sore — „name+ auanexurrort mama zofie- MAXIMUM COSMO NE/GHT PANNE MEAN SEA LEVEL =UAW ELEVA1DRTOWEN. ED LOWS CAMPUS 7ANE - MEM THE .,.o0E'lltE EXISTING SLOPE ON111£ SUS •PAEAS AW.A210 0 405 INAL0113 SHALL RAMEOE EMMA DULDIEINEIOWS INCICATEO. SUS -AREAS DAM E• IMOOMUIA NULONOS ROOM STS FEET/WYE MEAN SEA LEYI3.. I A I I45 I (65) I INALOINO MONT SUS AREAS TrinCAL PANEL Of OOLONG NOCHE ASOVE MN:POSED MACE TYPCAL OUNCE OF NAOMI SULDea MEWS, MEAN SEA LEVEL INSE) 17.712 AVERAGE SUNE OAVATION "";.' - .• ' • •-•- ..... • OMEN EESASN 0-ENOITS ACCESS ONCLUSION EA PERI YORAM cotisomaira Am Armes provitiff74 • RIONIASE ALONO WEAR 1AEWPANK MAN SOWS A NCO M. SHALL MONDE CPENINEW COMMAS SEMEN MUM= • SE WAX MAE YEWPANE en ACRE SO4E1 TJ.) • • DEVELOPMENT CRITERIA HOAp_NIEMORIALHOSPITAL PRESBYTERIAN__ . SO WEEMS MEMO SETBACK • looms suEDNISSETAAOC MOS Mil:MAME Er ANo ar SEA;17•E AMP „.•.. POWER AMR SULDSIS VAS Of 06 •• SS On. , . . • List SI . . .. , SW -- ,..-- somiszEo 1,7 INNIAIM SUMO SETSOcK •oN, SEMMES tr EWAN 'ADM SMACK MAWR, CHOW PLUS orilcUtATON AT ar ANN If 1 DIM 3 MAY 2b, 1592 - TWA • • • 2. The setback on West Coast Highway easterly of the hospital entry signal shall be 15 feet. In addition, vertical articulation shall be required for buildings easterly of the signal within 150 feet of the West Coast Highway frontage, as follows: 1st Floor: Up to 18 feet in height no additional articulation is required. If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 20 feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 25 feet. The setback on West Coast Highway westerly of the hospital entry signal shall be 45 feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within 150 feet of the West Coast Highway frontage, as follows: 1st Floor: Up to 18 feet in height no additional articulation is required. If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 55 feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 65 feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than 250 linear feet in width. Additional- ly, 20% of the linear frontage within 150 feet of West Coast Highway shall be open and unoccupied by buildings. May 26,1992 16 • Eie • 10% of the linear length of height zones A and B as viewed from the existing bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. 3. There will be no building setbacks along the boundary with CalTrans east property at Superior Avenue and West Coast Highway. 4. A 20 foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Lighting The lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minim17e light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor rooftop equipment necessary for operating purposes will comply with all building height criteria, and shall be concealed and screened to blend into the building roof using materials compatible with roofing materials. G. atm All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. May 26,1992 17 L Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII. J. Mechanical and Trash Enclosures Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. K. Internal Circulation 1. Prior to the issuance of a grading permit for any of the proposed Master Plan facilities, the project sponsor shall implement a pilot program that controls usage of the Upper and Lower Campus service roads during non- working hours. Such controls may include requesting that the majority of vendors deliver products (other than emergency products) during working hours (i.e. 7:00 a.m. to 8:00 p.m.), signage to restrict use of the road by Hospital employees, physicians, patients and visitors during non -working hours, and other methods to restrict use. The Hospital will also request that vendors not deliver (i.e. scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The results of this program will be submitted to the City prior to the issuance of the grading permit. If such results indicate that such controls do not significantly impact the operations of the Hospital, and provided that requests for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require that the program be implemented as hospital policy. If operation impacts are significant, other mitigation measures will be investigated at that time to reduce service road impacts to the adjacent residential units. 2. The lower campus service road shall include provisions for controlled access to limit usage to physicians and staff, and service vehicles. May 26,1992 18 , • • • • L Loading Dock Within one year from the date of final approval of the Planned Community District Regulations and Development Plan by the California Coastal Commission, as an interim measure, the project sponsor shall implement an acoustical and/or landscape screen to provide a visual screen from and reduce noise to adjoining residences from the loading dock area. The design process for the Critical Care Surgery Addition shall include an architectural and acoustical study to insure the inclusion of optimal acoustical screening of the loading dock area by that addition. Subsequent to the construction of the Critical Care Surgery Addition, an additional acoustical study shall be conducted to assess the sound attenuation achieved by that addition. If no significant sound attenuation is achieved, the hospital shall submit an architectural and acoustical study assessing the feasibility and sound attenuation implica- tions of enclosing the loading dock area. If enclosure is determined to be physically feasible and effective in reducing noise impacts along the service access road, enclosure shall be required. Any enclosure required pursuant to this requirement may encroach into any required setback upon the review and approval of a Modification as set forth in Chapter 20.81 of the Newport Beach Municipal Code. May 26,1992 19 0 • • • • VL HOAG HOSPITAL SIGN PROGRAM A. Purpose and Intent 1. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wall and ground -mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordi- nance and the information signage requirements of Hoag HospitaL 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -building„ may be illuminated or non -illuminated, depending upon need Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, nor create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be flush or surface mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110-L. C. Number of Signs Allowed 1. One (1) double-faced primary identification ground -mounted sign or two single faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a project boundary perimeter wall, subject May 26,1992 20 • • • • to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Secondary identification signs shall be allowed. This sign type shall not exceed a maximum height of 48" average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed thirty-five (35) square feet. This sign may occur as a wall sign to be located upon a project boundary perimeter wall, subject to the same number and area maximums described above. 3. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced or double-faced sign. This sign type shall occur with the sign suspended between two upright supports having the same depth (thickness) as the sign cabinet described above. 4. Hospital identification signs shall be allowed upon hospital tower parapets, one (1) at each elevation. The elevation facing west (Villa Balboa property line) may not be illuminated. 5. On the lower campus, one (1) building -mounted identification sign will be allowed per structure and shall not be placed so as to directly face the Villa Balboa/Seafaire property. Such signs will be no higher than the roof line of the building upon which they are mounted. May 26,1992 21 • • • • VII. HOAG HOSPITAL PARKING REGULATIONS A. czenttal 1. Off-street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the city Traffic Engineer and the Public Works Depart- ment. 3. Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimi7Ps impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements has been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Offstreet Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon building type and the area allotted to the following functions. Any area which is calculated as part of the total floor area limitation shall be included in the gross floor area to determine the parking requirement. May 26, 1992 22 • • 0 • Table 2 PARKING REQUIREMENTS Use Category Parking Requirements Outpatient Services 2.0 spaces/1,000 square feet* Support 1.0 spaces/1,000 square feet* Administrative 4.0 spaces/1,000 square feet* Residential Care 1.0 spaces/1,000 square feet* Medical Offices 4.0 spaces/1,000 square feet* Inpatient 1.25 spaces/1,000 square feet" Parking requirements are based on a study performed by DKS Associates in May, 1987. Parking requirement is based on current Hoag Hospital parking demand. May 241992 23 • • • VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General 1. Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the Planning and Parks, Beaches and Recreation Departments and approved by the Public Work Departments prior to issuance of a building permit and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roofs and the parking structures. Trees shall not be used, but a planter box or trellis system shall be designed to provide visual relief of parking structures. All landscaping shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than fifteen (15) gallon size. 3. Shrubs to be planted in containers shall not be less than one (1) gallon size. Ground covers will be planted from (1) gallon containers or from root cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed that damage to trees, irrigation units and shrubs is avoided. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing is not required and irregular groupings may add interest. Care should be exercised to allow plants to grow and maintain their ultimate size without restriction. 7. Heavy emphasis shall be placed on the use of drought -resistant native and naturalized vegetation and the use of an irrigation system designed to avoid surface runoff and over -watering. B. Maintenance 1. All planting areas are to be kept free of weeds and debris. 2. Lawn and ground covers are to be kept trimmed and/or mowed regularly. May 26,1992 24 • • AlIlk • 3. All plantings are to be kept in a healthy and growing condition. Fertiliza- tion, cultivation and tree pruning are to be carried out as part of regular maintenance. 4. Irrigation systems are to be kept in working condition. Adjustment and cleaning of system should be part of regular maintenance. 5. Stakes, guys and ties on trees should be checked regularly for correct function; ties to be adjusted to avoid creating abrasions or girdling to the stems. 6. Damage to plantings created by vandalism, .automobile or acts of nature shall be corrected within thirty (30) days. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A 15' building setback from right-of-way / property line is required along West Coast Highway. Only driveways, parking and signage are allowed in the setback area. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilived for parking or circulation shall be landscaped in a similar manner. Tree size to be no less than twenty-four (24) inch box. D. Villa Balboa Landscape Zone The area between the Villa Balboa/Hoag property line and the loading dock service access road shall be landscaped except for any driveway, walkway, or other hardscape elements in said area. The purpose of the landscaping will be to screen and buffer residential units from hospital activities. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area. Planting of trees may be in groups and need not necessarily be in regular spacing. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas. Alternative landscape programs shall be subject to the review of the Parks, Beaches and Recreation Department and the approval of the Planning and Public Works Departments. May 26, 1992 25 • 41. • A rooftop Iandscaping program may be developed for parking structures and shall be subject to the review of the Parks, Beaches and Recreation Department and the approval of the Planning and Public Works Departments. Rooftop landscaping shall conform to height restrictions. May 26.1992 26 411 N • 1X. SITE PLAN REVIEW. A. rpose The City Council finds that development on the West Coast Highway frontage of the lower campus of Hoag Hospital may have the potential to affect the aesthetics of the West Newport area as viewed from surrounding arterial roadways. The effect of this section is to establish a Site Plan Review requirement by the Planning Commission for certain individual projects which are proposed by the hospital to differ from the setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure that these projects conform with the objectives of the General Plan and the Master Plan for Hoag Hospital. B. Findings The City finds, determines and declares that the establishment of Site Plan Review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new structure or the addition to an existing structure which does not conform to the provisions of Section V.D.2. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: 1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking and off-street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. May 26,1992 27 • • • 2. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. 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 B, in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: 1. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P-C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; May 26,1992 28 4 • • 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consider- ation to functional aspects of site development. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equati7pd assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days following the Commission action thereon unless, within the twenty-one (21) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty-one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. May 26,1992 29 • • • • L Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty-one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. J. Action by the City Council An appeal shall be heard and acted on by the City Council, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Expiration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith. 3. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. L \Pianniag\PCIEX1\HOAGHOSP May 26,1992 30 • CITY OF NEWPORT BEACH . HEIGHT LIMITATION . ZONES -COMMERCIAL i¢Q I Iillll Nj! 26 / 35 FEET 32 / 50 FEET HIGHRISE 375 FT. NOTE: ALL R-1, R-1.5, R-2 ZONES 24/28 FEET ALL R-3, R-4,MFR' ZONES 2E/ 38 FEET ,NLY 11 , 1174 REVISION CRTCI i•27•91 11JliiinliiiiuuuFi�j}p . N ~ I Revision Date: May 26, 1992 • s' N POOR QUALITY ORIGINAL (S) • • EXHIBIT D 1'STQPP51C` PFtIP1 ATE Date Requested: Date of CartM ate: On , the City of Newport Beach approved the'Developrnent Agreement Between the Cfty of Newport Beach and Hoeg Memorial Hospital Presbyterian" (the "Development Agreement174 This Estoppel Certificate centres that, ens of the 'Date of Certificate' set forth above: CHECK WHERE APPLICABLE 1. The Development Agreement remains binding end effective; 2. The Development Agreement has not been amended; 3. The Development Agreement has been amended In the following respects: 4. Neither Hoag nor any of its eucceStiOn3 ere In default under the Development Agreement; S. The following defaults exist under the Development Agreement: Ttda Estoppel Certificate may be relied upon by any transferee Or mortgagee of any Interest In the property which is subject of the Development Agreement Nt77137a1 CITY OF NEWPORT BEACH BY: NAME TITLE: EXHIBIT D • • is • • ORDINANCE NO. 92-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE -ZONING THE PROPERTY COMMONLY KNOWN AS HOAG MEMORIAL HOSPITAL PRESBYTERIAN FROM THE A P-H AND THE U DISTRICTS TO THE P-C (PLANNED COMMUNITY) DISTRICT, AMENDING CHAPTER 20.02 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE THE HEIGHT LIMITATION ZONES MAP AND THE LEGAL DESCRIPTION OF THE 26/35 FOOT HEIGHT LIMITATION DISTRICTANDADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR HOAG HOSPITAL (PLANNING COMMISSION AMENDMENT NO. 744) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The subject property is the following real property in the City of Newport Beach, County of Orange, State of California: Parcel 1: That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. Parcel 2: That portion of Lot 172 in Block 1 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California. as shown in the attached Exhibit "A" and hereinafter referred to as "Property". Title 20 of the Newport Beach Municipal Code is hereby amended to rezone all of the above described Property from the A P-H and U Districts to the Planned Community (P-C) District, designate said Property as the Hoag Memorial Hospital Presbyterian Planned Community. SECTION 2. The Planning Director of the City of Newport Beach is hereby instructed and directed to change Districting Maps 22 and 22-A, referred to in Section 20.01.050 of the Newport Beach Municipal Code, and by such reference is made a part of Title 20, to reflect said change as described in Section 1 hereof, and shown in the attached Exhibit "B", and when said Districting Maps have been so amended, the same shall be in full force and 'effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 3. Development of the property, which is rezoned P-C pursuant to this Ordinance, shall be as specified in the Planned Community District Regulations and Development Plan which is also approved and adopted pursuant to this Ordinance, and which specifies the permitted land uses, intensity and density limits and development standards and regulations for the property as set forth in the attached Exhibit "C." SECTION 4. The Planning Director of the City of Newport Beach is also hereby instructed and directed to apply all of the provisions of said Planned Community District Regulations and Development Plan to the Property as described herein; the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 5. The legal description of the Shoreline Height T imitation Zone contained in Section 20.02.030 is amended to read: Beginning at the intersection of the westerly city boundary of Newport Beach and the centerline of West Coast Highway as established per Annexation No. 66 of the City of Newport Beach; thence northerly, easterly and southerly along the city boundary of Newport Beach to the northerly line of Annexation No. 25 of said city being the northerly line of West Coast Highway; thence easterly along said northerly line of West Coast Highway to the westerly line of Annexation No. 55; thence northerly along said westerly line to a line parallel with and 250' northerly (measured at right angles) from the centerline of West Coast Highway; thence easterly along said parallel line to a point 30 feet easterly of the centerline of Superior Avenue; thence southerly along a line parallel to the easterly line of Lot 172 of Block 1 in Irvine Subdivision to a point on the northerly line of West Coast Highway; thence easterly along said northerly right of way line of West Coast Highway to an intersection with the southwesterly prolongation of the centerline of Santa Ana Avenue; thence northeasterly along said prolongationand along the centerline of Santa Ana Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the centerline of Riverside Avenue; thence southwesterly along the centerline of Riverside Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street and along a line parallel with and 375' northerly (measured at right angle) from the centerline of West Coast Highway to an intersection with the northwesterly boundary line of Tract No. 1221; thence southwesterly, southerly and easterly along said boundary line and easterly along the northerly boundary line of Tract No. 1210 to the centerline of Dover Drive; thence northerly along the centerline of Dover Drive to the westerly prolongation of the northerly line of Lot 1, 2 41. • Tract No. 1125; thence easterly along said prolongation and along said northerly line to the northwesterly line of Upper Newport Bay as established per Superior Court Case No. 20436; thence northerly and easterly along said line of Upper Newport Bay to Sta. 65 per Superior Court Case No. 20436; thence easterly to a natural contour line having an elevation of 25.00 ft. above Mean Sea Level; thence easterly along said contour line to Jamboree Road;thence southerly along Jamboree Road to Eastbluff Drive; thence southwesterly along Fastbluff Drive to Backbay Drive as described in the deed recorded in Book 6901, page 207 of Official Records of Orange County; thence westerly along said Backbay Drive; thence westerly and southerly along Backbay Drive as described in the deed recorded in Book 1037, page 269 of Official Records of Orange County to the northwesterly prolongation of the northerly line of Tract No. 6230; thence easterly along the northerly line of said Tract to the most easterly corner of Lot 83 of said Tract; thence southwesterly along the southeasterly line of said Lot 83 to the centerline of Vista Del Playa; thence southerly along Vista Del Playa to the centerline of Vista Del Oro; thence in a southerly direction along the centerline of Vista Del Oro to the westerly boundary of Tract No. 5877; thence southerly and easterly along the boundary of said Tract 5877 and easterly along the southerly boundary of Tract No. 5425 to Jamboree Road; thence southerly along Jamboree Road to the northerly line of Tract No. 6947; thence westerly along said northerly line and its westerly prolongation to the last said Backbay Drive; thence southerly along Backbay Drive to the northerly line of Parcel 2 per map recorded in Book 17, page 3 of Parcel Maps; thence easterly along said northerly line of Parcel 2 to the northwesterly line of Jamboree Road; thence southwesterly along said northwesterly line of Jamboree Road to the centerline of Backbay Drive;' thence northwesterly along said centerline to a line parallel with and 100.00' northwesterly (measured at right angles) from the northwesterly line of Jamboree Road; thence southwesterly 700.00' along said parallel line; thence westerly in a direct line to a point on a line 150.00 feet south of Sta. 19 as established per Superior Court Case No. 20436, said line being parallel with the centerline of East Coast Highway; thence westerly along said parallel line to a natural contour line having an elevation of 25 feet above Mean Sea Level; thence westerly and southerly along said contour line having an elevation of 25.00 feet above Mean Sea Level to the centerline of East Coast Highway; thence continuing southerly and easterly along said contour line to the centerline of Jamboree Road; thence southerly and easterly along the centerline of Jamboree Road to the centerline of Bayside Drive; thence southeasterly along the centerline of Bayside Drive to the centerline of Bayside Place; thence southwesterly along the centerline of Bayside Place to a natural contour line having an elevation of 25.00 feet above Mean Sea Level; thence southerly and easterly along said contour line to the southerly boundary line of Tract No. 1116; thence southerly along said boundary line of Tract No. 1116 and along the southerly boundary line of Tract No. 3357 to the easterly city boundary of Newport Beach, as established per Annexation No. 68; thence southwesterly, westerly and northeasterly along the city boundary of Newport Beach to the Point of Beginning. SECTION 6. The Planning Director of the City of Newport Beach is hereby instructed and directed to change the Height Limitation Zones - Commercial Map contained in Chapter 20.02 of the Newport Beach Municipal Code, to reflect said change as described in Section 5 hereof, and shown in the attached Exhibit "D", and when said Map has been 3 • • • so amended, the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. The Ordinance shall be effective thirty 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 llth day of May , 1992, and was adopted on the 26th day of May . 1992, by the following vote, to wit: A1'LEST: Attachments: Exhibits "A", "B", "C" & "D" PLT:..\CC\AMD\A744.0RD AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCIL MEMBERS NONE YOR 4 • "Me IP" sr., cow m009 04 nuicr loser yY . R� 8$1 6 ti sus' rSHOWN IN ocs taous PCs MAI lootcaw teowE 7, • fSaaiYYd',yy91Kid7 ' A-rar-Z agv, ua wnl AMIINII H •1.• nor • t. n 1.1 n•a-Fl DISTRICTING MAP NEWPORT BEACH — CALIFORNIA AgWL Weft PAAIt 024UY tale ® REST'D MULTIPLE FAMILY IIESIDENTAL R—I SINGLE 'AMU RESIDENTIAL R-4 DUPLE R RESIDENTIAL UFA� MI TIP12 RAWLY RESIDENTIAL .Y.r COUOININD DISTRICTS LIONT EPANCRGAL GENERAL COMNERCIAL AIANUFAOTURIND UNOLA REIFIED T - S ll-gi4X3 • T { wtr. i•7-7/F SIT OAP Ro s DISTRICTING —MAP —CITY—OF'NEWPORT--BEACH 1 A.A 1 1 A•1 1 1 A•t 1 1 A•I 1 1 A•A 1 1 AMIICVLIVA AL•MMOOTIAI DISTRICT 1 o-M 1 M[IIM10MI1000 COIM*RCtAL come? ( M•1 MAMV/AOTVAIMI OttTIRCT MNtlt /WILT MIMIC?1 es,.1 LIMITCO DOMM[RC1AL • MVLTMLt I[110dhAL OISTMCT 1 M.I'A COMTROLLSO MAIIIIACTWUV DISTRICT PHItA Rt110t.t . DISTRICT 1 co LIIM [aMtRC1Al DISTRICT 1 M 1 0OMI1g11S CA M DISTRICT Ntth1<ttD iftAtIPL4 IKMD[MTIAL 1 C•1 1 WI[ML COM1tRaAL DISTA,L7 1 S 1 COMSINIM• OR •i•DIOtl11CT 14.H 1 MIWTtIAL a[WRICT IRTGIROIATI DISTRICTMAIMSDR'I• DISTRICT l aMLUh11[0 01110IC1 Stt NAP ITS CALIFORNIA REVISIONS '�,,11 LCATION[ ltlAON VIZ"' RAN 411h A•�il wnr Niles �N 1t1.R.1111 AwAsseges markstesce M.I OAT[ J•7•TJ Mw•n •• Or t •- AD01T[0 CT.... a0. NO. ol�ax sod 22-A Exhibit C e • s • HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS 1991 Recommended for Approval by the Planning Commission February 20, 1992 Adopted by the City Council City of Newport Beach Ordinance No. 92-3 May 26, 1992 • • TABLE OF CONTENTS Page Number L Introduction 1 IL General Notes 2 M. Definitions 4 IV. Development Plan 6 V. District Regulations 11 VI. Sign Program 20 VII. Parking Program 22 VIII. Landscape Regulations 24 IX. Site Plan Review 27 May 26,1992 i EXHIBITS Page Number 1. Planned Community Development Plan 7 2. Internal Circulation 9 3. Development Criteria 15 TABLES 1. Statistical Analysis 10 2. Parking Requirements 23 A May 26,1992 n • I. INTRODUCTION Background The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for hospital -related uses. The specifications of this District are intended to provide land use and development standards supportive of the proposed use while ensuring compliance with the intent of all applicable regulatory codes. The Planned Community District includes district regulations and a development plan for both the upper and lower campuses of Hoag Hospital. In general, over the long term, the upper campus will become oriented primarily towards emergency, acute and critical care (predominantly inpatient) uses and the lower campus will be developed with predominantly outpatient uses, residential care and support services. Whenever the regulations contained in the Planned Community text conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and other governing building codes. • May 26,1992 • • • • • II. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies of the City of Newport Beach. 3. All development of the site is subject to the provisions of the City Council Policies K-5 and K 6 regarding archaeological and paleontological resources. 4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the Uniform Building Code, other various codes related thereto and local amendments. 5. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 6. Any fire equipment and access shall be approved by the Newport Beach Fire Department. 7. New mechanical appurtenances on building rooftops and utility vaults, excluding communications devices, on the upper campus shall be screened from view in a manner compatible with building materials. Rooftop mechanical appurtenances or utility vaults shall be screened on the lower campus. Noise shall not exceed 55 dBA at all property lines. No new mechanical appurtenances may exceed the building height limitations as defined in these district regulations. .gray 26,1992 2 • • • 8. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 9. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. Prior to issuance of any building permits it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 10. Mass grading and grading by development phases shall be allowed provided that Landscaping of exposed slopes shall be installed within 30 days of the completion of grading. May 26,1992 3 • • • III. DEFINITIONS Building Elevation: 1. a vertical distance of a building above or below a fixed reference level, i.e., MSL (mean sea level). 2: a flat scale drawing of the front, rear, or side of a building. Building Envelope: the volume in which a building may be built as circumscribed by setback lines and maximum allowable building heights. Building Height: the vertical distance measured from the finished grade to the highest point of the structure. At all points, the height measurement shall run with the slope of the land. Emergency Room: a service and facility designated to provide acute emergency medical services for possible life threatening situations. Fast Aid: low acuity medical treatment for non -life threatening situations. General Plan: the General Plan of the City of Newport Beach and all elements thereof. Grade: for the purpose of determining building height: 1. Finished - the ground level elevation which exists after any grading or other site preparation related to, or to be incorporated into, a proposed new development or alteration of existing developments. (Grades may be worked into buildings to allow for subterranean parking.) 2. Natural - the elevation of the ground surface in its natural state before man-made alterations. 3. Existing - the current elevation of ground surface. Inpatient Uses: hospital patient services which require overnight stay. Landscape Area: the landscape area shall include on -site walks, p1a7.as, water, rooftop May 26,1992 4 • • • • landscaping and all other areas not devoted to building footprints or vehicular parking and drive surfaces. Mean Sea Level: a reference or datum mark measuring land elevation using the average level of the ocean between high and low tides. Outpatient Uses: hospital patient services which do not require overnight stay. Residential Care: medically -oriented residential units that do not require the acuity level generally associated with inpatient services but require overnight stays. Site Area: for the purpose of determining development area: 1. Gross - parcel area prior to dedications. 2. Net - parcel area after dedications. Special Landscaped Street: West Coast Highway is designated as a special landscaped street, containing special landscape requirements. Streets: reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. May 26,1992 5 • • • • IV. DEVELOPMENT PLAN Project Characteristics - The upper campus of Hoag Hospital is' located on a triangular site of approximately 17.57 acres and is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential developments (the Versailles and Villa Balboa/Seafaire condominiums) to the west. The lower campus is located north of West Coast Highway, south of the Versailles and Villa Balboa/Seafaire Condominiums, west of Newport Boulevard and east of Superior Avenue. It contains approximately 20.41 acres and adjoins the upper campus at its eastern boundary. The upper campus is, and will continue to be, oriented towards inpatient functions, while the lower campus will be developed with predominantly outpatient, residential care and support services. Development Plan The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1. From 1990 to 2015, many of the existing buildings shown on the Development Plan for the upper campus may be redeveloped in order to functionally respond to the needs of the Hospital and conform to the requirements of State agencies. The Development Plan includes a 0.8 acre view park adjacent to the bike trail between the lower campus and the Villa Balboa/Seafaire Condominiums. This view park includes a twenty -foot wide linear park area adjacent to the bike path (approximately 0.5 acres) and a consolidated view park at the westerly edge of the property (approxi- mately 0.3 acres). A bike trail connection is also provided between the existing bike trails at the northern and southern boundaries of the lower campus. Access to the lower campus will be from West Coast Highway and Superior Avenue, as well as from Hospital Road, via the upper campus. Exhibit 2 shows the internal circulation for Hoag Hospital. The Development Plan does not specify building locations or specific hospital related uses. Instead, a developable area is identified based on the regulations established for this Planned Community District. Because of the dynamic nature of the health care industry which leads to rapid technological changes that effect how health care services are delivered, the Development Plan for Hoag Hospital sets development caps as a function of allowable densities established by the Newport Beach General Plan. May 26, 1992 6 • LEGEND AREA OF DEVELOPMENT . • :::-- 7 .. ' • rupE-ivo: :. .. / . . ',.. • •,, - .. -. ._. \ c---___ - ------- -- —...._____ .--- WEST - ---- •-..=,= - COAST PLANNED COMMUNITY DEVELOPMENT PLAN • HOAG MEMORIAL HOSPITAL PRESBYTERIAN --.1 . • May 26, 1992 • EXHIBIT 1 .„.„ARE VA FA • • • • The statistical analysis (Table 1) provides a summary of a potential development profile for Hoag Hospital. In order to provide flexibility for the hospital to respond to changes in the health care industry, while at the same time ensuring that trip generation restrictions are adhered to and the overall development cap is not exceeded, this Development Plan allows Hoag Hospital to adjust the development profile provided in the statistical analysis. For example, if changing hospital needs necessitate the development of additional outpatient uses, this development would be allowed, consistent with the Development Plan, as long as a corresponding adjustment in square footage and trip generation for another use were to occur. This Development Plan allows Hoag Hospital to adjust the development profile provided in the statistical analysis (Table 1) as long as the development limit (i.e., square feet) or the trip generation limit for the peak period (as identified in the Environmental Impact Report) established within each phase of development is not exceeded. Adjustments to the Development Plan may be allowed if the total square footage or trip generation allowed in the current phase of development is exceeded, if the total development or trip generation allowed under the Development Plan is not exceeded. May 26,1992 8 • 1 LEGEND �5�37 PRIMARY ACCESS (SIGNALIZED) SECONDARY ACCESS SERVICE ACCESS PUBLIC CIRCULATION STAFF / SERVICE CIRCULATION May 26, 1992 • VEHICULAR ACCESS HOAG MEMORIAL HOSPITAL PRESBYTERIAN • • EXHIBIT 2 • • s • Table 1 STATISTICAL ANALYSIS' Use Square Feet Lower Campus Existing: Outpatient Services (Hoag Cancer Center) Child Care 65,000 7,800 Subtotal: 72,800 Phase I: Outpatient Services 115,000 Support Service • 55,000 Administrative 30,000 Subtotal: 200,000 Phases II & III: Subtotal: 305,089 Total Lower Campus 577,889 Upper Campus Existing': 480,000 Phase I: Outpatient Services 25,000 Inpatient 115,000 Subtotal: 140,000 Phases II & III: 145,349 Total Upper Campus 765,349 GRAND TOTAL 1,343,2383 ' Full development of the upper and lower campuses is anticipated to occur over an approximate 20-year period and will likely occur in three, seven-year phases. 2 Up to 50% of the existing upper campus may be redeveloped by master plan buildout. • 3 Based on development allowed under the General Plan at a floor area ratio to gross site area of .65 for the lower campus and 1.0 for the upper campus. Building Bulk limit for the lower campus is 0.90 for all structures which includes above grade covered parking May 26,1992 10 • • • V. DISTRICT REGULATIONS The following regulations apply to all development within the Hoag Hospital Planned Community. The individual uses listed under the five permitted use categories is not an exhaustive list. Other hospital -related uses which fit into the five permitted use categories are allowed by definition. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Planning, Building and Public Works Departments shall be submitted for the review and approval of the Planning, Building, and Public Works Departments. A. Permitted Uses 1. Lower Campus a) Hospital facilities, including, but not limited to: i. Outpatient services: • Antepartum Testing • Cancer Center • Skilled Nursing • Rehabilitation • Conditioning • Surgery Center • Clinical Center • Day Hospital • Back and Neck Center • Biofeedback • Breast Imaging Center • CT Scan • Dialysis • EEG/EMG/NICE Laboratory • First Aid Center • Fertility Services • G.I. Laboratory • Laboratory • Magnetic Resonance Imaging • Nuclear Medicine • Occupational Therapy • Pediatrics • Pharmacy • Physical Therapy • Pulmonary Services May 26,1992 11 • is lk • • Radiation Therapy • Radiology • Respiratory Therapy • Sleep Disorder Center • Speech Therapy • Ultrasound ii. Administration: • Admitting • Auxiliary Office • Business Offices • Information • Registration • Patient Relations • Social Services Support Services: • Employee Child Care • Health Education • Power/Mechanical/Auxiliary Support and Storage • Food Services • Cashier • Chapel/Chaplaincy Service • Conference Center • Dietitian • Gift Shop • Laboratory • Medical Library • Medical Records • Pharmacy • Engineering/Maintenance • Shipping/Receiving • Microwave, Satellite, and Other Communication Facilities iv. Residential Care: • Substance Abuse • Mental Health Services • Extended Care • Hospice Care • Self or Minimal Care • Congregate Care May 26,1992 12 v. Medical/Support Offices b) Methane gas flare burner, collection wells and associated system components. c) Accessory uses normally incidental to hospital development. d) Temporary structures and uses, including modular buildings. 