HomeMy WebLinkAbout3.0_Hoag DA One-Year Extension_PA2020-065CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 9, 2020
Agenda Item No. 3
SUBJECT: Hoag Development Agreement One-Year Extension (PA2020-065)
Development Agreement No. DA2020-003
SITE LOCATION:1 Hoag Drive
APPLICANT: Hoag Memorial Hospital Presbyterian
OWNER: Hoag Memorial Hospital Presbyterian
PLANNER:Patrick Achis, Assistant Planner
949-644-3237, pachis@newportbeachca.gov
PROJECT SUMMARY
The City and Hoag Memorial Hospital Presbyterian (“Hoag”) entered into a Development
Agreement (“Agreement”) in 1994 to ensure the orderly development of the hospital over
time. On July 23, 2019, the City Council approved a third amendment to extend the 25-
year Term of the Agreement for an additional ten (10) years in exchange for certain
community benefits provided by Hoag. Hoag has requested a fourth amendment to
extend the Term of the Agreement for one (1) additional year in light of COVID-19-related
impacts that have constrained their ability to plan for the future development of the
hospital campus consistent with the amended Agreement. The Agreement grants Hoag
the vested right to develop the hospital campus consistent with an extensive set of
regulations and mitigation measures, all of which would remain unchanged by this
proposed fourth amendment.
RECOMMENDATION
1) Conduct a public hearing;
2) Find all significant environmental concerns for the proposed project have been
addressed in a previously certified Final Environmental Impact Report (EIR) and
Supplemental EIR, and that the City of Newport Beach intends to use said document
for the above noted project, and further that there are no additional reasonable
alternative or mitigation measures that should be considered in conjunction with said
project; and
3) Adopt Resolution No. PC2020-026 recommending City Council adoption of
Development Agreement No. DA2020-003 amending Amended and Restated
Development Agreement No. 5 to extend the Term of the Agreement by an additional
one (1) year (Attachment No. PC 1).
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Hoag Development Agreement One-Year Extension (PA2020-065)
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VICINITY MAP
GENERAL PLAN ZONING
Lower
Campus
Upper
Campus
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Hoag Development Agreement One-Year Extension (PA2020-065)
Planning Commission, July 9, 2020
Page 3
LOCATION GENERAL PLAN ZONING CURRENT USE
PROJECT
SITE Private Institutions (PI) Planned Community Hospital
NORTH
Multiple Residential (RM)
Medical Commercial Office (CO-M)
Private Institutions (PI)
PC (Versailles on the
Bluff Planned
Community)
APF (Administrative
Professional Office)
Residential condominiums
Medical offices
Residential care facility
SOUTH
Neighborhood Commercial (CN)
Multiple Residential (RM)
Single Unit Residential Detached
(RS-D)
General Commercial (CG)
RSC (Retail and
Service Commercial)
MFR (Multi-Family
Residential)
R-1 (Single Family
Residential)
RSC (Retail and
Service Commercial)
Neighborhood shopping
center
Multi-family residential
Single family residential
Vehicle rental/sales
Restaurant
EAST
General Commercial Office (CO-G)
Two Unit Residential (RT)
SP-9 (Old Newport
Boulevard Specific
Plan
R-2 (Two family
residential)
Business, medical and
professional offices
Residential
WEST
Multiple Unit Residential (RM)
Parks and Recreation (PR)
PC (Versailles on the
Bluff Planned
Community)
OS-A (Open Space
Active
OS (Open Space)
Residential condominiums
Open space – Sunset Ridge
Park
INTRODUCTION
Project Setting
Hoag Memorial Hospital Presbyterian (“Hoag”) is an existing facility located at 1 Hoag
Drive in the City of Newport Beach (“City”). The approximately 38-acre site, inclusive of
the Lower Campus (20.41 acres) and Upper Campus (17.57 acres), is generally bounded
by Hospital Road to the north, West Coast Highway to the south, Newport Boulevard to
the east, and residential development and open space to the west. Superior Avenue is
the closest major street to the west.
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Vehicular access to Hoag is provided at three locations. The Upper Campus can be
accessed from Hospital Road, which serves as the northern boundary of Hoag. The main
entrance is a signalized intersection located at the intersection of Hospital Road at
Placentia Avenue–Hoag Drive. A non-signalized secondary access, located on West
Hoag Drive, from Hospital Road into the Upper Campus, follows the western boundary of
Hoag. West Hoag Drive is gated to preclude vehicular access between 8:00 p.m. and
7:00 a.m. A second signalized intersection, located on West Coast Highway at Hoag
Drive, serves as the main entrance to the Lower Campus. Hoag Drive, South Hoag Drive,
and West Hoag Drive provide internal vehicular access throughout the hospital campus.
Surrounding land uses include the residential communities of Villa Balboa and Versailles,
both located to the north of the Lower Campus and west of the Upper Campus. Medical
offices and residential care facilities are located to the north of the Upper Campus across
Hospital Road. General commercial, offices, and residential uses are located to the east
across Newport Boulevard. Commercial and residential uses are located to the south of
the hospital campus across West Coast Highway. To the west of the Lower Campus on
either side of Superior Avenue is Sunset Ridge Park.
Background
Hoag was constructed in 1952 as a 75-bed, 50,000-square-foot facility. The complex has
undergone several major construction phases that have expanded and remodeled the
facilities. In 1979, the first Master Plan and EIR were prepared and approved for Hoag.
At the time the 1979 Master Plan was prepared, Hoag facilities were located solely on
what is now known as the Upper Campus. In June 1984, Hoag purchased the
approximate 22-acre Lower Campus from the State of California. In 1991, Hoag
constructed the Patty and George Hoag Cancer Center and a child care center on the
Lower Campus.
In 1992, the City certified the Hoag Hospital Master Plan Final EIR No. 142 certifying the
Hoag Hospital Master Plan and adopted both Planned Community regulations and
Development Agreement No. 5 (“Agreement”). The Planned Community Development
Plan (“PC Text”) is the Hoag Master Plan. In 1994, the City-approved Ordinance No. 94-
8 to readopt the Development Agreement to reflect the Coastal Commission’s approval.
The Term of the Agreement was 25 years from the effective date of the ordinance and
the agreement expiration date was March 16, 2019.
In 2008, the City approved changes to the Master Plan (“PC Text”) and Agreement to
allow more flexibility where existing entitled Hoag-related uses could be developed. The
2008 amendment did not extend the Term of the Agreement. The current PC Text and
Agreement are attached to this report for review (Attachment Nos. PC 3 and PC 4,
respectively).
On March 12, 2019, the City Council adopted Ordinance No. 2019-6 approving a second
amendment to the Agreement, which became effective on April 11, 2019. The second
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Hoag Development Agreement One-Year Extension (PA2020-065)
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amendment extended the Term of the Agreement for an additional six months, with an
expiration in September 2019. This modest extension was done to allow more time to
complete negotiations related to a longer extension of the term under consideration.
On July 23, 2019, the City Council adopted Ordinance No. 2019-12 approving a third
amendment to the Agreement (“Third Amendment”) that went into effect on August 22,
2019. The Third Amendment was executed and recorded, as document number
2019000318392, on August 27, 2019. The Third Amendment extended the Term of the
Agreement for an additional ten (10) years to September 15, 2029, in exchange for certain
community public benefits provided by Hoag. The existing development regulations and
required mitigation measures as provided in the Agreement and subsequent amendments
remained unchanged by the Third Amendment.
Hoag has requested a fourth amendment to extend the Term of the Agreement for one
(1) additional year in light of COVID-19-related impacts that have constrained their ability
to plan for the future development of the hospital campus consistent with the amended
Agreement. The existing development regulations and required mitigation measures as
provided in the Agreement and subsequent amendments remained unchanged by the
Fourth Amendment.
DISCUSSION
Hoag has worked diligently with the City throughout the Agreement Term to plan the
growth and development of the hospital campus. After the Third Amendment was granted
in 2019 to extend the Term an additional ten (10) years, planning efforts were
reinvigorated. Notwithstanding, COVID-19 has put an unprecedented strain on the
healthcare system, demanding Hoag’s full attention and action. Temporary closures in
the development industry resulting from COVID-19 have also reduced the time Hoag has
to act on the by-right development provisions of the Agreement within the Term provided.
Hoag intends to fully exercise development assurances provided by the Agreement and
they require one (1) additional year to account for the unforeseeable complications and
delay from COVID-19. Staff believes that should the request not be granted, Hoag might
divert its attention from COVID-19 to plan for future development. They might also incur
increased development costs and needless expenditure of time and resources because
long-term development plans would need to be reconstituted under a tighter future
timeframe.
Given the unpredictable nature of the pandemic and Hoag’s demonstrated good faith
compliance with the Agreement in the past, staff supports a recommendation to extend
the Term an additional one (1) year so Hoag is able to recover lost time. If the extension
is adopted by the City Council and executed, the Term of the Agreement would expire on
September 15, 2030.
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Environmental Review
In accordance with the California Environmental Quality Act (CEQA) (California Public
Resources Code §§21000, et seq.) and its implementing State regulations (CEQA
Guidelines) (14 California Code of Regulations §§15000, et seq.), the City of Newport
Beach prepared Final EIR No. 142, which was certified by the City of Newport Beach in
1992. Final EIR No. 142 was prepared to address the potential environmental effects
associated with the Hoag Hospital Master Plan development program.
A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was
prepared in accordance with the provisions of the California Environmental Quality Act,
Public Resources Code §§21000, et seq., and the State CEQA Guidelines, California
Code of Regulations §§15000, et seq. The purpose of the Supplemental EIR was to
analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan
development program. The City Council considered and certified the Supplemental Final
Environmental Impact Report on April 16, 2008, by adopting certain CEQA Findings of
Facts and a Statement of Overriding Considerations contained within City Council
Resolution No. 2008-27.
All significant environmental concerns for the proposed project have been addressed in
the previously certified Final Environmental Impact Report No. 142 (certified 1992) and
its Supplemental Final Environmental Impact Report (certified 2008). The proposed
Amendment to the Amended and Restated Development Agreement only extends the
Term of the Agreement and does not amend any development standards, development
requirements, or required mitigation measures identified in Final EIR No. 142 and the
Supplemental Final EIR (SCH No. 19910071003).
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
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ATTACHMENTS
PC 1 Draft Resolution
3&+RDJ([WHQVLRQ5HTXHVW/HWWHU
3&Hoag Memorial Hospital Presbyterian Planned Community Development Plan
(“PC Text”)
PC Amended and Restated Development Agreement No. 5 (“Agreement”)
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2020-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF A FOURTH AMENDMENT TO
THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN
DEVELOPMENT AGREEMENT (DA2020-003) FOR THE
PROPERTY LOCATED AT 1 HOAG DRIVE (PA2020-065)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On February 14, 1994, the City Council of the City of Newport Beach (“City”) adopted
Ordinance No. 94-8 approving Restated Development Agreement No. 5 (“Agreement”)
between the City and Hoag Memorial Hospital Presbyterian (“Hoag”). Ordinance No. 94-8
went into effect on March 16, 1994. The Agreement was executed and recorded, as
document number 94-0207276, on March 23, 1994. The term of the Agreement was twenty-
five (25) years.
2. On May 13, 2008, the City Council adopted Ordinance No. 2008-10 approving an
amendment to the Development Agreement (“Amendment”) that went into effect on June
12, 2008. The Amendment was executed and recorded, as document number
2008000289321, on June 17, 2008.
3. On March 12, 2019, the City Council adopted Ordinance No. 2019-6 approving a second
amendment to the Agreement (“Second Amendment”) that went into effect on April 11,
2019. The Second Amendment was executed and recorded, as document number
2019000188999, on June 3, 2019. The Second Amendment to the Agreement extended
the Term of the Agreement for an additional six (6) months.
4. On July 23, 2019, the City Council adopted Ordinance No. 2019-12 approving a third
amendment to the Agreement (“Third Amendment”) that went into effect on August 22,
2019. The Third Amendment was executed and recorded, as document number
2019000318392, on August 27, 2019. The Third Amendment extended the Term of the
Agreement for an additional ten (10) years in exchange for certain community public
benefits provided by Hoag. The existing development regulations and required mitigation
measures as provided in the Agreement and subsequent amendments remained
unchanged by the Third Amendment.
5. Hoag has requested a fourth amendment to extend the Term of the Agreement an additional
one (1) year in light of COVID-19-related impacts that have constrained the ability to plan
for the development allowed by the Agreement as amended (“Fourth Amendment”). The
existing development regulations and required mitigation measures as provided in the
Agreement and subsequent amendments remain unchanged by this Fourth Amendment.
6. Section 15.45.040 (Development Agreements) of the Newport Beach Municipal Code
(“NBMC”) requires that development agreements include the term, permitted uses, density 13
Planning Commission Resolution No. PC2020-026
Page 2 of 4
and intensity of development, maximum height and size of proposed buildings, and
provisions for reservation or dedication of land for public purposes. The Fourth Amendment
meets the requirements of Section 15.45.040 (Development Agreements) of the NBMC.
The Agreement, as amended, includes the permitted uses, density and intensity of
development, maximum height and size of the proposed buildings and provisions for
reservation or dedication of land for public purposes. None of those provisions are changed
by this Fourth Amendment. This Fourth Amendment exclusively requests a one (1) year
extension of the Term of the Agreement.
7. The Planning Commission held a telephonic public hearing on July 9, 2020, in the City
Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-
19, at which time the Planning Commission considered the Fourth Amendment. A notice of
time, place, and purpose of the hearing was given in accordance with California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”), California Government
Code Section 65867 and Section 15.45.050 (Public Hearing-Notice) of the NBMC.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at the hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
In accordance with the California Environmental Quality Act (“CEQA”) set forth in the California
Public Resources Code Section 21000, et. seq. and its implementing State regulations set forth
in the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”):
1. On May 11, 1992, the Newport Beach City Council certified Final Environmental Impact Report
(“FEIR”) and Supplemental Environmental Report (“SEIR”) No. 142 (SCH No. 1992101159)
that addressed the potential environmental effects associated with the Hoag Hospital Master
Plan development program (“Project”).
2. On April 16, 2008, the City Council certified a Supplemental FEIR (SCH No. 1991071003)
(“FEIR”) in accordance with Public Resources Code Section 21000, et seq. and the State
CEQA Guidelines to analyze the potential impacts of the proposed changes to the Hoag
Hospital Master Plan development program pursuant to Resolution No. 2008-27. The FEIR
and SEIR are incorporated herein by this reference.
3. All significant environmental concerns for the Project are addressed in previously certified
FEIR and SEIR No. 142. The Fourth Amendment does not change the Project but rather only
extends the Term of the Agreement by one (1) year to account for COVID-19 related impacts.
The Fourth Amendment does not amend any development standards, development
requirements, or required mitigation measures identified in FEIR No. 142 and the SEIR.
The Planning Commission finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, Project opponents often
seek an award of attorneys' fees in such challenges. As Project applicants are the primary
beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of
defending against any such judicial challenge, and bear the responsibility for any costs, attorneys'
fees, and damages which may be awarded to a successful challenger.
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SECTION 3. FINDINGS.
1. The Planning Commission finds the Fourth Amendment is consistent with the City of Newport
Beach General Plan Policy LU 6.1 and Strategy 6.1.5 by supporting Hoag in its mission to
provide adequate facilities to meet the needs of area residents and by working with Hoag to
ensure that future development plans consider its relationship to and assure compatibility with
adjoining residential neighborhoods and mitigate impacts on local and regional transportation
systems. The Agreement and subsequent amendments provide appropriate development
assurances to Hoag to plan for the future while also providing appropriate safeguards to
protect the community. The COVID-19 crisis has interrupted and delayed Hoag’s ability to plan
for the development authorized by the Agreement as amended. Extending the term of the
Agreement, as amended, by one (1) year furthers the LU 6.1 and Strategy 6.1.5 priorities by
allowing Hoag additional time to properly plan once the COVID-19 outbreak has been
suppressed.
2. The City Council previously found the Agreement and subsequent amendments consistent
with Section 15.45.040 (Contents) of the NBMC as it included all the necessary components
including the term, permitted uses, density and intensity of development, maximum height and
size of proposed buildings, and provisions for reservation or dedication of land for public
purposes when it adopted Ordinance 2008-10 in 2008. With the exception of the Term, all of
the other necessary components articulated above, remain unchanged by this Fourth
Amendment.
3. The Planning Commission finds the Fourth Amendment is consistent with provisions of
California Government Code Sections 65864 to 65869.5 and Chapter 15.45 (Development
Agreements) of the NBMC that authorize binding agreements that: (i) encourage investment
in, and commitment to, comprehensive planning and public facilities financing; (ii) strengthen
the public planning process and encourage private implementation of the local general plan;
(iii) provide certainty in the approval of projects in order to avoid waste of time and resources;
and (iv) reduce the economic costs of development by providing assurance to the property
owners that they may proceed with projects consistent with existing policies, rules, and
regulations. COVID-19 has put a strain on the healthcare system and demands Hoag’s full
attention as a regional provider treating those sick with the virus. Temporary closures in the
development industry resulting from COVID-19 have also effectively reduced the time Hoag
has to act on the by-right development provisions of the Term. If the one (1) year extension is
not granted, Hoag might divert its attention from COVID-19 to plan for future development.
They might also incur increased development costs and needless expenditure of time and
resources because long-term development plans would need to be reconstituted under a
tighter future timeframe. Hoag intends to exercise the development assurances of the Term
completely to invest vital healthcare infrastructure in the community, and needs one (1)
additional year to account for the unforeseeable complications from COVID-19.
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Planning Commission Resolution No. PC2020-026
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach, California hereby recommends to the
City Council:
1. All significant environmental concerns for the Project have been addressed in the Final
Environmental Impact Report (“FEIR”) and Supplemental Environmental Report
(“SEIR”) No. 142 (SCH No. 1992101159) and no new or additional impacts will result
from the Fourth Amendment. The Fourth Amendment does not change the Project but
rather only extends the term of the Agreement by one (1) year to account for COVID-
19 related impacts nor does it amend any development standards, development
requirements, or required mitigation measures identified in FEIR No. 142 and the SEIR.
2. Adopt the Fourth Amendment to Restated Development Agreement No. 5 between the
City of Newport Beach and Hoag Memorial Hospital Presbyterian to extend the term of
the amended Agreement by one (1) year. Except as modified by this Fourth
Amendment, the Planning Commission recommends the amended Agreement remain
in full force and effect.
PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF JULY, 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _________________________
Chair
BY: _________________________
Secretary
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Attachment No. PC 2
Hoag ([WHQVLRQ5HTXHVW/HWWHU
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PA2020-065
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Attachment No. PC 3
Hoag Memorial Hospital Presbyterian
Planned Community Development Plan
(“PC Text”)
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FINAL_Hoag_PC_041808a.DOC
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008-10
May 13, 2008
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Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
FINAL_Hoag_PC_041808a.DOC
TABLE OF CONTENTS
Page
Number
I. INTRODUCTION 1
II. GENERAL NOTES 2
III. DEFINITIONS 3
IV. DEVELOPMENTPLAN 5
V. DISTRICT REGULATIONS 10
VI. HOAG HOSPITALSIGNPROGRAM 21
VII. HOAG HOSPITALPARKING REGULATIONS 23
VIII. HOAG HOSPITALLANDSCAPEREGULATIONS 24
IX. SITE PLANREVIEW. 27
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LIST OF EXHIBITS
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP 7
2. VEHICULAR ACCESS 8
3. DEVELOPMENT CRITERIA 14
4. PROPOSED SOUND WALL LOCATION PLAN 19
5. LOADING DOCK AREA LOCATION 20
6. LANDSCAPE MATRIX 32
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN 33
8. COAST HIGHWAY LANDSCAPE SCREEN 34
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
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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.
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II. GENERAL NOTES
1. Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K-4
and K-5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire Department.
7. Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
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III. DEFINITIONS
Building Elevation:
1. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Envelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
3. As applied to new construction permits issued on or after August 13, 2002, area of a
building used specifically for base isolation and structural system upgrades directly
related to requirements of governmental agencies and is not for general or routine
occupancy; and
4. As applied to new construction permits issued on or after August 13, 2002, enclosed
rooftop mechanical levels not for general or routine occupancy.
First Aid: Low acuity medical treatment for non-life threatening situations.
General Plan: The General Plan of the City of Newport Beach and all elements thereof.
Grade: For the purpose of determining building height:
1. Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
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2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty-four (24) hour or more stays.
Landscape Area: The landscape area shall include on-site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or datum mark measuring land elevation using the average level of the
ocean between high and low tides.
Outpatient Uses: Hospital patient services which do not exceed twenty-four (24) hours.
Residential Care: Medically-oriented residential units that do not require the acuity level generally
associated with inpatient services but require overnight stays.
Site Area: For the purpose of determining development area:
1. Gross - parcel area prior to dedications.
2. Net - parcel area after dedications.
Streets: Reference to all streets or rights-of-way within this ordinance shall mean dedicated
vehicular rights-of-way.
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IV. DEVELOPMENT PLAN
Project Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
Sunset View linear and consolidated park and Villa Balboa Condominiums, west of Newport
Boulevard and east of Superior Avenue. It contains approximately 37.38 total acres, including 8,603
square feet of land encumbered by a roadway easement. The Lower Campus adjoins the Upper
Campus at its eastern boundary. The Upper Campus is, and will continue to be, oriented towards
inpatient functions, while the Lower Campus will be developed with predominantly outpatient,
residential care and support services.
Development Plan
The Planned Community Development Plan for Hoag Hospital is shown on Exhibit 1, Planned
Community Site and Boundary Map. Through the year 2017, many of the existing buildings shown
on the Development Plan for the Upper Campus may be redeveloped in order to functionally
respond to the needs of the Hospital and conform to the requirements of State agencies.
Access to the Lower Campus will be from West Coast Highway and from Hospital Road, via the
Upper Campus. Exhibit 2, Vehicular Access, shows the internal circulation for Hoag Hospital.
The Development Plan does not specify building locations or specific hospital-related uses. Instead,
a developable area is identified based on the regulations established for this Planned Community
District. Because of the dynamic nature of the health care industry which leads to rapid
technological changes that effect how health care services are delivered, the Development Plan for
Hoag Hospital sets development caps as a function of allowable densities established by the
Newport Beach General Plan.
