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HomeMy WebLinkAboutRES PC 2021 660 2021 0727RESOLUTION NO. PC -2021-660 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL TO MODIFY A PREVIOULSY-APPROVED RESIDENTIAL PROJECT AT 635 LOS ANGELES AVENUE IN ORDER TO REDUCE THE NUMBER OF UNITS FROM 69 TO 63 WITH RELATED SITE CHANGES, REMOVE A CONDITION OF APPROVAL REQUIRING ALL UTILITIES TO BE PLACED UNDERGROUND, AND MODIFY THE TERMS OF THE DEVELOPMENT AGREEMENT, AND MAKING A DETERMINATION THAT A PREVIOUSLY ADOPTED NEGATIVE DECLARATION IS APPLICABLE TO THE PROJECT, ON THE APPLICATION OF MENASHE KOZAR FOR SUMMER LAND PARTNERS GROUP, INC. (ON BEHALF OF SKY LINE 66, LLC) WHEREAS, on February 19, 2020, the City Council conducted a duly noticed public hearing and adopted Resolution No. 2020-3888 approving Residential Planned Development Permit No. 2014-02 and Vesting Tentative Tract Map No. 5869 for the construction of a 69 -unit multi -family residential condominium project with a recreation center and associated site improvements on a previously developed 4.01 -acre lot located at 635 Los Angeles Avenue; and WHEREAS, on March 4, 2020, the City Council adopted Ordinance No. 482, approving Development Agreement by and between the City of Moorpark and Sky Line 66, LLC, in association with Residential Planned Development Permit No. 2014-02; and WHEREAS, on November 13, 2020, an application was filed to modify a previously -approved residential project at 635 Los Angeles Avenue in order to reduce the number of units from 63 to 63 with related site changes, remove a condition of approval requiring all utilities to be placed underground, and modify the terms of a development agreement by the City of Moorpark and Sky Line 66, LLC; and WHEREAS, at a duly noticed public hearing on July 27, 2021, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and too and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Interim Community Development Department has determined that Modification No. 1 to Residential Planned Development Permit No. 2014-02 and First Amendment to the Development Agreement is consistent with the Negative Declaration adopted for Residential Planned Development Permit No. 2014-02, and furthermore, that the Modification to the Residential Planned Development and First Amendment to the Development Agreement is exempt from the environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act because there is no possibility that the amendments to the Development Agreement may have a significant effect on the environment. Resolution No. PC -2021-660 Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission, based on its own independent analysis and judgment, concurs with the Interim Community Development Director's determination that Modification No. 1 to Residential Planned Development Permit No. 2014-02 and First Amendment to the Development Agreement is consistent with the Negative Declaration adopted for Residential Planned Development Permit No. 2014-02 and exempt from environmental review, pursuant to Section 15061(b)(3) of the California Environmental Quality Act. SECTION 2. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of Modification No. 1 to Residential Planned Development Permit No. 2014-02, subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto, and incorporated herein by reference. B. The Planning Commission recommends to the City Council approval of First Amendment to the Development Agreement subject to the amended Development Agreement included in Exhibit B. SECTION 3. FILING OF RESOLUTION: The Interim Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, Brodsly, Rokos, and Chair Landis. NOES: None ABSTAIN: None ABSENT: None Resolution No. PC -2021-660 Page 3 PASSED, AND ADOPTED this 27th day of July, 2021. c e, ,- - �) /' Kipp L dis Chai Douglas Spondello, AICP Interim Community Development Director Exhibit A — Special and Standard Conditions of Approval Exhibit B — First Amendment to the Development Agreement Resolution No. PC -2021-660 Page 4 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT NO. 2014-02 1. Prior to issuance of grading permit, the Applicant shall be required to pay an in - lieu fee of $210,000 for the undergrounding of utility poles required by Standard Condition of Approval No. 145.