2. Upper Campus a) Hospital facilities, including, but not limited to: i) Inpatient uses: • Critical Care • Emergency Care Unit • Birth Suites • Cardiology • Cardiac Care Unit • Intensive Care Unit • Mother/Baby Unit • Surgery/Waiting Rooms • Radiology • Laboratory • Pharmacy ii) Outpatient services as allowed on the lower campus iii) Administrative uses as allowed on the lower campus iv) Support services as allowed on the lower campus v) Residential care as allowed on the lower campus vi) Heliport (subject to Conditional Use Permit) b) Accessory uses normally incidental to hospital development. c) Temporary structures and uses, including modular buildings. May 26,1992 13 • IP B. Prohibited Uses 1. Lower Campus a) Emergency Room b) Heliport C. Maximum Building Height The maximum building height of all buildings shall be in accordance with Exhibit 3 which established the following height zones: 1. Upper Campus Tower Zone - maximum building height not to exceed the existing tower (235 feet above mean sea level). 2. Upper Campus Midrise Zone - maximum building height not to exceed 140 feet above mean sea level. 3. Upper Campus Parking zone - maximum building height not to exceed 80 feet above mean sea level, exclusive of elevator tower. 4. Lower Campus Zone, Sub -Areas A, B, C, F and G - within each sub -area no building shall exceed the height of the existing slope and conform to the range of maximum building heights indicated on the development criteria Exhibit 3. 5. Lower Campus Zone, Sub -Areas D and E - maximum building height shall not exceed the height of the existing Hoag Cancer Center (57.5 feet above mean sea level). D. Setbacks Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3. 1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa / Seafaire Condominiums, as defined below: a) Upper campus western boundary setback shall be the prolongation of the westerly edge of the existing cafeteria/laboratory building to the points of intersection with the easterly curb line of the existing service drive, then continuing along said line of the existing service drive. b) Lower campus northern boundary, all of which will have a 20' minimum building setback. May 26,1992 14 C }EGEND Imola ¢i1PS A 45 (65) TOWED DONE-vrMOVE M AN SEA {EVE. wens LDN6-IWOIKI11EEN Nmart1 AD• ABOVE MEAN SEA LEVEL. fA1gNg10mIQNIZICKT DIADCAfE. LEAN SEA - LEVEL. OOTLUSIV ONe OF ELEVATION TOWEFL LAMER SUO 41EASAQCFAND O• NO gXIDIN3 WU. CAPAPUB NE-EYLEED TIENEIDNT OVINE D3S1140 SLOPE OP THE NAME CC A AMM DIMND HEIGHTS WDCATED. SUB.AREASOAHU E• LW]1iD1°GLOMHEKWT 573 FE:UADOVE MEAN DEA LEVEL. EULDO16 NOON: Sub MEM' TTF.CL RANGE M MALMO mow[ MUNK /NDPDpy OSADE TYPICAL nMOE OF MAMMY 6WDM6MOCHTD, 1IEAMSEIL LEVEL DASU r]1 AVEIIME SLOPE ELL\ATCN OflEA LESNDN ELEAtY1T6 ACCEss a 6AACRE VIEWFAM OONEOUDATED WA ACASS D2XS LE) la%OPNC ITAOEAMO1K1 L1WM VE.WPAN( INIIIM SONGS AAMU q SMNLPIgYOEOPEN WEN COMIDORI BETWEEN SUEDHf t ST WOE I EA TMKBLI1I: g.72 ACNE GINO if.) aP INOLII UrDM Stigma[ MANIKIN UtAKISCDIACK fWS Aif MAYONAE#NOW DEVELOPMENT CRITERIA HC�AG�IAEMORIAL.HQSPITAL PRESBYTERIAi._.._......_._.. _ N6NALDeD stir icE Access SaNmtaED nYYOY EMMY AGNIMI M BUILDING SETBACK .«er.-dFUP,it��i�Jls{V"l•�::. II.�•.) I WALUVIU 0E1gAa NrINUM WLDIKt SETMA.= Kin AKEA'AMTIONATTVAND TX r r r f fj41il rtrNN 1 BIZ BCD Nl\L IBrtt0■tRtttAtA■.ft7t17' tr NLMKet ' moral Y4itSOND MOM RUNN LI'ZIiASlt P MI IA f 70fAtu11■t.Ut.tttttt■ nil L'eL'irlltt11 i•T.ibi r. ^;n1ll�ti u: °_. NO • "tuuuutturrrtamim v1 eDrtt=�rt4 VGAgaeG �i •Air L%/ tutatr et7 MET76,1992 EUU91T3 /5 2. The setback on West Coast Highway easterly of the hospital entry signal shall be 15 feet. In addition, vertical articulation shall be required for buildings easterly of the signal within 150 feet of the West Coast Highway frontage, as follows: 1st Floor. Up to 18 feet in height no additional articulation is required. If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 20 feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 25 feet. The setback on West Coast Highway westerly of the hospital entry signal shall be 45 feet. In addition, vertical articulation shall be required for buildings westerly of the signal for buildings within 150 feet of the West Coast Highway frontage, as follows: 1st Floor: Up to 18 feet in height no additional articulation is required. If the 1st floor exceeds 18 feet in height, it shall be subject to the articulation requirements of the 2nd Floor. 2nd Floor (up to 32' in height): A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 2nd floor setback of 55 feet. 3rd Floor and above: A minimum of 20% of the building frontage shall be articulated in such a manner as to result in an average 3rd floor and above setback of 65 feet. In order to avoid any future structures in this area (within 150 feet of West Coast Highway) from presenting an unacceptable linear mass, no single structure shall be greater than 250 linear feet in width. Additional- ly, 20% of the linear frontage within 150 feet of West Coast Highway shall be open and unoccupied by buildings. May 26,1992 • 16 • • lk • 10% of the linear length of height zones A and B as viewed from the existing bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion of the view park, shall be maintained as view corridors between buildings. These requirements may be altered for individual buildings, if requested by the hospital, through the site plan review process defined in Section IX. 3. There will be no building setbacks along the boundary with CalTrans east property at Superior Avenue and West Coast Highway. 4. A 20 foot setback from property line shall be provided along Newport Boulevard from Hospital Road to a point 600 feet south; a 25 foot setback from property line shall be provided along the remainder of Newport Boulevard and along the Newport Boulevard/West Coast Highway Interchange. 5. A ten (10) foot building setback from the property line shall be provided along Hospital Road. E. Lighting The lighting systems shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer. F. Roof Treatment Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof of any structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor rooftop equipment necessary for operating purposes will comply with all building height criteria, and shall be concealed and screened to blend into the building roof using materials compatible with roofing materials. G. Signs All signs shall be as specified under the Hoag Hospital Sign Program, Part VI. H. Parking All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations. May 26, 1992 17 I. Landscape All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VEIL J. Mechanical and Trash Enclosures Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Department which illustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. K. Internal Circulation 1. Prior to the issuance of a grading permit for any of the proposed Master Plan facilities, the project sponsor shall implement a pilot program that controls usage of the Upper and Lower Campus service roads during non- working hours. Such controls may include requesting that the majority of vendors deliver products (other than emergency products) during working hours (i.e. 7:00 a.m. to 8:00 p.m.), signage to restrict use of the road by Hospital employees, physicians, patients and visitors during non -working hours, and other methods to restrict use. The Hospital will also request that vendors not deliver (i.e. scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The results of this program will be submitted to the City prior to the issuance of the grading permit. If such results indicate that such controls do not significantly impact the operations of the Hospital, and provided that requests for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require that the program be implemented as hospital policy. If operation impacts are significant, other mitigation measures will be investigated at that time to reduce service road impacts to the adjacent residential units. 2. The lower campus service road shall include provisions for controlled access to limit usage to physicians and staff, and service vehicles. May 26,1992 18 • • • • L. Loading Dock Within one year from the date of final approval of the Planned Community District Regulations and Development Plan by the California Coastal Commission, as an interim measure, the project sponsor shall implement an acoustical and/or landscape screen to provide a visual screen from and reduce noise to adjoining residences from the loading dock area. The design process for the Critical Care Surgery Addition shall include an architectural and acoustical study to insure the inclusion of optimal acoustical screening of the loading dock area by that addition. Subsequent to the construction of the Critical Care Surgery Addition, an additional acoustical study shall be conducted to assess the sound attenuation achieved by that addition. If no significant sound attenuation is achieved, the hospital shall submit an architectural and acoustical study assessing the feasibility and sound attenuation implica- tions of enclosing the loading dock area. If enclosure is determined to be physically feasible and effective in reducing noise impacts along the service access road, enclosure shall be required. Any enclosure required pursuant to this requirement may encroach into any required setback upon the review and approval of a Modification as set forth in Chapter 20.81 of the Newport Beach Municipal Code. May 26,1992 19 • • • VI. HOAG HOSPITAL SIGN PROGRAM A. Purpose and Intent 1. The purpose of this Sign Program is to provide adequate, consistent and aesthetically pleasing on -building wall and ground -mounted signage based upon the provisions set forth by the City of Newport Beach Sign Ordi- nance and the information signage requirements of Hoag Hospital. 2. The intent of this Sign Program is to produce uniform standards for Hoag Hospital. B. General Sign Standards 1. All signs visible at the exterior of any building or facility of the Hospital, ground mounted or on -building, may be illuminated or non -illuminated, depending upon need. Illumination method may be by external or internal source. No sign shall be constructed or installed to rotate, gyrate, blink or move, nor create the illusion of motion, in any fashion. 2. All signs attached to building or facility exteriors shall be flush or surface mounted as is appropriate to the architectural design features of said building or facility. 3. All signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regard to appearance, structural integrity and electrical service. 4. All street signs shall be subject to review and approval of the City Traffic Engineer, and shall be in compliance with Ordinance 110-L C. Number of Signs Allowed 1. One (1) double-faced primary identification ground -mounted sign or two single faced gateway entry signs shall be allowed per street frontage. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Total maximum signage area shall not exceed two hundred (200) square feet and shall not exceed ten (10) feet in height per sign and street frontage. This sign may occur as a wall sign, to be located upon a project boundary perimeter wall, subject May 26,1992 20 to the same number and area maximums described above. This sign may also occur as part of an entry gateway system. 2. Secondary identification signs shall be allowed. This sign type shall not exceed a maximum height of 48" average height above finished grade. In the case of a sign occurring upon a slope, the average height shall be established by measuring the sign height at the mid -point of the sign length perpendicular to the slope direction. Maximum sign area shall not exceed thirty-five (35) square feet. This sign may occur as a wall sign to be located upon a project boundary perimeter wall, subject to the same number and area maximums described above. 3. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced or double-faced sign. This sign type shall occur with the sign suspended between two upright supports having the same depth (thickness) as the sign cabinet described above. 4. Hospital identification signs shall be allowed upon hospital tower parapets, one (1) at each elevation. The elevation facing west (Villa Balboa property line) may not be illuminated. 5. On the lower campus, one (1) building -mounted identification sign will be allowed per structure and shall not be placed so as to directly face the Villa Balboa/Seafaire property. Such signs will be no higher than the roof line of the building upon which they are mounted. May 26, 1992 • 21 • i • • VII. HOAG HOSPITAL PARKING REGULATIONS A. General 1. Off-street parking for Hoag Hospital shall be provided on -site. Parking may be on surface lots, subterranean or in parking structures. 2. The design and layout of all parking areas shall be subject to the review and approval of the city Traffic Engineer and the Public Works Depart- ment. 3. Parldng lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded down from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that the requirements has been met. The lighting plan shall be subject to review and approval of the City Planning Department. B. Requirements for Offstreet Parking Parking requirements for specific sites shall be based upon the parking criteria established in Table 2. All parking shall be determined based upon building type and the area allotted to the following functions. Any area which is calculated as part of the total floor area limitation shall be included in the gross floor area to determine the parking requirement. May 26.1992 22 • Table 2 PARKING REQUIREMENTS Use Category Parking Requirements Outpatient Services 2.0 spaces/1,000 square feet* Support 1.0 spaces/1,000 square feet* Administrative 4.0 spaces/1,000 square feet* Residential Care 1.0 spaces/1,000 square feet* Medical Offices 4.0 spaces/1,000 square feet* Inpatient 1.25 spaces/1,000 square feet** * Parking requirements are based on a study performed by DKS Associates in May, 1987. ** Parking requirement is based on current Hoag Hospital parking demand. May 26,1992 23 • • • AIL • VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS A. General 1. Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be reviewed by the Planning and Parks, Beaches and Recreation Departments and approved by the Public Work Departments prior to issuance of a building permit and installed prior to issuance of Certificate of Use and Occupancy. The Landscape Plan may include a concept for the roofs and the parking structures. Trees shall not be used, but a planter box or trellis system shall be designed to provide visual relief of parking structures. All landscaping shall conform to the building height limits established in this text. 2. Parking lot trees shall be no less than fifteen (15) gallon size. 3. Shrubs to be planted in containers shall not be less than one (1) gallon size. Ground covers will be planted from (1) gallon containers or from root cuttings. 4. Every effort should be made to avoid using plants with invasive and shallow root systems. 5. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. Wheel stops shall be so placed that damage to trees, irrigation units and shrubs is avoided. 6. Trees in parking lots should be limited in variety. Selection should be repeated to give continuity. Regular spacing is not required and irregular groupings may add interest. Care should be exercised to allow plants to grow and maintain their ultimate size without restriction. 7. Heavy emphasis shall be placed on the use of drought -resistant native and naturalized vegetation and the use of an irrigation system designed to avoid surface runoff and over -watering. B. Maintenance 1. All planting areas are to be kept free of weeds and debris. 2. Lawn and ground covers are to be kept trimmed and/or mowed regularly. May 26,1992 ' 24 • • • • 3. All plantings are to be kept in a healthy and growing condition. Fertiliza- tion, cultivation and tree pruning are to be carried out as part of regular maintenance. 4. Irrigation systems are to be kept in working condition. Adjustment and cleaning of system should be part of regular maintenance. 5. Stakes, guys and ties on trees should be checked regularly for correct function; ties to be adjusted to avoid creating abrasions or girdling to the stems. 6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. C. Special Landscaped Street West Coast Highway is designated in the Hoag Hospital Planned Community as a special landscaped street. A 15' building setback from right-of-way / property line is required along West Coast Highway. Only driveways, parking and signage are allowed in the setback area. Parking areas shall be screened from view of West Coast Highway with landscaped berms. Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner. Tree size to be no less than twenty-four (24) inch box. D. Villa Balboa Landscape Zone The area between the Villa Balboa/Hoag property line and the loading dock service access road shall be landscaped except for any driveway, walkway, or other hardscape elements in said area. The purpose of the landscaping will be to screen and buffer residential units from hospital activities. E. Parking Areas A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas around building shall not be included in parking area. Planting of trees may be in groups and need not necessarily be in regular spacing. Alternative landscape programs may be developed, including perimeter parking area landscaping, berming and depressing of parking areas. Alternative landscape programs shall be subject to the review of the Parks, Beaches and Recreation Department and the approval of the Planning and Public Works Departments. May 26,1992 25 • r • A rooftop landscaping program may be developed for parking structures and shall be subject to the review of the Parks, Beaches and Recreation Department and the approval of the Planning and Public Works Departments. Rooftop landscaping shall conform to height restrictions. May 26,1992 26 IX. SITE PLAN REVIEW. A. Purpose The City Council finds that development on the West Coast Highway frontage of the lower campus of Hoag Hospital may have the potential to affect the aesthetics of the West Newport area as viewed from surrounding arterial roadways. The effect of this section is to establish a Site Plan Review requirement by the Planning Commission for certain individual projects which are proposed by the hospital to differ from the setback, horizontal and vertical articulation requirements as set forth in Section V.D.2. to insure that these projects conform with the objectives of the General Plan and the Master Plan for Hoag Hospital. B. Findings The City finds, determines and declares that the establishment of Site Plan Review procedures contained in this section promotes the health, safety, and general welfare of the community by ensuring that the development of Hoag Hospital proceeds in a manner which will not result in inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways, inappropriate placement of structures and impairment of the benefits of occupancy and use of existing properties in the area. C. Application Site Plan Review approval shall be obtained prior to the issuance of a grading or building permit for any new structure or the addition to an existing structure which does not conform to the provisions of Section V.D.2. D. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: 1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking and off-street loading areas, landscaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility and drainage are to be provided. May 26,1992 27 • • Ilk • 2. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 3. Grading plans when necessary to ensure development properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. E. 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 B, in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: 1. The development is in compliance with all other provisions of the Planned Community Development Criteria and District Regulations (P-C Text); 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on West Coast Highway; May 26,1992 28 • • • • 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consider- ation to functional aspects of site development. G. Public Hearing - Required Notice A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two conspicuous places on or close to the property at least ten (10) days prior to the hearing. H. Action by the Planning Commission If all applicable standards established by this Section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days following the Commission action thereon unless, within the twenty-one (21) day appeal period an appeal in writing has been filed by the applicant, or any other person, the Commission has requested a review of its decision, or unless the City Council, not more than twenty-one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. May 26,1992 29 I. Appeal to the City Council Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant or any other person, at any time within twenty-one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by fling a letter of appeal in duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the appeal is based and shall be accompanied by a fee as established by Resolution of the City Council. J. Action by the City Council An appeal shall be heard and acted on by the City Council, and the City Council may affirm, reverse or modify the decision of the Commission. The decision of the City Council is final. K. Expiration and Revocation of Site Plan Review Approvals 1. Expiration. Any Site Plan Review granted in accordance with the terms of this Title shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any Site Plan Review granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such Site Plan Review are violated or if any law or ordinance is violated in connection therewith. 3. Hearing. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. £ \._\Planning\PCfEX'11HOAGHOSP May 26,1992 30 i CITY OF NEWPORT BEACH . HEIGHT LIMITATION . ZONES -COMMERCIAL Prjrano anomie' L!Imie' 26 / 35 FEET 32 / 50 FEET HIGHRISE 375 FT. NOTE: ALL. R-1, R-1.E, R-2 ZONES 24/28 FEET ALL R-3, R-4,MFRZONES 28/ 32 FEET 1-� JUI.Y 23,I114 REVISION DATE, 2.27•f2 ' 1II •�,lw,3 lllll'iiuT;�igi,r Revision Date: May 26, 1992 P, 1 u1 • . • cvri''.�dl •t`r.-..(t I Tilt ill1 {' If •• j.�v+- ;+ ,fib 1 la R. ,• �'C.I lP.1117,a 44, C O C E A •' QQQ �ifi' r `• sty► ' .� aaaJ-� ` 0,3 mil �UO(7otJr'j' • • • • RESOLUTION NO. 92-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 142 FOR THE HOAG HOSPITAL MASTER PLAN PROJECT WHEREAS, the Draft Environmental Impact Report No. 142 provided environmental' impact assessment for the proposed Hoag Hospital Master Plan Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K 3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS, written comments were received from the public during and after the review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088 (b); and WHEREAS, as a result of the additional information provided in the Response to Comments, a supplemental EIR was prepared and circulated for public comment; and WHEREAS, the SEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K-3; and WHEREAS, written comments were received from the public during and after the review period; and • • • • 1• WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15088 (b); and WHEREAS, the City Council of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Hoag Hospital Master Plan Project completely and adequately and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City Council has reviewed and considered the information contained in the certified final EIR in making its decision on the proposed Hoag Hospital Master Plan Project; and WHEREAS, the City Council desires to approve the project; and WHEREAS, the City Council by this Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required by Sections 15091 and 15093 of the State CEQA Guidelines; and WHEREAS, Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project for which an EIR has been completed, identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1- Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2 - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and 2 • • • • • WHEREAS, Section 15092 provides that the City shall not decide to approve or carry outa project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093; and WHEREAS, Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15903 (b) of the State CEQA Guidelines requires, where the decision of the City Council allows, the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR, together with the Finding that each fact in support of the Finding is true and based upon substantial evidence in the record, including the Final EIR. The Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by this reference as if fully set forth. 2. The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 3. The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 3 .' • • 5. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the imposition of Conditions on the approved project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final EIR and enforced by the mitigation monitoring program. 6. The City Council finds that potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. 7. The City Council finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. The City Council finds that the remaining unavoidable significant impact is clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. The City Council finds that the project should be approved as modified by the design alternative described in the Statement of Facts and Findings, and that any alternative to this action should not be approved for the project based on the information contained in the Final EIR, the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Consider- ations. 10. The City Council finds that a good faith effort has been made to seek 4 • • • • • out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 11. The City Council finds that during the public hearing process on the Hoag Hospital Master Plan Project, the Environmental Impact Report evaluated a range of alternatives. The City Council has considered the recommendation of the Planning Commission in its decision on the project. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify the Final Environmental Impact Report No. 142 for the Hoag Hospital Master Plan Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Environmental Impact Report is comprised of the following elements: 1. Draft EIR and Technical Appendices 2. Responses to Comments 3. Supplemental EIR and Technical Appendices 4. SEIR Responses to Comments 5. Planning Commission Staff Reports 6. Planning Commission Minutes 7. Planning Commission Resolutions, Findings and Conditions for Recommended Approval 8. City Council Staff Reports 9. City Council Minutes 10. City Council Ordinances, Resolution and Findings and Conditions for Approval 11. Comments and Responses received prior to final action and not contained in 1 through 10 above. All of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659-1768, (714) 644-3225. ADOPTED THIS llth day of May , 1992. ATTEST: CITY CLERK 4-r2) Attachments: Exhibits 1 & 2 PLT:-\ED\EIR\EIR142.R51 '72 • • • • EXHIBIT 1 STATEMENT OF FINDINGS AND FACTS FINAL ENVIRONMENTAL IMPACT REPORT 142 HOAG HOSPITAL MASTER PLAN I. BACKGROUND The California Environmental Quality Act (CEQA) and the CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmen- tal effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdic- tion of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach has determined that the proposed project should be approved. A description of the project to be approved is provided below. Because the proposed actions constitute a project under CEQA, and the Initial Study determined that the project could have significant effects on the environment, the City of Newport Beach has prepared an Environmental Impact Report (E1R). This EIR indicates that there will be significant impacts as a direct result of the project in the area of land use and construction related air quality and noise, and that significant effects to air quality and noise will occur on a cumulative basis as a result of the project in conjunction with other past, present and reasonably foreseeable future projects. The Findings and Facts set forth below explain the City's reasons for determining that the project should be approved as proposed. II. PROJECT DESCRIPTION A. PROJECT OBJECTIVES 1. Meet the anticipated health care needs of Hoag's growing (Le., population) as well as expanding (i.e., geographically) service area. 2. Provide the necessary flexibility in physical campus development to accommodate unanticipated medical service needs (i.e., new medical technologies that require unique or specialized building layout and structure). 3. Keep pace with new trends in the delivery of health care (i.e., increase in outpatient procedures/services, preventative health maintenance services, and educational and community services). Al • • • • • 4. Central'7e and separate inpatient and outpatient services, as well as provide an overall organized approach to physical campus growth that is conducive to the types of medical services offered and user friendly for the patient in need of the medical service. 5. Establish Hoag Hospital as a regional hospital providing state-of-the- art medical technologies, which in turn will eliminate the need for area residents to travel long distances for the most advanced medical services. 6. Enable Hoag Hospital to remain economically viable in a rapidly changing and increasingly competitive health care industry. 7. Respond to economic changes in health care delivery by providing quality medical services via the least expensive means possible. B. DISCRETIONARY APPLICATIONS TO BE APPROVED AS PART OF THE PROJECT 1. Amendment No. 744 Request to establish Planned Community District Regulations and adopt a Planned Community Development Plan for Hoag Hospital. 2. Development Agreement No. 5 Request to approve a Development Agreement for the Hoag Hospital Master Plan. 2. Traffic Study No. 81 Request to approve a traffic study so as to permit the construction of Phase I of the development authorized in the Hoag Hospital Planned Community. 3. Variance No. 1180 Request to exceed the Base FAR of 0.5 up to the maximum FAR of 0.65 consistent with the provisions of the General Plan Land Use Element and Chapter 20.07.040 of the Newport Beach Municipal Code. III. FINDINGS AND FACTS IN SUPPORT OF FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS OF THE PROJECT A. EFFECTS DETERMINED TO BE INSIGNIFICANT Earth Resources Water The potential for liquefaction, settlement, subsidence, ground rupture, seismically induced slope failure and slope instability is considered low due to the fact that the site is underlain by dense to vary dense soils. Requirements of the project will not substantially reduce public water supplies or expose the public to water related hazards. A-2 • • • • Natural Resources There are no mineral resources on -site, i.e., sand, gravel, etc., therefore, project development will not impact mineral resources. Energy The proposed project will not use substantial amounts of fuel or energy, or require the development of new sources of energy. The methane gas currently being pumped from wells, west and southwest of the project site, has an energy producing potential. Utilization of this energy source by the Hospital complex could reduce the volume of gas or electricity currently being purchased for use by the Hospital. Hoag Hospital intends to contain this gas as a part of Lower Campus development; however, the exact method of containment and future use of the gas is not known at this time. Public Amenities * The project will result in the dedication and grading of a 0.8 acre linear and consolidated view park which results in a beneficial impact. * The project contribution to improvements on West Coast Highway results in a beneficial infrastructure impact. * Subsequent to the approval of this Agreement by the Coastal Commis- sion and the expiration of any statute of limitation for filing a legal challenge to this Agreement, the Master Plan, or the EIR, Hoag shall deposit Two Hundred and Fifty Thousand Dollars ($250,000) in an account, and at a financial institution, acceptable to City. The account shall be in the name of the City provided, however, Hoag shall have the right to access the funds in the event, but only to the extent that, Hoag constructs or installs the improvements described in (i) or (ii). Funds in the account shall be applied to the following projects (in order of priority upon notice to proceed served by City on Hoag): (i) The construction of a sidewalk and installation of landscaping in the CalTrans right-of-way along the west side of Newport Boulevard southerly of Hospital Road; (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. B. EFFLCIS DETERMINED TO BE MITIGATED TO A LEVEL OF INSIGNIFICANCE Earth Resources Significant effect: The project will result in 170,000 cubic yards of cut and 31,000 cubic yards of fill on the lower campus. Cut and fill volumes for Upper Campus have not been determined. A-3 • • • • Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level with respect to grading cut and fill by virtue of the standards City policies and mitigation measures listed below: 1. Prior to the issuance of a grading permit, the project sponsor shall document to the City of Newport Beach Building Department that grading and development of the site shall be conducted in accordance with the City of Newport Beach Grading Ordinance and with plans prepared by a registered civil engineer. These plans shall incorporate the recommendations of a soil engineer and an engineering geologist, subsequent to the com- pletion of a comprehensive soil and geologic investi- gation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department by the project sponsor. 2. Prior to the issuance of a grading permit, the project sponsor shall submit documentation to the City of Newport Beach Building Department confirming that all cut slopes shall be monitored for potential instabilities by the project geotechnical engineer during all site grad- ing and construction activities and strictly monitor the slopes in accordance with the documentation. Significant Effect: One active fault (the Newport -Inglewood) and several poten- tially active faults are located within close proximity that could potentially impact the project site. Also, the verification of the presence of Balco fault and the un-named fault on -site has not been determined. The proposed project may experience impacts from ground shaking. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 3. Prior to the issuance of a grading permit, the project sponsor shall provide to the City of Newport Beach a comprehensive soil and geologic investigation and report of the site prepared by a registered grading engineer and/or engineering geologist. This report shall also identify construction excavation techniques which ensure no damage and minimize disturbance to adjacent A-4 • • residents. This report shall determine if there are any faults on site which could render all or a portion of the property unsafe for construction. All recommendations contained in this investigation and report shall be incorporated into project construction and design plans. This report shall be submitted to the City for review and approval. 4. Prior to the completion of the final design phase, the project sponsor shall demonstrate to the City of Newport Beach Building Department that all facilities will be de- signed and constructed to the seismic standards applica- ble to hospital related structures and as specified in the then current City adopted version of the Uniform Build- ing Code. Significant Effect Expandable and corrosive soils may be encountered on the project site. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 5. Prior to the issuance of grading or building permits for each phase of development, the Building Department shall ensure that geotechnical recommendations included in 'Report of Geotechnical Evaluation for Preparation of Master Plan and Environmental Impact Report, Hoag Memorial Hospital Presbyterian Campus, 301 Newport Boulevard, Newport, California" as prepared by LeRoy Crandall Associates, June, 1989, and in the report prepared pursuant to Mitigation Measure 3, are fol- lowed. 6. Prior to the issuance of a grading permit, the project sponsor shall conduct a soil corrosivity evaluation. This evaluation shall be conducted by an expert in the field of corrosivity. The site evaluation shall be designed to address soils to at least the depth to which excavation is planned. At a minimum, at least one sample from each soil type should be evaluated. Appropriate personnel protection shall be worn by field personnel during the field evaluation. In the event soils are found to be corrosive, the source and extent of the corrosive soils shall be determined, and all buildings and infrastructure shall be designed to control the potential impact of corrosive soils over time. 7. Based on the corrosion assessment and source determi- nation, a soils and construction material compatibility evaluation shall also be undertaken, concluding with the appropriate mitigation measures and design criteria. A-5 • • • Corrosion resistant construction materials are commonly available and shall be used where the evalua- tion/assessment concludes that corrosive soils conditions could adversely impact normal construction materials or the materials used for the mitigation of subsurface gas conditions. For example, there are many elastomers and plastics, like PVC, which are resistant to corrosion by up to 70 percent sulfuric acid at 140 degrees Fahrenheit. 