Decision Letter - PC (2019-11-27
CITY OF CAMPBELL
Community Development Department
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL planning@campbellca.gov
November 27, 2019
Yotam Schvartzbard Nbk Investment, LLC
LU Construction 340 Maplewood Ave
1101 S. Winchester Blvd. San Jose, CA 95117
San Jose, CA 95128
Re: 505 Sunnybrook Dr – Denying Appeal and Upholding the Administrative Denial of Site and
Architectural Review Permit (PLN2019-144 and Tree Removal Permit (PLN2019-196)
Dear Applicant:
Please be advised that at its meeting of November 26, 2019, the Planning Commission adopted
Resolution No. 4551 denying an Appeal of the Community Development Director’s denial of a
Site and Architectural Review Permit (PLN2019-144) and Tree Removal Permit (PLN2019-196)
to allow the construction of a two-story residence with a Tree Removal Permit to allow the removal
of two protected Deodar Cedar trees (PLN2019-196) located on the above-referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by close
of business on Friday, December 6, 2019. The time within which judicial review of this action
must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless
another statute (such as California Government Code Section 65009 or some other applicable
provision) sets forth a more specific time period.
Conditions of approval of this project may require fees(s), dedication(s), reservation(s) or other
exaction(s). These copies of the approved Resolutions and/or Ordinances that set forth the
conditions that describe these fee(s), dedication(s), reservation(s), and other exaction(s) have
been attached for your reference. The 90-day period in which you may protest the approval of
fee(s), dedication(s), reservation(s), or other exaction(s) has begun.
If you have any questions, do not hesitate to contact me at (408) 866-2140.
We invite you to take a moment to complete our on-line customer satisfaction survey that can be
found at https://www.surveymonkey.com/r/VHPBBF8. Your impressions of your experience
working with us will help us to improve our permit process. The feedback provided is completely
confidential.
Sincerely,
Daniel Fama
Senior Planner
RESOLUTION NO. 4551
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
COMMUNITY DEVELOPMENT DIRECTOR’S DENIAL OF AN
ADMINISTRATIVE SITE AND ARCHITECTURAL REVIEW PERMIT
(PLN2019-144) AND A TREE REMOVAL PERMIT (PLN2019-196) TO
ALLOW CONSTRUCTION OF A 2-STORY 3,600 SQUARE-FOOT
SINGLE-FAMILY RESIDENCE AND REMOVAL OF TWO (2)
PROTECTED DEODAR CEDAR TREES LOCATED IN THE FRONT
YARD, ON PROPERTY LOCATED AT 505 SUNNYBROOK DRIVE IN
THE R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
FILE NO.: PLN2019-144/196
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file numbers 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 good
condition with fair structure.
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.
Planning Commission Resolution No. 4551 Page 2 of 3
PLN2019-144/196 ~ 505 Sunnybrook Drive – Appeal
9. General Plan Strategy LUT-17.1b also encourages preservation of existing trees:
Strategy LUT-17.1b: Landscaping: Ensure that new developments provide new tree planting,
shrubs, greenery and other landscaping materials, and preserve existing
trees and shrubs.
10. 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.
11. 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).
12. The rear balcony would connect to a second-story family room, which is a common
space in a household that would likely result in more use of the balcony, which
could heighted privacy impacts in a manner inconsistent with the STANP.
13. The location of the trees within the property’s front yard would create a relatively
large open space area if they were preserved.
14. Preservation of the trees improves the property’s appearance and supports the
neighborhood character
15. 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 Planning Commission 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)
Planning Commission Resolution No. 4551 Page 3 of 3
PLN2019-144/196 ~ 505 Sunnybrook Drive – Appeal
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.
THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and
upholds the Community Development Director’s denial of an Administrative Site and
Architectural Review Permit (PLN2019-144) and Tree Removal Permit (PLN2019-196)
and directs the applicant to submit a new Administrative Site and Architectural Review
Permit application with a revised design that preserves the Cedar trees and insets the
rear balcony, on property located at 505 Sunnybrook Drive.
PASSED AND ADOPTED this 26th day of November, 2019, by the following roll call
vote:
AYES: Commissioners: Hines, Krey, Rivlin, Buchbinder, Colvill
NOES: Commissioners: None
ABSENT: Commissioners: Ostrowski
ABSTAIN: Commissioners: None
APPROVED:
Andrew Rivlin, Chair
ATTEST:
Paul Kermoyan, Secretary