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1997-135-Approving An Architecture And Site And Conditional Use Permit Application To Construct A New Mixed Use Building Containing Office And Residential Uses On Property Zoned ORESOLUTION 1997 - 135 ADOPT RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN ARCHITECTURE AND SITE AND CONDITIONAL USE PERMIT APPLICATION TO CONSTRUCT A NEW MIXED USE BUILDING CONTAINING OFFICE AND RESIDENTIAL USES ON PROPERTY ZONED O (OFFICE). PROJECT APPLICATION: PRJ -97 -129. PROPERTY LOCATION: 16190 LOS GATOS BOULEVARD. APPLICANT: KENNETH M. BLACKWELL, INCORPORATED. PROPERTY OWNER: JERALD B. AND JUDITH A. ADAMS. APPELLANT: SHARON BRUNNER TURZO. 1 A. This matter came before the Council for public hearing on November 17, 1997, on an appeal by the applicant 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 November 6, 1997, concerning this application. C. On October 8, 1997 the Planning Commission approved the application to construct a mixed use building containing office and residential uses and to alternate the use of parking on property zoned Office. D. Appellant is appealing the Planning Commission's decision because of concerns about the additional encroachments of commercial /retail business into residential areas. E. The General Plan designation for the site is Mixed Use Commercial and the proposed use is consistent with this designation. F. The Planning Commission decision was correct. The appeal of the decision of the Planning Commission on Project PRJ -97 -129 is therefore denied. 2. The application approval on Project PRJ -97 -129 shall reflect those minor design changes presented to the Town Council on November 17, 1997. 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 besought 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1 st day of December, 1997 by the following vote. COUNCIL MEMBERS: AYES: Steven Blanton, Jan Hutchins, Mayor Linda Lubeck NAYS: Randy Attaway, Joanne Benjamin ABSENT: None ABSTAIN: None SIGNED: -`` < ✓ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST _ CLERK OF THE TOWN OF L; S GATOS LOS GATOS, CALIFORNIA