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Attachment 08 through 16FILING FEES ( $361.00 (PLAPPEAL) Residential $1,449.00 (PLAPPEAL), per Commercial Multi-family or Tentative Map Appea l T RANSCRIPTION $500 (PL TRANS) PROJECT I APPLICATION NO: ADDRESS LOCATION: follows : (PLEASE TYPE OR PRINT NE DATE OF PLANNING COMMI SS ION I g If I C)j,/e;7Z1..coJL P...0 I LDS Yti.TOS Pursu ant to the Town Code, the Town Coun c il may only grant an appeal o f a Pla1U1in g Commission decis ion in m os t m a tters if th e C o uncil find s that one o f three (3) reason s exis t for granting the appeal by a vote of at lea st three (3) Council m e mbers. The refore, please sp ecify how one of those reason s exists in the appeal : 1. The Planning Commi ssion erred or abu sed its discretio n because ;+ ~-~~~--t~---~------~-~ ~ 100 "/. ~ht ;.:-..+ "".-u ·r;:_ 2 . There is new information that was n o t reasonably available at the time of the Planning C ommission decis ion, which is Is SY'-,.,Jv-&Jl:,..J fll'• "'4 l'\AAd ovr re.Go-"' ~;;kkct ,·.5 i:,.g·r'l7 vc:;r olv~cf ________________________ (please attach the new information if p o ssible): OR 3 . The P lanning Commi ssion did not h ave discretion to modify or address the fo ll owing po licy or issue that is vested in the Town Coun cil : ______________________________________ _ IF MORE SPACE IS NEEDED, P LEASE ATTACH ADDITIO NA L SHEETS . IMPORTANT: l . Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing. 2. Appeal must be fil ed w ithin ten (IO) calendar days of Planning Commission Decision a ccompa nied b y the require d filing fee. Deadline is 5 :00 p .m . on the lO'h day fo llowing the d ecis io n . If the 10 th day is a Saturday, Sunday, or Town holiday, then it may b e filed on the workday imme diately following the 10th d ay, u sually a Monday. 3. The Town C lerk will set the h earing w ithin 56 days of the d ate of the P lanning Commiss ion Decision (Town Ordinance No. 1967) 4 . An a ppeal regarding a C hange of Zone application or a subdiv ision map only must b e fi led within th e time limit s p ecifi ed in the Zoning or Subdivision Code, as applicable, which is different from o th er a ppeals . 5 . Once fil ed, the appeal will be h eard by the Tow n Council. 6. If the reason for gr anting a n a ppeal is the receipt of new information, the application w ill u su ally be returned to the Planning Commission for r econ siderati on. S IGNATURE:c::--1 ---;;/. , , 7. PRINT NAME : I ' ADDRESS: ~£. 54,._,7* C-t:z .. vL Av..£: . f:L-'1-• DATE: PHONE: ( 408) Jq'1-449 .ro ' los 4A'To~, IA <=? S-0 ~() *** OFFICIAL USE ONLY *** DATE OF PUBLIC HEARING: Pendin g Pla nning Department C o nfirmat ion DATE TO SE ND PUBLIC ATIO N:------- CONFIRMATION LETTER SENT: Date: TO A PPLICANT & APPELLANT BY : DATE OF PUBLICATION : ATTACHMENT 8 101 .?0U This Page Intentionally Left Blank June 21,2016 Town Council 11 O E. Main Street Los Gatos, CA 95030 (' URBAN WEST RECEIVED JUN 2 I 2016 TOWN OF LOS GATOS PlANNING DIVISION RE: 18151 Overlook Road-Appeal of Planning Commission Decision Council Members, We are appealing Planning Commission's June 8th decision to deny approval of our Architecture and Site Application S-14-056. It is our contention that the Commission (and Planning staff, for recommending deniaO erred or abused their discretion by disregarding the Town's own policies, standards and guidelines. We believe this to be so for the following reasons: 1. The current policy is to refer a project to Planning Commission if the proposed home is larger than any in the immediate neighborhood. Our proposed home is not the largest and faces a much larger home (on a larger parcel) as well as a condominium complex. 2 . As part of protocol our plans were sent to a consulting architect for an impartial review. Our project was reviewed twice by the consulting architect who deemed the house well designed and compatible with the neighborhood in terms of size, scale, height and character. We feel that both impartial reports have been ignored. 3 . Commission disregarded the Town's cellar policy highlighted by Commissioner Badame going so far to refer to the home as 3,000+ square feet, although the Town's guidelines define the home as 2 ,326 square feet. The cellar does not add any height to the proposed home. 4. Our team worked for over a year to address all of the concerns of Staff. Our plans have been revised numerous times to address Staff concerns, save mature trees, and assure proper drainage. Notably, between the recommendations of the Town's arborist and engineering staff, the location and floor elevation of the home cannot be lowered or shifted without harming a tree or creating a drainage problem.· · 5. The Kelly 's, our neighbor to the rear of the property, complained of a privacy issue and in response we offered multiple mitigation measures that will solve the privacy 22 S. Santa Cruz Ave ., FL 2 1 Los Gatos, CA 95030 ATTACHMENT 9 408.399 .4950 I 408 .399.4960 Fa xI info@urbanwe st.com I www.urbanwest.com concerns. Still, the Comm ission essentially granted a single neighbor a veto power over the project even with a reasonable solution available. 6. We are 100% compliant with all town design guidelines. It was our impression that if we were to solve the privacy issues with the Kelly's that this project would be approved. We have offered to plant privacy screening trees along the Kelly's property (although we were unable to come to an agreement on how we wou ld logistically execute the privacy solution). We also lowered the home six inches and the window facing their home 8 inches to reduce the privacy i mpact of the master bedroom egress window. We remain committed to providing the screening at our sole cost. None of these issues would exist if we were allowed to remove Tree #14 (shown in the diagram below and on our Plan Set Cover Page). The existence of Tree #14 forces the bulk of the home up against Overlook, where we would normally be able to spread it out over the remaining property. If we were able to eliminate Tree #14 we would happily design a one story home (with a basement). ;. r~;,~e ... y. ~ I .~ ;.... i ~""'- As you can see, our request for appeal is not without merit and we thank you in advance for your consideration our application. Sincerely, (). 4- Lance Tate, managing member Urban West, LLC 22 S. Santa Cruz Ave ., FL 2 1 Los Gatos, CA 95030 408 .399 .4950 I 408 .3 99 .4960 Fax I info@urbanwest.comI www.urbanwest .com Town of Los Gatos c/o: Erin Walters 110 E. Main Street Los Gatos , CA 95030 URBAN WEST RE: 18151 Overlook Road, Sight-Line Drawing To whom it may concern: July 27 , 2016 RECEIVED JUL 2 7 2016 TOWN OF LOS GATOS PLANNING DIVISION ~ -l~-e>Sh I would like to thank you for your review of our Sight -Line drawing to aid in the review of 18151 Overlook Road. This sight-line diagram illustrates the considerable distance between the two residences and how tall a tree will need to be to block the sight-line . Other significant considerations: • The exi sting Overlook house is 2-stories with the living areas on the 2nd floor (the new house moves the living rooms to the ground level). • It is normal for houses to have bedroom windows overlooking their own backyard . • It is normal to have screen planting between backyards to provide privacy. Again , I want to thank you for your review. If you have questions or concerns please address them via email to lance@urbanwest.com and my head of development nicole@urbanwest.com. We look forward to working with you on this project. Sincerely, Lance Tate Managing Member 22 S. Santa Cruz Avenue , 2"" Fl oor ' I ' Los Gatos, California 95030 408.399.4950 ~ info@urbanwest.com ATI'ACHMENT 1 0 ··. ·: ._·· .:·: w ·---'£-~ __ &. ~-T l. < N E c. ,( : ~-! ~ h ~ ~i..)1 . ;1<7.S~-~ ---=-------· _]"_ -fl . . cor~l\6 e . f f2.. 0 pc.:>·(1 ~ p 11 ~:) ~ e p R D fl?'7E X' --r f-1'.~ E: ;;; .e; -----...-.. _____ .,., L 1 I I I I I i i I I I I l i I ' \ ·subject: Cellars TOWN COUNCIL POLICY ~OWN OF LOS GATOS Page 1of2 Enabling Action: 2002-167 . !dR'7' Apprav.W~· . Effective Date: October 21, 2002 Randy Attaway, Mayor PURPOSE: General Plan policy L.P .2.3 states : "Encourage basements and cellars to provide "hidden" square footage in-lieu of visible mas·s." The following policy shall be used by staff when reviewing plans that include a cellar. DEFINITION: A cellar is an enclosed area that does not extend more than ' four feet above the existing or finished grade in any location. Cellars, as defined here, shall not be included in the FAR. That area ·of a cellar where the building height exceeds four feet above existing or finished grade shall not be included in this definition and shall be included in the floor area calculation. For purposes of this policy, whichever grade (existing or proposed) results in the 1~owest building profile of a building shall be used. · POLICY: In review~ng plans for cellars staff shall consider the following: • A cellar shill not extend more than four feet above the adj acent finis hed grade at any point around the perimeter of the foundation. Below grade floor area must meet the abo ve definition of cellar to be excluded from the floor area calculations for the structure. • If any portion of a ce~ar extends more than four feet above grade, that area shall be included in the floor area calculation. \ C:\Oocumenr s aRJ SetlioKJ\MR .. m\1$1\1.oal S<Ui.n p \Ttmp\Cellar-policy.wp<I Revi>cd September 20. 200:? ATTACHMENT 1 2 I l-\ 1 l ' RESOLUTION 2002-167 RESOLUTION OF THE· TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING CELLAR AND ATTIC POLICIES WHEREAS, the Town of Los Gatos does not cui:rently have any written codes or policies regulating cellars and attics, and WHEREAS , the General Pl?Jl encourages use of basements and cellars to provide hidden square footage in-lieu of.above ground visible mass (Policy L.P.2.1); and WHEREAS, adoption of such policies will help pro vide 'dear direction to developers and homeowners processing development applications (General Plan Implementing Strategy L.I.7.4); ana WHEREAS, adoption of such policies will help reduce the bulk and mass and scale of new ~ . . and remodeled homes; and THEREFORE BE.IT RESOLVED: the Town Council of the TOWN OF LOS GATOS. does hereby adopt the Cellar and Attic Policies attached hereto as Exhibits A and B. · PASSED AND ADOPTED at a-regular ~eeting of th ~ Town :~ouncilheld on the .21st day of October ·2002, by the following vote: COUNClL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve alickman, Joe Pirzyns k.i , Mayor.Randy Attaway. _1, ~ NAYS: .None ABSENT: None ABSTAIN: None · SIGNED: ATTEST: ·lu~~~Vz_ CLERK -OF THE TOWN OF LOS GATOS LOS GATOS, CALlFORNIA .~ ~ ... . . ·, "· ) ·~--... ... ..-/ PLANNING COMMISSION POLICY TOWN OF LOS GATOS Subject: Planning Commiss ion Interpretation of Cellar Policy Effective Date: October 5, 2004 PURPOSE To establish a policy on the number and location of cellars perinitted under the Town Council's Cellar Policy SCOPE This policy applies to cellars as defined by the Town Council Policy adopted under Resolution 2002-167. POLICY . . A cellar shall not extend beyond the footprint of the main building (included attached garage) or detached a ccessory structure. One cellar is permitted per property. Addition cll cellars shall be included in the floor area calculation. · I N :\DEV\Judie\Outbox\2005\P olicy -Cellars.wpd I I • Light and exit wells may encroach into front and side yard setbacks provided that a minimum three~foot wide pedestrian access is provided. around the light well(s). Light wells and exiting shall be the minimum required to comply with the Uni form Buildind Code criteria for natural light and ventilation. · • Below grade patios may extend out from a cellar into the required rear yard provided that a minimum 10 foot setback is retained from the rear property line. • Cellars and basements (except light and exit wells) shall not extend beyond the building footprint. • The Planning Commission may allow an exception to this policy based on extenuating or exceptional d.rcumstances applicable to the property including size, shape, topography, location or surroundings. The Commission , shall make findings_ to support such a decision. C:\Oocumenu and Settings\M!Wmuss\l..oc:a l Settln¢Temp\Cdlar·;iolicy.wpl Revised Septemw 20. 2002 I I I ·-···------------ ------------------..... RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE, CONSTRUCT A NEW SINGLE-FAMILY RESIDENCES AND OBTAIN A GRADING PERMIT ON PROPERTY ZONED R-1:8 APN: 510-40-146 ARCHITECTURE AND SITE APPLICATION: S-14-056 PROPERTY LOCATION: 18151 OVERLOOK ROAD PROPERTY OWNER: RONALD M. TATE APPLICANT: URBAN WEST, LLC, NICOLE KING APPELLANT: LANCE TATE WHEREAS, on April 13, 2016 and June 8 2016, the Planning Commission held public hearings and considered a request to demolish an existing single-family residence, construct a new single-family residence, and obtain a grading permit on property zoned R-1:8. The Planning Commission denied the application at the June 8, 2016 Planning Commission public hearing. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying to demolish an existing single-family residence, construct a new single- family residence, and obtain a grading permit; and WHEREAS, this matter came before the Town Council for public hearing on August 2, 2016, and was regularly noticed in conformance with State and Town law. WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town 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 for their meeting on August 2, 2016, along with any and all subsequent reports and materials prepared concerning this application. ATTACHMENT 13 Draft Resolution to be modified by Town Council deliberations and direction. WHEREAS, Council finds as follows: A. The Council could not make one or more of the following, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to demolish an existing single-family residence, construct a new single-family residence, and obtain a grading permit on property zoned R-1:8 is denied. 2. 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 and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of August, 2016, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\2016\Overlook18151_DenyAppeal With Exhibit.A.docx EXHIBIT A TOWN COUNCIL – August 2, 2016 REQUIRED FINDINGS & CONSIDERATIONS FOR: 18151 Overlook Road Architecture and Site Application S-14-056 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. PROPERTY OWNER: Ronald M. Tate APPLICANT: Urban West, LLC, Nicole King FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. Required finding for the demolition of a single-family residence: ■ As required by Section 29.10.09030(e) of the Town Code for the demolition of a single- family residence: 1. The Town's housing stock will be maintained as the single-family residence will be replaced. 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures is limited due to the work done by a prior owner. Required Compliance with the Residential Design Guidelines: ■ The project is in compliance with the Residential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: ■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. N:\DEV\FINDINGS\2016\OVERLOOKROAD18151.DOCX RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE, CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE, AND OBTAIN A GRADING PERMIT ON PROPERTY ZONED R-1:8 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 510-40-146 ARCHITECTURE AND SITE APPLICATION: S-14-056 PROPERTY LOCATION: 18151 OVERLOOK ROAD PROPERTY OWNER: RONALD M. TATE APPLICANT: URBAN WEST, LLC, NICOLE KING APPELLANT: LANCE TATE ‘ WHEREAS, on April 13, 2016 and June 8 2016, the Planning Commission held public hearings and considered a request to demolish an existing single-family residence, construct a new single-family residence, and obtain a grading permit on property zoned R-1:8. The Planning Commission denied the application at the June 9, 2016 Planning Commission Public Hearing. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying to demolish an existing single-family residence, construct a new single- family residence, and obtain a grading permit; and WHEREAS, this matter came before the Town Council for public hearing on August 2, 2016, and was regularly noticed in conformance with State and Town law. WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town 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 for their meeting on August 2, 2016, along with any and all subsequent reports and materials prepared concerning this application. ATTACHMENT 14 Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 10 WHEREAS, Council finds as follows: A. One or more of the following, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to demolish an existing single-family residence, construct a new single-family residence, and obtain a grading permit on property zoned R-1:8 is granted and the application is remanded to Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the application will be returned to Planning Commission for further consideration. ATTACHMENT 10 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of August, 2016, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\2016\Overlook18151_RemandAppeal.docx RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE, CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE, AND OBTAIN A GRADING PERMIT ON PROPERTY ZONED R-1:8 APN: 510-40-146 ARCHITECTURE AND SITE APPLICATION: S-14-056 PROPERTY LOCATION: 18151 OVERLOOK ROAD PROPERTY OWNER: RONALD M. TATE APPLICANT: URBAN WEST, LLC, NICOLE KING APPELLANT: LANCE TATE WHEREAS, on April 13, 2016 and June 8, 2016, the Planning Commission held public hearings and considered a request to demolish an existing single-family residence, construct a new single-family residence, and obtain a grading permit on property zoned R-1:8. The Planning Commission denied the application at the June 8, 2016 Planning Commission public hearing. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying to demolish an existing single-family residence, construct a new single- family residence, and obtain a grading permit; and WHEREAS, the applicant appealed the decision of the Planning Commission based on their belief that the Planning Commission erred or abused in its discretion because the Planning Commission ignored the fact that the project is compliant with Town guidelines and ignored that the Town’s Consulting Architect found the project to be compatible with the neighborhood in size, mass, height and character; and WHEREAS, this matter came before the Town Council for public hearing on August 2, 2016, and was regularly noticed in conformance with State and Town law. ATTACHMENT 15 Draft Resolution to be modified by Town Council deliberations and direction. WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town 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 for their meeting on August 2, 2016, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council makes one or more of the following findings, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision.\ NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to demolish an existing single-family residence, construct a new single-family residence, and obtain a grading permit on property zoned R-1:8 is granted and Architecture and Site application S-14- 056 is approved. 2. The Town Council hereby adopts all findings, considerations and conditions of approval set forth in the documents attached as Exhibits A and B and development plans received April 29, 2016. 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 and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of August, 2016, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\2016\Overlook18151_ApproveAppeal With Exhibits A&B.docx This Page Intentionally Left Blank EXHIBIT A TOWN COUNCIL – August 2, 2016 REQUIRED FINDINGS & CONSIDERATIONS FOR: 18151 Overlook Road Architecture and Site Application S-14-056 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. PROPERTY OWNER: Ronald M. Tate APPLICANT: Urban West, LLC, Nicole King FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. Required finding for the demolition of a single-family residence: ■ As required by Section 29.10.09030(e) of the Town Code for the demolition of a single- family residence: 1. The Town's housing stock will be maintained as the single-family residence will be replaced. 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures is limited due to the work done by a prior owner. Required Compliance with the Residential Design Guidelines: ■ The project is in compliance with the Residential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: ■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. N:\DEV\FINDINGS\2016\OVERLOOKROAD18151.DOCX This Page Intentionally Left Blank EXHIBIT B TOWN COUNCIL – August 2, 2016 CONDITIONS OF APPROVAL 18151 Overlook Road Architecture and Site Application S-14-056 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. PROPERTY OWNER: Ronald M. Tate APPLICANT: Urban West, LLC, Nicole King TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 4. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Arborist Resources, identified in the Arborist’s reports dated as received June 1, 2015, and received September 21, 2015, on file in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. 7. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Refer to tree fencing requirements and other protection measures identified in the Arborist Reports prepared by Arborist Resources, identified in the Arborist’s reports dated as received June 1, 2015, and received September 21, 2015, on file in the Community Development Department. Include a tree protection plan with the construction plans. 8. TREE REPLACEMENT: Per Tree Removal Permit T15-053, plant three (3)-36" box trees on property prior to issuance of Building Final. One of the tree replacements must be an oak tree located in the same rear yard location that the previous oak tree was removed. Tree replacements require the Town Arborist’s approval. 9. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. 10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 11. LANDSCAPE SCREENING: 24-gallon evergreen/drought tolerant trees/hedges shall be planted in the rear yard to provide a landscape privacy buffer between properties prior to issuance of a Certificate of Occupancy. This privacy buffer shall be maintained. Modified landscape plans shall be reviewed and approved prior to issuance of a building permit. 12. ARCHITECTURAL CONSULTANT REQUIREMENTS: The developer shall implement, at their cost, the recommendation made by Cannon Design Group, identified in the Architectural Consultant reports, dated as received April 29, 2015, August 20, 2015, and December 11, 2015 on file in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendation has or will be addressed. This recommendation must be incorporated in the building permit plans, and completed prior to issuance of a building permit. 13. OBSURE GLASS: Obscure glass shall be utilized in the second story bathroom window at the rear elevation and incorporated into the building plans. 14. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town’s demolition inspection. 15. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 16. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. Building Division 18. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the existing single-family residence and detached garage and a Building Permit shall be required for the construction of the new single-family residence. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 19. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 20. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum size 30” x 42”. 21. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed form to the Building Department Service Counter with the air District’s J# Certificate, PG&E verification, and three (3) sets of site plans showing all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town. 22. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. As an alternate, the necessary foundation elements can be designed by a licensed Civil Engineer to the Minimum Requirements of Chapter 4 of the 2013 California Residential Code. 23. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report, and that the building pad elevation and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining Walls 24. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences per Town Resolution 1994- 61: a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls at water closets, showers, and bathtubs, located 34-inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32-inches wide on the accessible floor. c. Primary entrance shall be a 36-inch wide door including a 5’x5’ level landing, no more than 1/2-inch out of plane with the immediate interior floor level with an 18-inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired at primary entrance. 25. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i.e. directly printed, onto a plan sheet. 26. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 -inches above the elevation of the next upstream manhole. 27. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of Chimney. 28. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly. 29. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface Fire Area and must comply with Section R327 Materials and Construction Methods for Exterior Wildfire Exposure of the 2013 California Residential Code. 30. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California licensed Architect or Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182. 31. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Arc hitect or Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 32. SPECIAL INSPECTIONS: When a special inspection is required b y CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. 33. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at www.losgatosca.gov/building. 34. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division- Erin Walters (408) 354-6867 b. Engineering/Parks & Public Works Department- Ryan Do (408) 395-5340 c. Santa Clara County Fire Department- (408) 378-4010 d. West Valley Sanitation District- (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District (415) 771-6000 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 35. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications, and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right -of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 36. APPROVAL: This application shall be completed in accordance with all the conditions of approvals listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 37. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the Applicant/Developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any permit. 38. PUBLIC WORKS INSPECTIONS: The Developer or his/her representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right -of-way. Failure to do so will result in rejection of work that went on without inspection. 39. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. The Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 40. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 41. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 42. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any permits. 43. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. 44. GRADING PERMIT: A Grading Permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of the Town Code. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 45. DRIVEWAY: The driveway conform to existing pavement on Overlook Road shall be constructed in a manner such that the existing drainage patterns will not be obstructed. 46. TREE REMOVAL: A tree removal permit is required prior to the issuance of a grading or building permit, whichever comes first. 47. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main Street, may be required for on-site retaining walls. On-site walls are not reviewed or approved by the Engineering Division of Parks and Public Works. 48. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 49. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee shall be paid prior to issuance of a building permit. The estimated fee per the current Town Fee Schedule is $6,800.00. This fee is based on 50 LF of curb at $64/LF and 225 square feet of 4.5-foot wide sidewalk at $16/SF. The fee is subject to change every fiscal year. 50. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town’s right-of-way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Town Attorney, and a copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to the issuance of any permits. 51. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080, 26.10.065, and 29.40.030. 52. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’s rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior to approval from the Town Engineer. 53. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. All trucks transporting materials to and from the site shall be covered. 54. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may authorize, on a case-by- case basis, alternate construction hours. The Applicant/Subdivider shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 55. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. A sanitary sewer clean-out is required for each property at the property line or location specify by the Town. 56. SITE DESIGN MEASURES: All projects shall incorporate one or more of the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 57. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 58. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 59. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed a minimum of ten (10) feet from the adjacent property line and/or right of way. 60. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT washed into the Town’s storm drains. 61. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division. The adjacent public right -of- way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 62. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. 63. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland Urban Interface Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. 64. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 65. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI- 7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. 66. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. N:\DEV\CONDITIONS\2016\Overlook Road-18151.docx July 11, 2016 RE : 18151 Overlook-Appeal of Planning Commission Decision Council Members, RECEIVED s~;~ JUL 11 2016 u .. (-!Sr-~\ T6WN OF LOS GATOS PLANNING DIVISION We would like to state that we agree with the Town Planning Commission's June ath decision to deny the plans from Urban West for 18151 Overlook Road and that the decision did uphold the intent of the Town's policies, standards, and guidelines . As you know, we have already stated our concerns to the Town Planning Commission during both Town Planning hearings on April 13th and May 25 1h , 2016 and sent several letters (with photos) outlining our opposition. Due to this appeal, we would like to briefly reiterate our issues with the proposed plans . Los Gatos represents itself as a town that wants to maintain its character and puts in place rules for most things regarding how one may change their home and property-which is a large reason we chose to live here . However, sometimes the limits set do not accurately protect the neighborhood character and people living there. And this is the case for the remodel on 18151 Overlook. Although the proposed plans may not be the largest, based on the way the house sits on the property it appears to be the largest. From our house it appears that they have added a 3rd story and as such destroy our privacy and that of the neighbors (both single story homes) on either side of the proposed structure . As Urban West has stated, during the April 13th planning meeting we agreed to try and work out a privacy solution with Urban West that would allow us to maintain control of the privacy screening and they agreed to modify the plans to address the size and mass of the house. We were unable to come to agreement for the privacy screening but in the end the privacy point was moot because the changes in the structure by Urban West were so minimal that the size and mass issues were not adequately addressed-the plans continue to be too large and imposing. Allowing this house to be built at the proposed height sets a bad precedent that over time will change the character and feel of our neighborhood as other homes change owners . We will have more and more towering homes creating an atmosphere much like San Jose and I don't think we should let that happen . And it is especially disappointing that it is being imposed on us by someone that is not even going to live in the house-they are merely making the remodel to "cash in" on the appeal of our neighborhood . And lastly, there are clearly other workable remodel design options that should have been considered . For example, it appears to us that a single story home could easily fit on the same property. It could be much more similar to the adjacent single story homes and would maintain the privacy for us and the neighbors on each side of the property. As we have insisted through the entire process, we do want a remodeled home built behind us. However, not at the expense of compromising the look and feel that makes our neighborhood so attractive when there are clearly much more compatible remodel design options available. Thank you for your time and consideration . Although we know you have pictures of the impact of the proposed plans, we invite you to visit our home and see how devastating these plans are as the pictures don't really demonstrate how imposing the new structure will be for us and our neighborhood. Thank you, Rita and David Kelly ATIACHMEN1' 1 6 9 Chestnut Ave . Los Gatos 95030 From: Bob Simmons [mailto:bsimmons@aslcpa.com] Sent: Saturday, July 23, 2016 6:24 PM To: Planning Subject: 18151 Overlook Rd Town Council public hearing 8-2 Town Council members/planning department RECEIVED s-1lf---o?