HomeMy WebLinkAbout2008-10 - Amending A Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. 2007-001)ORDINANCE NO. 2008 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND HOAG
MEMORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT
AGREEMENT AMENDMENT NO. 2007 -001)
WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of
Newport Beach for General Plan Amendment No. 2007 -005, Planned Community
Development Plan Amendment No. 2007 -001 and Development Agreement
Amendment No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update
that would apply to 38 -acre, Hoag Hospital campus located at One Hoag Drive in the
City of Newport Beach ( "Property"); and
WHEREAS, In 1994, the City and Hoag Memorial Hoapital Presbyterian entered
into a Development Agreement that provides for the orderly use and development of the
Property while providing public benefits; and
WHEREAS, Newport Beach Municipal Code Section 15.45.040 requires that
development agreements include the term, permitted uses, density and intensity of
development, maximum height and size of proposed buildings, and provisions for
reservation or dedication of land for public purposes; and
WHEREAS, as part of its application, Hoag Memorial Hospital Presbyterian
requests approval of an amendment to the Development Agreement to allow
modifications to the use and future development on the Property; and
WHEREAS, the amended Development Agreement was prepared and is
attached as Exhibit "A."
WHEREAS, during the term of the amended Development Agreement, Hoag
Memorial Hospital Presbyterian shall have a vested right to develop the Property
subject to the terms and conditions of the amended Development Agreement, the
provisions of the Hoag Memorial Hospital Presbyterian Planned Community
Development Criteria and District Regulations and the California Environmental Quality
Act (CEQA); and
WHEREAS, Hoag Memorial Hoapital Presbyterian has agreed to provide public
benefits as consideration for the amendment of the Development Agreement, including
the payment of three million dollars ($3,000,000) for City public facility improvements,
designation of the City as the point of sale for hospital purchases; and
WHEREAS, the Planning Commission held a public hearing on January 31,
2008, February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the
Planning Commission considered the proposed amendment of the General Plan, the
proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community
Development Criteria and District Regulations, a proposed amendment of the Hoag
Hospital Development Agreement and a Supplemental Environmental Impact Report to
the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full
administrative record. A notice of time, place, and purpose of the hearing was given in
accordance with the Municipal Code. Evidence, both written and oral, was presented to
and considered by the Planning Commission at the hearing. At the conclusion of the
hearing and after considering the evidence and arguments submitted by the City staff,
Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning
Commission adopted; (1) Resolution No. 1752 recommending certification of a
Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for
the application, and (2) Resolution No. 1753 recommending approval of General Plan
Amendment No. 2007 -005, Planned Community Development Plan Amendment No.
2007 -001 and Development Agreement No. 2007 -001 (PA 2007 -073); and
WHEREAS, pursuant to Section 15.45 of the Newport Beach Municipal Code,
the City Council held a noticed public hearing on April 16, 2008, to consider the
recommendation of the Planning Commission; and
WHEREAS, the City Council has reviewed and considered the information in the
amended Development Agreement and in the full administrative record, and found that:
1. The Development Agreement Amendment is entered into pursuant to, and
constitutes a present exercise of, the City's police power.
2. The Development Agreement Amendment is in the best interests of the health,
safety, and general welfare of the City, its residents, and the public.
3. The Development Agreement Amended is compatible with the objectives, policies,
general land uses, and programs specified in the General Plan and does not create
any direct conflict with the General Plan. The Hoag Memorial Hospital Presbyterian
Planned Community Development Criteria and District Regulations is therefore
consistent with the General Plan. More specifically, the General Plan Policy LU 6.1
calls for, "A diversity of governmental, institutional, educational, cultural, social,
religious, and medical facilities that are available for and enhance the quality of life
for residents and are located and designed to complement Newport Beach's
neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in
its mission to provide adequate facilities to meet the needs of area residents. Work
with the Hospital to ensure that future development plans consider its relationship to
and assure compatibility with adjoining residential neighborhoods and mitigate
impacts on local and regional transportation systems." City of Newport Beach, Cal.,
General Plan 2006 Update, at 3 -63 and 3 -64 (July 25, 2006). The Hoag Memorial
Hospital Presbyterian Planned Community Development Criteria and District
Regulations is compatible with General Plan Policy LU 6.1 and strategy 6.1.5
because it provides for greater flexibility for development to meet the community's
health care needs while not impacting local or regional transportation networks as
shown by the traffic impact analysis prepared for the application and provides for
increased noise mitigation between Hoag and Villa Balboa.
4. The Development Agreement Amendment is consistent with Newport Beach
Municipal Code section 15.45.040 and includes all the contents required for
development agreements by the City of Newport Beach.
5. The Development Agreement Amendment is consistent with provisions of state law
(California Government Code Sections 65864- 65869.5) and local law (Municipal
Code chapter 15.45) 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. More
specifically, the Development Agreement Amendment is consistent and has been
approved in accordance with provisions of California Government Code Section
65867 and Municipal Code Chapter 15.45.
6. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res.
Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines)
(14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared Final EIR No.
142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142
was prepared to address the potential environmental effects associated with the
Hoag Hospital Master Plan development program. Final EIR No. 142 addressed
potential environmental effects associated with the phased reconstruction and
development of the Upper Campus and the development of the Lower Campus.
Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume
V), which was prepared in accordance with CEQA Guidelines §15163, provided
clarifications to the EIR and project, and was distributed before Final EIR No. 142
was certified.
7. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was
prepared in accordance with the provisions of the California Environmental Quality
Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA
Guidelines, California Code of Regulations § §15000, et seq. The purpose of the
SEIR is to analyze the potential impacts of the proposed changes to the Hoag
Hospital Master Plan development program. The City Council considered and
certified the Supplemental Final Environmental Impact Report on April 16, 2008 by
adopting certain CEQA Findings of Facts and a Statement of Overriding
Considerations contained within Resolution No. 2008 -27, which are hereby
incorporated by reference.
8. The Development Agreement Amendment provides significant public benefits to the
City of Newport Beach.
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The amendment of the existing Development Agreement between
Hoag Memorial Hospital Presbyterian and the City of Newport Beach (Development
Agreement Amendment No. 2007 -001) is approved.
SECTION 2. To the fullest extent permitted by law, Hoag shall indemnify, defend
and hold harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney's fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this Amendment to
Development Agreement No. 5 including, but not limited to, the approval of the Planned
Community Text and/or the City's related California Environmental Quality Act
determinations, the certification of the Supplemental Environmental Impact Report, the
adoption of a Mitigation Program, and/or statement of overriding considerations for this
Project. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by Hoag, City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant to
the indemnification requirements prescribed in this condition.
SECTION 3: The Development Agreement Amendment shall not go into effect
until the City Council approves or adopts all of the following: (1) General Plan
Amendment No. 2007 -005; and (2) Planned Community Development Plan Amendment
No. 2007 -003.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of
the City, and the same shall become effective thirty (30) days after the date of its
adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on 22nd day of April, 2008, and adopted on the 13th day of
May, 2008, by the following vote, to wit:
ATTEST:
� C'/ Jox"t. /'� .
CITY CLERK
AYES, COUNCIL MEMBERS
Henn, Rosansky, Daigle,
Curry, Gardner, Mayor Selich
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS
MAYOR
Webb
RECORDING REQUEST BY, AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
EXEMPT FROM FILING FEES CAL GOVT CODE & 6103
(Space above this line for Recorder's use)
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
BETWEEN
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
m
THE CITY OF NEWPORT BEACH
(Pursuant to California Government Code Sections 65864- 65869.5
and Newport Beach Municipal Code Chapter 15.45)
Approved May 13, 2008
Ordinance No. 2008 -10
FRJAL_Amendmentto Restated DevelopmentAgreementNo 5.DDC
AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO.5
(Hoag Memorial Hospital Presbyterian)
THIS AMENDMENT TO RESTATED DEVELOPMENT AGREEMENT NO. 5
( "Amendment ") is entered into and effective on the date it is recorded with the Orange County
Recorder (the "Effective Date ") by and between the City of Newport Beach (hereinafter "City ") and
Hoag Memorial Hospital Presbyterian (hereinafter "Hoag ").
RECITALS
I . The "RECITALS" to the Restated Development Agreement are amended to add new
Sections 1.9 through Section 1.19(f) to read as follows:
1.9 Hoag Properiy. Hoag is the fee owner of
approximately 38 acres of real property located in the City divided
between the Upper Campus and the Lower Campus and more
particularly described in Exhibit "A" and depicted on Exhibit `B"
(the "Property ").
1.10 Hoag Healthcare Services. Hoag is a modem, state -of-
the -art acute care, not - for -profit hospital providing a comprehensive
mix of healthcare services to treat virtually any routine or complex
medical condition. Hoag features centers of excellence that include
Hoag Cancer Center, Hoag Heart and Vascular Institute, Hoag
Neuroscience Institute, Hoag Orthopedic Services and Hoag
Women's Health Services, as well as advanced medical programs in
many other specialties.
1.11 Hoag Community Benefit Programs. In addition to
providing state -of -the -art hospital, diagnostic imaging and emergency
room care medical services, Hoag is involved in many other
community benefit programs such as police and SWAT team, fire
department and paramedic support services, designating the City as
the point of sale for major hospital equipment purchases and
construction projects, providing financial and transportation support
for the City's senior Oasis Center, and providing methane gas flare
bumoff to mitigate methane gas fumes along Pacific Coast Highway.
Hoag's community medicine program allocates approximately $10
million annually toward improving the community's overall health,
primarily through disease prevention and wellness and health
promotion, especially for those vulnerable and disadvantaged
populations.
1.12 EIR No. 142 and P.C. Text. On May 26, 1 992, the
City Council of City ( "City Council ") certified the Hoag Hospital
FINAL—Amendment to Restated DevelopmentAgeementNo 5.DOC
Master Plan Final EIR No. 142 and adopted the Hoag Memorial
Hospital Presbyterian Master Plan ( "Hoag Master Plan") and the
Planned Community Development Criteria and District Regulations
( "P.C. Text ") setting forth the development standards and terms and
conditions by which the Property may be developed, including the
maximum permissible building area, building height limits and
permitted land uses.
1.13 Square Footage of Buildable Area. Under the existing
Hoag Master Plan and P.C. Text, the Property allows a total of
1,343,238 square feet of buildable area with 577,889 square feet
allocated to the Lower Campus and 765,349 square feet allocated to
the Upper Campus.
1.14 Development Agreement No. 5. On May 26,1992, the
City Council adopted Ordinance No. 92 -4 approving Development
Agreement No. 5 between the City and Hoag incorporating the Hoag
Master Plan and P.C. Text and granting vested rights to Hoag to
develop the Property pursuant to the Hoag Master Plan and P.C. Text
for the term of the Development Agreement. The Development
Agreement was recorded in the Official Records of Orange County,
California on August 4, 1993 as Instrument No. 63- 0522236.
1.15 Restated Development Agreement. On February 14,
1994, the City Council of City adopted Ordinance No. 94 -8 approving
an Amendment and Restatement of Development Agreement No. 5
( "Restated Development Agreement ") incorporating certain
provisions clarifying the role, review and approval authority of the
California Coastal Commission for development of the Property to
ensure consistency and compliance with the California Coastal Act.
The Restated Development Agreement was recorded in the Official
Records of Orange County, California on March 23, 1994 as
Instrument No. 94- 0207276.
1.16 First Amendment to P.C. Text. On August 13, 2002,
the City Council adopted Ordinance No. 2002 -17 approving the First
Amendment to the P.C. Text to provide that certain non - occupied
building areas are not counted towards the maximum permissible
building floor areas for development of the Property.
1.17 Noise Limitation. The existing PC Text provides that
noise generated from Hoag Hospital from new mechanical
appurtenances shall not exceed 55 dBA at the Property lines. This
noise limitation was established prior to the adoption of the City's
Noise Element in the General Plan and Noise Ordinance. It is
proposed that noise generated and originating from the Property be
governed by the City Noise Ordinance with certain exceptions.
FINAL_Amendmentto Restated DevelopmentAgreementNo 5.DOC 2
1.18 Noise Attenuation. Hoag has taken significant actions
to attenuate noise generated from mechanical equipment and has
installed landscape screening and walls to mitigate and buffer noise
and improve aesthetic impacts for adjacent residential properties.
1.19 Restated Development Agreement Amendments. The
City and Hoag propose to further amend the Restated Development
Agreement by this Amendment to incorporate references to: a
Supplemental EIR; an amendment to the City General Plan; an
increase in the Public Benefits; designation of the City as the point of
sale to the extent allowed under applicable law; and amendments to
the Hoag Hospital Planned Community Text ( "P.C. Text ") to, among
other things:
(a) eliminate the reference to 1.0 Floor
Area Ratio ( "FAR ") for the Upper Campus and the
.65 FAR for the Lower Campus in the General Plan
Land Use Element. In place of the reference to the
FAR's, an absolute maximum allowable building area
of 1,343,238 square feet will remain available for
development of the entire Property comprised of the
Upper Campus and the Lower Campus;
(b) maintain a cap under the General Plan
Land Use Element Amendment for development of
the Lower Campus at 577,889 square feet (if no
square footage is reallocated) and establish a cap on
development of the Upper Campus at 990,349 square
feet (if all 225,000 square feet are reallocated from the
Lower Campus to the Upper Campus);
(c) allow the transfer of up to 225,000
square feet of buildable area from the Lower Campus
to the Upper Campus, which, if all 225,000 square
feet are reallocated, would result in a maximum
allowed density of 990,349 square feet for the Upper
Campus and a reduction to permit 352,889 square feet
of allowable development for the Lower Campus;
(d) to modify the noise standards
applicable to the Property;
(e) delete a provision that required the
City and Hoag to conduct a study of possible future
improvements in and around the easterly end of the
Semeniuk Slough, including a requirement that Hoag
FINAL—Amendment to Restated DevelopmentAgreement No 5.DOC 3
fund the study and potential future improvements in
an amount not to exceed $200,000; and
(f) incorporate the Second Amendment to
the P.C. Text.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Section 1.5 of the Restated Development Agreement entitled Planning
Commission/City Council Hearings is amended to read as follows:
"1.5 Planning Commission/City Council Hearings. The
Planning Commission, after giving appropriate notice, held public
hearings to consider a development agreement, the proposed Master
Plan, and the EIR on December 5, 1991, January 9,1992, January 23,
1992, February 6, 1992 and February 20, 1992. The City Council
conducted public hearings on the Master Plan, this Agreement and the
EIR on March 23, 1992, March 30, 1992, April 13, 1992 and May 11,
1992. The Planning Commission, after giving appropriate notice,
held a public hearing to consider this Amendment, the Supplemental
EIR, the General Plan Amendment, and the Second Amendment to
the P.C. Text on January 31, 2008, February 7, 2008, March 6, 2008
and March 20, 2008. The City Council conducted a public hearing on
this Amendment, the Supplemental EIR, the General Plan
Amendment and the Second Amendment to the P.C. Text on
April 16,2008."
2. Section 1.8 of the Restated Development Agreement entitled City Ordinance is
amended to read as follows:
"1.8 City Ordinance. On February 14, 1994, the City
Council adopted Ordinance No. 94-8 approving a Restated
Development Agreement No. 5 incorporating certain provisions
clarifying the role, review and approval authority of the California
Coastal Commission for development of the Property to ensure
consistency and compliance with the California Coastal Act. The
Adopting Ordinance became effective on March 16, 1994. On May
13, 2008, the City Council adopted Ordinance No. 2008 -10 approving
this Amendment and authorizing the City to enter into this
Amendment. The adopting ordinance will become effective on June
12, 2008."
FINAL_Amendmentto Restated DevelopmentAgmmem No 5.DOC 4
3. Section 2. l of the Restated Development Agreement entitled The Adopting Ordinance
is amended to read as follows:
"2.1 The "Adopting Ordinance" refers to City Ordinance
No. 94 -8, adopted on February 14, 1994, by the City Council, which
approved and authorized the City to enter into this Agreement.
"Adopting Ordinance" further refers to Ordinance No. 2008 -10
adopted on May 13, 2008 by the City Council, which approved and
authorized the City to enter into this Amendment."
4. Section 2.2 of the Restated Development Agreement entitled Agreement is amended
to read as follows:
"2.2 "Agreement" refers to the "Restated Development
Agreement Between the City of Newport Beach and Hoag Memorial
Hospital Presbyterian," and this Amendment."
5. Section 2.13 of the Restated Development Agreement entitled The EIR is amended to
read as follows:
"2.13 The "EIR" refers to final Environmental hnpact Report
No. 142 of the City of Newport Beach, and Supplemental
Environmental hnpact Report No. 142."
6. Section 2.23 of the Restated Development Agreement entitled Master Plan is
amended to read as follows:
"2.23 "Master Plan" refers to the Hoag Memorial Hospital
Presbyterian Master Plan and Planned Community Development Plan
which was adopted by the City on May 26, 1992 (Exhibit "C "), as
amended."
7. Section 3 of the Restated Development Agreement entitled Conditions to
Development is amended to add a new paragraph after Subsection (f) to read as follows:
"Notwithstanding the provisions of this Section, any
provisions set forth in this Amendment shall supersede and control
over any inconsistencies with this Section."
8. Section 3.3 of the Restated Development Agreement entitled Program EIR is
amended to read as follows:
"3.3 Program EIR. Hoag acknowledges that the EIR is a
"Program EIR" and includes Supplemental Environmental Impact
Report No. 142. The EIR analyzes the impacts of construction
phased over time and, pursuant to CEQA, City is under a continuing
obligation to analyze Hoag's requests for Project Specific Approvals
to ensure the environmental impacts associated with the request were
FINAL_Amendmentto Restated DevelopmetdAgreementNo 5.DOC
fully addressed in the EIR. Subsequent environmental documentation
is required if this analysis reveals environmental impacts not fully
addressed in the program EIR, identifies new impacts, or concludes
the specific request is not consistent with the project described in the
EIR. Hoag acknowledges the right and obligation of the City and the
Coastal Commission or its successor agency to impose additional
conditions as the result of the subsequent environmental analysis
required by CEQA."
9. Section 4.1 of the Restated Development Agreement entitled Right to Develop is
amended to read as follows:
"4.1 Right to Develop. Subject to compliance with the
provisions of Sections 3 and 8.2, Hoag shall have a vested right to
develop and receive Project Specific Approvals for construction on
the Property to the full extent permitted by the Master Plan, as
amended. Subject to the provisions of Sections 3 and 8, City shall
only take action which complies with and is consistent with the
Master Plan, as amended, the Restated Development Agreement and
this Amendment unless Hoag otherwise consents in writing. Subject
to this Subsection, City shall have the authority to impose only those
Exactions which are specifically described in this Agreement, except
as expressly required (as opposed to permitted) by state or federal
law."
10. Section 5.2 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.2 Public Hearing. The Annual Review shall be conducted at a
public hearing noticed in accordance with the provisions of Chapter
15.45 of the Newport Beach Municipal Code. Annual reviews should
be scheduled in April of each year."
11. Section 5.4 of the Restated Development Agreement entitled Mitigation Review is
amended to read as follows:
"5.4 Mitigation Review. The annual review shall include a detailed
report of compliance with the various conditions and mitigation
measures contained within the mitigation monitoring plan. The
report shall also include a noise regulation compliance assessment
that includes noise measurements prepared by a qualified noise
consultant on a yearly basis. The noise assessment shall identify noise
regulation compliance issues and recommended measures to abate
any noncompliance. The report shall include an analysis of the view
impacts of buildings constructed in comparison to the anticipated
views as depicted in the EIR. Hoag shall be found in compliance
with this Agreement unless the City Council determines, based upon
FMAL_Amendnxntto Restated DevelopmentAgreement No 5.DOC
the evidence presented at the Annual Review, that Hoag has not
complied with all mitigation measures and conditions including those
imposed as a result of subsequent environmental analysis, applicable
to the grading of, or building on, the Property as of the date of the
Annual Review. Hoag shall pay the City administrative costs incurred
in conducting Annual Reviews. Hoag shall reimburse the City for
costs incurred by the City associated with Fluor Enterprises' review
of the cogeneration plant during the 2008 Annual Review."
12. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to delete Subsection (c), which reads as follows:
"(c) City and Hoag shall conduct a study of possible future
improvements in and around the easterly end of Semeniuk Slough
that would, among other things, improve the appearance of the area
and, potentially, serve as a component to improve public access from
residential areas in West Newport to park land and public recreation
facilities proposed in conjunction with development of the West
Newport Oil Company property. The study shall analyze, among
other things, the type of improvements that would improve the area
without adversely impacting wetlands, the possible location of
pedestrian trials and the potential for those trails to improve access to
proposed recreational facilities, phasing of the improvements,
potential public benefits, and the cost of the improvements. As a part
of the study, Hoag and City shall meet and confer with resource
agencies relative to the type and extent of improvements that may be
permitted in or adjacent to wetlands. Hoag shall fund the study and
participate in the cost of constructing any improvements in the area
that the City Council determines are feasible and in the public
interest, provided, however, the financial contribution of Hoag,
including the costs of the study and improvements, shall not exceed
Two Hundred Thousand Dollars ($200,000.00)."
13. Section 8.2 of the Restated Development Agreement entitled Exactions is hereby
amended to renumber Subsection (d) to Subsection (c); and to add a new Subsection (d) to read as
follows:
"(d) City and Hoag acknowledge and agree that the
Restated Development Agreement and this Amendment confer
private benefits on Hoag that should be balanced by commensurate
public benefits in favor of the City. Accordingly, the City and Hoag
intend to provide consideration to balance the private and public
benefits by the imposition of a Development Agreement Fee, which
fee shall be used to reimburse the City for public improvements in the
area and to fund certain additional needed public improvements
identified by the City. Hoag shall pay to the City a Development
Agreement Fee of Three Million Dollars ($3,000,000). Payment of
FINAL_Amendmemto Restated DevelopmentAgreement No 5.DOC 7
one -half of the Development Agreement Fee of $1.5 million shall be
made upon the Effective Date of this Amendment. Payment of the
remaining one -half of the Development Agreement Fee of $1.5
million shall be paid to City 12 months from the Effective Date of
this Amendment or at the time of issuance of the first building permit
by the City for development of a project on the Upper Campus as
provided in Exhibit "C" attached to this Amendment, whichever
occurs earlier.
The first $1.5 million of the Development Agreement Fee
shall be used to reimburse the City and/or pay for the costs associated
with the following projects: (i) construction of the Superior Avenue
medians extending from Ticonderoga Street to Dana Road; (ii)
construction of the right -turn pocket for southbound Newport
Boulevard to westbound Hospital Road; and (iii) funding of the
operational improvements and traffic signal upgrade at the Hospital
Road and Placentia intersection ( "Priority Public Improvements ").
Construction of the first two Priority Public Improvements listed
above occurred during 2007, and the third is anticipated to occur in
2008. The City shall be obligated to pay the actual cost difference, if
any, for construction of these Priority Public Improvements.
However, if there are any funds remaining after construction of the
Priority Public Improvements is completed, the City may retain the
funds to be used for other City projects or services that benefit the
public. The City shall also have the sole authority to decide the
design, cost and scope of the Priority Public Improvements and the
sufficiency of City's performance on the Public Improvement Projects
shall not be subject to Hoag's approval.
The balance of the Development Agreement Fee ($1.5 million) and
any funds remaining after the construction of the Priority Public
Improvements shall be used by the City in the City's sole discretion to
offset costs associated with other City and community projects or
services that benefit the public such as, among other things, public
parks (for example, Sunset View Consolidated Park), landscaping
improvements adjacent to public right of ways, sound abatement
programs, public buildings, public road improvements, water quality
improvements, law enforcement, fire fighting, emergency
preparedness and other public safety facilities."
14. A new section, Section 8.3, shall be added to the Restated Development Agreement
entitled Sales /Use Tax Origin, to read as follows:
"8.3 Sales/ Use Tax Origin
(a) Hoag will include in its general
contractor construction contract a provision that
FINAL_Amendmentto Restated DevelopmentAgreementNo S.DOC 8
Hoag's general contractor and subcontractors, to the
extent allowed by applicable law, will obtain a Board
of Equalization sales /use tax subpermit for the jobsite
at the Project Property and allocate all eligible sales
and use tax payments for individual contracts over $5
million to the City. Hoag will provide Hoag's general
contractor and subcontractors with the name and
contact information of the City's Revenue Manager
and notice of the Revenue Manager's availability to
meet and confer with them on the implementation of
the Board of Equalization sales /use tax subpermit
procedures. Hoag will further include a notice in its
general contractor construction contract that prior to
beginning a qualified construction project, the general
contractor and subcontractors are encouraged to meet
with the City's Revenue Manager to review the
process to be followed with respect to sales and use
taxes. Hoag will further include a provision in its
general contractor construction contract that the
general contractor or subcontractors will certify in
writing that the person(s) responsible for filing the tax
return understands the process of reporting the tax to
the City and will follow the guidelines set forth in the
relevant sections of the Sales and Use Tax
Regulations. Hoag shall not be responsible for failure
of Hoag's general contractor or subcontractors to
follow the procedures set forth in this Section.
Hoag, if readily available, shall provide to the City or
any City designated representative the names,
addresses, phone numbers and contact name of the
general contractor and all subcontractors.
(b) Hoag will continue to follow the Direct
Payment Permit Process established in the Revenue
and Taxation Code and use the permit for all
qualifying individual purchases in excess of $100,000
so that the local share of its sales/use tax payments is
allocated to the City as the point of sale.
(c) It is understood and agreed that any
fixtures, materials and equipment with a purchase
total that exceeds $100,000 purchased directly by
Hoag and shipped to Hoag's Newport Beach location
may also be eligible for direct allocation of sales /use
tax to the City. Upon request of the City, Hoag will
provide City on a semi - annual basis with a list of
FINAL_Amendmentto Restated DevelopmentAgreementNo 5,DOC 9
purchases exceeding the $100,000 threshold during
the preceding six -month period, including the amount
of the purchase and, if readily available, the name and
contact information for the vendor upon request by the
City. The City agrees to review the semi - annual list
of purchases made by Hoag and advise Hoag of any
missed opportunities for direct allocation. Hoag
agrees to file its Direct Payment Permit with vendors
identified by the City in an effort to improve the direct
allocation of the local share of sales /use tax payments
in future periods."
15. A new section, Section 8.4, shall be added to the Restated Development Agreement
entitled Sunset View Park Improvements, to read as follows:
"8.4 Hoag shall reimburse the City up to $ 150,000
for the installation of groundcover, shrubs and
irrigation systems within the unimproved portion of
Sunset View Park and Superior Avenue,
approximately 20,500 square feet in area, located
northerly of the cogeneration building.
Reimbursement to the City shall be within 30 days of
Hoag receiving an invoice from the City."
16. A new section, Section 8.5, shall be added to the Restated Development Agreement
entitled Cogeneration Plant Energy Curtailment, to read as follows:
"8.5 Hoag shall install a weather station capable of
identifying ambient conditions necessary in
documenting cogeneration plant and cooling tower
operations. The weather station shall be tied into the
cogeneration plant controls in order to maximize
automatic responses to prevailing weather conditions,
assisting in managing the operational changes and
load shifting, as well as to provide periodic reports on
plant operations.
Hoag shall not construct or erect additional cooling
towers within the Hoag Lower Campus.
Hoag shall reduce the effective heat rejection by 33%
at the existing cooling towers and such reduction shall
be measured from a baseline (to be measured at the
cooling towers) of operating three existing generators
and absorption chillers at 100% of design capacity.
FINAL_Amendmcmto Restated DevelopmentAgreementNo 5.DOC 10
This reduced capacity operation shall be implemented
daily between November l" and April 30 , between
the hours of 7:00 AM and 7:00 PM when the relative
humidity is equal to or above 60% and when ambient
temperatures are equal to or less than 55 degrees
Fahrenheit.
