2006-035-Approving A Time Extension To April 13 2006 For A Project To Construct 49 Apartment Units And A Rec Building On 615 Blossom Hill RdRESOLUTION 2006 - 035
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:S-12PD.
APN: 529-14-012
ARCHITECTURE AND SITE APPLICATION 5-06-036
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 is proposing 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
requested an extension on his application, which was due to expire on February 12,.2006. The
application was scheduled as a consent item at the planning meeting of February 8, 2006, but was
pulled for other considerations. The applicant was not present to discuss this or other.concerns.
D. The Planning Commission approved the extension to April 13, 2006 to allow the
applicant time to refile 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 ~rmation was presented or discussed.
F. Council concluded that there was error or abuse of discretion on the part of the
Planning Commission.
RESOLVED:
1. The appeal of the decision of the Planning Commission to deny a time extension of
one year from February 12, 2006 was granted.
2. 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 17"' day of Apri12006, by the following vote.
COUNCIL MEMBERS:
AYES.: Steve Glickman, Joe Pirzynski, Barbara Spector, Mire Wasserman,
Mayor Diane McNutt.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
CL RK AD ISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
~i~~ ~~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA