Staff Report.16497 S. Kennedy Rd
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/26/2025
ITEM NO: 2
DATE: March 21, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Construct a New Single-Family Residence
and Site Improvements Requiring a Grading Permit on Vacant Property Zoned
HR-1. Located at 16497 S. Kennedy Road. APN 532-17-038. Architecture and
Site Application S-24-037. Categorically Exempt Pursuant to CEQA Guidelines
Section 15303: New Construction. Property Owner: Robert Nicol. Applicant:
Chris Spaulding. Project Planner: Jocelyn Shoopman.
RECOMMENDATION:
Consider a request for approval to construct a new single-family residence with site
improvements requiring a Grading Permit on vacant property zoned HR-1, located at 16497 S.
Kennedy Road.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: HR-1, Hillside Residential (40,000 square feet minimum)
Applicable Plans & Standards: General Plan; Hillside Development Standards and Guidelines;
and Hillside Specific Plan
Parcel Size: 111,843 square feet (2.56 acres)
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:10
South Residential Hillside Residential HR-1
East Residential Hillside Residential HR-1
West Residential Low Density Residential R-1:10
PAGE 2 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction.
FINDINGS:
▪ As required, the project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
▪ As required, that other than the exceptions to grading depths, retaining wall heights,
retaining wall length, and building located outside of the least restrictive development area
(LRDA), the project complies with the Hillside Development Standards and Guidelines
(HDS&G).
▪ As required, the project complies with the Hillside Specific Plan (HSP).
CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located south of Kennedy Road and accessed via Vivian Drive, a private
road serving several lots east of the property (Exhibit 1). The subject property is vacant and
approximately 2.56 acres (111,843 square feet) with an average slope of 45 percent.
On February 27, 2023, the Town approved a Senate Bill 9 (SB 9) Urban Lot Split (ULS) for the
property located at 16491 S. Kennedy Road, submitted by the current applicant for this
Architecture and Site application. The ULS divided a 4.276-acre lot into two parcels: a 74,531-
square foot lot developed with a 6,189-square foot single-family residence and 1,170-square
foot garage; and the subject property, a 111,843-square foot vacant lot. The subject property is
zoned HR-1 and complies with the minimum lot area and lot width.
The Architecture and Site application has been referred to the Planning Commission based on
the applicant’s request for exceptions to grading depths, retaining wall heights, retaining wall
length, and the LRDA.
PAGE 3 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located south of Kennedy Road and accessed via Vivian Drive, a
private road serving several lots east of the property (Exhibit 1). Single-family residential
development surrounds the property. Due to the existing topography of the site, the few
areas of LRDA are concentrated in the southwest portion of the property, adjacent to
existing easements.
B. Project Summary
The applicant proposes construction of a two-story residence with an attached two-car
garage. The project includes areas of below-grade square footage that would not count
toward the size of the residence. The proposed residence and attached garage would be
located outside of the LRDA due to site and access constraints. The proposed residence
would not be visible from any of the Town’s established viewing platforms, pursuant to the
HDS&G. The project requires a Grading Permit for site improvements for earthwork
quantities exceeding 50 cubic yards. The project also requires exceptions to grading depths,
retaining wall heights, retaining wall length, and LRDA.
C. Zoning Compliance
A single-family residence is permitted in the HR-1 zone. The proposed residence is in
compliance with the zoning regulations for allowable floor area, height, setbacks, and on-
site parking requirements for the property.
DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes construction of a new 4,194.2-square foot, two-story residence with
an attached two-car garage (Exhibit 13). The applicant has provided a Letter of Justification
detailing the project and the requested exceptions to the requirements of the HDS&G
(Exhibit 5). In addition to the 4,194.2 square feet of countable FAR, the residence includes
800.1 square feet of below-grade square footage. The residence also includes an attached
663.4-square foot garage. A summary of the floor area for the proposed residence is
included in the table on the following page.
