Attachment 3 - March 26, 2025, Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Emily Thomas, Chair
Kendra Burch, Vice Chair Jeffrey Barnett
Susan Burnett Rob Stump
Town Manager:Chris Constantin
Community Development Director:Joel Paulson
Town Attorney:Gabrielle Whelan
Transcribed by: Vicki L. Blandin (619) 541-3405
ATTACHMENT 3
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
P R O C E E D I N G S:
CHAIR THOMAS: We will now move on the public
hearings, starting with Item 2 on our agenda, which is to
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
South 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
is Robert Nicol, Applicant is Chris Spaulding, and Project
Planner is Ms. Shoopman.
Before the Staff Report, may I have a show of
hands from Commissioners who have visited the property? I
know we have one recusal.
COMMISSIONER RASPE: Thank you, Chair. Based on
the proximity of this property to my home, I need to recuse
myself from this discussion.
CHAIR THOMAS: Thank you. We will let you know
when we are done. Are there any disclosures? Yes,
Commissioner Stump.
COMMISSIONER STUMP: I did speak with the
neighbor at 16565 Vivian Drive while I was onsite.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHAIR THOMAS: Ms. Whelan, is there anything we
need to follow-up with?
ATTORNEY WHELAN: No, thank you.
CHAIR THOMAS: Okay, thank you. Commissioner
Burnett.
COMMISSIONER BURNETT: Yes, I did speak as well
to Ken Miller at the site.
CHAIR THOMAS: Thank you. Ms. Shoopman, will you
be providing the Staff Report tonight?
JOCELYN SHOOPMAN: Yes, thank you. Good evening.
Before you this evening is a proposal to construct a new
two-story residence with site improvements requiring a
Grading Permit on a vacant lot located at 16497 South
Kennedy Road.
The Applicant proposes to construct a 4,194
square foot, two-story residence with an attached garage.
The residence includes 865 square feet of below-grade
square footage that is not counted towards the FAR. The
proposed residence would be the sixth largest in terms of
floor area when compared to the immediate neighborhood, and
the 14th largest in terms of FAR.
Due to the constraints of the site, the Applicant
is requesting the following exceptions from the Hillside
Development Standards and Guidelines: grading depths in
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
excess of 4’ of cut and 3’ of fill; retaining wall heights
in excess of 5’, and in excess of 50’ without a break; and
siting of the building outside of the Least Restrictive
Development Area.
Discussion of each of these exceptions is
provided in your Staff Report, but the Applicant states
that due to the existing slope and limited areas of LRDA,
there is no way for the proposal to comply with the
referenced grading and retaining wall standards while also
meeting the Santa Clara County Fire Department
requirements.
The consulting architect reviewed the project and
provided two recommendations, which the Applicant
implemented.
Should the Planning Commission find merit in
their request, Staff recommends that the Planning
Commission approve the Architecture and Site Application
subject to the recommended conditions included in Exhibit
3.
There was a Desk Item that was distributed
earlier today with additional public comments.
This concludes Staff’s presentation and we are
available for any questions.
CHAIR THOMAS: Vice Chair Burch.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
VICE CHAIR BURCH: Ms. Shoopman, could you expand
a little bit on the requirements for Fire, the turnaround
and everything, and how that is actually impacting the
retaining walls, so there is a little more context?
JOCELYN SHOOPMAN: Under Santa Clara County there
are specific slope requirements for the driveway, so the
driveway slope cannot exceed five percent. Those
requirements, in addition to the turnaround requirements
themselves, are what is requiring the exceptions to
retaining wall heights and to grading depths.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: Can I ask for confirmation
of the height of the structure?
JOCELYN SHOOPMAN: The maximum is 20’ that is
proposed. Under the Hillside Guidelines there is also a
high to low maximum. The maximum is 30’, where I believe
the Applicant is proposing 34’, so they comply with the
Town’s requirements for height.
COMMISSIONER STUMP: Chair, I’ve got two more
questions, if that’s okay.
Speaking of the Least Restrictive Development
Area, this piece of property resulting from an SB 9 split
is obviously very challenging, with very little in the way
of Least Restrictive Development Areas. In this case, this
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
project is going to be 100% outside of the Least
Restrictive Development Area. Can I assume that this is a
fairly unique type of situation in our hillside? Only
having been here for a couple months, 100% outside the
Least Restrictive Development Area seems to be the extreme.
JOCELYN SHOOPMAN: I can’t speak to all
applications that the Town has processed, but we certainly
have processed LRDA exceptions for hillside homes
previously. I can’t speak to the 100% extent of the home,
but there have been applications where those exceptions
have been requested.
COMMISSIONER STUMP: The follow-up question here
is does an SB 9 lot split provide benefits or protections
for properties that have serious development challenges
like this? In other words, obviously the right to develop.
ATTORNEY WHELAN: I would say SB 9 doesn’t
address that specifically, but I would say in general
takings laws does, and so if the Town has approved a lot,
the Town doesn’t have the ability to deny any development
whatsoever on the lot. The Town doesn’t have to approve any
proposal, but something should be built in order to avoid a
takings claim.
COMMISSIONER STUMP: Then one final question, if
I might, Chair. There’s a 90-year-old rock retaining wall
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that comes within 20’ above the back of the building site
and provides roadway support for Vivian Drive. Obviously,
significant grading is being called for in this project.
Could you briefly describe what mitigations or protections
were built into the recommended Conditions of Approval as
it relates to this wall? I realize the wall is not on the
Applicant’s property, but just beyond it.
JOCELYN SHOOPMAN: Thank you for that question.
There are quite a few engineering Conditions of Approval
that are going to look at the retaining wall and some
additional site.
Engineering Conditions of Approval #59 and #60
require the Applicant to provide a geological report prior
to building issuance, which will do a comprehensive
landslide investigation.
In addition, Engineering Condition of Approval
#66 requires that the Applicant conduct a walk-through with
a PPW inspector before the start of construction to verify
all existing conditions, and that the Applicant shall
repair or replace existing improvements that are damaged
during the construction.
COMMISSIONER STUMP: Thank you for that.
CHAIR THOMAS: Vice Chair Burch.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
VICE CHAIR BURCH: As a follow-up to that, if we
wanted to add language in #66 that we would want to include
the roadway in that public, because usually it’s streets
that are damaged by the trucks, can we just add that type
of language if that feels appropriate?
JOCELYN SHOOPMAN: Should the Planning Commission
wish so, they could.
CHAIR THOMAS: Commissioner Burnett.
COMMISSIONER BURNETT: I don't know if this would
be the appropriate time, but that rock roadway is Los Gatos
river rock, and if the owner of that property—because there
is a large easement—would want to put that in the Historic
Inventory as part of Los Gatos’ inventory. Many of our Los
Gatos rock walls are in our inventory, and that would be a
request that could be made to the owner of the property.
DIRECTOR PAULSON: I think that was a question.
This property owner is not responsible for the neighboring
property. Staff can definitely reach out to the neighboring
property and let them know that there is a process if they
want to go through that, but that can’t be a provision of
this decision.
COMMISSIONER BURNETT: Oh, I thought the owner of
this property owns that whole property there.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
VICE CHAIR BURCH: No, the retaining wall is not
on this property.
COMMISSIONER BURNETT: Okay, thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: That was going to be my
question. There’s a dispute between the Applicant and an
objecting neighbor about the ownership of that. How is the
Town confident that it’s not on his property?
JOCELYN SHOOPMAN: The Applicant provided a
survey, that I believe was included in Exhibit 12, of this
item, and that survey showed that the rock retaining wall
is on an adjacent property.
COMMISSIONER BARNETT: Thank you for that.
CHAIR THOMAS: We’re good with Staff questions?
Perfect. We will now open the public portion of the public
hearing on Item 2 and give the Applicant an opportunity to
address the Commission for up to five minutes, so whoever
will be speaking on behalf of the Applicant, can you please
come up to the podium and state your name for the record?
Thank you. You’ll have five minutes.
ROBERT NICOL: My name is Robert Nicol; I’m the
owner of 16497 and I have filed the application to build a
home at 16497 South Kennedy Road. I believe my architect,
Chris Spaulding, is also on Zoom here as well.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I’ve never been to one of these, so I’m not quite
sure of the structure. Are you going to ask me questions
and I answer them, or how does this work?
CHAIR THOMAS: Basically, you have five minutes
to address the Commission; then we have time to ask you
questions; then we take public comment; you have another
three minutes; then we will be able to ask you more
questions; and then we close the public portion and we
discuss and make a decision.
ROBERT NICOL: Okay, no problem.
DIRECTOR PAULSON: And Mr. Spaulding is online
and able to speak, so if you’d like him to use some of that
time, then just let him know.
ROBERT NICOL: Working with Chris Spaulding, my
architect, we have proposed to build a residence here in
the hillside, and we have been met with several challenges.
Number one was Fire and the 75’ turnaround that
is requiring these retaining walls without that 50’ break,
and increasing the cut and the fill. We have designed it to
have a private fire hydrant to be installed. Also, to put
in that 75’ turnaround for the firetruck to meet Santa
Clara’s requirements, we also will improve Vivian Drive by
increasing the traction on the road on the uphill incline
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
for if there were ever any issues with Fire to get a
firetruck up the road.
There has also been proposed to increase the
entrance of the driveway from South Kennedy Road to Vivian
Drive, and also, we have met and designed the proposed home
to be within the heights as well as the LRV, which the
color of the home will be, the height.
We’re also asking for not the maximum, which is
6,000 square feet, which is allowed in the hillside, and we
have worked around…
And I also have reached out to all of the
neighbors from whom I have had lots of feedback over the
last week or two or so over letters and such, which I’m
sure you’ve seen. I went to all of their doors, went and
tried to discuss with them the proposed project. Basically,
the plan that we’re looking at, as well as certain
compromises to add additional plantings or trees, or to
address and understand their concerns with the stonewall.
Now, the stonewall, after looking at the survey,
is not on my property, but I definitely understand their
concerns, so we’ve discussed the stonewall, we’ve discussed
privacy, we’re discussed the building footprint, and
obviously this is my day to come before the Planning
Commission and discuss all of this with you all, and
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
obviously the neighbors that are here as well, and I think
that’s pretty much all I got.
CHAIR THOMAS: Thank you. Are there any questions
for the Applicant at this time? Commissioner Stump.
COMMISSIONER STUMP: Thank you, by the way. The
Town’s Consulting Architect made two recommendations. It
appears the first recommendation related to roof overhang
and has been incorporated. The second recommendation
related to the two-story flat, downhill façade issue that
has been addressed by cantilevering the middle floor out
18” between the balconies to break up the two-story
section. Do you believe that this meets the spirit of the
recommended change?
ROBERT NICOL: Yes, I do, and Chris, can you
speak to that?
CHRIS SPAULDING: Yes. The two-story portion is
just a very small width of the bulk of this house, about
25’ wide, so I think the overhang gives a nice shadow line
and breaks up that wall adequately.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: Yes, sir, thank you for
coming in and for submitting the materials that you did.
One of the comments from one of your neighbors, Mr. Bakshi,
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
suggested changes in the landscape plan to provide better
privacy. I was wondering if you read that and have any
comment about it?
ROBERT NICOL: Would Mr. Bakshi be the downhill
neighbor? Yes, so I believe on our landscape plan we have
Toyon trees being planted down at that basement level to
increase the amount of privacy, and that’s what was
submitted on our landscape plan to take into note their
concerns of the privacy.
COMMISSIONER BARNETT: If I may, he was
specifically asking for fast-growing trees, like Italian
Cypress, Podocarpus, or similar species.
ROBERT NICOL: I’m willing to take all of that
into account. It’s just when we did the landscape plan,
that’s what was currently on there. But, yes, I’m
definitely willing to work with my neighbors to address
their concerns.
CHAIR THOMAS: Are there any other questions for
the Applicant at this time? I do have one question, and
that is that I understand this property is difficult to
work with because of an average of 45-degree slope, but
could you or your architect explain a little bit of how you
decided to put the footprint of the house where you did?
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHRIS SPAULDING: I’ll take that. If you look at
our Sheet A-3 of the packet, which is the LRDA drawing, you
can see that the entire parcel is too steep to be in the
LRDA, or forested, or has easements across it. There are
three tiny, little sections of the LRDA that are less than
30% slope, isn’t in the dripline of a big tree, and is not
in an easement. The total square footage of each of those
little segments is only a couple of hundred square feet.
So, there is really no possible way to put a building on
this site and have it in the area that’s less than 30%
slope.
The next problem for siting is the requirement by
the Fire Department to have a fire apparatus turnaround
within 150’ of the house. We looked at the bottom of the
property down where Kennedy Road meets South Kennedy.
There’s currently a driveway that goes up from that corner.
It's a very steep driveway and it has a hairpin turn
immediately, which is nowhere near the Fire Department
requirements of a 50’ inside turning radius.
We looked at redoing that driveway, which is in
the easement of the neighbor that owns that easement, so
that would be one problem with redoing that driveway, but
also to put in a turn that meets the requirements, and then
also a fire apparatus turnaround, our retaining walls would
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
have been even larger than the site we ultimately ended up
with, and those retaining walls would be visible from
Kennedy Road and South Kennedy, whereas where we are sited
now, those retaining walls are all hidden pretty much from
anywhere; they would really only be visible from this site
and a little bit from the downhill neighbor.
Ultimately, there’s really only one possible
location for the house, and that’s exactly where it’s
sited.
CHAIR THOMAS: Okay, thank you. Commissioner
Burnett.
COMMISSIONER BURNETT: Yes, and thank you for
coming. Privacy is a big issue for, especially, the
neighbors below your new home there. I know there have been
requests for reduction in height, preservation of the trees
for privacy, and enhancing new landscaping. Are there any
window changes, or have you addressed… This is a great
concern.
ROBERT NICOL: I provided a presentation to show
five different levels. One is from the basement level, one
is from the first floor, one is from the second floor, the
fourth one would be from the roof level, and the fifth one
would be from the street level above the home, and you’ll
be able to see, at least from my standpoint, the trees from
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
my property as well as the downhill neighbor blocking all
the view from every single one of those five, so I’ll be
able to provide that presentation after.
COMMISSIONER BURNETT: Thank you for that.
CHRIS SPAULDING: Can I add something to that,
please? This is Chris Spaulding, the architect. On the
downhill side of this property, on the adjacent neighbor’s
property, there are mature oak trees, and they have been
trimmed up from the ground, so actually the most visible
portion of the new house from the downhill neighbor will
actually be the basement level, because that’s down below
the canopy of the mature oak trees.
When you get up to the second and third levels
where most of our windows are, mostly on the second level,
those windows are pretty well blocked by the existing
canopy.
Most of new privacy planting is intended to fill
in that gap at the bottom of the existing mature oak trees
to block the view from the basement level down into the
neighbor’s property, and I think Robert will have some
pictures of that later in his rebuttal. Thank you.
COMMISSIONER BURNETT: Thank you for that.
CHAIR THOMAS: Okay, thank you. Now I invite
comments from members of the public. If you have not
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
already turned in a speaker card to Staff, please do so at
this time, or use the Raised Hand feature on Zoom if you
wish to speak on Item #2. When you are called to speak,
please state your name and address for the record, and you
will have three minutes to make your comments. We will
start with speakers in person, and the only card I have is
actually for the Applicant. Is there anyone on Zoom?
DIRECTOR PAULSON: There is. The first speaker
will be Apoorva Bakshi. Apoorva, you can unmute yourself
and speak.
APOORVA BAKSHI: I’ll let the people on the floor
go first. I’ll go after them.
CHAIR THOMAS: Okay, thank you. The first speaker
I have is Rohit. Please come up, state you name, and you
will have three minutes.
ROHIT BAKSHI: Good evening, everyone. My name is
Rohit Bakshi; I am the neighbor on 16515 South Kennedy,
which is south of this property.
Again, my view is mostly like me standing on my
property and assessing the plans that were shown to me. I
don’t have a drawing to imagine what things look like, so
the best that I can garner from this is this project has
significant privacy intrusions, which would have an
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
extremely negative impact on our daily lives and our
privacy. Here are a few of my points.
Elevated position and direct sight. The proposed
home is substantially uphill already, and this is a three-
story plan from where we stand. I know it’s a basement, but
for practical purposes, it’s a three-story for us.
It has many unobstructed views into our back
yard, our swimming pool, our master bedroom, and our
daughter’s bedroom, so I cannot state enough how it
violates our privacy.
The second and third story windows and balconies.
The architectural plan indicates direct-facing second- and
third-story windows, as well as multiple balconies which
are facing downward, which again, compromise our privacy.
From what I could see in the landscaping plan, it
fails to provide effective privacy. The majority of the
trees are slow-growing or they are deciduous, which means
that we will not have immediate or year-round privacy on
our property. Shrubs are smaller plants, insufficient to
block elevated second- and third-story views.
