1998-107-Denying Appeal Of A Decision From The Planning Commission To Initiate Proceedings To Designate A Site With A Landmark Historic Preservation Overlay ZoneRESOLUTION 1998 - 107
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A DECISION FROM THE
PLANNING COMMISSION TO INITIATE PROCEEDINGS TO
DESIGNATE A SITE WITH A LANDMARK HISTORIC
PRESERVATION OVERLAY ZONE.
PROPERTY LOCATION: 55 HERNANDEZ AVENUE
APPLICANT: TOWN OF LOS GATOS
APPELLANT: WILLIE AND HELEN MAYOR CADIENTE
WHEREAS:
A. This matter came before the Council for public hearing on April 20, 1998, continued
to June 1, 1998. on an appeal by Willie and Helen Mayor Cadiente, the owners of the subject
property, from a decision of the Planning Commission and was regularly noticed in conformance with
State and Town law.
B. The Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. The 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 April 9, 1998, the addendum dated April
15, 1998, and the report dated May 20, 1998 concerning this application.
C. On November 12, 1997 the Planning Commission first considered the application, and
continued the matter to December 10, 1997, and later to February 25, 1998. At the February 28,
1998 Planning Commission meeting Resolution 1998 -2 was adopted to initiate proceedings for the
historic designation. Initiation of proceedings does not constitute a decision to designate the property
1
nor does it effect the use of the property.
D. On March 6, 1998, the property owners appealed the decision of the Planning
Commission's decision on the following grounds:
I. The matter should be continued until a resolution of the hearing on an
arbitration that was initiated to resolve a dispute over who has fee simple interest in the subject real
property.
2. The Planning Commission was influenced that the subject site operates as a
nursing home company.
3. The Commission erred in failing to take the item off the agenda or holding it
for further research into the state of the ownership of the subject property.
4. The action of the Commission initiated a taking of the property.
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission is therefore denied.
2. The Planning Commission shall initiate proceedings to consider historic designation.
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 or federal law.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of July, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
L
SIGNED:<
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3