17. Section 11.1(c) of the Restated Development Agreement entitled Notices is hereby
amended to delete:
"with a copy to: Tim Paone
Paone, Callahan, McHolm & Winton
19100 Von Karman, 8h Floor
P.O. Box 19613
Irvine, CA 92713 - 9613"
and to add:
"with a copy to: Dennis D. O'Neil
Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
with a copy to: Gary McKitterick
Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, CA 926147321"
18. A new Section 11.17 shall be added to the Restated Development Agreement as
follows:
"11.17 Indemnification/Hold Hamiless. To the fullest extent
permitted by law, Hoag shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City's approval of this
Amendment, including, but not limited to, the approval of the
Planned Community Text and/or the City's related California
Environmental Quality Act determinations, the certification of the
Supplemental Environmental Impact Report, the adoption of a
Mitigation Program, and/or statement of overriding considerations for
this Project. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim,
HNAL_Ammdmentto Restated DevelopmentAgreementNo S.DOC I I
action, causes of action, suit or proceeding whether incurred by Hoag,
City, and/or the parties initiating or bringing such proceeding. Hoag
shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification
provisions set forth in this condition. Hoag shall pay to the City upon
demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition."
19. Exhibit C of the Restated Development Agreement shall incorporate the First
Amendment to the P.C. Text as part of this Second Amendment to the P.C. Text in revised Exhibit C
entitled:
"HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No.2008 -10
May 13,2008"
20. Except as provided for in this Amendment and not otherwise superseded by this
Amendment, the provisions set forth in the Restated Development Agreement, all ofthe other terms,
conditions, provisions and exhibits of the Restated Development Agreement continue to have full
force and effect as provided therein and this Amendment shall constitute an integral part of the
Restated Development Agreement. Exhibits A through C constitute a part of this Amendment and
are incorporated into this Amendment in full by this reference.
21. In the event there is any conflict between any provision of the Restated Development
Agreement and this Amendment, the later approved and recorded document shall prevail in
interpretation, operation and implementation.
22. The City Clerk shall cause a copy of this Amendment to be recorded with the Office
of the County Recorder of Orange County, California within ten (10) days following the effective
date of adoption of the Ordinance approving this Amendment.
[Signature page follows]
FINAL—Amendment to Restated DevelopmentAgreementNo 5.DOC 12
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Development Agreement No. 5 to be binding as of the Effective Date.
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
CITY:
THE CITY OF NEWPORT BEACH, a municipal
corporation of the State of California
A
Edward D. Selich, Mayor
OWNER:
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN, a California nonprofit public
benefit corporation
0
Richard F. Afable, M.D.
President and CEO
(All Signatures to be Notarized)
FINAL_Amendmentto Restated DevelopmentAgeementNo 5.DOC 13
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On before me,
a Notary Public in and for
said County and State, personally appeared personally known to me (or
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 capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
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 capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
FINAL_Amendm atto Restated MvelopmentAgreementNo 5.D0C 14
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , a Notary Public in and for
said County and State, personally appeared personally known to me (or
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 capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , before me, , allotary Public in and for
said County and State, personally appeared personally known to me (or
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 capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
FINAL_Amendmentto Restated DevelopmentAgeementNo S.DOC 15
EXHIBIT A
LEGAL DESCRIPTION
The subject property is the following real property in the City of Newport Beach, County of Orange,
State of California:
Parcel 1:
That portion of Lots 169 and 170 in Block 2 and a portion of Lot 172
in Block I of Irvine Subdivision, as shown on a map recorded in
Book 1, Page 88 of Miscellaneous Maps, Records of Orange County,
California.
Parcel 2:
That portion of Lot 172 in Block I of Irvine Subdivision, as shown on
a map recorded in book 1, Page 88 of Miscellaneous Maps, Records
of Orange County, California.
FINAL_Amendmentto Restated DevelopmentAgmementNo 5.DOC A-1
O
A
F
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9
3
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Lower Campus
BLK !
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A
09.
HOAG MEMORIAL HOSPITAL PRESBYTERIAN
PLANNED COMMUNITY
DEVELOPMENT CRITERIA
AND
DISTRICT REGULATIONS
Recommended for Approval
by the Planning Commission
March 20, 2008
Adopted by the City Council
City of Newport Beach
Ordinance No. 2008 -10
May 13, 2008
FINAL_Hoap PC 041808a.DOC ce
Hoag Memartal Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE OF CONTENTS
FlNAl_Hoag_PC 041808a.DDC
Page
Number
I.
INTRODUCTION
1
II.
GENERAL NOTES
2
III.
DEFINITIONS
3
IV.
DEVELOPMENTPLAN
5
V.
DISTRICT REGULATIONS
10
VI.
HOAG HOSPITAL SIGN PROGRAM
21
VII.
HOAG HOSPITAL PARKING REGULATIONS
23
VIII.
HOAG HOSPITAL LANDSCAPE REGULATIONS
24
IX.
SITE PLAN REVIEW.
27
FlNAl_Hoag_PC 041808a.DDC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
LIST OF EXHIBITS
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL_Hoag—PC_041808aDOC
Page
Number
1. PLANNED COMMUNITY SITE AND BOUNDARY MAP
7
2. VEHICULAR ACCESS
8
3. DEVELOPMENT CRITERIA
14
4. PROPOSED SOUND WALL LOCATION PLAN
19
5. LOADING DOCK AREA LOCATION
20
6. LANDSCAPE MATRIX
32
7. LOWER CAMPUS LANDSCAPE IMPROVEMENT PLAN
33
8. COAST HIGHWAY LANDSCAPE SCREEN
34
LIST OF TABLES
1. BUILDING AREA STATISTICAL ANALYSIS 9
2. PARKING REQUIREMENTS 23
FINAL_Hoag—PC_041808aDOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
I. HYMODUCTION
Background
The Hoag Memorial Hospital Presbyterian Planned Community District in the City of Newport
Beach has been developed in accordance with the Newport Beach General Plan. The purpose of this
Planned Community District is to provide a method whereby property may be classified and
developed for hospital- related uses. The specifications of this District are intended to provide land
use and development standards supportive of the proposed use while ensuring compliance with the
intent of all applicable regulatory codes.
The Planned Community District includes district regulations and a development plan for both the
Upper and Lower Campuses of Hoag Hospital. In general, over the long term, the Upper Campus
will become oriented primarily towards emergency, acute and critical care (predominantly inpatient)
uses and the Lower Campus will be developed with predominantly outpatient uses, residential care
and support services.
Whenever the regulations contained in the Planned Community text conflict with the regulations of
the Newport Beach Municipal Code, the regulations contained in the Planned Community text shall
take precedence. The Municipal Code shall regulate this development when such regulations are not
provided within these district regulations. All development within the Planned Community
boundaries shall comply with all provisions of the Uniform Building Code and other governing
building codes.
FINAL_Hoag_PC 041808a.DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
II. GENERAL NOTES
Water service to the Planned Community District will be provided by the City of Newport
Beach.
2. Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
3. All development of the site is subject to the provisions of the City Council Policies K -4
and K -5 regarding paleontological and archaeological resources.
4. Except as otherwise stated in this text, the requirements of the Newport Beach Zoning
Ordinance shall apply. The contents of this text notwithstanding, all construction within
the boundaries of this Planned Community District shall comply with all provisions of the
Uniform Building Code, other various codes related thereto and local amendments.
