HomeMy WebLinkAbout2008-28 - Hoag Hospital General Plan AmendmentRESOLUTION NO. 2008 -28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
APPROVING GENERAL PLAN AMENDMENT NO. 2007 -005 AMENDING
TABLE LU2 OF THE LAND USE ELEMENT FOR HOAG MEMORIAL
HOSPITAL PRESBYTERIAN, STATISTICAL AREA A3 (PA 2007 -073)
WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport
Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan
Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA
2007 -073) referred to as the Hoag Master Plan Update for the 38 -acre, Hoag Hospital campus
located at One Hoag Drive in the City of Newport Beach ( "Property"); and
WHEREAS, the application seeks approval of an amendment of Table LU2 of the Land
Use Element of the General Plan such that the development limit set for Anomaly Number 56
(Hoag Upper Campus) would be increased by a maximum of 225,000 gross square feet
provided that total development within Anomaly No. 57 (Hoag Lower Camus) is reduced by an
identical amount; and
WHEREAS, the Planning Commission held a public hearing on January 31, 2008,
February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission
considered the proposed amendment of the General Plan, the proposed amendment of the
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District
Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a
Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final
Environmental Impact Report No. 142 and the full administrative record. A notice of time,
place, and purpose of the hearing was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at the hearing. At the conclusion of the hearing and after considering the
evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian,
and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752
recommending certification of a Supplemental Final Environmental Impact Report (SCH#
19910071003) prepared for the application, and (2) Resolution No. 1753 recommending
approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan
Amendment No. 2007 -001 and Development Agreement Amendment No. 2007 -001 (PA
2007 -073); and
WHEREAS, the City Council held a noticed public hearing on April 16, 2008, to
consider the recommendation of the Planning Commission; and
WHEREAS, the City Council finds that:
1. The General Plan Amendment No. 2007 -005, as set forth in Exhibit "A," is consistent with
the General Plan Policy LU 6.1, which calls for, "A diversity of governmental, institutional,
educational, cultural, social, religious, and medical facilities that are available for and
enhance the quality of life for residents and are located and designed to complement
Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag
Hospital in its mission to provide adequate facilities to meet the needs of area residents.
Work with the Hospital to ensure that future development plans consider its relationship to
and assure compatibility with adjoining residential neighborhoods and mitigate impacts on
local and regional transportation systems." City of Newport Beach, Cal., General Plan
2006 Update, at 3 -63 and 3 -64 (July 25, 2006). General Plan Amendment No. 2007 -005 is
compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for
greater flexibility for development to meet the community's health care needs while not
impacting local or regional transportation networks as shown by the traffic impact analysis
prepared for the application and provides for increased noise mitigation between Hoag and
Villa Balboa.
2. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code
§ §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg.
§ §15000, et seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified
by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the
potential environmental effects associated with the Hoag Hospital Master Plan development
program. Final EIR No. 142 addressed potential environmental effects associated with the
phased reconstruction and development of the Upper Campus and the development of the
Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142,
Volume V), which was prepared in accordance with CEQA Guidelines §15163, provided
clarifications to the EIR and project, and was distributed before Final EIR No. 142 was
certified.
3. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared
in accordance with the provisions of the California Environmental Quality Act (CEQA), Public
Resources Code § §21000, et seq., and the State CEQA Guidelines, Califomia Code of
Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts of
the proposed changes to the Hoag Hospital Master Plan development program. The City
Council considered and certified the Supplemental Final Environmental Impact Report on
April 16, 2008 by adopting certain CEQA Findings of Facts and a Statement of Overriding
Considerations contained within Resolution No. 2008 -27, which are hereby incorporated by
reference.
WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to
be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit
thresholds have been exceeded and whether a vote by the public is required. In accordance
with Council Policy A -18, a voter approval is not required as the project represents no
increase in residential units, no increase in nonresidential floor area and no increases in peak
hour traffic trips.
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In addition,
project opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and bear
the responsibility for any costs, attorneys' fees, and damages which may be awarded to a
successful challenger.
NOW, THEREFORE, BE IT RESOLVED,
SECTION 1. the City Council of the City of Newport Beach does hereby approve
General Plan Amendment No. 2007 -005 by amending Table LU2 of the Land Use Element as
depicted in Exhibit "A ".
SECTION 2 The Planning Director is hereby directed to amend the official Land Use
Map to eliminate Anomaly Number 57 and to combine the Hoag Upper and Lower Campuses
under Anomaly Number 56.
SECTION 3. To the fullest extent permitted by law, Hoag shall indemnify, defend and
hold harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages, actions,
causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including without limitation, attorney's fees, disbursements and court costs) of every kind and
nature whatsoever which may arise from or in any manner relate (directly or indirectly) to
City's approval of this Amendment to Development Agreement No. 5 including, but not limited
to, the approval of the Planned Community Text and /or the City's related California
Environmental Quality Act determinations, the certification of the Supplemental Environmental
Impact Report, the adoption of a Mitigation Program, and /or statement of overriding
considerations for this Project. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding whether
incurred by Hoag, City, and /or the parties initiating or bringing such proceeding. Hoag shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in
enforcing the indemnification provisions set forth in this condition. The applicant shall pay to
the City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
SECTION 4. This resolution shall take effect immediately upon its adoption by the City
Council of the City of Newport Beach, and the Secretary to the City Council shall certify to the
vote adopting this resolution and shall cause a certified copy of this resolution to be filed.
PASSED, APPROVED, AND ADOPTED this 16th day of April 2008.
AYES, COUNCIL MEMBERS Henn, �osansky, Daigle, Webb, Curry,
Cardne`r;'Mayor Selich
NOES, COUNCIL MEMBERSu,,. A
ABSENT, COUNCIL MEMBERS None
ATTEST:
MAYOR
Exhibit "A"
The following changes to Table LU -2 of the Land Use Element of the General Plan
applies to the specified Anomaly Locations listed below only and the remainder of
Table LU -2 remains unchanged.
Table LL12
Anomaly
Locations
Anomaly
SfanlWa/
Land Use
Development
Number
Area
nation
limes (sf)
Deve tlimit Olheh
Additional inton Xd1on
In no event shall the total
1,343.238
990,349 sf Upper Campus
combined gross floor area of
56
A3
PI
both campuses exceed the
766,348
577,889 sf Lower Campus
development limit of
1,343,238 sq. ft.
57
A3
g4
577$@8
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2008 -28 was duly and regularly introduced before and adopted by
the City Council of said City at an adjourned regular meeting of said Council, duly and regularly
held on the 16th day of April 2008, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 17th day of April 2008.
(Seal)
i'
City Clerk
Newport Beach, California