8. Should the soil be identified as hazardous due the severeness of their corrosivity (i.e., a PH less than 2.5), on -site remediation byneutralization shall be undertaken prior to construction. Appropriate regulatory agency approvals and permits shall also be obtained. Hydrology/Water Ouality Significant Effect: During construction on both Upper and Lower Campuses, grading and site preparation will expose soils and create the potential for short term erosion. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: This significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the additional mitigation measures listed below: 9. Prior to issuance of grading permits, the project sponsor shall ensure that a construction erosion control plan is submitted to and approved by the City of Newport Beach that is consistent with the City of Newport Beach Grading Ordinance and includes procedures to minimize potential impacts of silt, debris, dust and other water pollutants. These procedures may include: • the replanting of exposed slopes within 30 days after grading or as required by the City Engi- neer. • the use of sandbags to slow the velocity of or divert stormflows. • the limiting of grading to the non -rainy season. The project sponsor shall strictly adhere to the approved construction erosion control plan and compliance shall be monitored on an on -going basis by the Newport Beach Building Department. Significant Effect: New construction on both the upper and lower campuses will impact water quality by replacing the presently undeveloped A-6 • • • • condition (primarily Lower Campus) with buildings and pavements resulting in increased urban pollutants in site run off. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final E1R. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 10. Prior to the issuance of grading permits, the project sponsor shall submit a landscape plan which includes a maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and overwatering. This plan shall be reviewed by the Department of Parks, Beaches and Recreation and approved by the City of Newport Beach Planning Department. The project sponsor shall install landscaping in strict compliance with the ap- proved plan. 11. The project sponsor shall continue the current practice of routine vacuuming of all existing parking lots and structures and shall also routinely vacuum all future parking lots and structures at current frequencies. Upon implementation of the County of Orange Storm Water Master Plan, routine vacuuming shall be done in accor- dance with the requirements specified in the plan. Significant Effect: Existing drainage facilities are expected to be adequate to handle Master Plan drainage; however, this should be verified when site plans are available. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 12. Upon completion of final building construction plans, and prior to the issuance of a grading permit for each phase of development, the project sponsor shall ensure that site hydrological analyses are conducted to verify that existing drainage facilities are adequate. The applicant shall submit a report to the City of Newport Beach Building Department for approval, verifying the adequacy of the proposed facilities and documenting measures for the control of siltation and of erosive A-7 • • • • • runoff velocities. A copy of this report shall be forward- ed to the Olifornia Regional Water Quality Control Board, Santa Ana Region. Significant Effect Depending on the planned lower floor levels of pro- posed buildings, the project may require a construction dewatering program and a permanent subdrain system. Finding. Changes or alterations have been required in, or incor- porated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 13. Prior to the completion of final construction plans, the project sponsor shall submit a comprehensive geotechni- cal/hydrologic study to the City of Newport Beach Build- ing Department, which includes data on groundwater. This study shall also determine the necessity for a construction dewatering program and subdrain system. 14. Prior to the completion of final building construction plans for each phase of Lower Campus development, the project sponsor shall submit an application to the Re- gional Water Quality Control Board for an NPDES permit if a construction dewatering or subdrain program is determined necessary by the Building Department based on the design and elevation of the foundation structures. Also, if dewatering is required by RWQCB, the project sponsor shall also conduct groundwater sam- pling and analysis, and submit it to the California Re- gional Water Quality Control Board Santa Ana Region. The results of this testing will assist in determining the specifications for the NPDES permit. The project sponsor shall strictly comply with all conditions of any NPDES Permit. Significant Effect: The existing and future Master Plan Hospital facilities currently and in the future will handle infectious, hazardous and radio- active materials and wastes. Such wastes could contaminate water quality if not handled properly. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. A-8 • • • • Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 15. Project Sponsor shall strictly comply with its Hazardous Material and Waste Management Program and its Infec- tious Control Manual for all new activities associated with the proposed Master Plan, as well as strictly comply with all new regulations enacted between now and completion of the proposed Master Plan development. Biological Resources Significant Effect: A total 1.52 acres of wetland communities will be impacted by the project. This acreage may increase, depending on the final outcome of current pending changes to the federal wetland delineation methodology. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 16. The federal wetland regulations and requirements shall be reviewed by the City and the project sponsor at the time the proposed work is undertaken, and the project shall comply with all applicable laws concerning removal and mitigation of wetlands at that time, as required by the U.S. Army Corps of Engineers and the California Coastal Commission. If this review results in a finding by the Resources Agencies involved in the permit processes that mitigation is required for impacts to the 1.07 acres of wetlands dominated by pampas grass, such mitigation will be accomplished as part of the mitigation required for impacts to sensitive wetland plant communi- ties (Mitigation Measures 17 and 18). 17. The project sponsor shall prepare a comprehensive restoration and management plan for the wetland mitigation site as required by law. This plan will be sub- mitted to the following agencies for their review and approval/ concurrence prior to issuance of grading and/or building permits for Master Plan development. • U.S. Army Corps of Engineers' • U.S. Fish and Wildlife Service' i Under the existing regulations, the Corps and USFWS would be consulted as part of the Section 404 permitting pruwo However, if proposed changes to the regulations result in removal of the project site from Corps jurisdiction, these agencies would not be required to review the wetland mitigation plan. A-9 • • • • • (California Department of Fish and Game2 • City of Newport Beach 18. The resulting final mitigation plan shall be approved as part of the Coastal Development Permit for the project. The plan shall also be approved as part of the Corps Section 404 Permit and Streambed Alteration Agree- ment, if applicable. A wetland mitigation plan approved by the appropriate agencies shall bersubmitted to the City of Newport Beach prior to issuance of grading and/or building permits for Master Plan development in any areas affecting wetlands. 19. The plan will be consistent with the following provisions: • The amount of new wetlands created under the mitigation plan shall be at least of equal size to the area of sensitive wetland communities im- pacted by the project. • The wildlife habitat values in the newly created wetlands shall not be less than those lost as the result of removal of sensitive wetland communi- ties impacted by the project. • The wetlands created shall not decrease the habitat values of any area important to mainte- nance of sensitive plant or wildlife populations. • The wetland mitigation planning effort will take • into consideration creation of 0.2 acre of salt grass habitat suitable for use by wandering skip- per; such consideration would be dependent on the nature of the mitigation plan undertaken and whether wandering skipper could potentially occur in the mitigation area. • The plan will constitute an agreement between the applicant and the resource agencies involved. The plan shall be written so as to guarantee wetland restoration in accordance with stated management objectives within a specified time frame. The plan shall describe the applicant's re- sponsibilities for making any unforeseen repairs or modifications to the restoration plan in order to meet the stated objectives of the plan. 20. The following detailed information will be provided by the project sponsor in the final mitigation plan: • Diagrams drawn to scale showing any alterations to natural landforms; • A list of plant species to be used; 2 Regardless of other considerations, CDFG will review the wetland mitigation plan for the City of Newport Beach as part of the Coastal Development Permit Process CDFG review would also be proviced as part of a Streambed Alteration Agreement, if required. A 10 • • • • • • The method of plant introduction (i.e., seeding, natural succession, vegetative transplanting, etc.); and • Details of the short-term and long-term monitor- ing plans, including financing of the monitoring plans. Cultural Resources Significant Effect: No significant archaeological or historical resources are located on the project site; however, because subsurface resources can go undetected during surveys, archaeological and historical monitoring is necessary during grading. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 21. Prior to the issuance of a grading permit, an Orange County certified archaeologist shall be retained to, and shall, monitor the grading across the project area. The archaeologist shall be present at the pre -grading confer- ence, at which time monitoring procedures acceptable to and approved by the City shall be established, including procedures for halting or redirecting work to permit the assessment, and possible salvage, of unearthed cultural materiaL Significant Effect: Based on the geological/paleontological literature and fossil locality maps, the project lies within a sensitive zone with the potential to yield significant fossils from Pleistocene and Miocene deposits. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 22. Prior to the issuance of grading permits, an Orange County certified paleontologist shall be retained to, and shall, monitor the grading activities. The paleontologist shall be present at the pregrading conference, at which A 11 • • • • • time procedures acceptable to and approved by the City for monitoring shall be established, including the tempo- rary halting or redirecting of work to permit the evalua- tion, and possible salvage, of any exposed fossils. All fossils and their contextual stratigraphic data shall go to an Orange County institution with an educational and/or research interest in the materials. Land Use Significant Effect: Adoption of Master Plan will require a zoning code change for both upper and lower campuses. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 24. The proposed project is subject to all applicable require- ments of the City of Newport Beach General Plan, Zoning Code and Local Coastal Program (LCP). Those requirements that are superseded by the PCDP and District Regulations are not considered applicable. The following discretionary approvals are required by the City of Newport Beach: E1R certification, adoption of the Master Plan, adoption of the Planned Community Development Plan and District Regulations, approval of a Development Agreement, approval of a zone change to Planned Community District, grading permits, and building permits for some facilities. The California Coastal Commission has the discretionary responsibility to issue a Coastal Development Permit for the Lower Campus and a Local Coastal Program Amendment for the Lower Campus. 118. For any building subject to the issuance of the building permit by the Office of the State Architect, Hoag Hospital shall submit to the State Architect a letter from the City of Newport Beach indicating that review of the construction plans has been completed and that the plans are in compliance with all City requirements. Transportation/Circulation Significant Effect: The proposed project will generate additional traffic. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. A 12 Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 25. Subsequent to completion of Phase I of the project, the project sponsor shall conduct a Traffic Phasing Ordi- nance (TPO) analysis for Phase II and III Master Plan development. The analysis shall identify potential inter- section impacts, the proposed project traffic volume contributions at these impacted intersections, and the schedule for any intersection improvements identified as necessary by the study to insure a satisfactory level of service as defined by the TPO. This report shall be ap- proved by the City prior to commencement of Phase II or III construction. 26. Prior to issuance of building permits for Phase I of the project, the project sponsor shall conduct a project trip generation study which shall be reviewed and approved by the City Traffic Engineer. This study shall determine if the traffic to be generated by existing plus Phase I development will not exceed 1,338 PM peak hour traffic trips. In the event the Traffic Engineer determines that existing plus Phase I development will generate more than 1338 PM peak hour trips, the project shall be reduced in size or the mix of land uses will be altered to reduce the PM peak hour trips to at or below 1338. 27. Subsequent to completion of Phase 1 Master Plan development, the project sponsor shall conduct a project trip generation study to be reviewed and approved by the City Traffic Engineer. This study shall analyze whether the traffic to be generated by the subsequent phases of development (Phases II and III) will exceed 1,856 PM peak hour trips when added to the trips generated by existing (including Phase I) Hoag Hospital development. This study shall be conducted prior to the issuance of any grading or building permits for Phase II or III development. 28. The project sponsor shall continue to comply with all applicable regulations adopted by the Southern Califor- nia Air Quality Management District that pertain to trip reductions such as Regulation 15. 29. The project shall comply with the City of Newport Beach Transportation Demand Management Ordinance ap- proved by the City Council pursuant to the County's Congestion Management Plan. Significant Effect: Although no specific impacts have been identified with respect to public transit, build out of the Master Plan will increase the demand for public transit. • • • • Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 30. In order to ensure accessibility to the available transit services for employees, visitors and patrons of the Hospital, the following transit amenities shall be incor- porated into the Master Plan project: Bus turnouts shall be installed if, and as required, by the City Traffic Engineer at all current bus stop locations adjacent to the project site. Bus turnouts shall be installed in accordance with standard design guidelines as indicated in OCTD's Design Guidelines for Bus Facili- ties. Significant Effect: Parking rates proposed for Master Plan development were determined to be adequate based upon existing similar uses. Finding: The ability to assure ongoing compliance with a finding of insignificance is assured through the monitoring of the following mitigation. Facts in Support of Finding: The insignificant effect will be assured at a level of insignifi- cance by virtue of the Standard City. Policies identified in the Final EIR and the following mitigation measure: 32. Prior to issuance of approvals for development phases subsequent to Phase I, the applicant shall submit to the City Traffic Engineer for his/her review and approval a study that identifies the appropriate parking generation rates. The findings of this study shall be based on empirical or survey data for the proposed parking rates. Significant Effect: Although no specific impacts have been identified with respect to the existing and future Hoag Hospital circulation system, and existing and future Upper and Lower campus access intersec- tions, mitigation will assure insignificant impacts. Finding: The ability to assure ongoing compliance with a finding of insignificance is assured through the monitoring of the following mitigation. A-14 • • Noise • • • Facts in Support of Finding: The insignificant effect will be assured at a level of insignifi- cance by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: 33. Prior to the issuance of precise grading permits for the phase of Master Plan development that includes new, or modifications to existing, internal roadways (other than service roads), the project sponsor will prepare an inter- nal circulation plan for submittal to and approval by the Director of Public Works that identifies all feasible measures to eliminate internal traffic congestion and facilitates ingress and egress to the site. All feasible measures identified in this study shall be incorporated into the site plan. 34. Depending on actual site build out, intersection improve- ments may be required at the Hospital Road (Upper Campus access) Placentia Avenue Intersection and at the WCH (Lower Campus access) intersection. The need for these improvements shall be assessed during subsequent traffic studies to be conducted in association with Mitigation Measure 25. Significant Effect: Project generated traffic may contribute to on -site noise level excee- dances. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 39. If noise levels in on -site outdoor noise sensitive use areas exceed 65 CNEL, the project sponsor shall develop measures that will attenuate the noise to acceptable levels for proposed hospital facilities. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. 