5. All buildings shall meet Title 24 requirements or the requirements of the California Office
of Statewide Health Planning and Development as applicable. Design of buildings shall
take into account the location of building air intake to maximize ventilation efficiency, the
incorporation of natural ventilation, and implementation of energy conserving heating and
lighting systems.
6. Any fire equipment and access shall be approved by the Newport Beach Fire Department.
Excluding communications devices on the Upper Campus, new mechanical appurtenances
on building rooftops and utility vaults on the Upper and Lower Campuses shall be
screened from view in a manner compatible with building materials. Rooftop mechanical
appurtenances or utility vaults shall be designed utilizing compatible architectural
materials on the Lower Campus. No new mechanical appurtenances may exceed the
building height limitations as defined in these district regulations.
8. Grading and erosion control shall be carried out in accordance with the provisions of the
City of Newport Beach Excavation and Grading Code and shall be subject to permits
issued by the Building and Planning Departments.
9. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5. Prior to issuance of any building permits it shall be
demonstrated to the satisfaction of the Planning Department that adequate sewer facilities
will be available. Prior to the occupancy of any structure it shall be further demonstrated
that adequate sewer facilities exist.
10. Mass grading and grading by development phases shall be allowed provided that
landscaping of exposed slopes shall commence within thirty (30) days of the completion of
grading.
FINAL_Hoag—PC_041809a.DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
III. DEFINITIONS
Building Elevation:
I. A vertical distance of a building above or below a fixed reference level, i.e., MSL (mean
sea level).
2. A flat scale drawing of the front, rear, or side of a building.
Building Envelope: The volume in which a building may be built as circumscribed by setback lines
and maximum allowable building heights.
Building Height: The vertical distance measured from the finished grade to the highest point of the
structure. At all points, the height measurement shall run with the slope of the land.
Emergency Room: A service and facility designated to provide acute emergency medical services
for possible life threatening situations.
Entitlement, Gross Floor Area: Any area of a building, or portion thereof, including the surrounding
exterior walls, but excluding:
1. Area of a building utilized for stairwells and elevator shafts on levels other than the first
level of a building in which they appear;
2. Area of a medical building, that is not used for general or routine occupancy but rather is
for interstial or mechanical occupancies, that measures less than 19 feet from finished
floor to ceiling;
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:
Finished - the ground level elevation which exists after any grading or other site
preparation related to, or to be incorporated into, a proposed new development or
alteration of existing developments. (Grades may be worked into buildings to allow for
subterranean parking.)
FINAL_Hoag—PC 041808a.DOC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2. Natural - the elevation of the ground surface in its natural state before man-made
alterations.
3. Existing - the current elevation of ground surface.
Inpatient Uses: Hospital patient services which require twenty -four (24) hour or more stays.
Landscape Area: The landscape area shall include on -site walks, plazas, water, rooftop landscaping
and all other areas not devoted to building footprints or vehicular parking and drive surfaces.
Mean Sea Level: A reference or 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.
FQIAL_Hoag_PC_041808a.DOC 4
Hoag Memorial Hospital Nesbytertan Planned Community Development Criteria and Distrlct Regulations
IV. DEVELOPMENT PLAN
Proiect Characteristics
The Upper Campus of Hoag Hospital is located on a triangular site of approximately 17.57 acres and
is bounded by Newport Boulevard to the east, Hospital Road to the north and existing residential
developments to the west. The Lower Campus is located north of West Coast Highway, south of the
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 SAecific 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
F1NAL_HVag_PC_041808a.DOC 5
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
obligation to analyze Hoag's requests for Project Specific Approvals to ensure the environmental
impacts associated with the requests were fully addressed in the EIRs. Subsequent environmental
documentation is required if this analysis reveals environmental impacts not fully addressed in
the program EIRs, identifies new impacts, or concludes the specific request is not consistent with
the project described in the EIRs. Hoag acknowledges the right and obligation of the City and
the Coastal Commission or its successor agency to impose additional conditions as the result of
the subsequent environmental analysis required by CEQA.
FINAL_ Hoag_PC_041808aDOC
UPPER CAMPUS
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SCALE: 1 "*200'
REVISED
7
LEGEND
PRIMARY ACCESS (SIGNALIZED)
SECONDARY ACCESS
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SECONDARY DRIVEWAYAND SERVICE
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REVISED
0
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
TABLE 1
BUILDING AREA STATISTICAL ANALYSIS
TOTAL OF LOWER CAMPUS & UPPER CAMPUS BUILDING AREAS -
MAXIMUM ALLOWABLE: 1,343,238 SQUARE -FEET
As of the date of adoption.
z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
HNAL_Hoag_PC_041808a.DDC
Maximum
Allowable
Net
Allowable
Site Area
Building Area
Existio i
Remaining
In
a
765,349 sq. ft.
765,349 sq. ft.
698,121 sq. &
67,228 sq. ft.
990,349 sq. ft. Z
w
rn
U
862,815 sq. R.
577,889 sq. R.
188,149 sq. ft.
389,740 sq. ft.
577,889 sq. ft.
�
.a
O1,618,164
sq. ft.
1,343,238 sq. ft.
886,270 sq. ft.
456,968 sq. ft.
1,343,238 sq. ft.3
As of the date of adoption.
z Up to 225,000 square -feet can be transferred from the Lower to the Upper Campus
Demolition of some existing structures on the Upper Campus will occur to ensure maximum square -feet will not
exceed 1,343,238 square -feet
HNAL_Hoag_PC_041808a.DDC
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
V. DISTRICT REGULATIONS
The following regulations apply to all development within the Hoag Hospital Planned Community.
The individual uses listed under the five permitted use categories are not an exhaustive list. Other
hospital - related uses which fit into the five (5) permitted use categories are allowed. Prior to the
issuance of a building permit, plot plans, elevations and any other such documents deemed necessary
by the Planning, Building, Public Works, and Fire Departments shall be submitted for the review
and approval of the Planning, Building, Public Works, and Fire Departments.
A. Permitted Uses
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
Q)
Breast Imaging Center
(k)
Dialysis
(1)
EEG/EMG/NICE Laboratory
(m)
First Aid Center
(n)
Fertility Services
(o)
G.I. Laboratory
(p)
Magnetic Resonance Imaging
(q)
Neurology
(r)
Nuclear Medicine
(s)
Occupational Therapy
(t)
Pediatrics
(u)
Pharmacy
(v)
Physical Therapy
(w)
Pulmonary Services
(x)
Radiation Therapy
(y)
Respiratory Therapy
(z)
Sleep Disorder Center
(aa)
Speech Therapy
(bb)
Ultrasound
(cc)
Urgent Care
FINAL _Hoag_PC_041808a.DOC 10
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
(2) Administration:
(a)
Admitting
(b)
Auxiliary Office
(c)
Business Offices
(d)
Information Desk
(e)
Registration
(1)
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
(1) Chapel/Chaplaincy Service
(g) Conference Center
(h) Dietitian
(i) Gift Shop
0) Laboratory
(k) Medical Library
(1) Medical Records
(m) Pharmacy
(n) Parking Facilities4
(o) Engineering/Maintenance
(p) Shipping/Receiving
(q) Microwave, Satellite, and Other Communication Facilities
(4) Residential Care:
(a)
Substance Abuse
(b)
Mental Health Services
(c)
Extended Care
(d)
Hospice Care
(e)
Self or Minimal Care
(1)
Congregate Care
(5) Medical/Support Offices
" Parking structures or decks do not count toward square- footage
FINAL_Hoag_PC 04I808a.DOC l l
Hoag Memorial Hospital Presbyterian Planned Com menity Development Criteria and District Regulations
b. Methane gas flare burner, collection wells and associated system
components.
C. Accessory uses normally incidental to hospital development.
d. Temporary structures and uses, including modular buildings.
2. Upper Campus
a. Hospital facilities, including, but not limited to:
(1) Inpatient 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
0)
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 court toward square- Footage
FINAL_ Hoag_PC_041808a.D0C 12
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
B. Prohibited Uses
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.
FINAL —Hoag PC 041808a.DOC 13
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UPPER CAMPUS ZONES
70WER ZDNE- MAXIMUM BUILDING HOW
235' ABOVE MEAN SEA LEVEL
MIDIUSE ZONE. , del
140' ABOVE MEAN SEA LEVEL
11
ZONE- 1, BUILDING HEIGHT 81 ABOVE
LEVEL, EXCLUSIVE OF ELEVATOR TOWER
LOWER CAMPUS ZONES
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LOWER , AREAS t BUILDING
EXCEED } OF WPM ,. OR THE
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DEVELOPMENT CRITERIA PLAN
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REVISED
14
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
D. Building Setbacks
Setbacks for the Hoag Hospital Planned Community are shown on Exhibit 3
Setbacks will be provided along property boundaries adjacent to the Villa Balboa
condominiums, as defined below:
a. Upper Campus western boundary setback shall be the prolongation of the
westerly edge of the existing cafetefiallaboratory 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:
I st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the Ist floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
2nd Floor, up to thirty-two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of twenty (20) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of twenty-five (25) feet.
The setback on West Coast Highway westerly of the hospital entry signal shall be
forty-five (45) feet.
In addition, vertical articulation shall be required for buildings westerly of the
signal for buildings within one - hundred fifty (150) feet of the West Coast
Highway frontage, as follows:
I st Floor: Up to eighteen (18) feet in height no additional articulation is required.
If the I st floor exceeds eighteen (18) feet in height, it shall be subject to the
articulation requirements of the 2nd Floor.
FINA1_HM9_PC_041808a.DOC 15
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
2nd Floor, up to thirty -two (32) feet in height: A minimum of 20% of the
building frontage shall be articulated in such a manner as to result in an average
2nd floor setback of fifty -five (55) feet.
3rd Floor and above: A minimum of 20% of the building frontage shall be
articulated in such a manner as to result in an average 3rd floor and above setback
of sixty-five (65) feet.
In order to avoid any future structures in this area (within 150 feet of West Coast
Highway) from presenting an unacceptable linear mass, no single structure shall
be greater than two- hundred fifty (250) linear feet in width. Additionally, 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.
There will be no building setbacks along the westerly boundary of the Lower
Campus (adjacent to the municipal parking lot at Superior and West Coast
Highway).
4. A twenty (20) foot setback from property line shall be provided along Newport
Boulevard from Hospital Road to a point six - hundred (600) feet south; a twenty-
five (25) foot setback from property line shall be provided along the remainder of
Newport Boulevard and along the Newport Boulevard/West Coast Highway
Interchange.
5. A ten (10) foot building setback from the property line shall be provided along
Hospital Road.
E. Li htin
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.
FINAL_HOag_PC_041808a.DOC 16
Hoag Memorial Hospitat Presbyterian Planned Community Development Criteria and District Regulations
G. Signs
All signs shall be as specified under the Hoag Hospital Sign Program, Part VI.
H. Parkin
All parking shall be as specified in Part VII, Hoag Hospital Parking Regulations.
Landscape
All landscaping shall be as specified in the Hoag Hospital Landscape Regulations, Part VIII.
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 sheets 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.
FINAL_Hoag_PC_04I 808a.DOC 17
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
M. Noise Standards
Noise generated at the Hoag Hospital property shall be governed by the City of Newport Beach
Noise Ordinance, except as noted below for the Loading Dock Area Refer to Exhibit 5, Loading
Dock Area Location, for the location.
The applicable noise standard at the Hoag Hospital property line adjacent to the
Loading Dock Area shall be as follows:
7AM -10 PM IOPM -7AM
Daytime Nighttime
Leq (15 min) 65 dBA 55 dBA
2. Within the Loading Dock Area during daytime hours, vehicles shall be exempt
from applicable noise standards as listed above.
Vehicle idling shall be prohibited on West Hoag Drive and within the loading
dock areas, except that refrigerated vehicles may idle while at the loading docks
when refrigeration is necessary.
In addition, the grease pit cleaning which is exempt from the City Noise
Ordinance as a maintenance activity shall occur on a Saturday between the hours
of 11:00 AM and 3:00 PM.
FINAL_Hoa&_PC_041808a.DOC 18
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LEGEND
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SOUND WALL LOCATION PLAN
MAG MEMORIAL HOSPITAL PRESBYTERIAN
40
April 3, 2008
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fgtOIMLWASIDEN ROINWMIONM.L.DISTRICTREODIATIONS
SECTION M.2., DISTRICTREOUiARONS
UPPER CAMPUS
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NORTH
LAIAIER CAMPUS
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LOADING DOCK AREA evulerr
20
b7
Hoag Memorial Hospital Presbyterian Planned Con mnnity Development Criteria and Dtstrict Regulations
VL HOAG HOSPUAL SIGN PROGRAM
A. Purpose and Intent
The purpose of this Sign Program is to provide adequate, consistent and
aesthetically pleasing on- building wall and ground- mounted signage based upon
the provisions set forth by the City of Newport Beach Sign Ordinance and the
information signage requirements of Hoag Hospital.
2. The intent of this Sign Program is to produce uniform standards for Hoag
Hospital.
B. General Sign Standards
All signs visible at the exterior of any building or facility of the Hospital, ground -
mounted or on- building, may be illuminated or non - illuminated, depending upon
need. Illumination method may be by external or internal source. No sign shall
be constructed or installed to rotate, gyrate, blink or move, or create the illusion
of motion, in any fashion.
2. All signs attached to building or facility exteriors shall be mounted as is
appropriate to the architectural design features of said building or facility.
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
One (1) double -faced primary identification ground- mounted sign or two (2)
single -faced gateway entry signs shall be allowed per street frontage. In the case
of a sign occurring upon a slope, the average height shall be established by
measuring the sign height at the mid -point of the sign length perpendicular to the
slope direction. Total maximum signage area shall not exceed two hundred (200)
square feet and shall not exceed ten (10) feet in height per sign and street
frontage. This sign may occur as a wall sign, to be located upon a project
FINAL_Hoap PC_041808a.DOC 21
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
boundary perimeter wall, subject to the same number and area maximums
described above. This sign may also occur as part of an entry gateway system.
2. Primary entrance identification shall be allowed at the main entrance to the
facility and at the main entrance to the Emergency Department. If freestanding,
this sign type shall not exceed a maximum height of eight (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.
