Attachment 6 - Applicant Response to the Appeal and Modifications to the Plan Set16497 S Kennedy Rd. – Reply by owner to the appealing parties questions
1.The maximum height of the proposed house is less than allowed within the hillside
standards guidelines. The proposed residence isn’t more than 25ft high at any location. And
it is not more than 35ft high from the lowest point around the perimeter to the highest ridge
line.
2.The bolt in the wall has been addressed. The story pole installer is going to install a metal
pole in front of the wall on my property and attach the wire to the pole taking the pressure
off the historic wall. I will then have the bolt carefully removed after consulting an engineer.
3.I have never stated the driveway is my driveway or ever told anyone I was going to install a
gate and lock. This is an open driveway and has been so since I owned the property. And I
am not going to install a gate or lock now.
4.The fire department has made it a requirement to upgrade the road and while this is being
done, I will repair the damaged concrete at the bottom of Vivian drive.
5.All trees will be protected by fencing according to the plans and hillside standards and
guidelines.
6.All the construction workers will be given appropriate parking instructions, and a sign will
also be installed at the upper driveway of the concerned neighbors.
7.The construction workers will keep the jobsite clean and will sweep weekly as requested.
8.The house design meets all the hillside standards and guidelines other than the fire
apparatus turnaround. The only exception granted is the fire apparatus turn around which is
a hard requirement by Santa Clara County Fire.
9.There is a long 75ft retaining wall being installed to support the driveway which borders both
downhill neighbors. Also, the house will be built on piers and not require an additional
retaining wall as stated by the person appealing. The new house is all built to the latest
structural and geotechnical standards. And the lower level is right down at grade, therefore
there is no need for an additional retaining wall.
10.At this point in time it doesn’t appear water tanks will be required. The only reason they
would be if there is inadequate water pressure. With the new water lines being installed to
supply the fire hydrant we expect water pressure to be an issue.
11.A licensed geotechnical engineer and geologist has been hired, and their formal report will
be submitted in mid-May.
12.I spent time with Apoorva and Rohit reviewing their privacy concerns on April 1st, 2025.
During this meeting Rohit and I walked to my property to get the vantage points from each of
the three floors. As you can see in the photos provided by the appealing party there is a
small opening in the very large oak tree that covers and blocks almost all the vantage points
coming from my new proposed residence. I have taken their concerns seriously and have
addressed them by reducing the window coverage by 20% percent. I have also removed the
balcony coming off the living room/dining room. And I have reduced the other balcony to a
minimum size. I also removed one large set of glass doors. And I also reduced the 16’ glass
doors to 12’ in the family room. And lastly, I am going to plant native 6’ tall evergreen trees
along the entire basement floor which will create privacy for both residences on the bottom
of my property and the top of the appealing parties.
13.Photos provided by the appealing party: The photos below show that the appealing parties
oak trees block 99% of the orange netting of the story poles.
ATTACHMENT 6
MSPCMSPC MSPC
MSPCMSPCMSPCMSPCMSPCMSPCMSPCA61ST FLOOR PLAN1/4"=1'-0"051015FAMI
LY
ROOMLIVING ROOMDINING ROOMBUTLER'SPANTRYDECKPANTRYMUDROOM2-CAR GARAGE1/2 BATHLAUNDRYELEVATORHALLCLOENTRYCOVEREDPORCHKITCHENELEVATOR27'-0"9'-0"2'-6"7'-9"2'-0"13'-0"
4'-0"22'-0"
1'-0"
8'-0"13'-0"8'-412"6'-0"11'-11"18'-6"25'-0"
7'-0"
48'-0"2'-0"2'-0"4'-3"SHEETSSHEETOFSCALE:DATE:DRAWN:JOB:PERMIT SETCONSTRUCTION SETPRELIMINARY SETPLAN CHECK SETDESIGN REVIEW SETREVISIONSBYA R C H I T E C T CHRIS SPAULDING(510) 527-5997 FAX (510) 527-5999BERKELEY CALIFORNIA 94710801 CAMELIA STREET SUITE EDRAWINGS PREPARED BYLOS GATOS CALIFORNIACS/DBNICOL6-6-20242916497 S KENNEDY RDAS NOTEDA PROPOSED NEW HOME FOR
NICOL RESIDENCE 9-18-24 11-18-202412-18-202412-30-20244-30-20255'-6"3'-3"3'-1112"DECK30'-0"15'-112"20'-612"27'-812"15'-8"
25'-2"
B B3'-6"AACDDDSLOPED CEILINGSLOPED CEILINGSLOPED
CE
I
L
ING
SLOPED CEILINGSLOPED CEILINGHALL20'-1014"
1'-6"REDUCE BALCONYREMOVE BALCONY
A81A812212, TYPICALSHEETSSHEETOFSCALE:DATE:DRAWN:JOB:PERMIT SETCONSTRUCTION SETPRELIMINARY SETPLAN CHECK SETDESIGN REVIEW SETREVISIONSBYA R C H I T E C T CHRIS SPAULDING(510) 527-5997 FAX (510) 527-5999BERKELEY CALIFORNIA 94710801 CAMELIA STREET SUITE EDRAWINGS PREPARED BYLOS GATOS CALIFORNIACS/DBNICOL6-6-20242916497 S KENNEDY RDAS NOTEDA PROPOSED NEW HOME FOR
NICOL RESIDENCE 9-18-24 11-18-202412-18-202412-30-20244-30-202510'-0"9'-0"9'-0"1ST FLOOR539.05'BSMT FLR528.0'2ND FLOOR549.1'SOUTHWEST ELEVATION1/4"=1'-0"051015NORTHEAST ELEVATION1/4"=1'-0"051015STANDING SEAMMETAL ROOFINGCOLOR: DARK BRONZERECESSED WOOD-CLAD WINDOWS[E] & [F] 527.3'T.O.W. 539.05'[F] 527.33'[E] 530.5'[E] 529.0'[F] 527.33'[E] & [F] 541.5'[E] & [F] 550.3'1ST FLOOR539.05'BSMT FLR528.0'2ND FLOOR549.1'[E] & [F] 549.18'[E] 549.0'[E] 547.0'[F] 548.0'[E] 547.0'[E] & [F] 546.5'PROPOSED MAX. HEIGHT FROM LOWEST POINT @ BUILDING PERIMETER = 34'-8"LOWEST POINT @PERIMETER 527.0'ALL EXTERIOR WINDOWSSHALL BE TEMPERED GLASSTO REDUCE GLARE25'-0"
10'-8"
18'-8" FROM FARTHEST POINT
OF DECK TO [E] GRADE
10'-8"
11" (3 FT. MAX.
ALLOWED)WINDOW JAMBNTS112" PLYWOOD78" STUCCO'MARVIN' CLADWINDOWEXTERIOR(2) 2x612" GYP. BOARD(2) 2x4INTERIORREFER TO THE BUILDINGHEIGHT STUDY ON SHEET A4FOR EXACT HEIGHTS ABOVEEXISTING GRADESMOOTH STUCCO SIDINGCOLOR: SHERMAN WILLIAMS'CHATURA GRAY'LRV 30OBSCUREGLASSPREVIOUS GLAZING = 627.75 SQ.FT.PROPOSED REDUCED GLAZING = 498.25 SQ.FT.(OR CHANGED TO OBSCURE GLASS)= 21.4% REDUCTIONWINDOWS REDUCEDWINDOWS REDUCEDBALCONY DELETEDWINDOWS REDUCEDBALCONY REDUCEDWINDOWS REDUCEDWINDOWS OBSCUREDSCREEN PLANTING