40. Prior to occupancy of Master Plan facilities, interior noise levels shall be monitored to ensure that on -site interior noise levels are below 45 CNEL. If levels exceed 45 CNEL, mitigation such as window modifica- tions shall be implemented to reduce noise to acceptable levels. Significant Effect: Any increase in mechanical equipment use as a result of the proposed project would exacerbate existing noise level standard exceedances. A 15 • • • • Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 41. Prior to issuance of a grading and or building permit the project sponsor shall demonstrate to the City that existing noise levels associated with the on -site exhaust fan are mitigated to acceptable levels. Similarly, the project sponsor shall demonstrate to the satisfaction of the Building Department that all noise Ievels generated by new mechanical equipment associated with the Mas- ter Plan are mitigated in accordance with applicable standards. 114. Roof top mechanical equipment screening on the emergency room expansion shall not extend closer than fifteen feet from the west edge of the structure and no closer than ten feet from the edge of the structure on any other side. 115. Noise from the emergency room expansion roof top mechanical equipment shall not exceed 55 dBA at the property line. 116. The project sponsor shall pay 75% of the cost of plant- ing thirty 24 inch ficus trees (or the equivalent) in the berm between the service road and Villa Balboa south- erly of the tennis courts. Planting shall occur on Villa Balboa property. 117. Use of the heliport/helipad shall be limited to emergen- cy medical purposes or the transportation of critically ill patients in immediate need of medical care not available at Hoag Hospital. Helicopters shall, to the extent feasible, arrive at, and depart from the helipad, from the northeast, to mitigate noise impacts on residential units to the west and south. 119. Non vehicular activities, such as the operation of the trash compactor, which occur in the vicinity of the service/access road shall be operated only between the hours of 7:00 a.m. and 7:00 p.m. daily. Visual/Aesthetics Significant Effect: The quality of the existing views will be altered somewhat in that existing views of the Lower Campus site will change from an undev- eloped mesa top and slope to a developed site. A-16 • • • • Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 43. Prior to issuance of grading and building permits, the project sponsor shall ensure that a landscape and irrigation plan is prepared for each build- ing/improvement within the overall Master Plan. This plan shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construc- tion schedule. The plan shall be subject to review by the Parks, Beaches and Recreation Department and approv- al by the Planning Department and Public Works Department. 44. Prior to issuance of a building permit, the project sponsor shall submit plans to, and obtain the approval of plans from, the City Planning Department which detail the lighting system for all buildings and window systems for buildings on the western side of the Upper Campus. The systems shall be designed and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed elec- trical engineer, with a letter from the engineer stating that, in his or her opinion, this requirement has been met. 45. Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning Depart- ment which illustrate that all mechanical equipment and trash areas will be screened from public streets, alleys and adjoining properties. 46. Prior to issuance of building permits, the project sponsor shall submit plans which illustrate that major mechanical equipment will not be located on the roof top of any structure on the Lower Campus. Rather, such buildings will have clean rooftops. Minor rooftop equipment necessary for operating purposes will comply with all building height criteria, and shall be concealed and screened to blend into the building roof using materials compatible with building materials. 47. Prior to issuance of building or grading permits, the project sponsor shall make an irrevocable offer to dedicate and grade the proposed linear and consolidated view park as identified in the project description (Figure 3.2.1.) The project sponsor will dedicate land for a 0.28 acre consolidated view park and a 0.52 acre linear view park. A-17 • • • • • Significant Effect: Based on development criteria outlined in the PCDP and District Regulations, Master Plan project development will result in an insignificant loss of ocean, Newport Bay and Catalina views. In certain locations, the project will .enhance views that are currently obstructed by the existing slope. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 48. Prior to issuance of a building permit for any lower campus structure, the project sponsor shall prepare a study of each proposed building project to assure confor- mance with the EIR view impact analysis and the PCDP and District Regulations, to ensure that the visual im- pacts identified in the EIR are consistent with actual Master Plan development. This analysis shall be submit- ted to and approved by the City Planning Department. Public Health and Safety Significant Effect: The project site is a potential source of unknown hazardous waste (in relation to oil production on Lower Campus or hospital activity on both Upper and Lower Campuses). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 49. In the event that hazardous waste is discovered during site preparation or construction, the project sponsor shall ensure that the identified hazardous waste and/or hazardous materials are handled and disposed in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5), standards established by the California Department of Health Services, Office of Statewide Health Planning and Development, and ac- cording to the requirements of the California Adminis- trative Code, Title 30, Chapter 22. A-18 • • • Significant Effect: According to data from the DOG, the Wilshire Oil Well on the Lower Campus requires re -abandonment. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final E1R. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 50. Prior to construction of structures over or near the Wilshire oil well, Project Sponsor shall ensure that the Wilshire oil well, or any abandoned, unrecorded well or pressure relief well, is re -abandoned to the current stan- dards. Abandonment plans will be submitted to the State Division of Oil and Gas (DOG) for approval prior to the abandonment procedures. The City's building official shall be notified that the reabandonment was carried out according to DOG procedures. Significant Effect: The lower Campus portion of the site has experienced methane and hydrogen sulfide gas seepage for at least the past 20 years. With project development, the potential exists for increased gas seepage. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially Iessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 51. To further determine the source of the gas on the Lower Campus site, prior to issuance of a grading permit on the Lower Campus, Project Sponsor shall collect gas samples from the nearest fire flooding wells and at Newport Beach Townhomes and compare the gas samples to samples taken from the Hoag gas collection wells prior to site grading and construction. 52. A soil gas sampling and monitoring program shall be conducted for the areas to be graded and/or excavated. Systematic sampling and analysis shall include methane and hydrogen sulfide gas. Samples shall be taken just below the surface, at depth intervals within the removal zone, and at a depth below the depth of actual distur- bance. (The individual(s) performing this initial study may be at risk of exposure to significant - and possibly A 19 • • • • • lethal - doses of hydrogen sulfide, and shall be appro- priately protected as required.) 53. A site safety plan shall be developed that addresses the risks associated with exposures to methane and hydrogen sulfide. Each individual taking part in the sampling and monitoring program shall receive training on the poten- tial hazards and on proper personal protective equip- ment. This training shall be at least at the level re- quired by UN'lt 2910.120. 54. If the analysis of the initial soil gas samples show unacceptable levels of hazardous constituents that have the potential to pose a health risk during construction activities, additional gas collection wells shall be drilled to contain and collect the gas. 55. Continuous monitoring for methane and hydrogen sulfide shall be conducted during the disturbance of the soils and during any construction activities that may result in an increase in the seepage of the gases. The project sponsor shall maintain a continuous monitor in the immediate vicinity of the excavation, and a personal monitor, with an alarm, shall be worn by each worker with a potential for exposure. 56. A study of other hazardous constituents that may be present in quantities that pose a health risk to exposed individuals shall be prepared and evaluated prior to the initiation of the project. The constituents studied shall include compounds that are directly related to petro- leum, such as benzene and toluene. 57. A study shall be conducted that characterizes the wells, the influent gas, and the effluent of the flare. This study shall characterize the gas over a period of time, to allow for potential fluctuations in concentration and rate. 58. A scrubber system shall be required to reduce the concentration of hydrogen sulfide in the influent gas. 59. In the event additional gases are to be collected from newly constructed collection wells as part of a measure to reduce exposures during construction, an evaluation of the capacity and efficiency of the present flare system shall be conducted prior to connecting any new sources. 60. An automatic re -light system shall be installed on the flare system to reduce the risk of a potential release of high concentration of hydrogen sulfide. The system shall be designed with an alarm system that notifies a remote location which is manned 24 hours per day. 61. A continuous hydrogen sulfide monitor that would give warning of a leak of concentrations in excess of accept- able levels shall be installed in the vicinity of the flare. 62. A study of the concentration of potential hazardous constituents shall be conducted prior to initiation of the project to characterize the wastewater and any risks it may pose to human health prior to development. A stormwater pollution prevention plan shall be developed A 20 • • • • • to reduce the risk of the transport of hazardous constitu- ents from the site. The Hospital shall apply for coverage under the State Water Resources Control Board's General Permit for Storm Water Discharges Associated with Construction Activity and shall comply with all the provisions of the permit, including, but not limited to, the development of the SWPPP, the development and implementation of Best Management Practices, imple- mentation of erosion control measures , the monitoring program requirements, and post construction monitoring of the system. 63. Soil samples shall be collected from appropriate loca- tions at the site and analyzed for BTEX and priority pollutants; if the soils are found to contain unacceptable levels of hazardous constituents, appropriate mitigation will be required, including a complete characterization of both the vertical and horizontal extent of the contami- nation, and a remedial action plan shall be completed and approved by the California Regional Water Quality Control Board. The project sponsor must demonstrate to the City of Newport Beach compliance with this measure prior to issuance of any permits for Phase I construction activities. 64. Prior to the issuance of grading or building permits, the project sponsor shall evaluate all existing vent systems located on the lower campus and submit this data to the City Building and Fire Departments, the State Depart- ment of Conservation, Division of Oil and Gas, and the Southern California Air Quality Management District for comment. Additionally, any proposed new passive vents shall be evaluated by these agencies prior to the issuance of grading or building permits. If the vents are emitting detectable levels of hydrogen sulfide and/or toxins, the emitted gasses must be treated prior to discharge in a manner acceptable to these agencies. 65. If required by the Southern California Air Quality Air Management District, an air dispersion model shall be required in order to predict the cumulative effects of the emissions. Compliance with any additional requirements of the AQMD shall be verified through a compliance review by the district with written verification received by the Newport Beach Building Department. 66. Before the issuance of building permits, the project sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating that continuous hydrogen sulfide monitoring equipment with alarms to a manned remote location have been provided in building designs. This monitoring equipment must be the best available monitoring system, and the plans must include a preventative maintenance program for the equipment and a calibration plan and schedule. 67. Prior to issuance of a grading permit, the Project Spon- sor shall ensure that the inferred fault traversing the site is trenched and monitored for gas prior to site grading and construction. If gas monitoring indicates a potential risk during grading, additional gas collection wells will be drilled to collect and contain the gas. A-21 • • • • • 68. Prior to issuance of building permits, Project Sponsor shall submit plans to the City of Newport Beach ensur- ing that all structures built on the Lower Campus are designed for protection from gas accumulation and seep- age, based on the recommendations of a geotechnical engineer. 69. Project Sponsor shall submit plans to the City of New- port Beach indicating where gas test boring will be drilled under each proposed main building site once specific building plans are complete. Such testing shall be carried out, and test results submitted to the City's building official, prior to issuance of grading permits. If a major amount of gas is detected, a directionally drilled well will be permanently completed and put into the existing gas collection system. 70. Project Sponsor shall submit plans to the Grading Engineer, City of Newport Beach, indicating that all buildings and parking lots on the Lower Campus will be constructed with passive gas collection systems under the foundations. Such a system typically consists of perfor- ated PVC pipes laid in parallel lengths below the foundation. Riser type vents will be attached to light standards and building high points. Additionally, parking lots on the Lower Campus will contain unpaved planter areas and vertical standpipes located at the end of each length of PVC pipe. The standpipes will serve to vent any collected gas to the atmosphere. A qualified geotechnical firm shall be retained to design such systems. 71. Prior to issuance of building permits, Project Sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating that all buildings on the Lower Campus are sealed from gas migration. Such sealing may be installed by the use of chlorinated poly- ethylene sheeting or similar approved system. All materials of construction including the PVC piping and the ground lining must be evaluated for compatibility with the existing environmental conditions of the soils and/or potential gases. 72. Prior to issuance of building permits, Project Sponsor shall submit plans to the City of Newport Beach Building and Fire Departments demonstrating that all buildings on the Lower Campus will be equipped with methane gas sensors. Such sensors will be installed in areas of likely accumulation, such as utility or other seldom used rooms. Sensors can monitor on a continuous basis, and can be tied into fire alarm systems for 24 hour surveil- lance. 73. To avoid possible accumulation of gas in utility or other seldom used service or storage rooms, Project Sponsor shall submit plans to the City of Newport Beach Building Department prior to issuance of building permits indicating that such rooms are serviced by the buildings' central air conditioning system (or an otherwise positive ventilation system that circulates and replaces the air in such rooms on a continuous basis). A 22 • • • • 74. During construction, Project Sponsor shall ensure that an explosimeter is used to monitor methane levels and percentage range. Additionally, construction contractors shall be required to have a health and safety plan that includes procedures for worker/site safety for methane. If dangerous levels of methane are discovered, construc- tion in the vicinity shall stop, the City of Newport Beach Fire Department shall be notified and appropriate procedures followed in order to contain the methane to acceptable and safe levels. 75. The Project Sponsor may remove the flare system, contain the gas and utilize the gas for Lower Campus facilities. During the containment process and removal of the flare, the project sponsor shall ensure that meth- ane levels are monitored throughout the project area to ensure that this transition does not create an upset in methane levels or create odors or risk of explosion. 76. Prior to development on the Lower Campus, the project sponsor shall submit to the City of Newport within one year of May, 1992, plans to install a scrubber system to remove hydrogen sulfide from the influent gas to the flare. The design and construction of the system should be in accordance with the Best Available Control Tech- nologies, and must be in compliance with SCAQMD (District) Regulation XIII, emission offsets and New Source Review. 77. As required by the District, the project sponsor shall develop a sampling and analysis protocol for District ap- proval to evaluate the impact the existing and post - scrubber emissions will have on the ambient air quality and on possible receptor populations. The required evaluation shall include analysis for criteria and toxic pollutants, and an evaluation of the potential risks associated with the emission of these pollutants (Rule 1401). Included in the plans for the design of the scrub- ber system should be a make-up gas source. 78. The plans for the design of the new system will include a calibration and maintenance plan for all equipment, and if required by the District as a permit condition, automatic shutdown devices, sensors and charts for continuous recording of monitoring, and flame arresters. The project sponsor shall evaluate enclosing or placing new equipment underground. 