The maximum allowable building area for Hoag Hospital, which encompasses both the Lower
Campus and the Upper Campus, is 1,343,238 square feet. Each Campus is also subject to a
maximum allowable building area limit: the maximum allowable building area for the Upper
Campus is 990,349 square feet; the maximum allowable building area for the Lower Campus is
577,889 square feet. Table 1, Building Area Statistical Analysis, provides a summary of allowable
square footage for both the Upper and Lower Campuses.
Implementation, Program EIR and Subsequent Project Specific Approvals
Hoag has acknowledged that the Environmental Impact Report prepared for the development and
implementation of the Hoag Master Plan pursuant to this Planned Community Development Plan
is a “Program EIR.” The City has prepared and certified two program Environmental Impact
Reports - Hoag Hospital Master Plan Final Program EIR (Final EIR No. 142) and a
Supplemental EIR for the Master Plan Update (SCH#1991071003). The EIRs analyze the
impacts of construction phased over time and, pursuant to CEQA, the City is under a continuing
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obligation to analyze Hoag’s requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag 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.
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TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS &UPPER CAMPUS BUILDING AREAS -
MAXIMUM ALLOWABLE:1,343,238SQUARE-FEET
Site Area
Allowable
Building Area Existing1
Net
Remaining
Maximum
Allowable UPPER CAMPUS 765,349 sq. ft. 765,349 sq. ft. 698,121 sq. ft. 67,228 sq. ft. 990,349 sq. ft. 2
LOWER CAMPUS 862,815 sq. ft. 577,889 sq. ft. 188,149 sq. ft. 389,740 sq. ft. 577,889 sq. ft. TOTALS1,618,164 sq. ft. 1,343,238 sq. ft. 886,270 sq. ft. 456,968 sq. ft. 1,343,238 sq. ft. 3
1 As of the date of adoption.
2 Up to 225,000 square-feet can be transferred from the Lower to the Upper Campus
3 Demolition of some existing structures on the Upper Campus will occur to ensure maximum square-feet will not
exceed 1,343,238 square-feet
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V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list. Other
hospital-related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
1. Lower Campus
a. Hospital facilities, including, but not limited to:
(1) Outpatient services:
(a) Antepartum Testing
(b) Cancer Center
(c) Skilled Nursing
(d) Rehabilitation
(e) Surgery Center
(f) Clinical Center
(g) Day Hospital
(h) Back and Neck Center
(i) Biofeedback
(j) Breast Imaging Center
(k) Dialysis
(l) EEG/EMG/NICE Laboratory
(m) First Aid Center
(n) Fertility Services
(o) G.I. Laboratory
(p) Magnetic Resonance Imaging
(q) Neurology
(r) Nuclear Medicine
(s) Occupational Therapy
(t) Pediatrics
(u) Pharmacy
(v) Physical Therapy
(w) Pulmonary Services
(x) Radiation Therapy
(y) Respiratory Therapy
(z) Sleep Disorder Center
(aa) Speech Therapy
(bb) Ultrasound
(cc) Urgent Care
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(2) Administration:
(a) Admitting
(b) Auxiliary Office
(c) Business Offices
(d) Information Desk
(e) Registration
(f) Patient Relations
(g) Social Services
(3) Support Services:
(a) Employee Child Care
(b) Health Education
(c) Power/Mechanical/Auxiliary Support and Storage
(d) Food Services
(e) Cashier
(f) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
(j) Laboratory
(k) Medical Library
(l) Medical Records
(m) Pharmacy
(n) Parking Facilities
4
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a) Substance Abuse
(b) Mental Health Services
(c) Extended Care
(d) Hospice Care
(e) Self or Minimal Care
(f) Congregate Care
(5) Medical/Support Offices
4 Parking structures or decks do not count toward square-footage
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b. Methane gas flare burner, collection wells and associated system
components.
c. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient uses including, but not limited to:
(a) Critical Care
(b) Emergency Department
(c) Birthing Suites
(d) Cardiology
(e) Cardiac Care Unit
(f) Intensive Care Unit
(g) Mother/Baby Unit
(h) Surgery
(i) Laboratory
(j) Pharmacy
(k) Patient Beds
(2) Outpatient services as allowed on the Lower Campus
(3) Administrative uses as allowed on the Lower Campus
(4) Support services as allowed on the Lower Campus
(5) Residential care as allowed on the Lower Campus
(6) Heliport (subject to Conditional Use Permit)5
b. Accessory uses normally incidental to hospital development.
c. Temporary structures and uses, including modular buildings.
5 Does not count toward square-footage
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B. Prohibited Uses
1. Lower Campus
a. Emergency Room
b. Heliport
c. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
2. Upper Campus
a. Conversion of mechanical or structural spaces to uses that allow general or
routine occupancy
C. Maximum Building Height
The maximum building height of all buildings shall be in accordance with Exhibit 3, Development
Criteria Plan, which establishes the following height zones:
1. Upper Campus Tower Zone - maximum building height not to exceed the existing
tower which is two-hundred thirty-five (235) feet above mean sea level.
2. Upper Campus Mid-rise Zone - maximum building height not to exceed one-
hundred forty (140) feet above mean sea level.
3. Upper Campus Parking Zone - maximum building height not to exceed eighty
(80) feet above mean sea level, exclusive of elevator towers.
4. Lower Campus Zone, Sub-Areas A, B, C, F and G - within each sub-area no
building shall exceed the height of the existing slope and conform to the range of
maximum building heights indicated by the development criteria shown on
Exhibit 3.
5. Lower Campus Zone, Sub-Areas D and E - maximum building height shall not
exceed the height of the existing Hoag Cancer Center which is fifty-seven and
one-half (57.5) feet above mean sea level.
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D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3.
1. Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafeteria/laboratory building to the points of
intersection with the easterly curb line of the existing service drive, then
continuing along said line of the existing service drive.
b. Lower Campus northern boundary, all of which will have a 20-foot minimum
building setback.
2. The setback on West Coast Highway easterly of the hospital entry signal shall be
fifteen (15) feet.
In addition, vertical articulation shall be required for buildings easterly of the
signal within one-hundred fifty (150) feet of the West Coast Highway frontage, as
follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one-hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
1st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the 1st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
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2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty-five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two-hundred fifty (250) linear feet in width. Additionally, 20% of
the linear frontage within one-hundred fifty (150) feet of West Coast Highway
shall be open and unoccupied by buildings.
10% of the linear length of Height Zones A and B as viewed from the existing
bicycle/pedestrian trail, exclusive of that area adjacent to the consolidated portion
of the view park, shall be maintained as view corridors between buildings.
These requirements may be altered for individual buildings, if requested by the
hospital, through the site plan review process defined in Section IX.
3. There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six-hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Lighting
The lighting systems shall be designed and maintained in such a manner as to shield the light source
and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared
and signed by a licensed Electrical Engineer.
F. Roof Treatment
Prior to the issuance of building permits, the project sponsor shall submit plans which illustrate that
major mechanical equipment will not be located on the roof of any structure on the Lower Campus.
Minor rooftop equipment, necessary for operating purposes, will comply with all building height
criteria, and shall be designed and screened to blend into the building roof using materials
compatible with roofing materials.
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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.
I. Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
J. Mechanical and Trash Areas
Prior to issuance of a building permit, the project sponsor shall submit plans to the City Planning
Department which illustrate that all mechanical equipment and trash areas will be screened from
public streets and immediately adjacent residential properties.
K. West Hoag Drive Circulation Limitations
The project sponsor shall continue to limit the use of that portion of West Hoag Drive adjacent to
residential uses located on the Upper Campus. Deliveries to loading areas shall not occur after
8:00 PM or before 7:00 AM daily. The project sponsor shall physically restrict access to the
roadway between these hours and appropriate signage indicating permitted delivery hours and
access limitations shall be installed and maintained at all times. Night time deliveries and
vehicular access to the loading area located along West Hoag Drive are allowed where critical
supplies, services or materials are necessary for the continued operation of the hospital.
L. Loading Dock
The project sponsor shall provide a sound wall along West Hoag Drive as shown in the approximate
location on Exhibit 4. Said wall shall be installed within 12 months of project approval, subject to
issuance of required permits. To the maximum degree feasible, the sound wall shall be
constructed to retain existing vegetation, which serves as a visual screen. Please refer to Section
VIII, D. for additional landscaping requirements related to the sound wall. Mitigation measures to
reduce the noise levels in the Loading Dock Area shall be incorporated into the design and
operations of the hospital; such mitigation shall include relocation of the trash compactor and baler,
limiting the hours of truck deliveries to the loading dock area, and enclosure of the trash compactor.
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M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area. Refer to Exhibit 5, Loading
Dock Area Location, for the location.
1. The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7 AM – 10 PM 10 PM – 7 AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
43
Existing Fence
LEGEND
Property Line
Easement Line
18.5’ High Wall
23’ High Wall
17’ High Wall
14’ High Wall
2
6
0
C
AGN
E
Y
280 CAGN
E
YW E
S
T
H
O
A
G
D
R
I
V
E
Sound Wall height measured from
NOTE: Sound Wall is approximately 470 Linear Feet.
adjacent roadway surface.
SOUND WALL LOCATION PLAN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN April 3, 2008 EXHIBIT 4 44
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VI. HOAG HOSPITAL SIGN PROGRAM
A. Purpose and Intent
1. The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on-building wall and ground-mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
1. All signs visible at the exterior of any building or facility of the Hospital, ground-
mounted or on-building, may be illuminated or non-illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
3. All signs together with the entirety of their supports, braces, guys, anchors,
attachments and decor shall be properly maintained, legible, functional and safe
with regard to appearance, structural integrity and electrical service.
4. All street signs shall be subject to review and approval of the City Traffic
Engineer, and shall be in compliance with Ordinance 110-L.
5. For purposes of this section, a building shall be defined as any occupied structure
or any occupied portion of a structure that is constructed as an addition to an
existing structure and identified as a separate building for way finding purposes.
Individual building numbers uniquely define the buildings on the Hoag campus.
C. Number of Signs Allowed
1. One (1) double-faced primary identification ground-mounted sign or two (2)
single-faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid-point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
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boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (8) feet average height
above finished grade. In the case of a sign occurring upon a slope, the average
height shall be established by measuring the sign height at the mid-point of the
sign length perpendicular to the slope direction. Maximum sign area shall not
exceed seventy (70) square feet.
3. Secondary building and entrance identification signs shall be allowed. If
freestanding, this sign type shall not exceed a maximum height of nine (9) feet
average height above finished grade. In the case of a sign occurring upon a slope,
the average height shall be established by measuring the sign height at the mid-
point of the sign length perpendicular to the slope direction. Maximum sign area
shall not exceed fifty (50) square feet whether freestanding or wall-mounted.
4. Vehicular and pedestrian directional signs shall be allowed. This sign type may
occur as a single-faced, double-faced, or triple-faced sign. The sign shall be sized
to allow for proper readability given the number of lines of copy, speed of traffic,
setback off the road and viewing distance. This sign type shall not exceed a
maximum height of eleven (11) feet average height above finished grade.
5. Donor recognition signage shall be allowed, one (1) at each building elevation.
Maximum sign area shall not exceed one hundred seventy-five (175) square feet
for donor recognition signage.
6. Hospital identification signs shall be allowed upon hospital towers, one (1) at
each elevation. The maximum sign area shall not exceed two hundred seventy-
five (275) square feet. Any hospital identification signage on the elevation facing
west (Villa Balboa property line) may not be illuminated.
7. On the Lower Campus, two (2) building-mounted identification signs will be
allowed per structure and shall not be placed so as to directly face the Villa
Balboa property. Such signs shall adhere to the requirements above for secondary
building and entrance identification signage and shall be no higher than the roof
line of the building upon which they are mounted.
8. Each public parking structure shall be allowed one (1) identification sign above
each entrance and exit of the structure. The maximum sign area of each
identification sign shall not exceed thirty (30) square feet. Adjacent regulatory
parking signage does not count toward the maximum sign area.
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VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off-street parking for Hoag Hospital shall be provided on-site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
3. Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter from the engineer stating that the
requirements have been met. The lighting plan shall be subject to review and
approval of the City Planning Department.
B. Requirements for Off-Street Parking
Parking requirements for specific sites shall be based upon the parking criteria established in Table
2. All parking shall be determined based upon the area allocated to the use categories.
TABLE 2
PARKING REQUIREMENTS
Use Category Parking Requirements
Outpatient Services 2.31 spaces/1,000 square feet (1)
Support 0.0 spaces/1,000 square feet (1)(2)
Administrative 5.3 spaces/1,000 square feet (1)
Residential Care 1.0 spaces/1,000 square feet (3)
Medical Offices 4.0 spaces/1,000 square feet (3)
Inpatient 2.35 spaces/1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linscott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001-002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
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VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
1. Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty-four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (1) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
7. Emphasis shall be placed on the use of native, drought-tolerant, non-invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over-watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
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B. Maintenance
1. All planting areas are to be kept free of weeds and debris and cultivated as
necessary to maintain.
2. Lawn and ground cover areas are to be kept trimmed and/or mowed regularly.
3. All plantings are to be kept in a healthy and growing condition. Fertilization,
cultivation and tree pruning are to be carried out as part of a regularly scheduled
annual maintenance program.
4. Irrigation systems are to be kept in good working condition at all times. On-
going monitoring, adjustments and cleaning of systems are to be part of regular
maintenance procedures.
5. Stakes, guys and tree ties on trees should be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling of branches
or central leaders.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be
corrected within thirty (30) days.
7. Plantings and irrigation are to be maintained in accordance with the approved
plans.
C. Special Landscaped Street
West Coast Highway is designated in the Hoag Hospital Planned Community as a special
landscaped street. A fifteen (15) foot building setback from right-of-way/property line is required
along West Coast Highway. Only driveways, parking and signage structures are allowed in the
setback areas. Parking areas shall be screened from view of West Coast Highway with landscaped
berms.
Landscaping along West Coast Highway shall consist of trees, ground cover and shrubbery. All
unpaved areas not utilized for parking or circulation shall be landscaped in a similar manner.
Installed trees are to be no smaller than twenty-four (24) inch box.
D. Villa Balboa Landscape Zone
The area between the Hoag property line and the sound wall will be referred to as the Villa
Balboa Landscape Zone. This portion of the Hoag Hospital property will have a specific
landscape process to ensure consultation with Villa Balboa on the planting and maintenance of
the area. Existing landscaping on Villa Balboa’s side of the wall shall be preserved to the extent
feasible or replaced with specimen plant material as designated on a plan to be approved by the
Planning Director after consultation with the Villa Balboa Community Association. The plan
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shall also include sufficient additional landscaping to screen or soften the soundwall required
pursuant to Section V.L. Hoag shall maintain all landscaping on Hoag’s property and to the
extent new plant material is installed as a result of wall construction by Hoag on the Villa Balboa
property adjacent to the Villa Balboa Landscape Zone (with their permission), Hoag shall
maintain such new plant material on Villa Balboa’s property for a period of two years after
installation to ensure healthy growth. All landscape installation shall occur within 45 days of the
completion of the wall or earlier. Any future modifications made to said wall and landscaping
shall be reviewed and approved by the Planning Director.
E. Parking Areas
A minimum of 5% of the surface parking areas shall be devoted to planting areas. Planting areas
around building shall not be included in parking area landscape calculations. Planting of trees may
be in groups and need not be regularly spaced. Alternative landscape programs may be developed,
including perimeter parking area landscaping, berming and depressing of parking areas to provide
additional screening. Alternative landscape programs shall be subject to the review of the Newport
Beach Planning Department.
A rooftop landscaping program shall be developed for parking structures and rooftop parking
proposed for the Lower Campus and shall be subject to the review and the approval of the Newport
Beach Planning Department.
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IX. SITE PLAN REVIEW
A. Purpose
The City Council finds that development on the Lower Campus of Hoag Hospital may have the
potential to affect the aesthetics of the community. The effect of this section is to establish a Site
Plan Review requirement for certain individual projects - to insure that these projects conform
with the goals and policies of the General Plan, provisions of this Planned Community
Development Plan, the Development Agreement and the standards set forth below in sub-section
F. The following classifications of projects are subject to the Site Plan Review:
Planning Commission review:
1. Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director’s review:
1. Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
3. Replacement of existing cooling towers, except for casualty.
B. Findings
The City finds, determines and declares that the establishment of Site Plan Review procedures
contained in this section promotes the health, safety, and general welfare of the community by
ensuring that the development of Hoag Hospital proceeds in a manner which will not result in
inadequate and poorly planned landscape areas, excessive building bulk on arterial roadways,
inappropriate placement of structures and impairment of the benefits of occupancy and use of
existing properties in the area.
C. Application
Site Plan Review approval shall be obtained for any new structure or the addition to an existing
structure, as outlined in Section IX.A above, prior to the issuance of a grading or building permit or
issuance of an approval in concept for Coastal Commission or Office of Statewide Health Planning
and Development review.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning Commission for approval:
52
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
FINAL_Hoag_PC_041808a.DOC 28
1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off-street parking and off-street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off-street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
3. Grading plans when necessary to ensure development properly related to the site
and to surrounding properties and structures.
4. Scale drawings of exterior lighting showing size, location, materials, intensity and
relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing all
elevations of the proposed buildings and structures as they will appear upon
completion.
6. Any other plans, diagrams, drawings or additional information necessary to
adequately consider the proposed development and to determine compliance with
the purposes of this chapter.
E. Fee
The applicant shall pay a fee as established by Resolution of the City Council to the City with each
application for Site Plan Review under this chapter.
F. Standards
In addition to the general purposes set forth in sub-section A, in order to carry out the purposes of
this chapter as established by said section, the Site Plan Review procedures established by this
Section shall be applied according to and in compliance with the following standards, when
applicable:
1. The development is in compliance with all other provisions of the Planned
Community Development Criteria and District Regulations (P-C Text);
2. Development shall be compatible with the character of the neighborhood and
surrounding sites and shall not be detrimental to the orderly and harmonious
development of the surroundings and of the City;
3. Development shall be sited and designed to maximize the aesthetic quality of the
project as viewed from surrounding roadways and properties, with special
53
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
FINAL_Hoag_PC_041808a.DOC 29
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public Hearing - Required Notice
A public hearing shall be held on all Site Plan Review applications. Notice of such hearing shall be
mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the
last equalized assessment roll or, alternatively, from such other records as contain more recent
addresses, to owners of property within a radius of three hundred (300) feet of the exterior
boundaries of the subject property. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this Section. In addition to the
mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to
the property at least ten (10) days prior to the hearing.
H. Action by the Planning Director
If all applicable standards established by this Section are met, the Planning Director shall approve
the development. Conditions may be applied when the proposed development does not comply with
applicable standards and shall be such as to bring said development into conformity.
If the development is disapproved, the Director shall specify the standard or standards that are not
met.
A Site Plan Review decision of the Planning Director shall be subject to review by the Planning
Commission either by appeal, or upon its own motion, or upon the request of the Planning Director.
The action of the Planning Director on any Site Plan Review shall be final and effective twenty-one
(21) days following the Director’s action thereon unless, within the twenty-one (21) day appeal
period an appeal in writing has been filed by the applicant, or any other person, the Planning
Director has requested a review of its decision, or unless the Planning Commission, not more than
twenty-one (21) days after the Director’s action, on its own motion, elects to review and act on the
action of the Director, unless the applicant consents to an extension of time. The Planning
Commission may affirm, reverse or modify the decision. Such action by the Planning Commission
shall be final, unless subsequently appealed or reviewed.
I. 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.
54
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
FINAL_Hoag_PC_041808a.DOC 30
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty-one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
J. Appeal to the City Council
Any Site Plan Review decision of the Commission may be appealed to the City Council by the
applicant or any other person, at any time within twenty-one (21) days after the date of the
Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in
duplicate, with the Planning Department. Such letter shall set forth the grounds upon which the
appeal is based and shall be accompanied by a fee as established by Resolution of the City Council.
K. Action by the City Council
An appeal shall be heard and acted on by the City Council within sixty (60) days of filing a letter of
appeal, and the City Council may affirm, reverse or modify the decision of the Commission. The
decision of the City Council is final.
L. Expiration and Revocation of Site Plan Review Approvals
1. Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty-four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
55
LANDSCAPE MATRIX HOAG HOSPITAL LOWER CAMPUS Prepared 4/15/2008
Location Area Description Landscape Element Schedule
Government/Agency
Status
Anticipated
Outcome / Effect
Add 5, 48" box evergreen screen trees and new
irrigation Nov 2007 Installed Project completed
Screen/soften views of west
end of Co Gen Building
From PCH
Add 3, 48" box evergreen screen trees and new
irrigation
To commence May 2008.
Install completion July
2008.
Coastal Comm. Approved 2/08 Added screening of Co Gen
Flare
Attach metal green screen lattice structure to
cover east building elevation
To commence May 2008.
Install completion July
2008.
Coastal Comm. Approved 2/08 Screen/soften specific views of
Co Gen Building
Plant flowering vines to cover green screen
To commence May 2008.
Install completion July
2008.
Coastal Comm. Approved 2/08 Screen/soften specific views of
Co Gen Building
Additional shrubs, groundcover and new
irrigation system added upon completion of wall
project.
Nov 2007 Installed Project completed
Added visual quality and
erosion control
24 trees, shrubs and groundcover plantings and
new water conserving irrigation system Nov 2007 Installed Project completed
Added campus visual quality
screening and erosion control
Installed as part of Lower Campus Wall Project
8, 24" box evergreen screen trees Nov 2007 Installed Project completed
Screen and soften views of
retaining wall
Installed as part of Lower Campus Wall Project
12, 36" box flowering trees and 4 fan palm
trees and irrigation system at end islands Nov 2007 Installed Project completed
Soften views of open parking lot
areas
Installed as part of Lower Campus Wall Project Increased shade and visual
enhancement to parking area
Area 7a - West
Parking Area Islands Tree planting Install 23, 36" box flowering trees and 3 fan
palm trees
Installed no later than Dec
2009
Installation shall commence no later
than 60 days of CDP issuance by
the Coastal Comm
Soften views of open parking lot
areas and increase shade and
visual enhancement to parking
areas.
Area 8 - Top Of
Retaining Wall
Flowering bougainvillea
shrub planting
550, bougainvillea shrubs installed as part of
Lower Campus Wall Project Nov 2007 Installed Project completed
Colorful edge definition and
softening of views along top of
retaining wall
Area 9 - North Slope
above Retaining Wall
Regrade area add
fence shrub and
groundcover planting
Shrubs, groundcover, fencing and new irrigation
system
Installed no later than Dec
2009
Installation shall commence no later
than 120 days of CDP issuance by
the Coastal Comm
Enhanced overall campus
visual quality, safety and
erosion control
Area 10 - New Child
Care Facility
Additional trees shrubs
& groundcover planting
17 trees, shrubs and groundcover and new
irrigation system Dec 2007 Installed Project completed
Added Visual Quality, Parking
area screening and building
drop off and entry area
definition
Area 11 - Lower
Campus Utility
Upgrade Project
Replace trees, shrub
and groundcover and
enhance planting areas
Trees, shrub & groundcovers and new irrigation
system
Installation schedule Dec.
2009
Pending city approval in concept
and Coastal Comm Approval
Improve & unify campus
planting character along PCH
frontage after utilities installed
Area 12 - PCH Green
Screen
Additional green screen
and tree/shrub planting
Install approx. 870 linear feet of green screen
along PCH frontage
Installed no later than Dec
2009
Immediately upon issuance of an
Approval in Concept (AIC) by the
City of Newport Beach an
application shall be submitted for
said improvements to the Coastal
Comm.
Construction of said improvements
shall be completed no later than 18
months after CDP issuance by the
Coastal Comm.
Screen views of west parking
Lot from PCH
Area 13 - Future
Parking Lot at base of
Wall Behind ATP
Bldg.
Temporary native
hydroseed
groundcover Planting
Add coastal wild flower and grass Hydroseed
planting until permanent parking lot with
landscape improvements added.
Hydroseed and irrigation
Installed Dec 2007 Hydroseed and irrigation completed
Erosion/dust control and
enhanced visual quality
pending future parking area
installation
Color Code Indicating Current Project Status
Green Indicates current improvements that have been
installed per previous approvals
Yellow Indicates improvements Installed but not apart
of required permits
Orange Indicates improvements in design phase yet to
be submitted for city or agency approvals
Aqua Indicates Improvements proposed but not
approved for installation
R/Hdo Ltd. 1/15/08
Revised 4/15/08 for City
Council Meeting
Area 1 - Co Gen
Area 2 - Co Gen
Additional tree planting
per community request
Additional tree planting
per community request
Hoag Lower Campus Hoag Lower Campus Clean up and regrade
area with added shrub
and groundcover
planting
Tree shrub and
groundcover planting
Add green screen
lattice per community
request
Trees and shrub
planting
Area 4 - Co Gen Slope
Behind Trailers
Area 5 - Co Gen Slope
Area 3 - Co Gen
Area 6 - Retaining
Wall base at West
Parking Lot
Area 7 - West Parking
Area Islands Tree plantingHoag Lower Campus 1 4/16/2008
Exhibit #6 31
56
Exhibit #73257
Exhibit #8 3358
Attachment No. PC 4
Amended and Restated Development
Agreement No. 5 (Agreement”)
59
INTENTIONALLY BLANK PAGE60
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder’s Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Newport Beach and is exempt
from the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.
FOURTH AMENDMENT TO RESTATED DEVELOPMENT
AGREEMENT NO. 5
BETWEEN
THE CITY OF NEWPORT BEACH
AND
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
(Pursuant to California Government Code Sections 65864-65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved BB, 2020
Ordinance No. 2020-__
61
1
FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
(Pursuant to California Government Code sections 65864-65869.5)
This FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.
5 (“Fourth Amendment”) is entered into and effective on the date it is recorded with the Orange
County Recorder (“Effective Date”) by and between the CITY OF NEWPORT BEACH, a
California municipal corporation (“City”), on the one hand, and HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public benefit corporation (“Hoag”), on the other. City
and Hoag are sometimes collectively referred to in this Fourth Amendment as the “Parties” and
individually as a “Party.”
RECITALS
A. Hoag is the fee owner of approximately thirty-eight (38) acres of real property
located in the City of Newport Beach, County of Orange, State of California, located at 1 Hoag
Drive (Assessor Parcel Nos. 423-011-30, 423-011-28), (“Property”). The Property is more
particularly described in the legal description attached hereto and as Exhibit A and incorporated
herein by reference, and as more particularly depicted as attached hereto in Exhibit B and
incorporated herein by reference.
B. City and Hoag entered into that certain Development Agreement Between the City
of Newport Beach and Hoag Memorial Hospital Presbyterian dated February 14, 1994, for
reference purposes and recorded in the Official Records of Orange County on March 23, 1994, as
document number 94-0207276 (“Agreement”) attached hereto as Exhibit C with a twenty-five
(25) year Term of the Agreement.
C. City and Hoag entered into that certain Amendment to Restated Development
Agreement No. 5 dated June 17, 2008, and recorded in the Official Records of Orange County on
the same date, as document number 2008000289321 (“Amendment”) attached hereto as Exhibit
D which incorporated references to a Supplemental EIR and amendment to the General Plan, an
increase in public benefits, designation of the City as the point of sale to the extent allowed under
applicable law, and amendments to the Hoag Hospital Planned Community Text.
D. City and Hoag entered into that Second Amendment to Restated Development
Agreement No. 5 and recorded in the Official Records of Orange County on June 3, 2019, as
document number 2019000188999 (“Second Amendment”) attached hereto as Exhibit E which
extended the Term of the Agreement for an additional six (6) months.
E. City and Hoag entered into that Third Amendment to Restated Development
Agreement No. 5 and recorded in the Official Records of Orange County on August 27, 2019, as
document number 2019000318392 (“Third Amendment”) attached hereto as Exhibit F which
extended the Term of the Agreement for an additional ten (10) years.
F. City and Hoag now wish to enter into that Fourth Amendment to Restated
Development Agreement No. 5 (“Fourth Amendment”) extending the term. The Agreement,
Amendment, Second Amendment, Third Amendment and Fourth Amendment may
collectively be referred to herein as “Amended Agreement.”
62
2
G. On July 9, 2020, due to COVID-19, the Planning Commission held a noticed public
hearing on this Fourth Amendment and considered the testimony and information submitted by
City staff, Hoag, and members of the public. Consistent with applicable provisions of the
Development Agreement Statute and Ordinance, the Planning Commission adopted Resolution
No. PC2020-026, recommending the City Council approve this Fourth Amendment.
H. On ______, 2020, the City Council held a noticed public hearing on this Fourth
Amendment and considered the testimony and information submitted by City staff, Hoag, and
members of the public. On _______, consistent with applicable provisions of the Development
Agreement Statute and Ordinance, the City Council held second reading and adopted Ordinance
No. 2020-__ approving this Fourth Amendment.
I. This Fourth Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General Plan’s designation of the Property as “Private
Institutions - PI,” Ordinance No. 2007-6, entitled “Ordinance Amending Chapter 15.45 of City of
Newport Beach Municipal Code (“NBMC”) Regarding Development Agreements” that amended
the terms of NBMC Section 15.45 (the “Development Agreement Statute and Ordinance”), the
Agreement, Amendment, Second Amendment and Third Amendment.
