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HomeMy WebLinkAbout11 - Planning Commission Agendas & Action ReportsCITY OF °� mz NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. 11 January 8, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt<Dnewportbeachca.aov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(�newportbeachca.gov APPROVED:_ p, TITLE: Planning Commission Agenda Report for January 3, 2013 ITEM NO. 1 Minutes of December 20, 2012 The minutes were amended and approved (4 ayes, 3 absent). AYES: Ameri, Brown, Myers, Toerge, NOES: None ABSENT: Hillgren, Kramer, and Tucker ABSTAIN: None Public Hearing Items: ITEM NO. 2 Corporate Plaza PC Amendment (PA2012 -145) Site Location: 2 and 3 Corporate Plaza SUMMARY: An amendment to the Corporate Plaza Planned Community Development Plan and District Regulations to increase the permitted maximum square footage for medical /dental use at 3 Corporate Plaza by 200 square feet to a total of 3,300 square feet; and simultaneously decrease the maximum square footage of medical /dental use at 2 Corporate Plaza by 200 square feet to a total of 1,900 square feet. The applicant withdrew this application after the public hearing was noticed. No action required by the Planning Commission. I City Council Staff Report January 08, 2013 Page 2 ITEM NO. 3 Wardy Residence (PA2012 -140) Site Location: 1111 Dolphin Terrace SUMMARY: A request for approval of a Site Development Review to allow an increase in the boundaries of Development Area B for the purpose of the construction of a pool and retaining walls in Development Area C. The application also includes a request for a Modification Permit to allow a retaining wall over 8 feet in height from finished grade. These improvements are proposed in conjunction with the construction of a new single family residence. Planning Manager Patrick Alford gave a presentation summarizing the applicants' requests. The Planning Commission approved the project as recommended (4 ayes, 3 absent). AYES: Ameri, Brown, Myers, Toerge, NOES: None ABSENT: Hillgren, Kramer, and Tucker ABSTAIN: None ITEM NO. 4 Plaza Corona del Mar (PA2010 -061) Site Location: 3900 and 3928 East Coast Highway SUMMARY: The applicant requests approval of a horizontal mixed -use development with six detached dwelling units above a common subterranean parking structure, a 2,160- square -foot office addition above an existing 535 - square -foot delicatessen (Gallo's Deli), and a 10 -space shared surface parking lot. Associate Planner Jaime Murillo gave a presentation summarizing the applicants' request and addressed comments raised by the Planning Commission at the December 6, 2012 public hearing. The Planning Commission approved the project as recommended (4 ayes, 3 absent). AYES: Ameri, Brown, Myers, Toerge, NOES: None ABSENT: Hillgren, Kramer, and Tucker ABSTAIN: None 2 Submitted bv: , Deputy Director City Council Staff Report January 08, 2013 Page 3 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD THURSDAY, JANUARY 3, 2013 REGULAR MEETING — 6:30 p.m. CALL TO ORDER Agenda Item No. 1 1' January 8, 2013 II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC COMMENTS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 20, 2012 Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) Before speaking, please state your name for the record and print your name on the blue forms provided at the podium, If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. ITEM NO. 2 Corporate Plaza PC Amendment (PA2012 -145) Site Location: 2 and 3 Corporate Plaza Summary: An amendment to the Corporate Plaza Planned Community Development Plan and District Regulations to increase the permitted maximum square footage for medical /dental use at 3 Corporate Plaza by 200 square feel to a total of 3,300 square feet; and simultaneously decrease the maximum square footage of medical /dental use at 2 Corporate Plaza by 200 square feet to a total of 1,900 square feet. CEQA Compliance: This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.1b.3 of the CEQA Guidelines). Therefore, this activity is not subject to CEQA. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _ approving Planned Community Development Plan Amendment No. PD2012 -003. ITEM NO. 3 Wardy Residence (PA2012 -140) Site Location: 1111 Dolphin Terrace Summary: A request for approval of a Site Development Review to allow an increase in the boundaries of Development Area 8 for the purpose of the construction of a pool and retaining walls in Development Area C. The application also includes a request for a Modification Permit to allow a retaining wall over 8 feet in height from finished grade. These improvements are proposed in conjunction with the construction of a new single family residence. CEQA Compliance: The project is categorically exempt under Section 1530.3, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. approving Site Development Review No. SD2012 -005 and Modification Permit No. MD2012 -017. ITEM NO. 4 Plaza Corona del Mar (PA2010 -061) Site Location: 3900 and 3928 East Coast Highway Summary: The applicant requests approval of a horizontal mixed -use development with six detached dwelling units above a common subterranean parking structure, a 2,160- square -foot office addition above an existing 535- square -foot delicatessen (Gallo's Deli), and a 10 -space shared surface parking lot. The following approvals are requested or required in order to implement the project as proposed: 1. Site Development Review: to ensure compatibility with the site and surrounding land uses; 2. Conditional Use Permit: to allow parking for nonresidential uses in an off -site residential zoning district and to reduce the off - street parking to require two guest spaces for the six residential units where the Zoning Code requires three spaces; 3. Modification Permit: to allow a retaining wall up to 17 feet 2 inches in height, where the Zoning Code limits the height to 8 feet; 4. Tentative Tract Map: for residential condominium purposes and to consolidate five lots and portions of a vacated alley into two lots; and 5. Variance: for the residential structures to establish a 15 -foot front setback and corresponding buildable area where a 20 -foot setback is currently required. The project was continued from the December 6, 2012, Planning Commission meeting to allow staff to re- notice the public hearing to include a potential waiver of one guest parking space for the residential component of the project and to include additional analysis related to the architectural design and construction of the project. CEQA Compliance: The project is categorically exempt under Section 15332, of the California Environmental Quality Act (CEQA) Guidelines - Class 32 (In -Fill Development). Recommended Action 1. Conduct public hearing; and 2. Adopt Resolution No. _ approving Conditional Use Permit No, UP2012 -011, Modification Permit No. MD2012 -011, Site Development Review No. SD2012 -001, Tentative Tract Map No. NT2012 -001, and Variance No. VA2012 -007. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 2EW p�RT CITY OF NEWPORT BEQC C9GFORH`P City Council Staff Report H Agenda Item No. 11 January 8, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandtpnewportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(cilnewportbeachca.gov APPROVED: , o' 1 TITLE: Planning Commission Agenda Report for December 20, 2012 ITEM NO. 1 Minutes of December 6, 2012 The minutes were amended and approved (6 ayes, 1 abstention) AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: None ABSTAIN: Ameri Public Hearing Items: ITEM NO. 2 Uptown Newport (PA2011 -134) Site Location: 4311 -4321 Jamboree Road, North side of Jamboree Road. between Birch Street and Fairchild Road SUMMARY: The redevelopment of a 25 -acre office and industrial site with a mixed -use community consisting of up to 1,244 residential units, 11,500 square feet of neighborhood- serving retail space, and two 1 -acre public parks. Residential product types would be for sale and rental with a mix of townhomes, and mid- and high -rise apartments and condominiums. Between 102 and 369 units would be made available as affordable housing depending upon the target income category (i.e. very-low, low or moderate income households). Most buildings would range between 30 and 75 feet in height with several residential towers up to 150 feet in height. Project approval requires a Planned Community Development Plan amendment and adoption, Tentative Tract Map, Traffic Study, Affordable Housing Implementation Plan, and Development Agreement. City Council Staff Report January 08, 2012 Page 2 Principle Planner Jim Campbell gave a presentation summarizing the applicants' requests and detailing the changes to the application since the Planning Commission reviewed the item on December 6, 2013. The Commission continued their consideration to February 7, 2013, and directed staff to report the outcome of the several straw votes taken thus far related to several of their recommendations to the City Council, including: 1. No need to recirculate the draft Environmental Impact Report. 2. The draft Environmental Impact Report is adequate and should be referred for certification by the City Council. 3. The draft statement of overriding considerations is appropriate and should be referred to the City Council for consideration. 4. The proposed amendment of the Koll Center PC is appropriate and should be referred to the City Council for consideration. 5. The project is consistent with the General Plan and Integrated Conceptual Development Plan as it relates to vehicle and pedestrian connectivity with surrounding properties. 6. The following components of the proposed Uptown Newport Planned Community documents are adequate and should be referred to the City Council for adoption: a. Land Uses, Development Standards and Procedures (as modified) b. Phasing Plan (as modified) The Planning Commission will consider the proposed Design Guidelines, Tract Map conditions, Affordable Housing Implementation Plan, and Development Agreement on February 7, 2013. The Planning Commission voted unanimously to continue the item to February 7, 2013 (7 ayes). AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: None ABSTAIN: None Submitted by: , Deputy Director 0 Agenda Item No. 11 January 0, 2012 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD THURSDAY, DECEMBER 20, 2012 REGULAR MEETING —1:30 p.m. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV, PUBLIC COMMENTS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. V. REQUEST FOR CONTINUANCES VI. ITEM NO. 1 MINUTES OF DECEMBER 6, 2012 Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. ITEM NO.2 Uptown Newport (PA2011 -134) Site Location: 4311 -4321 Jamboree Road, North side of Jamboree Road. between Birch Street. and Fairchild Road Summary: The redevelopment of a 25 -acre office and industrial site with a mixed -use community consisting of up to 1,244 residential units, 11,500 square feet of neighborhood - serving retail space, and two 1 -acre public parks. Residential product types would be for sale and rental with a mix of townhomes, and mid- and high -rise apartments and condominiums. Between 102 and 369 units would be made available as affordable housing depending upon the target income category (i.e. very-low, low or moderate income households). Most buildings would range between 30 and 75 feet in height with several residential towers up to 150 feet in height. Project approval requires a Planned Community Development Plan amendment and adoption, Tentative Tract Map, Traffic Study, Affordable Housing Implementation Plan, and Development Agreement.) CEQA Compliance: Pursuant to the California Environmental Quality Act the City of Newport Beach has prepared Environmental Impact Report SCH No. 2010051094 to evaluate the environmental impacts resulting from the proposed project. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No._ recommending the City Council take the following actions: a. Certification of Environmental Impact Report No. ER2012 -001 (SCH #2010051094); and b. Approval of Planned Community Development Plan Amendment No. PD2011 -003, Planned Community Development Plan Adoption No. PC2012 -001, Traffic Study No. TS2012 -005, Tentative Tract Map No. NT2012 -002, Affordable Housing Implementation Plan No. AH2012 -001, and Development Agreement No. DA2012 -003. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 3 MOTION FOR RECONSIDERATION ITEM NO. 4 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ITEM NO. 5 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 10 2�WPaRr CITY OF NEWPORTREACH City Council Staff Report Agenda Item No. 11 January 8, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt(a)newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949- 644 -3297; bwisneski(@newportbeachca.gov APPROVED: �_ p, 1[ nq TITLE: Planning Commission Agenda Report for December 6, 2012 ITEM NO. 1 Minutes of November S, 2012 The minutes were amended and approved (5 ayes, 2 absent). AYES: Brown, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: Amer! and Hillgren ABSTAIN: None Public Hearing Items: ITEM NO. 2 Goldenrod Variance (PA2012 -126) Site Location: 211 Goldenrod Avenue SUMMARY: A variance application for a new single -unit dwelling to encroach 5 feet into the required 10 -foot rear yard setback, to exceed the maximum floor area limit by approximately 450 square feet, and to allow the third floor to be located closer than 15 feet to the front setback line. Associate Planner Fern Nueno gave a presentation summarizing the applicant's request. The Planning Commission approved the project as recommended (5 ayes, 2 absent). AYES: Brown, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: Ameri and Hillgren ABSTAIN: None 11 Planning Commission Agenda Report for December 6, 2012 January 08, 2013 Page 2 ITEM NO. 3 Plaza Corona del Mar (PA2010 -061) Site Location: 3900 and 3928 East Coast Highway SUMMARY: The applicant requests approval of a horizontal mixed -use development with six detached dwelling units above a common subterranean parking structure, a 2,160 - square -foot office addition above an existing 535 - square -foot delicatessen (Gallo's Deli), and a 10 -space shared surface parking lot. The following approvals are requested or required in order to implement the project as proposed: A site development review to ensure compatibility with the site and surrounding land uses; 2. A conditional use permit to allow parking for nonresidential uses in a residential zoning district and to allow off -site parking, 3. A modification permit to allow a retaining wall up to 17 feet 2 inches in height, where the Zoning Code limits the height to 8 feet; 4. A variance for the residential structures to establish a 15 -foot front setback and corresponding buildable area where a 20 -foot setback is currently required; and 5. A tentative tract map for residential condominium purposes and to consolidate five lots and portions of a vacated alley into two lots. Assistant Planner Makana Nova gave a presentation summarizing the applicants' requests. Following the public hearing, the Commissioners discussed concerns with the shared parking and trash areas and suggested staff explore options, such as waiving the required guest parking space or time restrictions, to ensure the parking spaces are available for the commercial uses. The Planning Commission voted continue the item to January 3, 2013 (6 ayes, 1 absent). AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: Amer! ABSTAIN: None ITEM NO. 4 Port Theater Alcohol Service (PA2012 -070) Site Location: 2905 E. Coast Highway SUMMARY: A minor use permit for the Port Theater to allow the addition of a Type 47 (On -Sale General) Alcoholic Beverage Control License in conjunction with food service at a landmark theater. The requested hours of operation for alcohol service are from 8:00 a.m. to 11:00 p.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily. Alcohol service during shows would be provided on the second floor mezzanine and access to this area would be limited to patrons 21 years of age and older. Alcohol service is also proposed throughout the theater (both the first and second level) during shows that are limited to patrons over the age of 21. This application has been referred to the Planning Commission by the Zoning Administrator for consideration and action. 12 Planning Commission Agenda Report.for December 6, 2012 January 08, 2013 Page 3 Assistant Planner Makana Nova gave a presentation summarizing the applicants' requests. Following the public hearing, the Planning Commission made several amendments to the conditions of approval. The Planning Commission approved the project as amended (6 ayes, 1 absent). AYES:. Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: Ameri ABSTAIN: None ITEM NO. 5 Uptown Newport (PA2011 -134) Site Location: 4311 -4321 Jamboree Road, northwest side of Jamboree Road between Birch Street and Fairchild Road SUMMARY: The redevelopment of a 25 -acre office and industrial site with a mixed -use community consisting of up to 1,244 residential units, 11,500 square feet of neighborhood - serving retail space, and two 1 -acre public parks. Residential product types would be for sale and rental with a mix of townhomes, and mid- and high -rise apartments and condominiums. Between 102 and 369 units would be made available as affordable housing depending upon the target income category (i.e. very-low, low or moderate income households). Most buildings would range between 30 and 75 feet in height with several residential towers up to 150 feet in height. Project approval requires a Planned Community Development Plan amendment and adoption, Tentative Tract Map, Traffic Study, Affordable Housing Implementation Plan, and Development Agreement. Associate Planner Rosalinh Ung gave a presentation summarizing the project and applicant's request focusing on the revisions to the planned community documents and tract map. Ms. Joann Hadfield of The Planning Center provided an overview of the California Environmental Quality Act (CEQA) process and Environmental Impact Report (EIR). A public hearing was conducted. After the close of the public hearing, the Planning Commission took straw votes related to the adequacy or recirculation of the EIR. The votes indicate that the Commission would find the EIR adequate and that there was no need to recirculate the document. The Commission also took a straw vote on a draft statement of overriding circumstances indicating that the Commission would recommend its adoption. Due to the lateness of the hour, the Planning Commission could not complete its deliberations on the overall project and they unanimously voted to continue consideration of the project to 1:30 P.M., December 20, 2012. (6 ayes, 1 absent). AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: Amer ABSTAIN: None S�uubbq,mitted by: 14 " )" U `Brk Wisnesl i, r 1CP,Deputy Director 13 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD THURSDAY, DECEMBER 6, 2012 REGULAR MEETING — 5:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC COMMENTS Public comments are invited on non - agenda items generall y jurisdiction of the Planning Commission. Speakers must limi signifies when three (3) minutes are up; yellow light signifies summation.) Before speaking, please state your name for the provided at the podium. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF NOVEMBER 8, 2012 Recommended Action: Approve and file Agenda Item No. 11 January 8, 2013 considered to be within the subject matter t comments to three (3) minutes. (Red light that the speaker has one (1) minute left for record and print your name on the blue forms VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. ITEM NO. 2 Goldenrod Variance (PA2012 -126) Site Location: 211 Goldenrod Avenue Summary: A variance application for a new single -unit dwelling to encroach 5 feet into the required 10 -foot rear yard setback, to exceed the maximum floor area limit by approximately 450 square feet, and to allow the third floor to be located closer than 15 feet to the front setback line. CEQA Compliance: The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _ approving Variance No. VA2012 -006. 14 ITEM NO. 3 Plaza Corona del Mar (PA2010 -061) Site Location: 3900 and 3928 East Coast Highway Summary: The applicant requests approval of a horizontal mixed -use development with six detached dwelling units above a common subterranean parking structure, a 2,160- square -foot office addition above an existing 535 - square -foot delicatessen (Gallo's Deli), and a 10 -space shared surface parking lot. The following approvals are requested or required in order to implement the project as proposed: 1. A site development review to ensure compatibility with the site and surrounding land uses; 2. A conditional use permit to allow parking for nonresidential uses in a residential zoning district and to allow off -site parking; 3. A modification permit to allow a retaining wall up to 17 feet 2 inches in height, where the Zoning Code limits the height to 8 feet; 4. A variance for the residential structures to establish a 15 -foot front setback and corresponding buildable area where a 20 -foot setback is currently required; and 5. A tentative tract map for residential condominium purposes and to consolidate five lots and portions of a vacated alley into two lots. CEQA Compliance: The project is categorically exempt under Section 15332, of the California Environmental Quality Act (CEQA) Guidelines - Class 32 (In -Fill Development). Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _ approving Conditional Use Permit No. UP2012 -011, Modification Permit No. MD2012 -011, Site Development Review No. SD2012 -001, Tentative Tract Map No. NT2012 -001, and Variance No. VA2012 -007. ITEM NO. 4 Port Theater Alcohol Service (PA2012.070) Site Location: 2905 E. Coast Highway Summary: A minor use permit for the Port Theater to allow the addition of a Type 47 (On -Sale General) Alcoholic Beverage Control License in conjunction with food service at a landmark theater. The requested hours of operation for alcohol service are from 8:00 a.m, to 11:00 p.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily. Alcohol service during shows would be provided on the second floor mezzanine and access to this area would be limited to patrons 21 years of age and older. Alcohol service is also proposed throughout the theater (both the first and second level) during shows that are limited to patrons over the age of 21. This application has been referred to the Planning Commission by the Zoning Administrator for consideration and action. CEQA Compliance: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 15 VIII. X. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _approving Minor Use Permit No. UP2012 -009 ITEM NO. 5 Uptown Newport (PA2011 -134) Site Location: 4311 -4321 Jamboree Road, North side of Jamboree Road. between Birch Street. and Fairchild Road Summary: The redevelopment of a 25 -acre office and industrial site with a mixed -use community consisting of up to 1,244 residential units, 11,500 square feet of neighborhood- serving retail space, and two 1 -acre public parks. Residential product types would be for sale and rental with a mix of townhomes, and mid- and high -rise apartments and condominiums. Between 102 and 369 units would be made available as affordable housing depending upon the target income category (i.e. very-low, low or moderate income households). Most buildings would range between 30 and 75 feet in height with several residential towers up to 150 feet in height. Project approval requires a Planned Community Development Plan amendment and adoption, Tentative Tract Map, Traffic Study, Affordable Housing Implementation Plan, and Development Agreement. CEQA Compliance: Pursuant to the California Environmental Quality Act the City of Newport Beach has prepared Environmental Impact Report SCH No. 2010051094 to evaluate the environmental impacts resulting from the proposed project. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. recommending the City Council take the following actions: a. Certification of Environmental Impact Report No. ER2012 -001 (SCH #2010051094); and b. Approval of Planned Community Development Plan Amendment No. PD2011 -003, Planned Community Development Plan Adoption No. PC2012 -001, Traffic Study No. TS2012 -005, Tentative Tract Map No. NT2012 -002, Affordable Housing Implementation Plan No. AH2012 -001, and Development Agreement No. DA2012 -003. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES ADJOURNMENT 16