79. The project sponsor shall submit plans to the City of Newport Beach Building Department that demonstrate that the flare operation will be shut down within four years of August, 1992. The project sponsor must pre- pare and obtain approval from the SCAQMD to imple- ment a sampling and analysis protocol for evaluation of the existing emissions from the flare after scrubbing (Mitigation Measures 75 & 76), and the effect of flare shutdown on ambient air quality. The methane gas source should be used, if engineering design allows, as a supplemental source of fuel for the Hospital's boilers. If the gas is not usable, the flare shall be relocated. A-23 • • • • • 80. The plans for the design of the new system will include a calibration and maintenance plan for all equipment, and if required by the District as a permit condition, automatic shutdown devices, sensors and charts for continuous recording of monitoring, and flame arrestors. The project sponsor shall evaluate enclosing or placing new equipment underground. 81. Prior to installation of the scrubber system, the project sponsor shall develop a protocol for a study to evaluate the integrity of the control equipment and piping. The project sponsor must obtain agreement from the District on the protocol prior to initiating the study. 82. Before the issuance of building permits, the Project Sponsor shall submit plans to the Building Department, City of Newport Beach, demonstrating compliance with all applicable District Rules, including Rule 402, Public Nuisance, and Rule 403, Fugitive Dust. 83. Before the issuance of building permits, the project sponsor must submit plans to the City of Newport Beach demonstrating that its Hazardous Materials and Waste Management Plan and its Infectious Control Manual have been modified to include procedures to minimize the potential impacts of emissions from the handling, storage, hauling and destruction of these materials, and that the project sponsor has submitted the modified plans to the City of Newport Beach, Fire Prevention Department, and the Orange County Health Care Agency, as required by the Infections Waste Act and AB2185/2187. 122. The methane gas facility and all building on the lower campus shall be subject to all laws and regulations applicable, including, but not limited to, the Federal Regulation contained in 29 CF•'IR 1910, the State Health and Safety Code, Division 20, Chapter 6.95, and the regulations of OSHA and the National Fire Protection Association. Prior to the issuance of building permits on the lower campus, the project sponsor shall submit to the Newport Beach Fire Department a compliance review report of all the above referenced laws and regulations. Significant Effect: Development of the Hospital Master Plan would generate increased levels of hazardous, infectious and radiological wastes. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: A-24 • • • 84. Project Sponsor shall continue compliance with its Hazardous Material and Waste Management Program and its Infectious Control Manual for all new activities associated with the proposed Master Plan, as well as comply with all new regulations enacted between now and completion of the proposed Master Plan. 85. To the satisfaction of the City building official, the Project Sponsor shall expand existing hazardous infec- tious, radiological disposal facilities to add additional storage areas as necessary to accommodate the addition- al waste to be generated by the expanded facilities. Significant Effect: Development of the Hospital Master Plan may result in criteria emissions and air toxins. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 86. The Project Sponsor shall provide evidence to the Planning Director that measures to ensure implementa- tion and continued compliance with all applicable SCAQMD Air Toxic Rules, specifically Rules 1401, 1403, 1405 and 1415, are being carried out. 87. The project sponsor shall submit plans to the City Building Department verifying that all roadways associat- ed with the development of the Master Plan will be paved early in the project, as a part of Phase I Master Plan development construction activities. 88. The project sponsor shall submit plans to the City Building Department prior to the issuance of a building permit for each phase of development, verifying that energy efficiency will be achieved by incorporating appropriate technologies and systems into future struc- tures, which may include: High efficiency cooling/absorption units Thermal storage and ceramic cooling towers Cogeneration capabilities High efficiency water heaters Energy efficient glazing systems Appropriate off -hour heating/cooling/lighting controls A 25 • • • Time clocks and photovoltaic cells for lighting controls Efficient insulation systems Light colored roof and building exteriors PL lighting and fluorescent lighting systems Motion detector lighting controls Natural interior lighting - skylights, clerestories Solar orientation, earth berming and landscaping 89. The project sponsor shall demonstrate to the City Building Department that methods and materials which minimize VOC emissions have been employed where practical, available and where value engineering allows it to be feasible. Significant Effect: Existing overhead power lines could result in electromagnetic field impacts on the residential units located to the west of the upper campus. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final ELR and the following mitigation measures: 90. In conjunction with the Critical Care Surgery addition, the Project Sponsor will place the overhead power lines located west of the Upper Campus underground if feasi- ble. Significant Effect: Dewatering may be required during project construction. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 14. Prior to the completion of final building construction plans for each phase of Lower Campus development, the project sponsor A-26 • • • • • shall submit an application to the Regional Water Quality Control Board for an NPDES permit if a construction dewa- tering or subdrain program is determined necessary by the Building Department based on the design and elevation of the foundation structures. Also, if dewatering is required by RWQCB, the project sponsor shall also conduct groundwater sampling and analysis, and submit it to the California Regional Water Quality Control Board Santa Ana Region. The results of this testing will assist in determining the specifications for the NPDES permit. The project sponsor shall strictly comply with all conditions of any NPDES Permit. Public Services and Utilities Significant Effect: The project is expected to cause a temporary decrease in police and fire response times due to construction. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 91. Prior to the issuance of grading permits, emergency fire access to the site shall be approved by the City Public Works and Fire Departments. Significant Effect: The project will require 8 to 24 inch water lines throughout the site. These lines will be connected to an existing 16 inch City water main. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 92. Prior to the issuance of building permits, the project sponsor shall demonstrate that final design of the project shall provide for the incorporation of water -saving devic- es for project lavatories and other water -using facilities. The project sponsor will also comply with any other City adopted water conservation policies. A-27 • • • • • Significant Effect: The project will require a network of 8 to 12 inch sewer lines on -site. Lines will be connected to an existing 30 inch gravity sewer. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 93. Prior to issuance of grading permits, a master plan of water and sewer facilities shall be prepared for the site. The project sponsor shall verify the adequacy of existing water and sewer facilities and construct any modifica- tions or facilities necessitated by the proposed project development. Significant Effect: Development of the Master Plan will increase the need for fire protection. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final OR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: 94. Prior to the issuance of building permits, the project sponsor shall demonstrate, to the satisfaction of the City Fire Department, that all buildings shall be equipped with fire suppression systems. 95. Prior to issuance of building permits, the project sponsor shall demonstrate to the City Fire Department that all existing and new access roads surrounding the project site shall be designated as fire lanes, and no parking shall be permitted unless the accessway meets minimum width requirements of the Public Works and Fire Departments. Parallel parking on one side may be permitted if the road is a minimum 32 feet in width. 96. Prior to issuance of a building permit, the project sponsor shall demonstrate to the City that the thermal integrity of new buildings is improved with automated time clocks or occupant sensors to reduce the thermal load. A 28 • • • • • 97. Prior to issuance of a building permit, the project sponsor shall demonstrate to the City that window glazing, wall insulation, and efficient ventilation methods have been incorporated into building designs. 98. Prior to issuance of a building permit, the project sponsor shall demonstrate that building designs incorpo- rate efficient heating units and other appliances, such as water heater, cooking equipment, refrigerators, furnaces and boiler units. 99. Prior to issuance of a building permit, the project sponsor shall incorporate into building designs, where feasible, passive solar designs and solar heaters. Construction Activities Significant Effect: Implementation of the project will generate approximately 139,000 cubic yards of excess material, which will need to be exported from the site. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measure: 100. The project sponsor shall ensure that all cut material is disposed of at either an environmentally cleared devel- opment site or a certified landfill. Also, all material exported off site shall be disposed of at an environmen- tally certified development cleared landfill with adequate capacity. Significant Effect: Traffic delays may be experienced on Superior Avenue, Newport Boulevard and West Coast Highway in the vicinity of the proposed project. The delays will result from construction related vehicles entering and exiting the project site, as well as motorists slowing to observe construction activities. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies identi- fied in the Final EIR and the following mitigation measures: A 29 • • • • 101. In conjunction with the application for a grading permit, the project sponsor shall submit a construction phasing and traffic control plan for each phase of development. This plan would identify the estimated number of track trips and measures to assist truck trips and truck ,move- ment in and out of the local street system (Le., flagmen, signage, etc.). This plan shall consider scheduling operations affecting traffic during off-peak hours, extending the construction period and reducing the number of pieces of equipment used simultaneously. The plan will be reviewed and approved by the City Traffic Engineer prior to issuance of the grading permit. 102. The project sponsor shall ensure that all haul routes for import or export materials shall be approved by the City Traffic Engineer and procedures shall conform with Chapter 15 of the Newport Beach Municipal Code. Such routes shall be included in the above construction traffic plan. 103. The project sponsor shall provide advance written notice of temporary traffic disruptions to affected areas, businesses and the public. This notice shall be provided at least two weeks prior to disruptions. 104. The project sponsor shall ensure that construction activities requiring more than 16 truck (i.e., multiple axle vehicle) trips per hour, such as excavation and concrete pours, shall be limited between June 1 and September 1 to avoid traffic conflicts with beach and tourist traffic. At all other times, such activities shall be limited to 25 truck (i.e., multiple axle vehicle) trips per hour unless otherwise approved by the City traffic engineer. Haul operations will be monitored by the Public Works Department and additional restrictions may be applied if traffic congestion problems arise. C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED Listed below are the significant environmental effects that cannot be avoided if the project is implemented. These effects have been reduced to the extent feasible through the requirements and mitigation measures described below. The remaining unavoidable significant effects have been determined to be acceptable when balanced against the economic, social, or other factors set forth in the attached Statement of Overriding Considerations (Exhibit B). Land Use Significant Effect: The project will result in a significant and unavoidable land use impact on residential units located directly adjacent to the western buildings of the upper campus. Although project setback limits are more stringent than City code, the placement of Hospital buildings closer to residential units located to the west of the upper campus is a significant impact when consid- ered in combination with other impacts such as shade and shadow and noise impacts at this location. A 30 f Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: 23. The project sponsor shall construct, if feasible and by mutual agreement, and maintain a fence along the common property line west of the Upper Campus. The proposed design of the fence shall be reviewed and approved by the City Engineering Department. 120. Within one year from the date of final approval of the Planned Community District Regulations and Develop- ment Plan by the California Coastal Commission, as an interim measure, the project sponsor shall implement an acoustical and/or landscape screen to provide a visual screen from and reduce noise to adjoining residences from the loading doc area. The design process for the Critical Care Surgery Addi- tion shall include an architectural and acoustical study to insure the inclusion of optimal acoustical screening of the loading dock area by that addition. Subsequent to the construction of the Critical Care Surgery Addition, an additional acoustical study shall be conducted to assess the sound attenuation achieved by that addition. If no significant sound attenuation is achieved, the hospital shall submit an architectural and acoustical study assessing the feasibility and sound attenuation implications of enclosing the loading dock area. If enclosure is determined to be physically feasible and effective in reducing noise impacts along the service access road, enclosure shall be required. Any enclosure required pursuant to this requirement may encroach into any required setback upon the review and approval of a Modification as set forth in Chapter 20.81 of the New- port Beach Municipal Code. 123. The design of the critical care/surgery addition shall incorporate screening devices for the windows which face the Villa Balboa area for thepurpose of providing privacy for residents, so long as these screening devices can be designed to meet the Hospital Building Code requirements regarding the provision of natural light to the facility. Transportation and Circulation Significant Effect: Increased development on the Upper Campus will increase use of the service roads on both the Upper and Lower Campuses, A-31 and in turn contribute to noise and land use impacts to adjacent residential land uses. • • • • • Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: 31. Prior to issuance of a grading permit for any of the pro- posed Master Plan facilities, the project sponsor shall implement a pilot program approved by the City Traffic Engineer that monitors and manages 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 emer- gency products) during working hours (i.e., 7:00 a.m. to 8:00 p.m.), signage to restrict use of the road by hospital employees, physicians, patients and visitors during non- working hours, and other methods by which to restrict use. The hospital shall also request that vendors not deliver (Le., scheduled and routine deliveries) on the weekends. This restriction specifically applies to scheduled and routine deliveries. The results of this program shall be submitted to the City for review prior to issuance of the grading permit. If the results indicate that such controls do not significantly impact the operations of the hospital, and provided that requests for specified vendor delivery times is consistent with future Air Quality Management Plan procedures, the City may require that the program be implemented as hospital policy. If operation impacts are significant, other mitigation measures would be investigated at that time to reduce service road impacts to the adjacent residential units. Air Quality Significant Effect: The project will result in motor vehicle and stationary source pollutant emissions. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. A 32 116 • • Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: 35. As each phase of the Master Plan is constructed, the project sponsor shall provide each new employee a packet outlining the available ridesharing services and programs and the number of the Transportation Coor- dinator. All new employees shall be included in the yearly update of the trip reduction plan for Hoag Hospital, as required by Regulation XV. 36. Prior to issuance of grading and building permits for each phase of development, the project sponsor shall provide evidence for verification by the Planning Depart- ment that the necessary permits have been obtained from the SCAQMD for regulated commercial equipment incorporated within each phase. An air quality analysis shall be conducted prior to each phase of development for the proposed mechanical equipment contained within that phase that identifies additional criteria pollutant emissions generated by the mechanical equipment to be installed in that phase. If the new emissions, when added to existing project emissions could result in impacts not previously considered or significantly change the land use impact, appropriate CEQA documentation shall be prepared prior to issuance of any permits for that phase of development. Each subsequent air quality analysis shall be reviewed and approved by the SCAQMD. 37. Prior to the issuance of grading and building permits for each phase of development, the project proponent shall provide evidence for verification by the Planning Depart- ment that energy efficient lighting has been incorporated into the project design. 38. Prior to issuance of grading and building permits for each phase of Master Plan development, the project sponsor shall provide evidence that site plans incorpo- rate the site development requirements of Ordinance No. 91-16, as appropriate, to the Traffic Engineering Division and Planning Department for review and Planning Commission approval. Requirements outlined in the Ordinance include: 1) A minimum of five percent of the provided parking at new facilities shall be reserved for carpools. These parking places shall be located near the employee en- trance or at other preferential locations. 2) A minimum of two bicycle lockers per 100 employers shall be provided. Additional lockers shall be provided at such time as demand warrants. A-33 • • • • s Noise 3) A minimum of one shower and two lockers shall be provided. 4) Information of transportation alternatives shall be provided to all employees. 5) A rideshare vehicle loading area shall be designated in the parking area. 6) The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles. 7) Bus stop improvements shall be required for devel- opments located along arterials where public transit exists or is anticipated to exist within five years. The exact number of each of the above facilities within each phase of the Master Plan shall be determined by the City during review of grading and building permit applications for each phase. The types and numbers of facilities required of each phase will reflect the content of the Ordinance at the time that a permit application is deemed complete by the Planning Department. 121. Prior to issuance of a grading permit for each individual phase of development (i.e., I, II or III) the project sponsor shall conduct a CO hot spot analysis for the subject phase of development. This analysis shall utilize the EMFAC /EP emission factor program for the build out year of the subject phase of development, and the CALINE4 CO hot spot model or the model recommend- ed for such analysis at that time. The results of this analysis shall be submitted to the City of Newport Beach Planning Department for review. City staff will verify consistency with the results of the project build out CO analysis. Although the incremental increase in adverse air quality effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. This unavoidable significant effect is consid- ered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern (''atiforniaAssociation of Governments, the California Air Resources Board and the Southern California Air Quality Management District. Significant Effect: Build out of the Master Plan represents an insignificant (22 dBA) contribution to noise levels in the surrounding project vicinity. A 34 Findings: Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: Although the incremental increase in adverse noise effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. This unavoidable significant effect is consid- ered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange and the State Department of Transportation. Significant Effect: Population growth in the Hoag Hospital service area may increase the frequency at which emergency vehicles deliver patients to the Hoag Hospital Emergency Room. Findings: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measure: 42. The City of Newport Beach shall send a letter to each emergency vehicle company that delivers patients to Hoag Hospital requesting that, upon entrance to either the Upper or Lower Campus, emergency vehicles turn off their sirens to help minimize noise impacts to adja- cent residents. Hoag Hospital will provide the City with a list of all emergency vehicle companies that deliver patients to Hoag Hospital. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: Although the incremental air pollutant emission increase as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. This unavoidable significant effect is consid- ered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. • • • • • Visual/Aesthetics Significant Effect: Master Plan development will result in increased shade and shadow impacts to residential land uses located to the west of the upper campus. Finding: Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The impact is insignificant, however, the impact identified in the EIR contributes to a significant unavoidable land use impact. Although the incremental shade and shadow increase as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of the overall hospital project. This unavoidable significant effect is consid- ered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Construction Activities Significant Effect: Air pollutants will be emitted by construction vehicles, and dust will be generated during grading and site preparation. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Other changes or alterations are within the responsibility and jurisdiction of other public agencies, and not solely the City of Newport Beach. Such changes have been adopted by other agencies or can and should be adopted by such agencies. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: 105. The project sponsor shall ensure that all trucks used for hauling material shall be covered to minimize material loss during transit. 106. Project sponsor shall ensure that all project related grading shall be performed in accordance with the City of Newport Beach Grading Ordinance which contains procedures and requirements relative to dust control, A 36 • • • • • erosion and siltation control, noise, and other grading related activities. 107. Prior to issuance of grading permits, the project sponsor shall demonstrate compliance with SCAQMD Rule 403 which will require watering during the morning and evening prior to or after earth moving operations. To further reduce dust generation, grading should not occur when wind speeds exceed 25 miles per hour (MPH), and soil binders on SCAQMD approved chemical stabilizers • should be spread on construction sites or unpaved areas. Additional measures to control fugitive dust include street sweeping of roads used by construction vehicles, reduction of speeds on all unpaved roads to 15 miles per hours, suspension of operations during first and second stage smog alerts, and wheel washing before construction vehicles leave the site. 108. Prior to issuance of any grading and building permit, the project sponsor shall submit a Trip Reduction Plan for construction crew members. This plan shall identify measures, such as ride -sharing and transit incentives, to reduce vehicle miles traveled by construction crews. The plan shall be reviewed and approved by the City Traffic Engineer. 109. Prior to issuance of a grading permit for each phase of construction, the project sponsor shall submit an analysis to the City Building Department that documents the criteria emissions factors for all stationary equipment to be used during that phase of construction. The analysis shall utilize emission factors contained in the applicable SCAQMD Handbook. The analysis shall also be submitted to the City of Newport Beach Planning Department for review and approval. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern California Association of Governments, the California Air Resources Board and the Southern California Air Quality Management District. Significant Effect: Construction noise will occur as a result of the development of the proposed project. Construction noise can reach high levels and represents a short-term impact on ambient noise levels. However, because construction of the project will occur over a 20 year period, this is considered to be a significant unavoidable adverse project impact. A 37 Findings: • • • • • Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the signifi- cant environmental effect as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the Standard City Policies identified in the Final EIR and the following mitigation measures: 109. Prior to issuance of a grading permit for each phase of construction, the project sponsor shall submit an analysis to the City Building Department that documents the criteria emissions factors for all stationary equipment to be used during that phase of construction. The analysis shall utilize emission factors contained in the applicable SCAQMD Handbook. The analysis shall also be submitted to the City of Newport Beach Planning Department for review and approval. 112. The project sponsor shall ensure that construction activities are conducted in accordance with Newport Beach Municipal Code, which limits the hours of con- struction and excavation work to 7:00 a.m. to 6:00 p.m. on weekdays, and 8:00 a.m. to 6:00 p.m. on Saturdays. No person shall, while engaged in construction, remodel- ing, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner that produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any holiday. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. IV. PROJECT ALTERNATIVES Analysis Section 15126(d) of the CEQA Guidelines requires that an EIR describe "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and evaluate the comparative merits of the alternatives." Six alternatives to the proposed project are evaluated in Section 6 of the Final EIR. These alternatives were developed with the intent of finding ways to avoid or reduce the environmental effects of the proposed project while attaining the basic objectives of the project, even if those alternatives might impede the attainment of other project objectives and might be more costly. The City Council has determined that these alternatives are infeasible, in that they would not satisfy the basic project objectives or they would not substantially reduce the environmental effects as compared to the proposed project, with exception of the no development alternative. A summary of the alternatives considered, along with an explanation of why each alternative was rejected is presented below. The Project Objectives are presented in Section ILA., above. A-38 • • • • • Throughout the public hearings, several alternative plans where presented to both the Planning Commission and the City Council. While certain specifics of the alternative plans were different, each was based on the concept of a density shift of development from the lower to the upper campus. From an environmental basis, all these alternative presented substantially the same environmental consequences as the Villa Balboa Alternative described in the E1R. The variety of density shift alternative plans do vary in the technical feasibility of the proposals. 1. No Project/Development According to Existing Entitlements The No Project alternative would allow for construction of additional hospital facilities in accordance with the 1979 Master Plan. The 1979 Master Plan did not address development on the lower campus because Hoag Hospital did not own that site at that time. As a result, development on the lower campus would be allowed subject to the provisions of the Newport Beach General Plan and the approval of a Use Permit in each case. The No Project alternative would result in impacts similar to or greater than the proposed project, in that general plan level of entitlement would progress on a case by case basis. Impacts related to the cumulative development could be greater since comprehensive site and environmental analysis would not occur. This alternative is not considered environmentally superior. 2. No Development Alternative This alternative would preserve the remaining undeveloped land on the lower campus as open space, and no new construction would occur on the upper campus. This alternative would avoid all of the impacts associated with all of the building alternatives. The linear and consolidated view park would also not be constructed. While considered to be environmentally superior, this alternative is rejected due to the fact that none of the project objectives would be accomplished without the further expansion of Hoag Hospital. 3. Decreased Density Alternative This alternative provides for development according to the Master Plan on the Upper Campus, and a decreased allowable Floor Area Ratio of 0.5 on the lower campus. Under this alternative, development of the entire lower campus would occur. Therefore, the resulting impacts to landform. public health, cultural resources and hydrology would occur. This alternative could decrease the visual impacts of the project from the area surrounding the existing cancer center. Assuming the Hospital project represents a plan to meet demand for health care service in the area, a decrease in the allowable development may result in certain facilities in satellite locations. This could result in increases in traffic, air, quality and noise impacts due to increases in vehicular trips and miles travelled. The impacts of this alternative are considered to be equivalent to the proposed project, while not fully meeting the objectives of Hoag Hospital. 4. Design Alternatives The design alternatives both have the goal of avoiding the on site wetland area. One design would allow the planned amount of development on the upper and lower campuses, but would intensify structures on the lower campus into mid and/or high rise structures. The other design would shift a portion of the lower campus development to the upper campus. A 39 • • • • • The intensification would create unavoidable adverse impacts to public views. The impacts would be engendered to preserve on site a wetland which can be mitigated to a level of insignificant impact through replacement in a more biologically productive area. It is, therefore, not environmentally superior. The density shift alternative is similar in nature to the Villa Balboa Alterna- tives and the various density shift alternatives discussed through the course of the public hearings. Mitigable impacts will be reduced with the lowered intensity on the lower campus; unmitigable impacts associated with the development on the upper campus will be increased as a result of intensified upper campus development. It is, therefore, not environmentally superior. 5. Villa Balboa Alternatives The Villa Balboa Alternatives, the Friends of Cat -tail Cove Alternative and the density shift alternative described above are all similar from an environ- mental standpoint. Fundamental to the finding that these alternatives are not environmentally superior is the fact that significant and unavoidable land use impacts are identified for the upper campus development. These impacts are existing and future noise, light and glare, shade and shadow, and visu- al/aesthetics problems along the service access road. Intensification of the upper campus will increase these impacts. Since impacts associated with development of the lower campus can be mitigated to a level of insignificance, these various density shift alternative cannot be considered to be environmentally superior. 6. Alternative Site Locations The potential for alternative project locations was examined in order to reduce or alleviate the potential environmental effects on environmental re- sources. Two sites were evaluated: San Diego Creek South and Mesa Verde Loop. This alternative site analysis was conducted to explore the way to alleviate the projects significant and unavoidable environmental effects. The Mesa Verde loop site is rejected as a project alternative site since it is not large enough to accommodate sufficient development to reduce the project impacts below a level of significance. The San Diego Creek site is of sufficient size to eliminate the significant impacts associated with the proposed project. However, the project specific impacts associated with development on this off -site location and the fact that this site is currently being considered for a 300 unit residential development removes this site from further consideration. In the consideration of the project and the alternatives to the project, the City Council has incorporated many changes to the development standards in order to reduce the significant effects of the proposed project. These changes include increased setbacks on West Coast Highway, Newport Boulevard and the westerly side of the upper campus; and lowered height limits on the lower campus. Conclusion On the basis of the information presented above, the City Council has determined that the project as modified will accomplish the project objectives while substantially reducing the environmental impacts of the project. The Statement of Overriding Considerations (Exhibit 2) presents the reasons why the City Council has determined that the proposed project should be approved, even though it will contribute to significant project related and cumulative effects that cannot be fully mitigated. PLT:_\cc\amd\EIR142.fnd 1 A-40 • • • EXFIIBIT 2 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of the Hoag Hospital Master Plan Project are acceptable and are clearly outweighed by specific social and other benefits of the project. The benefits of the proposed project which outweigh the unavoidable environmental risks are the following: 1. The proposed project is consistent with the General Plan and the Land Use Plan of the Local Coastal Program. 2. The proposed project will insure no development occurs on the bluff top adjacent to the Villa Balboa Condominiums and will preserve, and in certain cases improve, ocean and bay views from adjoining residential properties. 3. The proposed project will contribute more than $1 million dollars towards local and regional circulation improvements pursuant to the City's Fair Share Traffic Contribution Ordinance, and additional improvements that maybe required pursuant to the Traffic Phasing Ordinance. 4. The project will significantly increase Hoag Hospital's ability to provide state-of-the- art medical and health care services to residents of Newport Beach and others within their service area. 5. The proposed project will allow Hoag to provide state-of-the-art medical care in a cost efficient manner by allowing the construction of facilities quickly and without lengthy and costly delays in the planning process. 6. The proposed project will minimize the suffering of persons in need of medical care, including persons with serious or life -threatening illnesses, by minimizing travel time for Newport Beach residents and minimizing the distance patients have to walk within the medical campus to receive treatment and care. 7. The project proponent will construct, install or assist in the construction or installation of improvements that will improve the appearance of the area and/or benefit the public, including: (a) The dedication and grading of a S2 acre linear view park; (b) Dedication and grading of a .28 acre consolidated view park; (c) The installation of a sidewalk and landscaping in the CalTrans right-of-way along the east side of Newport Boulevard, southerly of Hospital Road; (d) Installation of perimeter landscaping along the Pacific Coast Highway Frontage; (e) A binding commitment that there will be no increase in permitted floor area or the height of structures on the property for a period of 25 years; (f) An overall reduction in the amount of methane gas, hydrogen sulfide gas, and other gases, pursuant to the installation of a comprehensive gas collection, scrubbing and flaring system; (g) (h) (i) The conservation of energy through the use of collected gases for energy; A contribution to the delivery of recycled/reclaimed water to the West Newport Beach area; The completion of public improvements in Semeniuk Slough if a project acceptable to the resource agencies can be identified by the City. 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