Loading...
08 Staff Report - 615 Blossom Hill RoadMEETING DATE: 04-17-2006 tow N o~ AGENDA ITEM: ~o , h COUNCIL AGENDA REPORT S ~ S DATE: April 11; 2006 TO: MAYOR AND TOWN COUNCIL /_'n / - FROM: ORRY P. KORB, TOWN ATTORNEY SUBJECT: ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A TIME EXTENSION TO APRIL 13, 2006 FOR A PROJECT TO CONSTRUCT 49 APARTMENT UNITS AND A RECREATIONAL BUILDING ON PROPERTY ZONED RM:5-12PD. APN: 529- 14-012. ARCHITECTURE AND SITE APPLICATION S-06-036. PROPERTY. LOCATION: 615 BLOSSOM HILL ROAD. PROPERTY OWNER: STEVEN DILBECK AND CUPERTINO DEVELOPMENT CORPORATION. APPLICANT/APPELLANT: CUPERTINO DEVELOPMENT CORPORATION RECOMMENDATION: Adopt resolution confirming Council's decision on April 3, 2006. DISCUSSION: On April 3, 2006, Council granted a an appeal of a Planning Commission decision approving a time extension to April 13, 2006 for a project to construct 49 apartment units and a recreational building on property zoned RM5-12PD and grant an extension of 12 months from date of expiration of application (February 12, 2006) Attachment: Proposed Resolution Distribution: Cupertino Development Corporation, 1307 South Mary Avenue, Ste 120, Sunnyvale CA 94087-3071 Steven Dilbeck, Dailey/Dilbeck Management, PO Box 2158, Santa Cruz, CA 95063-2158 William Errico, 6131 Southerness Dr., El Dorado Hills,.CA 95762 Rodger Griffin, Paragon Designs, 405 Alberto Way, Los Gatos, CA 95032 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp (NAATY\Report 615BHRd.wpd1 Reviewed by: Town Manager 53 Assistant Town Manager Clerk Finance Community Development Rev: 4/12/06 2:01 pm Reformatted: 7/19/99 File# 301-05 RESOLUTION 2006 RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A TIME EXTENSION TO APRIL 13, 2006 FOR A PROJECT TO CONSTRUCT 49 APARTMENT UNITS AND A RECREATIONAL BUILDING ON PROPERTY ZONED RM:5-12PD. APN: 529-14-012 ARCHITECTURE AND SITE APPLICATION S-06-036 PROPERTY LOCATION: 615 BLOSSOM HILL ROAD PROPERTY OWNER: STEVEN DILBECK AND CUPERTINO DEVELOPMENT CORPORATION APPLICANT/APPELLANT: CUPERTINO DEVELOPMENT CORPORATION WHEREAS: A. This matter came before the Town Council for public hearing on April 3, 2006,and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the appellant/applicant and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated March 28, 2006, along with subsequent reports and materials prepared concerning this application. C. The applicant/appellant received approval to construct 49 apartment units and a recreation building on 12.12 acres. Due to ongoing weakness in the market for apartment units, the applicant has applied for an extension of the prior approval, which was due to expire on February 12, 2006. The application for an extension was scheduled as a consent item at the planning meeting of February 8, 2006, but was pulled for discussion. The applicant/appellant was not present to discuss any of the Planning Commission's concerns. D. The Planning Commission approved an extension to April 13, 2006 to allow the applicant/appellant time to re-file another extension and be present at the public hearing. E. The applicant/appellant claims that the Planning Commission erred or abused its discretion because no new information was presented or discussed. F. Council determines that the concerns of the Planning Commission have been addressed by the applicant/appellant and that a one year extension should be granted. G. Pursuant to Town Code section 29.20.300 and solely for the purpose of modifying the decision of the Planning Commission, Council finds that there was error on the part of the Planning Commission in granting an extension of less than one year. This finding is not intended as a criticism of the Planning Commission's decision, which Council understands and approves of to the extent it was intended to address the applicant/appellant's absence from the meeting without unnecessarily jeopardizing the prior approval. RESOLVED: 1. The appeal of the decision of the Planning Commission to deny a time extension of one year from February 12, 2006 is granted. 2. The one year extension shall be measured from the date of approval of this resolution. 3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the 17th day of April 2006, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS, CALIFORNIA