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PC Res 4225RESOLUTION NO. 4225 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL RESCIND THE HISTORIC RESOURCE INVENTORY DESIGNATION OF PROPERTY LOCATED AT 119 S. SECOND STREET FROM THE CITY OF CAMPBELL'S HISTORIC RESOURCE INVENTORY LIST WHILE RETAINING THE PROPERTY ON THE CITY'S "POTENTIAL" HISTORIC RESOURCE SURVEY LIST, ALLOWING THE OPPORTUNITY FOR FUTURE DESIGNATION. FILE NO: PLN2015- 153 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2015-153: 1. The designation of the above referenced property is recommended to be rescinded from the Historic Resource Inventory due to the fact that the property changed ownership on October 8, 2012, causing a delay in updated ownership information from the County's tax roll system, during the review and public hearing process; and 2. The former property owner was properly noticed but did not properly disclose the pending designation to the new owner; and 3. Due to the change in ownership and the lack of disclosure between the previous owner and the current owner, the current owner was not aware of the Public Hearing to consider the designation in accordance with Campbell Municipal Code Section 21.64.020; and 4. Due to the change in ownership and the lack of disclosure between the previous owner and the current owner, the current owner was not initially aware of the basis for the designation or the regulations that result from the designation. 5. Upon finding out about the designation, the current owners applied for a rescission of the City Council designation decision. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. An undue hardship has been demonstrated by the owners of the properties proposed for designation. 2. Retaining the property on the City's "potential" historic resource survey list, and allowing the opportunity for the existing or future owner(s) to "opt-in" for designation meets the following purposes of the Historic Preservation Ordinance: Identify valuable and potentially valuable historic resources; foster public appreciation of a civic pride in the beauty of the city and the accomplishments of its past; and encourage the preservation of existing culturally and historically significant structures as well as landmark features on structures and sites. Planning Commission Resolution No. 4225 119 S. Second Street -Recommending rescission Page 2 of 2 THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council rescind the Historic Resource Inventory designation of property located at 119 South Second Street from the City of Campbell's Historic Resource Inventory list while retaining the property on the City's "potential" historic resource survey list, allowing the opportunity for future designation. PASSED AND ADOPTED tr AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: its 28th day of July, 2015, by the following roll call vote: Finch, Reynolds, Dodd, Rich, Kendall, Bonhagen, and Young None None None APPROVED: ' Pamela Finch, Chair ATTEST: