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AGENDA ITEM . �✓ <br /> TOWN OF <br /> MEETING DATE: November 26, 2019 <br /> TO: Honorable May & Council Members <br /> FROM: Yumie Dahn, Associate Planner <br /> SUBJECT: Appeal of Boulders Phase IV-C Amendment <br /> APPROVED BY / <br /> Jeff Loux, Tow Manager <br /> RECOMMENDATION: That the Town Council conduct a public hearing and adopt Resolution <br /> 2019-69 thereby taking the following actions: <br /> • Uphold the decision of the Planning Commission on the Boulders Phase IV Project <br /> Amendment; <br /> • Deny the appeal of the Planning Commission's approval on the basis that the required <br /> findings to approve the project can be made; <br /> • Determine the project exempt from further environmental review pursuant to Section <br /> 15061(b)(3) of the California Environmental Quality Act; <br /> • Approve the Project Amendment based on the recommended findings and subject to the <br /> recommended conditions of approval. <br /> • Deny the appellants' request for a refund of the appeal amount. <br /> As part of standard Town procedure, Town staff typically forwards and supports a prior Planning <br /> Commission decision to the Town Council on appeal. Due to additional staff research following <br /> the Planning Commission's October 2019 decision, the Town Council may consider the original <br /> staff recommendation to grant the application as submitted because the Commission was not <br /> provided entirely accurate information. It is unclear how the corrected information may have <br /> impacted the Planning Commission's review. Actions that the Town Council may take as an <br /> alternative to the recommended action include: <br /> 1. Grant the appeal and undo the Planning Commission action, leaving in place the 2015 <br /> condition, which requires lower affordable housing fees ($62,790.66 remaining for Phase <br /> IV-C; $2,325.578 per unit) and requires payment of both the affordable housing fees and <br /> the roundabout fees payable at Temporary or Final Occupancy; or <br /> 2. Grant the appeal and approve the appellants' request for the lower affordable housing <br /> fees ($62,790.66 remaining for Phase IV-C; $2,325.578 per unit) and allow payment of <br /> Page 1 of 12 <br />