The current design lacks a continuous dense tree
buffer, so there are a lot of areas where at least I can
see a lot of gaps between the property and our back yard.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
And again, no mature plantings were specified at
least in the plan, so again, I cannot wait for decades
before the screen grows fully and I start getting my
privacy. Again, I would recommend that they consider the
height of this plan, how the balconies are designed, how
the windows are designed, and can we increase the height of
these windows? Can we have frosted glass for these windows?
And definitely have a very enhanced landscape screening
plan, which I mentioned in my written record as well, which
has (inaudible) into the report.
CHAIR THOMAS: Okay, thank you. Are there any
questions? Commissioner Stump.
COMMISSIONER STUMP: Could I just ask for a
summary, because in the correspondence you sent to us you
identified three things you’d like to see done as a part of
project approval. Reduction in the proposed structure
height, preservation of all mature privacy trees, and
addition of new privacy enhancing landscaping one, two,
three.
I hear you also referring to obscured glass and
these sorts of things as well, so could you just kind of
add on to your list of the one, two, three here?
ROHIT BAKSHI: Yes. I would say definitely
reconsider the plan for the balconies. There is a pretty
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
significant portion of these balconies, or probably all of
(inaudible) which is facing our property. The second would
be considering the height of the windows, and the third
would considering the type of glass that is used for these
windows, which is frosted glass or any other type which
obscures the view.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Any other questions for the
speaker? Commissioner Barnett.
COMMISSIONER BARNETT: Thank you. From your
property do you have a view of the orange netting that was
put up post story poles?
ROHIT BAKSHI: Yes.
COMMISSIONER BARNETT: And can you describe the
extent of that view?
ROHIT BAKSHI: There are trees right now in the
way, but I can see most of the portions of that view; plus,
we have a play area, which is directly adjacent. If my
daughter is over there, we can see everything then. But the
portions of the orange netting are very clearly visible
from our back yard, even from our windows.
COMMISSIONER BARNETT: Thank you.
CHAIR THOMAS: Okay, thank you. The next speaker
card I have is for Kenneth.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
KENNETH MILLER: I’m Ken Miller, a practicing
physician in Los Gatos for 50 years. I have lived next to
this property for 48, owning part of an old stone wall.
Fred, my neighbor and owner of the wall in question has
lived there for about 25 years. The developer does not own
any part of the wall in the vicinity of the project.
The property to be developed does not support the
development of such a large home. It is my understanding
that the developer now wants to put a garage under the
house. This leads to thousands of meters of dirt to be
removed, and that will threaten the old stone wall.
Prior assurances to not compromise the integrity
of the wall has already been broken when, without
permission, he imbedded a bolt, and that’s the shiny
(inaudible) picture, and attached wires to the wall that he
does not own, and here is the relevant picture.
He had to do this to support the story poles. If
he didn’t do this, he wouldn’t have enough area to support
the story poles and we wouldn’t be here. It is not possible
to walk around the perimeter of the project and not notice
the bolt that the workers placed in the wall and attached
wires. The developer had a duty of care to the neighbor’s
property and should have noticed the bolt and the wires
attached. The developer met with the owner of the wall this
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
month and neglected to mention this insult, nor did he
suggest any remediation.
Now, Fred Ebrahimi, who is the neighbor, cannot
be here to represent himself, as he is traveling. To
protect my neighbor’s interest, I’ve engaged a civil
engineer, recognizing the continued lodging of the bolt is
not in the wall’s best interest. Studies still must be done
to document the (inaudible) and the best way to remedy the
situation.
The engineer is insisting that he work for the
owner of the wall. He also wants to analyze the dirt for
removal and what I call the gaggle of (inaudible) the civil
engineer needs.
Other issues include the developer needing to
recognize the up driveway is not his private road and never
had a lock. He needs to resurface the down concrete
driveway from the damage of his last project and the damage
that will happen with the current project by resurfacing
the concrete.
The oak trees and the (inaudible) that border his
property should not be damaged. The workmen are not to use
the up driveway in either direction. Heavy trucks are not
to travel on the asphalt driveway nor park on the asphalt
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
driveway. No cars or trucks are to travel on or turn around
on the pavement at 16565 Kennedy Road.
At the end of each work week the concrete
driveway is to be blown or swept of debris that could cause
flat tires. The developer needs to inform and work with the
owner of the wall holding the bolt. The owner of the wall
will need time to hire experts concerning the bolt, and a
geologist is hard to get for the bolt and LRDA problems.
The problem that the developer caused needs to
have a bonded payment, and he is forcing the neighbor to
expense. The bond comes first.
The developer’s request now is for an LRDA that
should be denied. How much over 100% is it? Is it 500%?
Does he go to Town Hall?
CHAIR THOMAS: Are there any questions for the
speaker? Commissioner Burnett.
COMMISSIONER BURNETT: What is your solution for
the wall situation?
KENNETH MILLER: He should not be able to remove
such a large amount of dirt that threatens the wall or has
a negative impact to the neighbors above and below this
project. Also, it becomes easier to reduce the height of
the house by not placing (inaudible) under the house.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHAIR THOMAS: I’m sorry, the question was what
specific action are you…
KENNETH MILLER: Oh. So, the civil engineer says
you have to study the issue, because I don’t know how to
get the bolt out of the wall in terms of not harming the
old wall, so before you do it you have to study how much
pull and pressure is going this way from more than one
wire.
Then if you look at the picture, you’ll see that
it’s lodged, and that’s the only stone that’s ruptured in
that wall, and it’s about 40”, and it’s about a 7-8’ wall.
So, he’s injured a wall not on his property. He’s
used wires that don’t belong attached. I don't know how
plainer it is, but he’s just simply not allowed to do that.
CHAIR THOMAS: Thank you. We appreciate your
comments. Do you feel like your question was answered.
COMMISSIONER BURNETT: I believe so. Yes.
CHAIR THOMAS: Thank you. Commissioner Stump has
another question for you.
COMMISSIONER STUMP: Could you repeat who the
owner of that wall is?
KENNETH MILLER: Fred Ebrahimi is the owner of
the wall. He’s presently traveling.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER STUMP: So, you are representing him
tonight?
KENNETH MILLER: His sons allowed me to represent
him tonight. And in previous conversation with him he said,
“I’m not going to be there. Could you talk on my behalf?”
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Any additional questions? Thank
you. The next speaker I have is Susan.
SUSAN MILLER: I’m Susan Miller; I’ve lived at
16565 Kennedy Road for 37 years. My husband, Ken, mentioned
that the Ebrahimis own the wall, but we actually own part
of it as well.
What I want to say is that this is a very fragile
piece of property. The rock walls go the distance of the
driveway, so it’s not just this one rock wall, it’s
several. The piece of land that Robert wants to build this
on is actually very narrow. It’s a long, narrow, winding
piece of property and nowhere is there a wide space to put
a (inaudible). It is a habitat where we have animals. We
have foxes and special plants that don’t grow anywhere
else, and mushrooms that don’t grow anywhere else. I just
want to say how fragile this piece of property is.
CHAIR THOMAS: Are there any questions for the
current speaker? No. Okay, thank you.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SUSAN MILLER: I actually have pictures of what
I’m talking about, if you want.
CHAIR THOMAS: You can set one there and we can…
If you could put one on the table, that would be good too,
so it can be used for… Thank you. On the table in front for
the public to see. Thank you. The next speaker card I have
is for Lee Quintana.
LEE QUINTANA: Hi, good evening. My name is Lee
Quintana. I am not an immediate neighbor. I serve on the
Historic Preservation Committee, but I’m speaking as an
individual and from my concern for hillside development. I
have three points I’d like to make.
First, in reading all the letters from various
neighbors it seemed to me that the question of flippage of
land and the failing of retaining wall seem to be repeated
over and over again.
I’m concerned about the timing of the
geotechnical soils report and any hydrology report that
would be needed. The Condition of Approval do not include
them during this process of approving the Architecture and
Site Application, but rather as a result of being submitted
with the building permit application, which is way later
than the final designs for the building itself. So, that’s
number one.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Number two, it’s mentioned several times that
there are rock walls both on the property and off the
property. From a historic preservation point of view, we
would like to preserve as many of the rock walls as we can,
and there is no indication in this application that that is
going to occur, that the rocks would be reused to build
other walls.
Thirdly, the Residential Design Guidelines on
page 11 have a discussion about how to apply the 2-2-5
formula, and it specifically says that there are some
instances when that does not apply, and I’ve lost my page
number on that, but basically it includes the hillside
areas, because no two properties on the hillsides are
exactly the same, they’re different sizes, they’re
different shapes, they have different problems, and they
have different slopes. I would ask that you take that into
consideration. All those tables that are included really do
not help the analysis.
Lastly, I’ve forgotten, so I guess that’s it,
unless you have a question.
CHAIR THOMAS: Are there any questions for Ms.
Quintana? Commissioner Stump.
COMMISSIONER STUMP: Lee, could you clarify your
third point again? I’m not sure that I fully understood it.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
LEE QUINTANA: If you look at page 23 of your
Staff Report, which is page 5 of 9 of this particular
agenda item, there is a chart which lists 10-15 properties,
giving sizes and FARs and trying to use them as a
comparison. The problem here is that they are very
different in the sizes, you have no information about the
steepness of the other properties, and you have no
information about how much is underground and how much is
visible. It doesn’t give you the tools that you need for
making decisions within the hillsides, because it is
inequal comparisons.
CHAIR THOMAS: Thank you. Any additional
questions? No. The next speaker card I have is Matthew
Ebrahimoon.
MATTHEW EBRAHIMOON: Hi, my name is Matthew
Ebrahimoon. I’m going to take the first 30 seconds to show
you a picture of what’s really going on. I showed a picture
of this, because it’s hard to understand what’s going on.
This is an extremely down-sloping lot, and I
think it’s important for you guys to see what we’re really
talking about. It’s a small piece of land. The person, he
put a big bolt inside the 90-year-old wall, which is a Los
Gatos river rock wall, without asking anybody. And then he
came to my parents’ house at night when it was dark and
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 29
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
discussed this, will you let us do this, when you can’t see
the bolt, you can’t see the wires.
This was done maliciously; it was done behind all
the neighbors’ backs. What are you going to do now with
this bolt? What are you going to do with the wiring? How
are you going to take it out? How are you going to make
sure that it hasn’t jeopardized the wall and integrity of
the road that is connected to the wall, that’s connected to
the said property?
What you have to understand is that there is a
piece of land that’s extremely downsloped that butts up to
a historical wall, that’s connected to a historical road,
that touches both Dr. Miller’s property and my family’s
property. Everything touches one after the next; everything
is connected.
I grew up there. My family has been there for 30
or so years. I don't know what’s going to happen next.
Meetings, geological meetings, meetings with civil
engineers, what to do with this bolt? I mean, imagine
somebody, they do this, right? They put a bolt in… It’s
like, that is not your wall, you cannot do that, and you
did, so now what? How are you going to remove it? How are
you going to guarantee that when you build this house that
that wall is not going to fall, that the road that’s
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 30
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
connected to that wall is not going to fall down the
hillside. I mean, when you sell this house, how are you
even going to guarantee that?
CHAIR THOMAS: Thank you. Are there any questions
for the speaker? Commissioner Burnett.
COMMISSIONER BURNETT: So, what you’re saying is
that you feel the hillside is not a stable hillside anymore
for the road above it and for the property now that they
are planning to build on it?
MATTHEW EBRAHIMOON: Look, I’m not a civil
engineer, I’m not…
COMMISSIONER BURNETT: But is that your concern,
that this has caused an instability with the wall causing…
MATTHEW EBRAHIMOON: It’s my concern, and I think
that it would be unwise for anyone in my family’s position
not to further seek professional opinion, meetings,
geological and civil reports in order to assess the damage
that this bolt has done, and the potential liability that
this developer can assume.
COMMISSIONER BURNETT: Thank you. I think you’ve
answered the question.
CHAIR THOMAS: Any other questions for the
speaker? I do have a question. I hear and understand the
concerns about the wall, however, that is out of our
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
purview as decisionmakers. We’ll confirm that with Staff in
a moment. But with the bolt and everything, other than the
concern of making sure that any sort of development that’s
discussed or approved moving forward is protecting the
integrity of the wall, are there any other specific
concerns that you’re trying to communicate about the
project?
MATTHEW EBRAHIMOON: Yes, thank you for asking.
This seems like a nonconforming building being built on a
nonconforming piece of land for such a structure, and I
have, with my own eyes, seen the orange fencing to show you
what this looks like. I think as a part of a planning
commission it’s important to make sure that the quality and
also experience of existing neighbors who have been there
for decades should remain the same or similar to the way
that it has been for years, and this structure is not going
to allow for this to happen.
Mr. Bakshi, I believe, had mentioned his house,
like if you’re in the swimming pool it’s going to be hard
to swim without your neighbors like looking at you.
CHAIR THOMAS: Okay, thank you. So, privacy of
some of your neighbors is a concern.
MATTHEW EBRAHIMOON: And views, and the
mountains, like being able to sit in… I’ve been in Dr.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Miller’s kitchen. You’re not going to be able to sit where
he spends like most of his time, him and his wife; I’ve
been there. It’s going to be hard to sit there and not see
this house.
CHAIR THOMAS: Okay, thank you. Thank you very
much. The last speaker card I have is Nathaniel Ebrahimoon.
NATHANIEL EBRAHIMOON: Hi, everyone. Thank you
for having us here to represent the Ebrahimoon property.
Our father is traveling, otherwise he would be here as well
with my mother.
Here to kind of just share a little bit of the
story of our home. I am the youngest sibling, which means
out of our siblings, I’ve lived there the longest. The home
means a lot to us. I have been there since I was seven
years old. A lot of the memories that we have are in that
home, on that property, with our friends. It’s why we’re so
passionate and we care so much about our community and our
neighbors.
Looking at the proposed plans and just kind of
understanding some of the potential impact risks as it
relates to the wall, the Fire, the views, the privacy, it’s
important to know that this home likely will or is going to
be passed down to my brothers and I, and it’s a property
that will stay in our lives forever. As we think about us
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
creating families, bringing our families into the home, we
also are very cautious of any changes in the neighborhood
that can create discomfort, any safety issues, and having
been there for so long, there have been very few changes,
and this is a massive structural change to the space.
From a height perspective, we’re not talking one
or two stories, it’s three, including a basement, which
sure, but it’s still height, right? So, we are just being
very cautious as we think about the proposed changes in the
neighborhood and making sure that everybody in the
neighborhood continues to have the experience that
historically has been there for us with any adjustments
that come.
So, just wanted to share that we’re all thinking
about now and a few years from now, but this neighborhood,
and I’m sure Ken is the same, as he’s been in his home
forever, and the neighbors that surround us down the hill,
we are thinking not only about the next three, or five, or
ten, or twenty years, we’re also thinking about generations
to come and our love for Los Gatos, going to the public
schools and being able to create a family and experience
similar to the ones that we’re so happy and proud to have a
part of our lives, so anything that impacts that, of
course, we’re going to be super careful, sensitive,
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 34
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
thoughtful around, which is why you see the representation
from so many members in the neighborhood tonight.
CHAIR THOMAS: Are there any questions for the
speaker? I do have a question. Part of our job is to review
the application as is, and I hear your concerns. Are there
any specific things about the project, other than what you
mentioned, the height, is there anything specific that you
feel like you would like to see changed or implemented that
would help with it?
NATHANIEL EBRAHIMOON: I’ll leave that to the
surrounding neighbors that are there every single day. I
think the privacy was brought up; I think the height was
brought up. The retaining wall, of course. Any bolts or
continued action or anything that…making sure those are
within the bounds of peoples’ decisions, because they’re
actually working within their easements in their property.
Those are kind of the main concerns around what we’ve seen,
and again, why we’re all here kind of speaking up.
CHAIR THOMAS: Okay, thank you. I have another
speaker card, and this is for Jonathan Ebrahimoon.
JONATHAN EBRAHIMOON: Hello, my name is Jonathan;
I’m the oldest son of Fred and Ora.
We’ve been hearing about this height. It becomes
easier to reduce the height of the house by not placing the
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 35
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
garage under the house above, thus not needing to remove
the dirt, and thus not threatening the wall and the
properties of the neighbors.
Let me tell you a little bit about myself. Just
like my two brothers, we went to school here, public school
K-12. I went to Daves Avenue, then Fisher, and then I went
to Los Gatos High School, and now I have a daughter—I
bought a place in town—who is turning nine next month and
who goes to Daves Avenue School. We have a lot of memories
in this house, just like my brothers were talking about.
We just want to make sure that you guys do the
right thing for us. Does anyone have any questions for me?
CHAIR THOMAS: Does anyone have a question for
the speaker? Commissioner Barnett.
COMMISSIONER BARNETT: Would you kindly provide
more detail regarding your proposal regarding the location
of the garage on the proposed property?
JONATHAN EBRAHIMOON: The house is too tall, it’s
too high. The height is just not all right. This is
something you guys have got to talk with engineers and
figure that out. This is not my area of expertise, but the
way they have it planned, it’s going to be way too tall.
COMMISSIONER BARNETT: If I may follow-up, Chair?
CHAIR THOMAS: Yes.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 36
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BARNETT: You made some specific
comments about relocating the garage, and I wonder if you
could expand on that? Or maybe I misheard you.
JONATHAN EBRAHIMOON: Again, this is just
something that maybe you can take up with the engineers. At
the end of the day, everyone’s concern is the height of
this house. They’ve got to figure out that also privacy
seems to be a concern as well.
COMMISSIONER BARNETT: Thank you.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: What is it specifically
about the height? I mean, we all visited the property. I
stood above that rock wall, and of course I’m standing a
little bit more than 6’ tall, and so I’m looking down on
the roof. It’s not blocking my vision directly across, but
obviously, if you have a house downslope wherever it is,
you look down, you’re doing to see a house, and so what
part of this roof is… Why, from your perspective, do you
think the roof is too high? What is it blocking for you?
JONATHAN EBRAHIMOON: We heard the first speaker
was talking about he has a daughter. I have a daughter
myself. I would hate for someone to be on the balcony
looking down and seeing my daughter swimming in a pool, or
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 37
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
just looking into my master bedroom with my wife. That
would bother me. It’s going to be an eyesore.
CHAIR THOMAS: Any additional questions? Thank
you. I have no more speaker cards, but I believe there are
some speakers on Zoom.
DIRECTOR PAULSON: That’s correct. The first will
be Ms. Bakshi.
APOORVA BAKSHI: Hi, thank you. I am Apoorva
Bakshi and I reside in 16515, which is the downhill
property. My husband, Rohit Bakshi, mentioned our severe
concerns in terms of privacy. I do believe that the reason
why we bought this home last May, we are new residents of
Los Gatos, was because of the unhindered back yard on the
hill, which has our whole… We spend a lot of time in our
back yard, which has a swimming pool, it has a netting, it
has a proper play net, and multiple spots where you can
meditate as well as two play structures for our daughter,
and an upcoming one. I’m pregnant right now, I’ll be
delivering in May, so we’ll have two daughters in our
family.
The reason why we’re concerned about this is the
net is very visible from our property. There is barely any
coverage from down below, and the major concerns are in
terms of how it disturbs the ecosystem as well as the
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 38
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
holding walls. I will also rely on experts, I think a lot
of people have spoken to that, and all the families up
above. But it is a severe concern that our privacy needs to
be absolutely taken care of. We want to be able to review
the structure in terms of its height. You have to be able
to redesign the balconies.
When I did see the plan which Robert shared, I
was quite pregnant, I could not really walk up and see how
narrow this piece of land is, so that’s my concern, as well
as how imposing this structure would be on our property in
terms of views, as well as I did see a full ceiling-to-
floor glass usage in the balconies, so that is something
that we would like you to really consider mandating mature
screening, not only in terms of natural screening, but also
specifics in terms of reduced window heights or redesigning
balconies. That’s something that has to be absolutely taken
care of.
This whole property that we bought was for the
reasons that we had this privacy, and we had the comfort of
a hillside home. The first day I came here we had a family
of four deer walk into our estate and it was really, really
refreshing to see that. I do believe that some of my
neighbors have that concern that there is habitat that this
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 39
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
neighborhood has preserved and enjoyed for a long time,
which will also get disturbed.
So, those are my concerns. If there are any
questions for me, I will answer.
CHAIR THOMAS: Thank you, that is the time. But I
will ask if there are any questions from Commissioners? No.
Thank you for your comments.
DIRECTOR PAULSON: The next speaker will be Ms.
Tinsley.
CAROL TINSLEY: I live at 16555 South Kennedy
Road and I would like to point out that Robert was lying
when he said that he spoke to all the neighbors, because he
didn’t. At no time did he come up to me, and at no point in
any of his drawing does my house show up, and I’m within
500’ of the building site.
Second of all, as already said, this is a very
steep hillside. There’s basically a little plateau that
happens. It’s an unstable hillside; trees fall all the
time, and they are deeply rooted.
I would also say that if anything from the
building site were to fall down the hill, it would most
certainly hit the house in front of them, because it will
just keep rolling if there’s nothing to stop something from
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 40
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
hitting the neighbor’s house, or their pool, or whatever.
So that’s where I start.
I will also say this is the second home that
Robert has built on a hillside. The first one he was red
tagged for failing to follow Town processes, so you should
take that into consideration when you heard about the bolt
and other things.
When he built his first home he caused
substantial damage to the shared driveway, which has never
been replaced, and I would certainly expect that any
building that is going to take place, there would be a
guarantee that he would replace the main drive.
As for his repeated points about the Fire. His
other neighbors have had to comply with the turnaround, and
they’ve even had to have several water tanks built onto
their property to mitigate any Fire issues, so that should
also be considered. I don’t understand why he is not being
required to have these tanks installed on his property in
addition to all the other structures.
Now, let’s see. For reference, if you’d like to
look at the newly constructed building, it’s 16461, it’s
one driveway over, and they have these massive tanks of
water.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Robert has owned the property for more than ten
years and he’s never maintained the property and he has
left it to other neighbors to maintain, including when the
fence has fallen down and other things. Now, luckily, we
have a very generous neighbor who does take it on as a pet
project, but I just want to put that out there.
Again, it’s a very narrow building area. It
doesn’t allow for any like lawn or…
CHAIR THOMAS: That’s time, thank you. Are there
any questions from Commissioners for the speaker?
Commissioner Stump.
COMMISSIONER STUMP: This may not be directly to
the speaker, but what is our notification process? Because
we have responsibility for notification.
CHAIR THOMAS: You can ask Staff after. Any
question for the speaker? Are there any additional hands
raised on Zoom?
DIRECTOR PAULSON: No additional hands from the
public. The Applicant’s architect’s hand is raised, but
they’ll have their time.
CHAIR THOMAS: So now I invite the Applicant to
come back up for your closing statement. You’ll have three
additional minutes to speak, and you can share that with
your architect as you see fit.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 42
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHRIS SPAULDING: I will start. Robert will
address the privacy. I just wanted to quickly address the
stability of the hillside and the Fire.
We did get a geotechnical report to make sure
that this site was buildable. It is. Once this house is
built and the new retaining walls are installed to the
latest standards this house and the drainage associated
with the retaining walls will buttress that hillside so
that that roadway and old wall will be supported much
better than it is now. In the long-term, this house will
provide the stability for the uphill neighbors, wall and
roadway, and Robert has agreed to repair any damage that
occurs during construction, but in the long-term this is
good for the stability of that wall and the hillside.
Secondly, the Fire. This house will be built as
fireproof as possible, which is very fireproof these days,
and the Fire Department is requiring the roadway, Vivian
Drive, be improved with better traction and widening the
opening onto South Kennedy Road, and are requiring a
private fire hydrant, which is like a standard fire hydrant
but it’s on private land, to be brought all the way up to
the new fire apparatus turnaround, which is why they don’t
need the tanks, because it would be a full fire hydrant.
Together, all those features are going to provide better
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 43
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
fire protection for everybody in that neighborhood at no
cost to them.
So, yes, it’s a new house. It means the trouble
of construction and noise and dust and time, but in the
end, this will be a nice house and it will be beneficial to
the neighbors, and I’ll let Robert talk about the privacy.
ROBERT NICOL: I’ve provided a presentation here.
This the basement level where we’re to put in the
trees, which I’m also willing to put in a wooden fence if
that would increase the privacy for the neighbors.
Here is the second level of the basement where
there is more shrubbery and trees blocking.
This would be the main floor. This is what is
going to be seen from the main floor.
This shows more of their trees as well as my
trees showing and blocking, so there is no issue of
privacy.
This is from the second floor and all of the
additional trees.
There’s another photo of what you will see.
CHAIR THOMAS: That is time.
ROBERT NICOL: Is it okay if we just go through
the last couple of pictures?
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 44
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHAIR THOMAS: I actually cannot allow that; I’m
so sorry. But thank you, and I think that we probably will
have additional questions for you. The first is from Vice
Chair Burch.
VICE CHAIR BURCH: This is going to be a question
for probably a combination of you and your architect.
I think when people talk about the height, we’re
really talking a lot about the massing, because on a
hillside there is a step up of the levels. When you do take
a look at the three floors, the basement with the upper two
floors, and you do look at the number of rooms and
everything you have in there, I would like to know if there
would be a way to reduce the size of the upper floor,
shifting perhaps one of those rooms to one of the down-
level bedrooms to perhaps take the massing of the highest
level down a bit. That might help a bit with some of the
perception of massing to your neighbors.
ROBERT NICOL: I think with the symmetry of the
house, the way that the architect, Chris, who has been an
architect for many projects in Los Gatos, has put symmetry
between the basement and the first and second floor.
VICE CHAIR BURCH: I’m sure that Chris is a good
architect. If it was something you were willing to
compromise with.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 45
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHRIS SPAULDING: Could I respond to that?
VICE CHAIR BURCH: Sure.
CHRIS SPAULDING: The architectural drawings, if
you look in your packet on Sheet A-8, that shows what looks
like a full, large three-story faced, the upper level, the
third floor, is set back completely back behind the main
level, so when you view that from below, that third floor
is not visible. You’d only see it as it’s shown on Sheet A-
8 is if you were in a drone 50’ above the ground. When
you’re down on the neighbor’s property looking up, the
upper level is set back so far that it won’t be visible.
That perception of bulk that you see in that drawing is
not…
VICE CHAIR BURCH: No, Chris, I see it. I
understand.
CHRIS SPAULDING: Yes, it’s not actually how you
would visualize…how it would be perceived in reality.
VICE CHAIR BURCH: Chair, can I ask one
additional question?
CHAIR THOMAS: Yes.
VICE CHAIR BURCH: Then in relation to some of
the privacy concerns that we heard from your downhill
neighbor, one of the things that they brought up were the
decks, and I would like to know if you would be willing… On
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the family room, you have two decks off of that, one being
a deck on the southwest side, it’s a little smaller
anyways. If that were to help you in your conversations and
work with your neighbors, would you be willing to move that
portion of the deck, leaving the larger other deck, but the
deck that is basically looking down at your neighbors?
ROBERT NICOL: I wouldn’t prefer to have that
removed. I’m definitely willing to work with the Planning
Commission and the neighbors, but it’s not my preference.
CHAIR THOMAS: Are there any other questions?
Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you. You were
talking about the retaining walls, and I know we do have
the retaining walls for the Fire turnaround. Were you also
taking about a retaining wall behind the house where we
have such concern about the antique rock wall? What are you
doing to prevent erosion from coming behind the house?
ROBERT NICOL: Chris, can you answer that?
CHRIS SPAULDING: I’m not exactly sure what you
mean.
COMMISSIONER BURNETT: Behind the house, because
the antique wall is sort of like in jeopardy now and seems
like it has some issues going on, what kind of stability
are you going to have behind the new house?
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 47
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHRIS SPAULDING: On the uphill side of the new
house all the retaining walls are actually within the
footprint of the house, so above the house all there will
be is a surface drain to drain away any surface waters, but
otherwise that hillside is just the existing to remain, be
natural.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: I guess I’ll call them your
downhill neighbors, they’re asking that all the mature
privacy trees be preserved. Are they speaking about trees
on your property, or are they trees on someone else’s
property, or do you fully know what that request is?
ROBERT NICOL: They have massive oak trees that
are on their property that I consider the privacy screening
that they’re referring to, but I’m not 100% certain.
Because I showed the pictures after in my rebuttal where
all you saw were trees from the basement level, the first
floor, and the second floor in my presentation.
COMMISSIONER STUMP: They’ve asked for addition
of new privacy enhancing landscaping, which from what I
understand, you’re willing to consider and work with them.
ROBERT NICOL: Yes.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 48
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER STUMP: There was even something
brought up about Toyon not being the preferred planting,
and so anyway, that’s good to hear from you now.
Commissioner Burch has already discussed briefly
about balconies and the concern they may have there.
Obviously, they’ve talked about either the height of the
windows or obscuring some of those. Is that also something
you’re willing to work with the neighbors on?
ROBERT NICOL: I’m willing to put in drapes. From
the pictures and the photos there was all… I could see from
those photos I presented were trees and I couldn’t even see
their home, so I am still a little confused as to when I
provided the visual evidence of what they are claiming.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: You heard your downslope
neighbor saying that the orange netting was clearly visible
from their house, and you’re saying it’s not at all. Do you
have any way to reconcile this perspective?
ROBERT NICOL: Yes, I provided the pictures in
the presentation in my rebuttal.
CHRIS SPAULDING: Can I speak to that? The
pictures as he showed, there is a canopy of trees that is
on the neighbor’s property that provides screening from the
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 49
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
upper levels of the proposed house and pretty much screens
their house from this new house. But those mature trees are
limbed up 10-20’, and so when you’re down on the lowest
level of the proposed house you can see below those trees
down to the neighbor’s back yard, their play area, and
that’s what really needs the screening.
The landscape architect provided the row of Toyon
trees. Toyons were selected because they’re evergreen and
they’re a native species, but I’m sure Robert would be
happy to provide any tree that would provide the screening
the neighbors would want.
To make that screening complete, those trees
don’t have to be terribly tall, they only need to be about
15’ high to fill in that open area from the ground to the
underside of that existing oak canopy that’s on the
neighbor’s property and that they control. Thank you.
COMMISSIONER BARNETT: If I may just follow-up on
that?
CHAIR THOMAS: Yes.
COMMISSIONER BARNETT: I wonder if Mr. Spaulding
could comment on the offer of the Applicant to install a
fence. Would that be superfluous, or something that
wouldn’t be necessary if the plantings were put in as
suggested?
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHRIS SPAULDING: That would completely screen
the lower 6’, but the screen planting would still be needed
for the 6-15’ to complete the screen. Thank you.
COMMISSIONER BARNETT: Thank you for that.
CHAIR THOMAS: Are there any other questions for
the Applicant at this time? Okay, thank you very much.
ROBERT NICOL: Thank you.
CHAIR THOMAS: We will now close the public
portion of the public hearing on Item #2, and I invite
Commissioners to ask questions of Staff, provide comments,
or propose a motion. Vice Chair Burch.
VICE CHAIR BURCH: Ms. Shoopman, there has been
discussions about the height, that it’s too tall, and I
know that when we’re in the hillsides the way we measure
this can get a little difficult. Could you go back again
and explain how we measure from the low to the high point
that 34’, just to make sure that up here when we’re
discussing height and where we are with this, we’re all
discussing the same thing?
JOCELYN SHOOPMAN: Yes, thank you for that. In
these hillside settings where you do have these exposed
grades with the below grade space, we’re looking at the
high to low point of the exposed grade to the highest
point. This Applicant does comply with that 35’
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 51
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
requirement, but in terms of your discussion of massing,
the Planning Commission could certainly look at roof
slopes, ceiling plate heights, and other ways to address
height concerns.
VICE CHAIR BURCH: Thank you.
CHAIR THOMAS: Vice Chair Burch.
VICE CHAIR BURCH: We heard some things about the
wall and the poor choice to put a bolt in this wall. I know
Staff, Public Works, we have different people I know that
have looked at… In the past, we’ve had somebody go look at
some of these historic rock walls. Is there anybody with
the Town that would be able to go look at that and make a
recommendation on how this gets properly patched?
DIRECTOR PAULSON: The likelihood is probably no.
This is a civil issue; we’re not going to want to take on
that liability from the Town’s perspective. The Town
Attorney can hit me if I’m misspeaking. But ultimately, you
can potentially have an engineer go out and take a look at
it and see what damage they think it is, but it’s going to
take a more thorough investigation that is going to need to
involve professionals above and beyond what our Staff would
be able to do.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 52
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
VICE CHAIR BURCH: Wanting that to happen is
something like I could theoretically put into a motion or
something to make sure that it’s captured or…
DIRECTOR PAULSON: We have engineers sitting here
right now listening to you, so I don’t think that’s going
to be an issue. We’ll make sure that we circle back with
them following this hearing or the conclusion of this item
and see what options we have.
VICE CHAIR BURCH: Thank you.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: A recommendation from one of
the speakers was that as a Condition of Approval, if we go
down that path, we should require geotechnical work as a
condition of our approval, not waiting for the Building
Permit to me issued. Is that something that can be done?
JOCELYN SHOOPMAN: Thank you. There is a
Condition of Approval for a geotechnical report. I’m
looking at the exact wording of when it’s required, and I
believe it’s required to be completed prior to Building
Permit issuance, but I’ll defer to our engineers.
JAMES WATSON: James Watson, PPW Senior Engineer.
The Conditions of Approval do include some additional
geotechnical reviews that need to be done prior to the
construction documents being approved. The geotechnical
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 53
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
engineer for the Applicant themselves pointed that they
didn’t have the expertise to do the geological study that
was needed for the landslide, and so they put into their
report that a subsequent study would be needed, our peer
reviewer picked up on that, and we have that in our
Conditions of Approval.
CHAIR THOMAS: Thank you. Commissioner Barnett.
COMMISSIONER BARNETT: Does the requirement for a
geotechnical report include hydrology that was mentioned?
JAMES WATSON: I don’t recall any comments about
the hydrology. The geotech engineer doing a landslide study
would obviously be looking at hydrology to understand how
the soil saturation would affect the potential for
landslides. I just don’t recall a specific reference to
hydrology, but the general idea of a geological study of a
landslide area would look at how hydrology is going to
effect.
COMMISSIONER BARNETT: Understood, thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: I do have more questions.
I didn’t want to monopolize the microphone here.
Do the Conditions of Approval, as I expect,
provide for protection of the wall and hillside during
construction?
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 54
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JOCELYN SHOOPMAN: Thank you for that question.
They do not specifically.
COMMISSIONER BARNETT: Is there a reason not to,
and wouldn't it be advisable to include those?
JOCELYN SHOOPMAN: The Planning Commission could
choose to include an additional condition.
COMMISSIONER BARNETT: Then I had a question
about the Fire Department, which County Fire presumably has
signed off on, if I recall correctly. Does that include the
improvement of the traction on the roadway on Vivian Drive?
JOCELYN SHOOPMAN: Santa Clara County Fire has
reviewed this application and they have approved it. Their
Conditions of Approval are included.
COMMISSIONER BARNETT: For the Town Attorney, Ms.
Whelan. Can you confirm again the California law regarding
an easement for light or view, and also whether we can
still consider privacy in light of that law as I expect it
to be?
ATTORNEY WHELAN: The law provides that local
jurisdictions can enact ordinances that protect light, air,
and view easements. The Town does not currently have any of
those ordinances in place.
Then, remind me of your second question.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 55
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BARNETT: Is privacy still a
legitimate consideration? I assume it is.
ATTORNEY WHELAN: Well, it’s interesting, because
the Applicant is asking to build outside of the LRDA area,
and when an applicant is asking for an exception from a
standard, there are findings that the Planning Commission
needs to make, and it says, “Any deviation from the
standards contained in this document shall include the
rationale and evidence to support the deviation, and
exceptions can be granted.” So, if there were something
related to the fact that the Applicant is building outside
of the LRDA, and there were a condition that were related
to that request of the Applicant, I believe that would be
defensible.
COMMISSIONER BARNETT: Chair, if I might, let me
check my notes. Again, I guess for Ms. Whelan. Could a
condition be imposed that required drapes on the windows,
and would that be enforceable?
ATTORNEY WHELAN: Drapes on the windows?
COMMISSIONER BARNETT: Yes, could that be made an
enforceable condition?
ATTORNEY WHELAN: Maybe run through the other
questions, and I can give that some thought. I think the
issue with that is they’re only useful if they’re closed.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 56
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BARNETT: Or alternative window
coverings, like shutters?
ATTORNEY WHELAN: Let me ponder that, and I’ll
get back to you, if there are other questions in the
meantime.
COMMISSIONER BARNETT: Okay, thank you. I’m
sorry, there was one more question. The concern was raised
about damage to the lower home as a consequence of
construction. Are there any particular provisions in the
conditions to address the safety of the lives and property
on the lower adjacent property during construction?
ATTORNEY WHELAN: Yes, the Conditions of Approval
do require applicants to indemnify and defend the Town from
any claims that arise out of the Town’s approval of a
planning application.
COMMISSIONER BARNETT: Thank you.
CHAIR THOMAS: I have two questions. One came up
about a fence. Could we review the Fence Ordinance
requirements for the hillsides? If you want a minute to do
that, that’s totally fine, to bring them up.
JOCELYN SHOOPMAN: Are there some specific
questions you have about the fencing?
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 57
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHAIR THOMAS: From my understanding of our
Hillside Fence Ordinance, there’s not really an appropriate
way to implement a fence for privacy purposes.
JOCELYN SHOOPMAN: The hillside fences are
limited to 6’ in height, unlike other areas of the Town
where you may see 7-8’, so that is one consideration.
Depending on the location of the fence, there are
requirements that it also be open view to still allow
habitat to be able to go through, so there are some of
those additional stipulations depending on where the fence
is on the property.
CHAIR THOMAS: Thank you. Then a clarification
about landscaping in the hillsides too. There were some
requests by neighbors to plant some trees that are not
natives, but my understanding is that there needs… Can you
explain what can and can’t be planted?
JOCELYN SHOOPMAN: Appendix A of the Hillside
Development Standards and Guidelines does give recommended
tree plantings and shrubs; however, the Planning Commission
does have the purview to choose additional plantings.
DIRECTOR PAULSON: To the Chair’s question, there
is one specific type of tree that Staff would not allow to
be planted as part of a mitigation in the hillside setting
in the form of Italian Cypress.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 58
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHAIR THOMAS: Is that due to fire safety issues?
DIRECTOR PAULSON: Yes.
CHAIR THOMAS: Thank you. Are there any other
specific questions? I was going to ask Ms. Shoopman, can
you review again… I just want to make sure that we all
understand that this is why this is in front of the
Planning Commission and with regard to the grading depths,
the retaining wall height, the retaining wall length, and
the LRDA.
JOCELYN SHOOPMAN: Sure, thanks for that
question. Everything you just described, those exceptions
require the Planning Commission’s review, which is why we
are before you tonight. The Applicant has explained why
those requests are being made due to the steep topography,
and so just as you explained, all of those items do require
the Planning Commission’s review.
CHAIR THOMAS: Just to confirm, according to
Staff and the consulting architect, the design of the home
is compatible with the neighborhood and it is abiding by
all the Hillside Development Standards and Guidelines other
than these four issues?
JOCELYN SHOOPMAN: Yes, based on the consulting
architect’s review, the home does comply with the Hillside
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 59
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Development Standards and Guidelines specific to the
architectural sections.
CHAIR THOMAS: Okay, thank you. Vice Chair Burch.
VICE CHAIR BURCH: Mr. Mullin, would you be able
to pull up A-3 and go back over the LRDA on this? Only
because it is one of the items, and based on what the
attorney just said, are we able to pull that up and be very
clear on where the LRDA is on the property?
SEAN MULLIN: I can, but it will take a minute or
so.
VICE CHAIR BURCH: That’s fine. I think we can go
ahead with our discussion.
SEAN MULLIN: Do you have the sheet number, the
page number in the packet, by chance?
VICE CHAIR BURCH: Oh, yes, 155.
CHAIR THOMAS: While Mr. Mullin is pulling that
up, are there any other questions for Staff at this time,
or does anyone want to kick off discussion? Vice Chair
Burch.
VICE CHAIR BURCH: I am kicking off the
discussion. I’ve had the opportunity to look at a lot of
hillside homes during my tenure, and they’re always very
challenging. Obviously, just the slope of the land and
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 60
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
interesting lot lines and lot configurations make them
always a little bit challenging.
I do think there are some challenges on this
property. I want to point out, if you look on Sheet A-11,
one of the items in the Hillside Guidelines is that homes
built in the hillside kind of stair-step with the slope,
and I do want to point out that this property is doing that
rather than have a 35’ vertical plane.
That said, I still think there is probably some
opportunity to reduce the deck, maybe to work with window
height, and to work a little bit with the privacy with the
neighbors. I think there is some more opportunity for the
Applicant to work with their neighbors on landscaping for
privacy purposes.
I’m going to pause where else I was going to go,
because Mr. Mullin, if you could do me a favor then and
point out on this exactly where the LRDA is on this
property.
SEAN MULLIN: I can start, and then Ms. Shoopman
can correct me if I’m wrong. Just to zoom in on the legend,
this light grey area is areas over 30% slopes. There’s a
delineation of the Least Restrictive Development Area
showing the areas under 30%, so I don't know if you can see
my cursor. You can see a couple callouts of little pockets
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 61
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
along the roadway, and then a small pocket in this area
where the LRDA is located, and the house is located up in
this corner.
VICE CHAIR BURCH: Okay. I wanted to make sure we
were all aware of the extreme limitations on that. Thank
you.
Just to finish, and then I’ll let Commissioner
Barnett go. We are dealing with a complicated site, but I
do think that there is probably a bit more work that the
Applicant could be doing with their neighbors to address
some of the privacy issues as far as the deck, windows, and
landscape.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: I’m in general agreement
with that, but I suppose that puts us in the position of
making conditions that the Applicant work with Staff to
address those issues, or we continue this matter to see
what changes have actually been proposed.
VICE CHAIR BURCH: I made the comment, I’ll
address it. I am always very inclined to have the
applicants work with Staff. They are professionals in this
and studied this. They are very well versed in our
guidelines requirements and some of the nuances that these
take. So, that would be my recommendation.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 62
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CHAIR THOMAS: I feel like that too. I don’t
think that this project needs significant changes enough,
or I don’t think that we can request significant changes
enough at this point for it to need to come back to us.
I understand the neighbors’ concerns, and I want
to make sure that we attempt to mitigate some of those,
however, I do think that the issues regarding the grading
depth, the retaining wall, height, and length are all
specific and can’t be avoided because of the site, and due
to fire safety it’s absolutely required, and the same with
the LRDA.
So, the four reasons that it’s really in front of
the Commission, I believe that we can make the findings for
those exceptions, so I would be in favor of the Commission
trying to make some specific recommendations to be included
in the Conditions of Approval so that Staff can move
forward with that.
However, I do feel pretty strongly about
maintaining some native landscaping in this area,
especially hearing from some of the neighbors and public
comment about how this area is very natural looking as it
is, and I think that it would be really doing a disservice
to the ecosystem and the neighbors if there were some
plants planted that were not naturally found here.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 63
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I also want to note that there were comments that
Toyon aren’t evergreen, but they are, even though they are
slow growing, so I would head more in the direction with
regard to landscaping to asking for some larger, more
mature trees to be planted. I know that that can be
difficult with oaks, but perhaps there are some larger
Toyons that can be sourced, and those are evergreen, so I
think that that could mitigate some of the neighbor privacy
concerns.
I think what Vice Chair Burch suggested, reducing
the size of that deck or readjusting the deck so it’s
really oriented still in the other direction, like ensuring
that it’s more oriented away from the neighboring
properties, is something that I would also be in favor of.
I think that Commissioner Burnett has some comments too.
COMMISSIONER BURNETT: Thank you. Looking at the
design here, there are so windows. We didn’t address the
amount of windows in the home, which would have an effect
on the privacy from the home below. I wonder if we maybe
talk about that a little bit, because I mean there are a
lot of windows.
CHAIR THOMAS: I think Ms. Whelan has a comment
about that.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 64
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ATTORNEY WHELAN: If it’s a good time, I can
respond to Commissioner Barnett’s question about the
Conditions of Approval.
The Applicant is seeking architectural and site
plan approval, and the Town Code provides that when that’s
the case the decision-making body can include conditions
that are reasonable and necessary to carry out the intent
of the chapter. Such conditions can include site planning
conditions, architectural conditions, landscape conditions,
etc. Requiring a special treatment on the window would be
an architectural condition, and so the Planning Commission
would need to determine whether or not that was reasonable
and necessary in order to ensure harmony with the
neighborhood.
CHAIR THOMAS: Do you have any follow-up
questions?
COMMISSIONER BARNETT: No, that’s fine.
CHAIR THOMAS: I think that with additional
landscape screening, I personally do not see a need to make
a lot of changes with regard to making additional
recommendations or Conditions of Approval surrounding the
windows at this point.
I always try to remind myself that the people
building the property also value privacy, and the windows
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 65
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
are two-way, so if they can see out, people can see in. I’m
not sure that I have any specific recommendations around
that, but I’m interested to hear if any other Commissioners
do. Commissioner Burnett.
COMMISSIONER BURNETT: If you’re looking at the
design, there are 14 windows on the bottom, there are 14 in
the middle, and there are 10 on the top. I’m just saying,
I’m wondering if there would be some way we could reduce
the number, and I think that would help with privacy issues
for the neighbor below.
CHAIR THOMAS: Vice Chair Burch.
VICE CHAIR BURCH: Just to add to the dialogue
though. If you take a look at the way this is built, on the
north-northeast side of the home, if you look at Sheets A-
5, A-6, and A-7, there are really no windows on that side
because of the way it’s built into the hillside, so the
natural light that they’re getting is actually coming from
the southwest side of the building.
That said, I think we could say where
appropriate, restrooms or a pantry, we could ask for
frosted windows, but even like in bedrooms you have to have
an egress window. We have to be careful on Building Code
and allowing just natural light into a home versus reducing
too much. I’m kind of with the Chair; I would mostly prefer
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 66
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
perhaps they work through some of the privacy issues with
landscaping, if possible. Really, that’s the only side of
the house that has windows.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: A question for Staff. What
direction can we really give an applicant around one of the
ways to reduce your privacy is to reduce the number of
windows you have in your house? I mean, certainly that’s an
option, but how does that really get included as a
condition? We’re really trying to achieve, for the
neighbors as well as the Applicant, a good solution for
privacy, and we’re talking about landscaping, we’re talking
about we can require window coverings, but of course that
assumes they’re being used. So, what other options do we
have as it relates to this whole question of privacy and so
much viewing area from this house.
JOCELYN SHOOPMAN: Thank you for that question.
What Staff would be looking for is specific direction about
where the landscaping should be located. (Inaudible) there
is specific direction that the landscaping should only be
native. There can be specific language about there has to
be an agreement from the neighbor on the landscaping; that
could be prior to final of the Building Permit, but that’s
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 67
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the kind of specific language Staff would need in the
condition.
CHAIR THOMAS: Just to follow-up on that,
typically in the past when we include something like this
in a Condition of Approval we will say remove this window
from this location, or make this window frosted, something
very specific, which at this point I don't know if we feel
like that’s… So, that’s typically what we’ve done in the
past. Commissioner Barnett.
COMMISSIONER BARNETT: I’m prepared to try to
make a motion based on our discussion so far, recognizing
that there may well be proposed additions or deletions, if
I may.
Concerning Item 2 on our agenda tonight regarding
the 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 16498 South
Kennedy Road, I can make the findings that the proposed
project is categorically exempt under CEQA.
I can make the finding that the project complies
with the objective standards of Chapter 29 of the Town
Code.
I can make the finding that due to the
constraints of the site, exceptions to grading depth,
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 68
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
retaining wall height, retaining wall length, and building
located outside the LRDA are appropriate, and the project
is otherwise in compliance with the Hillside Development
Standards and Guidelines.
I can make the finding that the project complies
with the Hillside Specific Plan.
I can make the considerations as required by
29.20.150 of the Town Code for granting approval of an
Architecture and Site Application, Exhibit 2, and approve
the Architecture and Site Application S-24-037 with the
conditions contained in Exhibit 3, and the development
plans in Exhibit 13.
The additions would be that the Applicant work
with Staff and the neighbors concerning the height and
species of privacy trees, with preference for native trees;
that the Applicant discuss with Staff and make possible
reduction of the window heights; and that the Applicant
further discuss in good faith with the Staff the removal or
reorientation of the small deck.
CHAIR THOMAS: I think we need a second. Do you
second, Vice Chair Burch, and then a friendly amendment?
VICE CHAIR BURCH: I’ll second. I would like to
make on Condition of Approval #66, as we discussed earlier
on in our discussion, the restoration of public
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 69
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
improvements, I would like to ensure that the historic rock
wall is included in those repairs, and Ms. Shoopman, if it
could be worded in a way that it maintains the historic
integrity of the wall. Acceptable?
COMMISSIONER BARNETT: That’s acceptable to me if
it’s acceptable to Staff and the Town Attorney.
ATTORNEY WHELAN: Yes.
CHAIR THOMAS: Can I just get a clarification on
the landscaping recommendations for privacy that were
included? Did you make any recommendations about that to be
added?
COMMISSIONER BARNETT: Yes, I said the height and
species of the privacy trees, with preference for native
trees.
CHAIR THOMAS: Yes, as applicable to the appendix
in A from the Hillside Development Guidelines.
COMMISSIONER BARNETT: They’re guidelines, so
I’ll accept that. The seconder needs to approve.
CHAIR THOMAS: Do you?
VICE CHAIR BURCH: Yes.
CHAIR THOMAS: Perfect. Any discussion about this
motion, or questions?
ATTORNEY WHELAN: I have a question.
CHAIR THOMAS: Yes.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2, 16497 South Kennedy Road 70
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ATTORNEY WHELAN: There was a reorientation of
something and I didn’t capture what it was. Is it the small
deck?
COMMISSIONER BARNETT: Removal or reorientation
to grant privacy on the small deck.
CHAIR THOMAS: I will now call the question and
ask for a show of hands in favor of the motion. The motion
passes 5-0. Are there any appeal rights?
DIRECTOR PAULSON: Yes, thank you, Chair. Anyone
who is not satisfied with the decision of the Planning
Commission can appeal that decision to the Town Council.
Forms are available online and in the Clerk’s Office. There
is a fee for filing the appeal, and the appeal must be
filed within ten days.
CHAIR THOMAS: Okay, thank you.
(END)