&. \1 j ' ') 4 701 '., ulh. L !'J TOWN OF LOS GATOS PLANNING DIVISION I agree with the Planning Commission decision to deny the architecture application from Urban West LLC/Nicole King . The story poles clearly demonstrated that the height was not in keeping with the character of the neighborhood especially since the existing structure already seems way higher than any other home on the street. The homes adj acent to the site a re single story which make the contrast even more noticeable. Thank you for your continuing efforts to preserve the character of Los Gatos. Bob Simmons 29 Chestnut Ave DISCLAIMER Privileged/Confidential infonnation may be contained in this message and any related attachments. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, review, distribute or forward the contents of this message to anyone. In such case, you should notify the sender by reply e-mail and delete this message from your computer. Abbott, Stringham & Lynch is a member of Allinial Global, an association of legally independent member finns that does not accept any responsibility or liability for the actions or inactions on the part of any individual member firm or finns. From: Larry Arzie [mailto:larryarzie@gmail .com] Sent: Monday, July 25, 2016 4:20 PM To: Planning Subject: 18151 Overlook 5-14-056 Please deliver as a desk item to Town Council. RECEIVED S-llf-D?~ JUL 2 5 2016 TO'NN OF LOS GATOS PLANNING DIVISION When we bought our first house in the early 60s and sold it a year later we were practically pillared by the neighbors as being speculators. Los Gatos has a long tradition of speculators and they have learned to make sure what they do is compatible to the neighborhood. This developer obviously has not. What he is proposing is an example of incompatibility in the true sense of the word. It is a production style home with a silly one car garage and 5 parking spaces in the front yard. The height not normally a problem on this street is exacerbated by a steep drop at the property line giving an exaggerated presence. Please read the numerous past letters from the neighbors to see that the Planning Commission did not err, so I do not need to list the problems which I am sure have not been cured. Please tell this developer and architect to provide something the fits the neighborhood. Larry Arzie This Page Intentionally Left Blank July 26, 2016 RECEIVED TOWN 011' LOS GATOS JUL 2 6 2016 CLERK DEPARTMENT TOWN PLANNING COMMISSION OF LOS GATOS 110 EAST MAIN STREET, LOS GATOS REGARDING THE PROPERTY ON T .,,.,...,,~ RD. . from the neighbor on the right of the property I received notification of an appeal on the rejected application for excavation and demolition. I listened to the video of the meeting this morning when the rejection was decided. Here are my thoughts ... . -architectural pleasing and attractive craftsman style home viewed from the street r -~· -big, massive structure for a very narrow lot. -Increased height makes a personal impact on the sunlight and sky on my house and yard. -Looming height, so close to the property line hovers and compromises my privacy and feeling of safety and intrusion. . -Concern that my oak trees root systems and other vegetation, so close to the property· line, are in jeopardy when excavation for the cellar takes place. -One car garage will create street parking which is already a problem on this narrow street. I foresee congestion will increase. Mr Tate appeared to want to satisfy the concerns of the neighbors. He offered to put in new fencing in my backyard plus the usual side yard fence also. We talked also about privacy trees but nothing really was set in stone. ·. I really cannot accept the present situation like the other neighbors. I would like to talk to the architect as I have a few possible solutions that could be a beautiful asset to the neighborhood! I have lived, raised my family in this home as the original owner for over 40 years. I have also watched the planning commission protect the integ- rity of this town during times of growth and expan- sion. Sincerely yours, ~/ /,J !fT/k1-/ Y?"- • ka y thompson 408 354 5353 kltway7@gmail.com Poge2