J. In recognition of the significant public benefits provided in the Amended
Agreement, and the fact that the one (1) year extension is requested as a result of delays due to
COVID-19, the City Council has found that this Fourth Amendment: (i) is consistent with the City
of Newport Beach General Plan as of the date of the Agreement, Amendment, Second
Amendment, Third Amendment, and this Fourth Amendment; (ii) is in the best interests of the
health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant
to, and constitutes a present exercise of, City’s police power; (iv) is consistent and has been
approved consistent with the final Environmental Impact Report (FEIR No. 142) (“FEIR”) and
the supplemental Environmental Impact Report (EIR No. ER2007-003) (SCH#1991071003)
(“EIR”) that have been certified by the City Council on or before the date of approval, which
analyzed the environmental effects of the proposed development of the project on the Property,
and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is
consistent and has been approved consistent with provisions of California Government Code
section 65867 et. seq. and Chapter 15.45 of the NBMC.
AGREEMENT
NOW, THEREFORE, City and Hoag agree as follows:
1.Term of Agreement. Section 6.3 of the Amended Agreement is hereby amended
in its entirety to read as follows:
“Term of Agreement. The term of this agreement (the “Term”) shall begin on the
Effective Date and continue until September 15, 2030, unless otherwise terminated
or modified pursuant to its terms.”
63
3
2.Full Force and Effect. Except as modified by this Fourth Amendment, the
Amended Agreement, attached hereto as Exhibit C, Exhibit D, Exhibit E, and Exhibit F,
respectively, are incorporated into this Fourth Amendment and shall remain in full force and effect.
3.Recitals. The Recitals set forth above are true and correct and incorporated herein
by reference.
4.Counterparts. This Fourth Amendment may be signed by the Parties in different
counterparts and the signature pages combined shall create a single document binding on all
Parties.
5.Recordation. The City Clerk of City shall record this Fourth Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.100.
[SIGNATURE PAGE FOLLOWS]
64
4
SIGNATURE PAGE TO
FOURTH AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
CITY:
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city
By:
Will O’Neill, Mayor
ATTEST:
By:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
By:
Aaron C. Harp, City Attorney
HOAG:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN,
a California nonprofit public benefit corporation
By:
Name: Sanford Smith, AIA
Title: Senior Vice President Real Estate & Facilities
By:
Name: Andrew Guarni
Title: Senior Vice President and Chief Financial
Officer
(All Signatures to Be Notarized)
Attachments -
Exhibit A: Legal Description
Exhibit B: Legal Depiction
Exhibit C: Development Agreement dated February 14, 1994
Exhibit D: Amendment to Restated Development Agreement No. 5 dated June 17, 2008
Exhibit E: Second Amendment to Restated Development Agreement No. 5
Exhibit F: Third Amendment to the Restated Development Agreement No. 5
65
5
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public,
personally appeared _______________________________________________, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public,
personally appeared _______________________________________________, proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
66
6
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public,
personally appeared _______________________________________________, who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public,
personally appeared _______________________________________________, proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
67
C1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of
Miscellaneous Maps, Records of Orange County, California.
68
C1
EXHIBIT B
LEGAL DEPICTION OF THE PROPERTY
69
70
C1
EXHIBIT C
DEVELOPMENT AGREEMENT DATED FEBRUARY 14, 1994
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
D1
EXHIBIT D
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
DATED JUNE 17, 2008
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
-D1-
EXHIBIT D
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172 in Block 1 of Irvine
Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of
Orange County, California.
Parcel 2:
That portion of Lot 172 of Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of
Miscellaneous Maps, Records of Orange County, California.
190
-E1-
EXHIBIT E
DEPICTION OF PROPERTY
191
192
193
194
195
Page
6/13/20196/12/2019 v2 -F1 6655-100442\1238697.1
EXHIBIT F
MELINDA HOAG SMITH CENTER FOR HEALTHY LIVING AGENCY PARTNERS
196
197
198
199
200
E1
EXHIBIT E
SECOND AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
201
202
203
204
205
206
207
208
209
F1
EXHIBIT F
THIRD AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
210
211
212
213
214
215
216
217
July 9, 2020, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. HOAG DEVELOPMENT AGREEMENT ONE -YEAR
EXTENSION (PA2020 -065)
Without bookmarks, the PDF version of the staff report is a bit difficult to navigate, containing,
as it does, voluminous attachments, including exhibits within exhibits.
According to Section 4.2 of the proposed resolution (handwritten page 16), staff is asking the
Planning Commission to recommend the City Council “Adopt the Fourth Amendment to
Restated Development Agreement No. 5 ,” whose purpose, the PC is assured, is to “extend the
term of the amended Agreement by one (1) year.”
The document being considered for adoption appears to be Attachment PC 4 (Amended and
Restated Development Agreement No. 5 (“Agreement”)) starting on handwritten page 59.
In that document:
1.In paragraph “G” at the top of handwritten page 63, the intent of the phrase “due to
COVID-19” is not obvious to me. If anywhere, it might belong at the beginning of
paragraph “F” on the preceding page, as an explanation of why a Fourth Amendment is
being considered. I would suggest moving it.
2.In paragraph “2” at the top of handwritten page 64, the phrase “…, respectively, …”
makes absolutely no sense to me. Unless someone understands what it means, I would
suggest it be deleted.
Further, in Section 3.3 of the proposed resolution (handwritten page 15), the capitalized word
“Term” appears to have been inserted where some other word was in tended – likely,
“Agreement.”
As to the merit of the request:
1.For those who attend City Council meetings, there is significant disson ance between the
claim in Section 3.3 of the resolution that “COVID-19 has put a strain on the healthcare
system and demands Hoag’s full attention as a regional provider treating those sick with
the virus” and the rosy reports conveyed via the Council members. With the exception of
Council member Herdman (who seems to have received an opposite report), far from
saying COVID-19 has demanded Hoag's full attention, they say Hoag doctors and
administrators have told them it has had the opposite effect: the number of COVID-19
patients treated has been extremely small and with others scared away, the hospital has
been operating at a fraction of its normal capacity.
2.The assertion in the same subsection that “Temporary closures in the development
industry resulting from COVID-19 have also effectively reduced the time Hoag has to act
on the by-right development provisions of the Term” (note the strange use of the word
Planning Commission - July 9, 2020
Item No. 3a Additional Materials Received
Hoag DA One-Year Extension (PA2020-065)
July 9, 2020, PC agenda Item 3 comments - Jim Mosher Page 2 of 2
“Term”) would seem to offer a more plausible reason for an extension request. That
Hoag might want time to rethink its future plans seems even more plausible.
3. To me, it seems a bit misleading to characterize this request as simply an extension,
with no other consequences. It seems to me to extend the protection of Hoag’s
entitlements by an extra year without any reciprocal increase in the public benefit
payment normally required to protect those entitlements.
a. The Third Amendment the present proposal would be extending by a year is
found starting on handwritten page 210.
b. It includes in paragraph “a” on handwritten page 214, a commitment to pay
annual installments of $300,000, for protecting the entitlements.
c. It would seem reasonable to expect an extra $300,000 for an extra year of
protection.
4. Finally, if an amendment to the Agreement is being considered, it would seem
reasonable to recommend a reconsideration of the paragraph just referred to. It appears
to obligate the Council to using the $300,000 to pay a community partner designated by
the “Newport Beach Homeless Task Force” for running a homeless shelter. Not only is
the Homeless Task Force no longer the public body it was at the time the paragraph was
written, but I think the Council has had second thoughts as to whether it will actually be
hosting a homeless shelter of its own. It might want flexibility to use the money for some
other public benefit.
Planning Commission - July 9, 2020
Item No. 3a Additional Materials Received
Hoag DA One-Year Extension (PA2020-065)