PAGE 4 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
Proposed
Square Footage
Counts Towards
Floor Area
First Floor 1,854.1 sf 1,854.1 sf
Second Floor 1,211.6 sf 1,211.6 sf
Lower Floor * 1,745.2 sf 865.1 sf
Attached Garage ** 663.4 sf 263.4 sf
Total 5,474.3 sf 4,194.2 sf
* Pursuant to Sec. 29.10.020, floor area means the entire enclosed area of all floors that are more
than four feet above the proposed grade, measured from the outer face of exterior walls or in the
case of party walls from the centerline.
** Pursuant to the HDS&G garages up to 400 square feet in area are not included in the floor area
ratio calculation.
The proposed residence would be sited at the southernmost portion of the lot, adjacent to
Vivian Drive (Exhibit 1). The residence and attached garage are proposed outside of the
LRDA due to the existing topography and closest vehicular access to Vivian Drive, the
private road providing access to the property. The maximum height of the proposed
residence is 25 feet, where a maximum of 25 feet is allowed by the HDS&G for nonvisible
homes. The maximum high-to-low height of the proposed residence is 34 feet, eight inches,
where a maximum of 35 feet is allowed by the HDS&G for nonvisible homes. The project
requires a Grading Permit for site improvements for earthwork quantities exceeding 50
cubic yards. The project also requires exceptions to grading depths, retaining wall heights,
retaining wall length, and LRDA.
B. Building Design
The applicant proposes a traditional style residence with subdued colors to blend with the
surrounding hillside environment. Proposed exterior materials include: a dark bronze
standing seam metal roof; smooth coat stucco siding; wood clad windows; and painted
metal railings (Exhibit 4). The proposed exterior materials comply with the HDS&G standard
for nonvisible homes, each having a light reflectivity value (LRV) less than 30.
The Town’s Consulting Architect reviewed the proposed residence and noted that the very
constrained hillside parcel is surrounded by large homes on much larger parcels (Exhibit 6).
The Consulting Architect identified two issues and concerns and provided two
recommendations for changes. In response to these recommendations, the applicant made
modifications to the design of the residence and submitted a letter responding to the
recommendations (Exhibit 7). The Consulting Architect’s issues and recommendations are
provided below, followed by the applicant’s response in italics.
1. Increase the roof overhang to provide a stronger eave shadow line to mitigate the two-
story façade.
The eaves have been lengthened over the area with the two-story façade.
PAGE 5 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
2. There may be two ways to address the issue of the two-story flat downhill façade
section:
a. Leave it as proposed given the amount of downhill landscaping that is currently a
buffer to views from the home below and the applicant’s commitment to plant
screen landscaping at the lower property line.
b. Extend the balcony across the façade connecting the currently proposed balcony
and deck.
The middle floor has been cantilevered out 18 inches between the balconies to break up
the two-story section.
C. Neighborhood Compatibility
Based on Town and County records, the residences in the immediate neighborhood range in
size from 2,149 square feet to 5,978 square feet. The FAR ranges from 0.05 to 0.25. The
applicant is proposing 4,194 square feet of countable FAR for the home on a 111,843-
square foot parcel (0.04 FAR). Pursuant to the Town Code, the maximum allowable floor
area for the subject property is 6,000 square feet for the residence and 400 square feet for
the garage. The following table reflects the current conditions of the homes in the
immediate area and the proposed project.
D. Site Design
The vacant property is approximately 111,843 square feet, located south of Kennedy Road
and accessed via Vivian Drive, a private road serving several lots east of the property
(Exhibit 1).
Address Zoning House SF Garage SF Lot Size House
FAR
No. of
Stories
16515 S. Kennedy Rd. HR-1 4,590 720 46,528 0.10 2
16505 S. Kennedy Rd. HR-1 4,496 630 51,710 0.09 2
16491 S. Kennedy Rd. HR-1 5,268 1,408 74,201 0.07 2
16575 Kennedy Rd. HR-1 5,978 1,572 57,692 0.10 2
16565 Kennedy Rd. HR-1 3,530 1,152 53,125 0.07 2
16555 Kennedy Rd. HR-1 4,604 707 47,922 0.10 2
16450 Kennedy Rd. HR-1 2,500 583 43,716 0.06 2
16510 Kennedy Rd. HR-1 2,660 480 49,979 0.05 2
16566 Kennedy Rd. R-1:10 2,149 460 14,914 0.14 1
16570 Kennedy Rd. R-1:10 2,961 720 18,943 0.16 1
101 Bond Ct. R-1:10 2,738 380 10,815 0.25 2
100 Pinta Ct. R-1:10 2,424 504 12,043 0.20 1
101 Pinta Ct. R-1:10 2,624 440 13,726 0.19 1
16497 S. Kennedy Rd. (P) HR-1 4,194 663 111,843 0.04 2
PAGE 6 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
The property has an average slope of 45 percent with steep topography and is encumbered
with easements (Sheet A3, Exhibit 13). Due to the existing topography of the site, the few
areas of LRDA are concentrated in the southwest portion of the property, adjacent to
existing easements. The proposed residence and attached garage are located outside of the
LRDA due to site constraints and placement of the proposed structure adjacent to the
existing access off of Vivian drive. The front yard area includes the proposed driveway,
guest parking spaces, and a firetruck turnaround. The required turnaround is located
downslope of the residence and requires construction of retaining walls with a maximum
height of 11 feet, five inches.
The proposed site design requires approval of several exceptions to the HDS&G, including:
• Grading depths shall not exceed four feet of cut and/or three feet of fill;
• Retaining wall heights should not be higher than five feet;
• Retaining walls should not run in a straight continuous direction for more than 50 feet
without a break, offset, or planting pocket; and
• Buildings shall be located within the LRDA.
Grading Depths:
The HDS&G limits grading depths outside of the footprint of a primary residence to four feet
of cut and three feet of fill. The proposed site work includes cut depths of four feet for the
residence and up to 10 feet for the attached garage to bench the structure into the hillside.
The required firetruck turnaround requires cut depths up to five feet to accommodate the
proposed retaining walls. The proposed turnaround is required by the Santa Clara County
Fire Department due to the configuration of the private road, Vivian Drive (Exhibit 1). The
applicant also notes that the due to the existing slope and limited areas of LRDA, there is no
way for the proposal to comply with the HDS&G grading limits while also meeting the Santa
Clara County Fire Department requirements (Exhibit 5).
This application has been reviewed and approved by the Town’s Engineering Division and
the Santa Clara County Fire Department.
The project also includes site improvements with grading quantities exceeding 50 cubic
yards, which requires approval of a Grading Permit. The Town’s Parks and Public Works
Engineering staff have included a condition of approval requiring submittal and evaluation
of a Grading Permit in parallel with the required Building Permits (Exhibit 3).
Retaining Wall Heights:
The HDS&G includes a guideline that retaining walls should not exceed a height of five feet
and that when additional retained heights are needed due to extreme site conditions, the
use of multiple terraced retaining walls is preferred. The proposed on-site firetruck
turnaround is required for construction of the single-family residence. The Santa Clara
PAGE 7 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
County Fire Department requires a fire engine turnaround area that does not exceed five
percent slope. Due to the numerous constraints of the site and the dimension and slope
requirements of a turnaround, the applicant proposes retaining walls on the north portion
of the proposed driveway with approximate heights between seven feet, three inches and
eight feet; and along the southern portion of the property driveway with approximate
heights between five feet, two inches and 11 feet, five inches. There is limited space
available to provide a turnaround due to existing easements; therefore, the use of terraced
retaining walls is not feasible. The applicant’s Letter of Justification describes the exception
request and existing site constraints necessitating the request (Exhibit 5). The applicant
proposes to paint the retaining walls a darker earth tone, consistent with the proposed
residence to blend with the landscape. The landscape plans propose groundcover and
plantings adjacent to the proposed retaining walls to provide screening and reduce the
visual impact. These proposed plantings are located greater than 30 feet from residence
and are required to be consistent with the HDS&G requirement that plant species in this
zone be native and indigenous.
Retaining Wall Length:
The HDS&G includes a guideline that retaining walls should not run in a straight continuous
direction for more than 50 feet without a break, offset, or planting pocket to break up the
long flat horizontal surface. The applicant’s Letter of Justification describes the exception
request, stating that the retaining walls in excess of 50 feet are only being proposed to
support the required firetruck turnaround and to provide access to the proposed residence
with a driveway slope that complies with the HDS&G and Santa Clara County Fire
Department requirements (Exhibit 5). The applicant proposes to paint the retaining walls a
darker earth tone, consistent with the proposed residence to blend with the landscape. The
landscape plans proposed groundcover and plantings adjacent to the proposed retaining
walls to provide screening and reduce the visual impact. These proposed plantings are
located greater than 30 feet from residence and are required to be consistent with the
HDS&G requirement that plant species in this zone be native and indigenous.
Buildings Outside of the LRDA:
The HDS&G includes a standard requiring that buildings be located in the LRDA. Due to the
existing topography of the site, the few areas of LRDA are concentrated in the southwest
portion of the property, adjacent to existing easements (Sheet A3, Exhibit 13). The
proposed residence and attached garage would be located outside of the LRDA due to site
and access constraints. In their Letter of Justification, the applicant describes the limited
LRDA and that there is not enough area to allow the construction of a new residence. Due
to site constraints, the applicant requests an exception to allow the building to be located
outside of the limited LRDA (Exhibit 5).
PAGE 8 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
E. Tree Impacts
The development plans were reviewed by the Town’s Consulting Arborist who inventoried
29 protected trees within the project area and made recommendations for their
preservation (Exhibit 8). The project proposes removal of 17 protected trees to
accommodate the new residence and driveway. Tree protection measures are included on
Sheet A-2 of the development plans (Exhibit 13). In response to the Consulting Arborist’s
recommendations, the applicant adjusted the location of trenching and drainage facilities to
minimize the impact on any existing trees to remain. The Landscape Plans indicate that 53,
24-inch box trees will be planted on site to offset the proposed tree removal. If the project
is approved, tree protection measures would be implemented prior to construction and
maintained for the duration of construction activity. Arborist recommendations for tree
protection have been included in the Conditions of Approval to mitigate impacts to
protected trees (Exhibit 3).
F. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction.
PUBLIC COMMENTS:
Story poles and project signage were installed on the site by February 21, 2025, in anticipation
of the March 26, 2025, Planning Commission hearing. The applicant’s neighborhood outreach is
included in Exhibit 9. Public comments received by 11:00 a.m., Friday, March 21, 2025, are
included as Exhibit 11. The applicant’s response to public comments is included in Exhibit 12.
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application to construct a
new a single-family residence and site improvements requiring a Grading Permit on a vacant
property. The residence is well designed and compatible with the immediate area. The
project is consistent with the Zoning and General Plan Land Use Designation for the
property. Due to the constraints of the site, the applicant is requesting exceptions to
grading depths, retaining wall heights, retaining wall length, and LRDA, and has provided a
Letter of Justification discussing these requested exceptions (Exhibit 5). Aside from the
requested exceptions, the project complies with the Zoning Code, Hillside Development
Standards and Guidelines, and Hillside Specific Plan.
PAGE 9 OF 9
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 21, 2025
B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found
with the proposed project, take the following steps to approve the Architecture and Site
application:
1. Make the finding that the proposed project is Categorically Exempt, pursuant to the
adopted Guidelines for the implementation of the California Environmental Quality Act,
Section 15303: New Construction (Exhibit 2);
2. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) (Exhibit 2);
3. Make the finding that due to the constraints of the site, exceptions to grading depths,
retaining wall heights, retaining wall length, and building located outside of the LRDA
are appropriate, and the project is otherwise in compliance with the Hillside
Development Standards and Guidelines (Exhibit 2);
4. Make the finding that the project complies with the Hillside Specific Plan (Exhibit 2);
5. Make the considerations as required by Section 29.20.150 of the Town Code for
granting approval of an Architecture and Site application (Exhibit 2); and
6. Approve Architecture and Site Application S-24-037 with the conditions contained in
Exhibit 3 and the development plans in Exhibit 13.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Color and Materials Board
5. Letter of Justification
6. Consulting Architect’s Report
7. Applicant’s Response to Consulting Architect’s Report
8. Consulting Arborist’s Report
9. Applicant’s Neighborhood Outreach
10. Site Photos
11. Public Comments Received by 11:00 a.m., Friday, March 21, 2025
12. Applicant’s Response to Public Comments
13. Development Plans
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