F1NAL_H0ag_PC 041808a.D0C 22
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VII. HOAG HOSPITAL PARKING REGULATIONS
A. General
1. Off - street parking for Hoag Hospital shall be provided on -site. Parking may be
on surface lots, subterranean or in parking structures.
2. The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer and the Public Works Department.
Parking lot lighting shall be developed in accordance with City standards and
shall be designed in a manner which minimizes impacts on adjacent land uses.
Nighttime lighting shall be limited to that necessary for security and shielded
down from any adjacent residential area. The plans shall be prepared and signed
by a licensed electrical engineer, with a letter 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.
Use Category
Outpatient Services
Support
Administrative
Residential Care
Medical Offices
Inpatient
TABLE 2
PARKING REQUIREMENTS
Parking Requirements
2.31 spaces/1,000 square feet (1)
0.0 spaces /1,000 square feet (1)(2)
5.3 spaces/1,000 square feet (1)
1.0 spaces/1,000 square feet (3)
4.0 spaces /1,000 square feet (3)
2.35 spaces /1,000 square feet (1)
(1) Parking factor based on parking analysis prepared by Linsoott, Law & Greenspan dated October 15, 2001
for Traffic Study 2001 -002 approved by Planning Commission Resolution No. 1542.
(2) Support Services generates parking demand that is accounted for in one of the other categories.
(3) Parking requirements based upon a study prepared by LSA Associates dated September 27, 1991.
F1NAL_Hoag._PC_041808aDOC 23
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
VIII. HOAG HOSPITAL LANDSCAPE REGULATIONS
A. General
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be reviewed by the City prior
to issuance of a Certificate of Use and Occupancy. The Landscape Plan shall
include a concept for rooftop parking and parking structures if proposed for the
Lower Campus. Trees shall not be used, however planter boxes, green roof
treatments or trellis systems shall be designed to provide added visual relief of
rooftop parking or parking structures. All rooftop or top of parking structure
landscaping proposals shall conform to the building height limits established in
this text.
2. Parking lot trees shall be no less than twenty -four (24) inch box size.
3. Shrubs to be planted in containers shall not be less than five (5) gallon size.
Ground covers will be planted from one (I) gallon containers or from rooted
cuttings.
4. Every effort should be made to avoid using plants with invasive and shallow root
systems.
5. Earth berms shall be rounded and natural in character, designed to obscure
automobiles and to add interest to the site. Wheel stops shall be so placed as
necessary to avoid damage to trees, irrigation systems, shrubs and other planting
materials.
6. Trees in parking lots should be limited in variety. Selection should be repeated to
give continuity. Regular spacing or the introduction of irregular groupings may
also be considered to add interest and variety. Care should be exercised to allow
plants to grow and maintain their mature size without restriction.
Emphasis shall be placed on the use of native, drought - tolerant, non - invasive
plants on the Lower Campus. On the Upper Campus, naturalized vegetation
selections, as well as those plants allowed on the Lower Campus, will be
emphasized. Automatically controlled irrigation systems shall be designed to
avoid surface runoff and over - watering.
8. Installation and maintenance of landscape, screening and irrigation systems per
Exhibit #6, Exhibit #7 and Exhibit #8. All improvements shall be shown on
landscape and irrigation plans to be reviewed and approved by the Planning
Department and which shall be in substantial compliance with the Exhibits #6, #7
and #8. Hoag shall complete all of the improvements within the timelines set
forth in Exhibit #6.
FINAL_Hoag_PC 041808a.DOC 24
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
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.
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
FINAL_Hoag PC_041808aDOC 25
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
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. Parkin¢ 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.
FINAL_Hoap_PC 04180W)OC 26
Hoag Memorial Hospital Presbyterian Planned Cauununity Development Criteria and District Regulations
IX. SUE 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:
Any project that differs from setback, horizontal and vertical articulation
requirements as set forth in Section V.D.2.
Planning Director's review:
Any project that could have the potential to generate emissions that could have an
impact to visual resources.
2. Any project that could have the potential to generate emissions creating
objectionable odors or other impacts to air quality.
Replacement of existing cooling towers, exeeptfor 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:
F1NAL_Hoag_PC 041808a.DOC 27
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
A plot plan, drawn to scale, showing the arrangement of buildings, driveways,
pedestrian ways, off -street parking and off -street loading areas, landscaped areas,
signs, fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off - street parking and
loading areas, the location of each parking space and loading space, and areas for
turning and maneuvering vehicles. The plot plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
(proposed to be removed and proposed to be retained); and indicating the amount,
type, and location of any landscaped areas, planting beds and plant materials with
adequate provisions for automatic irrigation.
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
FINAL_Hoa&_PC_041808a.DOC 28
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
consideration given to the mass and bulk of buildings and the streetscape on West
Coast Highway;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access
ways, landscaping and other site features shall give proper consideration to
functional aspects of site development.
5. Potential impacts shall be mitigated to less than significant levels.
G. Public 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.
r1NAt_aoag_PC_041808aooC 29
Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations
If the development is disapproved, the Commission shall specify the standard or standards that are
not met.
A Site Plan Review decision of the Planning Commission shall be subject to review by the City
Council either by appeal, or upon its own motion, or upon the request of the Commission. The action
of the Commission on any Site Plan Review shall be final and effective twenty -one (21) days
following the Commission action thereon unless, within the twenty-one (21) day appeal period an
appeal in writing has been filed by the applicant, or any other person, the Commission has requested
a review of its decision, or unless the City Council, not more than twenty-one (21) days after the
Commission action, on its own motion, elects to review and act on the action of the Commission,
unless the applicant consents to an extension of time. The City Council may affirm, reverse or
modify the decision. Such action by the City Council shall be final.
J. Aaueal 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
Expiration. Any Site Plan Review granted in accordance with the terms of this
Title shall expire within twenty -four (24) months from the date of approval if a
building permit has not been issued prior to the expiration date and subsequently
construction is diligently pursued until completion, unless at the time of approval
the Planning Commission has specified a different period of time.
2. Violation of Terms. Any Site Plan Review granted in accordance with the terms
of this Title may be revoked if any of the conditions or terms of such Site Plan
Review are violated or if any law or ordinance is violated in connection there
with.
3. Hearing. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the permittee at least ten (10) days prior
to the hearing, and shall submit its recommendations to the City Council. The
City Council shall act thereon within sixty (60) days after receipt of the
recommendation of the Planning Commission.
FINAL_Hoag_K_041808e.DOC 30
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HOAG LOWER CAMPUS IMPROVEMENTPLAN
Exhibit #7
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32
PACIFIC COAST HIGHWAY
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Background Ret Boning Wall r -8 Tan Hedge Screen Along Top of Existing Slope
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Child Care Center
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PARTIAL ELEVATION - PCH LANDSCAPE SCREEN (DRAFT)
Hoag Memorial Hospital Presbyterian
�TM1 a -u Exhilif lfH 33
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008 -10 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of May 2008.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH I
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008 -10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2008.
In witness whereof, I have hereunto subscribed my name this day of a
2008.
J.�
City Clerk
City of Newport Beach, California