08 Staff Report - 615 Blossom Hill RoadMEETING DATE: 04-17-2006
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DATE: April 11; 2006
TO: MAYOR AND TOWN COUNCIL
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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