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HomeMy WebLinkAboutRES CC 2015 3368 2015 0304 RESOLUTION NO. 2015-3368 A RESOLUTION APPROVING MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT NO. 2004-05: A REQUEST TO EXTEND THE EXPIRATION DATE FOR THE DEVELOPMENT OF SIXTEEN (16) HOMES, FIVE (5) CUSTOM HOME LOTS, AND ONE OPEN SPACE LOT ON APPROXIMATELY 42.4 ACRES WEST OF ELK RUN WAY AND EAST OF WALNUT CANYON ROAD AT CHAMPIONSHIP DRIVE, AND FINDING THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION APPLICABLE THERETO, ON THE APPLICATION OF BIRDSALL GROUP, LLC WHEREAS, on December 10, 2014, John Newton & Associates, Inc., filed an application on behalf of Birdsall Group / Canyon Crest Partners for Modification No. 1 to Residential Planned Development (RPD) Permit No. 2004-05 to extend the expiration date for the development of 16 homes, 5 custom home lots, and one open space lot on approximately 42.4 Acres Located East of Walnut Canyon Road at Championship Drive; and WHEREAS, at a duly noticed public hearing on March 4, 2015, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project as amended by Modification No. 1 is consistent with the Mitigated Negative Declaration adopted for the original project, including RPD Permit No. 2004-05, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration, in that the only change to the project is a 3-5 year extension of the RPD Permit, and that no additional environmental review is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director has determined that this project as amended by Modification No. 1 is consistent with the Mitigated Negative Declaration adopted for Resolution No. 2015-3368 Page 2 the original project, including RPD Permit No. 2004-05, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration, in that the only change to the project is a 3-5 year extension of the RPD Permit, and that no additional environmental review is required. SECTION 2. MODIFICATION FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.100: The proposed change in expiration date of RPD Permit No. 2004-05 would not have a substantial adverse impact on surrounding properties, nor change the findings in the Mitigated Negative Declaration prepared for the project. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Modification No. 1 to RPD Permit No. 2004-05 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 4.The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of March, 2015. nice S. Parviri, Mayor ATTEST: `�.<.�: ►r� s+��/`''.:. ilreA Maureen Benson, City Clerk , Exhibit A— Conditions of Approval Resolution No. 2015-3368 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT NO. 2004-05 1. Residential Planned Development (RPD) Permit No. 2004-05 will expire March 4, 2018 unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has worked diligently towards use inauguration during the initial period of time. The request for extension of this planned development permit must be made in writing at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. 2. All other conditions of approval for Residential Planned Development Permit No. 2004-05 shall continue to apply, except as revised herein. Should there be any conflict between the conditions of this Modification No. 1 and the conditions for Residential Planned Development Permit No. 2004-05, the conditions of this Modification No. 1 shall prevail. -END- Resolution No. 2015-3368 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2015-3368 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of March, 2015, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 18th day of March, 2015. Maureen Benson, City Clerk (seal)