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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