Admin Staff Report (2019-11-12)
ADMINISTRATIVE ACTION OF THE
COMMUNITY DEVELOPMENT DIRECTOR
November 12, 2019
PLN2019-144,196
LU Construction
Application of LU Construction for an Administrative Site and
Architectural Review Permit (PLN2019-144) to allow construction of
a 2-story 3,600 square-foot single-family residence and Tree Removal
Permit (PLN2019-196) to allow removal of two (2) protected Deodar
Cedar trees located in the front yard on property located at 505
Sunnybrook Drive within the R-1-6 (Single-Family Residential)
Zoning District in the San Tomas Area.
STAFF RECOMMENDATION
That the Community Development Director take the following action:
1. Deny the Administrative Site & Architectural Review Permit and Tree Removal Permit,
incorporating the attached findings, and directing the applicant to redesign the proposed
single-family residence to preserve the Deodar Cedar trees and inset the rear balcony.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Community Development Director find that this project is Statutorily
Exempt under Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to
projects which a public agency rejects or disapproves.
PROJECT DATA
Type Proposal Allowance/Requirement Compliance(Y/N)
General Plan Designation 4.4 units/gr. acre 6 units/ gr. acre Y
Zone District Designation R-1-6 - N/A
Net Lot Area 8,000 sq. ft. 6,000 sq. ft. (Min) Y
Gross Lot Area 9,890 sq. ft. 7,260 sq. ft. (Min.) Y
Building Area
Proposed First Floor Living:
Proposed Second Floor Living:
Proposed Attached Garage:
Proposed Total Building Area:
Covered Porches/Patios
1,664 sq. ft.
1,519 sq. ft.
417 sq. ft.
3,600 sq. ft.
709 sq. ft.
3,600 sq. ft. (45%) Y
Site Utilization
Building Coverage:
Private Open Space:
Front Yard Paving:
2,557 sq. ft. (32%)
2,800 sq. ft.
630 sq. ft. (43%)
2,643 sq. ft. (40%)
750 sq. ft. (minimum)
787 sq. ft (50%)
Y
Setbacks
Front (south):
Side (west):
Side (east): Rear (north):
Garage:
25 Feet
5 Feet
5 Feet 45 Feet
25 Feet
20 Feet
5 Feet (or 50% wall height)
5 Feet (or 50% wall height) 20 Feet
25 Feet
Y
Floor Area Ratio (FAR) .45 .45 Y
Parking 2 covered 1 covered, 1 uncovered Y
Landscape/Trees Front & Back Yard Front Yard Y
Administrative Site and Architectural Review Permit Page 2
PLN2019-144/196 ~ 505 Sunnybrook Dr.
ANALYSIS
Considerations in review of application (CMC § 21.42.040) Y/N
1. Will the traffic generated from the development avoid adverse affects on traffic conditions on abutting
streets? Y
2. Does the layout of the site provide adequate vehicular and pedestrian entrances, exit driveways, and
walkways?
Y
3. Will the arrangement of off-street parking facilities prevent traffic congestion and adequately meet the
demands of the users?
Y
4. Will the location, height, and material of walls, fences, hedges and screen plantings ensure harmony
with adjacent development and/or conceal storage areas, utility installations, or other potentially unsightly
elements of the project?
Y
5. Does the project maximize open space around the structures, for access to and around structures, and
the establishment and maintenance of landscaping for aesthetic and screening purposes?
N
6. Does the project minimize the unnecessary destruction of existing healthy trees? N
7. Will the project enhance the overall appearance of the city by improving the appearance of individual
development projects within the city? N
8. Will the project complement the surrounding neighborhoods and produce an environment of stable and
desirable character?
N
9. Does the project enhance the city’s character and avoid an adverse aesthetic impact upon existing
adjoining properties, the environment, or the city in general? N
10. Will the project promote the use of sound design principles that result in creative, imaginative
solutions and establish structures of quality design throughout the city and which avoid monotony and
mediocrity of development?
N
11. Will the project promote maintenance of the public health, safety, general welfare, and property
throughout the city?
Y
12. Is the project consistent with the city’s general plan and all applicable design guidelines and special
plans? N
If the answer is “No” to any of the above, list the number and provide a response as to why the proposed project does not
comply as required pursuant to CMC § 21.42.040. If the project can be supported with minor modifications, provide a
recommendation on how the project may be modified to comply with the stated Considerations and Findings.
Number Response
5. The location of the trees within the property’s front yard would create a relatively
large open space area if they were preserved.
6. The applicant proposes removal of two mature Deodar Cedar trees located in the front
yard of the property so that the rear yard area may be maximized. However, removal
of these two trees conflicts with CMC Section 21.42.040.B.4 and Section
21.26.030.K, both of which encourage retention of mature trees.
Additionally, the findings for approval of a Tree Removal Permit, pursuant to CMC
Section 21.32.080, have not been met in that the trees are healthy and would not cause
damage to the proposed house if the house were placed further back on the lot. Since
the project proposes a 45-foot rear setback, the proposed house can be shifted up to
25-feet back to ensure that construction does not occur with the root zone since the
rear setback requirement is only 20-feet. The applicant has refused to revise the house
placement at staff’s suggestion.
As such, both the considerations of review and findings for approval cannot be
affirmatively established such staff recommends denial of the application.
7. & 8. Preservation of the trees improves the property’s appearance and supports the
neighborhood character.
Administrative Site and Architectural Review Permit Page 3
PLN2019-144/196 ~ 505 Sunnybrook Dr.
9. The Proposed Project does not enhance the City’s character because the City is a
recognized “Tree City” by the Arbor Day Foundation, due to its efforts to preserve
trees that in turn achieve a specific environmental character.
12. The project includes an approximately 215 square-foot rear balcony that may present a
privacy impact to neighboring properties in a manner inconsistent with San Tomas
Area Neighborhood Plan (STANP) guidance on privacy impacts. Staff also encourage
that the balcony design be modified to further reduce privacy impacts.
Project Description
The proposed home is shown in a contemporary residential style incorporating hipped and
gabled rooflines, composition roofing, and stucco walls (reference Attachment 2 – Project
Plans), along with white body color with black accents (reference Attachment 3 –
Color/Material Board). The rear of house proposes an approximately 200 square-foot balcony.
Public Comments Received Explanation/Response
No public comment has been received on this application.
Attachments:
1. Findings for File No.: PLN2019-144/196
2. Project Plans
3. Color/Material Sheet
4. Location Map
Prepared by:
Daniel Fama, Senior Planner
Approved by:
Paul Kermoyan, Community Development Director
Attachment 1
FINDINGS FOR DENIAL OF FILE NO. PLN2019-144,196
SITE ADDRESS: 505 Sunnybrook Drive
APPLICANT: Yotam Schvartzbard/LU Construction
PROPERTY OWNER: Nbk Investment LLC
DATE: November 11, 2019
Findings for Denial of an Administrative Site and Architectural (PLN2019-144) to allow
construction of a 2-story 3,600 square-foot single-family residence and Tree Removal
Permit (PLN2019-196) to allow removal of two (2) protected Deodar Cedar trees
located in the front yard on property located at 505 Sunnybrook Drive:
The Community Development Director finds as follows with regard to File No.
PLN2019-144/196:
1. The Project Site is zoned R-1-6 (Single Family Residential) on the City of Campbell
Zoning Map.
2. The Project Site is designated Low Density Residential (less than 6 units/gr. acre) on
the City of Campbell General Plan Land Use diagram.
3. The Project Site is located on Sunnybrook Drive east of Kenneth Street, within the San
Tomas Area, subject to the San Tomas Area Neighborhood Plan.
4. The Proposed Project is an application for an Administrative Site and Architectural
Review Permit (PLN2019-144) to allow construction of a 2-story 3,600 square-foot
single-family residence and Tree Removal Permit (PLN2019-196) to allow removal of
two (2) protected Deodar Cedar trees located in the front yard
5. The Proposed Project would result in a building coverage of 32% and Floor Area Ratio
(FAR) of 0.45.
6. The proposed single-family residence would be placed within the rootzone of two
Deodar Cedar trees which would likely cause irreparable damage to the trees. As such,
the application includes an application for a Tree Removal Permit.
7. The applicant’s arborist report found that the Deodar Cedar trees are in fair condition.
8. Removal of the Deodar Cedar trees would conflict with Campbell Municipal Code
(CMC) Section 21.42.040.B.4 and Section 21.26.030.K, which encourage the retention
of mature trees where possible.
9. Since the project proposes a 45-foot rear setback, the proposed house can be shifted
backwards up to 25-feet to ensure that construction does not occur with the rootzone
and still comply with the 20-foot rear setback. As such, retention of the trees does
restrict the economic enjoyment of the property.
10. The Proposed Project also proposes a rear balcony that would present privacy impacts
to the side neighbors in a manner inconsistent with the San Tomas Area Neighborhood
Plan (STANP).
Administrative Action of the Community Development Director Page 2
PLN2019-144/196 - Admin. S/A Review Permit and Tree Removal Permit
505 Sunnybrook Dr.
11. The location of the trees within the property’s front yard would create a relatively large
open space area if they were preserved.
12. Preservation of the trees improves the property’s appearance and supports the
neighborhood character
13. The Proposed Project does not enhance the City’s character because the City is a
recognized “Tree City” by the Arbor Day Foundation, due to its efforts to preserve trees
that in turn achieve a specific environmental character.
Based upon the foregoing findings of fact, the Community Development Director further
finds and concludes that:
Administrative Site and Architectural Review Permit Findings (CMC Sec. 21.42.050)
1. The project will not be consistent with the General Plan.
2. The project will not aid in the harmonious development of the immediate area.
3. The project is not consistent with applicable adopted design guidelines.
Tree Removal Permit Findings (CMC Sec. 21.42.050)
4. The retention of the tree(s) would not restrict the economic enjoyment of the
property or creates an unusual hardship for the property owner by severely limiting
the use of the property in a manner not typically experienced by owners of similarly
zoned and situated properties, and the applicant has not demonstrated to the
satisfaction of the approval authority that there are no reasonable alternatives to
preserve the tree(s)
Environmental Findings (CMC Sec. 21.38.050):
5. The project is Statutorily Exempt under Section 15270(a) of the California
Environment Quality Act (CEQA), pertaining to projects which a public agency
rejects or disapproves.
Attachment Attachment 2
505 SUNNYBROOK DRIVEAPN#: 404 - 025 - 022VICINITY MAPSCALE: N.T.S.SITE
505 SUNNYBROOK DRIVEAPN#: 404 - 025 - 022
D-Square Studio - www.d-squarestudio.com
MATERIAL AND COLOR BOARD
505 SUNNYBROOK DRIVE
CAMPBELL, CA 95008
ROOFGAF TIMBERLINE LIFETIME ARCHITECTURAL
ROOFING SHINGLES
TIMBERLINE NATURAL SHADOW COLOR: CHARCOAL
OR EQUIVALENT
WALL MATERIAL
STUCCO ASSEMBLYDUNN-EDWARDS PAINTSWHITE DEW380
OR EQUIVALENT
WINDOWSJELDWEN
VINYL FRAMECOLOR: BLACK
FASCIA
DUNN-EDWARDS PAINTSBLACK TIE DE6357OR EQUIVALENT
GARAGE DOOR
CLOPAY WOOD CLASSIC COLLECTION
WHITE OR SIMILAR
ENTRY DOORCOLOR: BLACKWITH GLASS
Attachment 3
94 This map is based on GIS Information and reflects the most current
information at the time of this printing. The map is intended for reference
purposes only and the City and its staff is not responsible for errors.
Location Map
1,128Campbell IT, GIS Services
188
1:WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet
1880
Scale
Attachment 4