18151 Overlook Rd - Desk Item & Exhibit 27TOWN OF LOS GATOS ITEM NO: 2
DESK ITEM PLANNING COMMISSION STAFF REPORT
Meeting Date: June 8, 2016
PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT/
CONT ACT PERSON:
PROPERTY OWNER:
APPLICATION SUMMARY:
EXHIBITS:
Erin Walters, Associate Planner
ewalters@losgato sca.go v
Architecture and Site Application S-14-056
18151 Overlook Road (Located on the north side of Overlook
Road, west ofWissahickon Avenue)
Urban West, LLC, Nicole King
Ronald M . Tate
Requesting approval to demolish an existing single-family
residence, to construct a new single-family residence, and obtain
a grading permit on property zoned R-1 : 8. APN 510-40-146.
DEEMED COMPLETE: March 11 , 2016
FINAL DATE TO TAKE ACTION: September 11, 2016
Previously received with April 13, 2016 Staff Report:
1. Location Map
2. Findings
3. Recommended Conditions of Approval
4. Project Data Sheet
5. Applicant's Letters of Justification, received August 14 , 2014
and February 17, 2016
6. Town's Consulting Arborist Report , received June 1, 2015
7 . Amended Town 's Consulting Arborist Report, received
September 21, 2015
8. Original Development Plans (elevations only), received
August 14 , 2014 and reviewed by the Town's Consulting
Architect
9. Town's Consulting Architect report, received April 29, 2015
10 . Amended Town's Consulting Architect Report, received
August 20, 2015
11. Amended Town's Consulting Architect Report, received
December 11, 2015
12. Email to Staff from Town 's Consulting Architect, received
January 6, 2016
13. Applicant's Outreach Letter to Neighbors, received August 5 ,
2015
14. Public Comments received by 11 :00 a.m. April 7, 2016
15. Colors and Materials, received January 6 , 2016
16. Development Plans, received March 11 , 2016
Planning Commission Staff Report -Page 2 of 2
18151 Overlook Road/S-14-056
June 8, 2016
REMARKS:
Previously received with April 13, 2016 Desk Item:
17. Comments received from 11:01 a.m. on April 8 , 2016 to
11 :00 a.m. on April 13, 2016
18. Applicant 's Letter, Proposed Landscape Screening Plan, and
Photo Simulations of the Neighbor's View with Proposed
Screening, received April 12, 2016
19. Applicant's email correspondence with Neighbors, received
April 12, 2016 and April 13 , 2016
Previously received with May 25, 2016 Staff Report:
No exhibits
Received with June 8, 2016 Staff Report:
20. Letters from Applicant, received May 26, 2016 (three pages)
and May 27 , 2016 (11 pages)
21. Email to Neighbor, received April 29, 2016 (one page)
22. Applicant's Arborist Report, received May 26, 2016 (five
pages)
23. Landscape Privacy Screening Options, received May 26,
2016 (two pages)
24. Email from Neighbor, received May 25 , 2016 (three pages)
25. Photographs of Neighbor's View, received May 27 , 2016
(three pages)
26. Currently proposed Development Plans, received April 29,
2016 (12 pages)
Received with thi s Desk Item Report:
27. Comment received from 11 :01 a.m. on June 2 , 2016 to
11 :00 a.m. on June 8 , 2016
The attached public comment (Exhibit 27) was received after di stribution of the staff report.
Prepared by:
Erin Walters
Associate Planner
JP:EW:cg
pproved by:
Joel Paulson, AICP
Community Development Director
N :\DE V\PC REPORT S\2 01 6\0 verl oo kRd 181 5 1_6-8-I 6. A&S Des k ltem.docx
From: Rita Kelly [mailto:ritakellyl@comcast.net]
sent: Tuesday, June 07, 2016 12:11 PM
To: Erin M. Walters
Cc: David Kelly
Subject: Re: 18151 Overlook Road Los Gatos Kelly Letter
Erin,
This letter is in response to Mr. Tate's letter dated May 261h, 2016.
RECE\VED .
s--14 -0£?&
JUN O 7 2016
TOWN OF LOS GATOS
PLANNING DIVISION
We would like to convey to the town and Mr. Tate that we were not trying to make him feel
personally attacked. In fact, I enjoyed meeting Mr. Tate and found his life story to be admirable and
interesting . Unfortunately, we have felt personally attacked ever since the two large trees were
removed on the Overlook property and the story poles were erected destroying our privacy.
We are very disappointed that we could not come to terms with Urban West but we are exhausted
from this whole process. Based on the way it was handled by Urban West, there was no way for us
to come to agreement and it seemed they were not really serious in trying to get the privacy trees
put in our yard. This is demonstrated by the legal document that was given to us placing all the
burden of doing the work and liability on us and Mr. Tate's continued advice that our best option was
to let them put the privacy screen on the Overlook property .
In addition, we felt they were using a hard line approach on us by demanding that we complete tasks
based on a timeline they needed to meet. And they put additional pressure on us by stating that the
Town of Los Gatos was requesting that we complete tasks by defined dates as demonstrated in a
May 23rd email from Kelly Mozumber of Urban West where she wrote "The Town is requesting a
response from you before Friday regarding this viewing of the proposed trees." We later
found out The Town had not made such a request.
In addition to the barrage of emails that we were re ce iving starting Monday night (May 23rd) and
Tuesday morning, Urban West was calling us on our cell phones and even called our arborist
insisting that we look at the tree s---most of the calls were before 9 AM on Tuesday the 23 rd. I was
on the phone with my parents discussing my father's impending surgery and had just got my family
off to school and I was trying to get prepared for a meeting that I had scheduled for 11 AM . It was
very stressful and I felt like I was being a harassed.
Still I was trying to make things work and I had just set a possible time with my arborist when I
received Mr. Tate's email stating the following "These are the trees will be planting on our side of
the fence in the event that you find them not to be acceptable. We have been very
accommodating, understanding and patient to your requested privacy screening. However,
every day of the delay of the Town approval of the new home is very costly. I need your
approval or disapproval of the proposed trees by Thursday."
It should also be noted that we were not given any notification on the week before that we needed to
do this and in fact I had to inquire if their arborist had inspected the trees. (We were told he
inspected them on Friday May 201h and we rece ived his report on the afternoon of Tuesday May 23rd
attached to Mr. Tate's ultimatum email referenced above .)
After I received this email, I decided it was futile to continue. The whole process has placed undo
stress and work on us and it is not addressing the real problem that the house is too big.
EXHIBIT 2 7
Mr. Tate was offended that I referred to the project as a "flip" and I apologize if I used the term
improperly. He is rebuilding a house, that he does not intend to live in, for a profit. And please note
that I am not opposed to him profiting from a rebuild or flip. I am opposed to him building a house
that diminishes the value of my house by severely impacting my privacy and potentially changing the
character of my neighborhood by setting the precedent that it is okay to build homes that tower over
their neighbor's yards.
In addition, he also states that it would be improbable that the new owners would remove the privacy
trees and I would agree except that we just experienced such an improbable event when Urban
West removed the two large privacy trees that once shielded our yard .
Mr. Tate also mentioned that we signed a form letter saying we received the plans for the Overlook
property. This is true and my husband called Lance Tate to discuss what the plans meant since they
were printed on an 8 "x11 " sheet and were impossible to read. Lance left my husband with the
impression that the new house was not going to be any taller than the existing structure and so we
were very excited to have a new house behind us. It was not until the trees came down and the
story poles went up that our excitement turned to disappointment and stress.
We are opposed to the plans for this house and the impact it will have on us and our neighborhood.
Thank you,
Rita and David Kelly