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PC Res 3035RESOLUTION NO. 3035 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A MODIFICATION TO A PREVIOUSLY-APPROVED PLANNED DEVELOPMENT PERMIT TO ALLOW THE INSTALLATION OF A 10-FOOT HIGH LIQUID NITROGEN TANK AT THE REAR OF THE BUILDING ON PROPERTY LOCATED AT 3175 S. WINCHESTER BOULEVARD IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. THE PLANNING COMMISSION'S RECOMMENDATION IS CONTINGENT UPON THE APPLICANT'S COMMITMENT TO PROVIDE A PLAN, PRIOR TO THE CITY COUNCIL APPROVAL, DETAILING HOW AND WHEN THE PARKING AREA WILL BE CLEARED OF ANY STORED MATERIALS AND STORAGE CONTAINERS. APPLICATION OF P-COM. M 96-09. At, er notification and public heating, as specified by law, and at, er presentation by the Community Development Director, proponents and opponents, the heating was closed. At, er due consideration of all evidence presented, the Planning Commission did find as follows with respect to application M 96-09: 1. The proposed project is located in a commercial General Plan land use area and a Planned Development (PD) zoning district for which approval was granted as a research and development building. 2. The proposed liquid nitrogen tank is essential to the operation of the existing research and development use of the site. 3. The proposed project will not intensLfy the use of the site as a research and development facility. 4. The proposed liquid nitrogen tank and chain link fence with slats will be painted to match the color of the existing building to support architectural compatibility to the building. 5. The proposed project will be required to comply with all requirements established by the Building Division and the Central Fire District to ensure safe construction and maintenance of the liquid nitrogen tank. Planning Commission Resolution No. 3035 M 96-09 - 3175 S. Winchester Boulevard - P-Com Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project is consistent and compatible with the General Plan and the City's zoning ordinance; The proposed project as conditioned will not change the existing use of the site and will, therefore, be compatible and harmonious with existing uses in the surrounding area. 3. The proposed project will result in a more desirable environment and use of land. The establi,qhment, maintenance or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Further, the applicants are notified as part of this application that they are required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California which pertain to this application and are not herein specified. And, that this approval is granted subject to the following Conditions of Approval. Approved Project: Approval is granted for a Modification to a Planned Development Permit in conjunction with a previously approved Zone Change (ZC 84-02) to allow the installation of a liquid nitrogen tank 10 feet in height and 27 1/2 feet in length at the rear of an existing building located at 3175 S. Winchester Blvd. Project approval shall substantially comply with project plans prepared by HPC Architecture, Inc. dated as revised on May 30, 1996 and elevation plans submitted by P-Corn as submitted on July 9, 1996, except as modified by the Conditions of Approval herein. Permits: Applicant shall obtain any permits deemed necessary by the Building Official or the Uniform Building Code. Planning Commission Resolution No. 3035 M 96-09 - 3175 S. Winchester Boulevard - P-Com Page 3 Approval Expiration: This approval (M 96-09) or this project is valid for a period of one year bom the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Modification shall be void. Central Fire Department Requirements: a. Submit separate installation plans to obtain a fire code permit for the cryogenic tank installation. Plans shah include tank/piping layout drawings (with respect to property lines, buildings and access ways, tank specifications, piping material specifications and safety controls). Cryogenic tank installation plans shall demonstrate conformance to Article 75 of the California Fire Code (CFC), as adopted by the City of Campbell. Landscaping: The applicant shall submit a revised landscape plan to be reviewed and approved by the Community Development Director incorporating the following modifications prior to issuance of a Building Permit: The applicant shall plant fast-growing evergreen vines around the north, south and west sides of the chain link fence. In addition, concrete planters with drip irrigation shall be installed on the west side of the chain link fence facing the parking lot. bo The applicant shall plant two (2) Redwood trees at the northwest comer of the property to provide additional screening for the adjacent residential neighborhood. Elimination of Parking Space: The single parking space north of the chain link fence shall be eliminated. Chain Link Fence: The chain link fence with vinyl slats shall be painted to match the existing building. In addition, the chain link fence shall be extended to encompass the proposed single parking space to the north and the 2 foot gap east of the fence adjacent to the landscaped planter curb. Planning Commission Resolution No. 3035 M 96-09 - 3175 S. Winchester Boulevard - P-Com Page 4 o Noise level: Regardless of decibel level, no noise generated t~om the liquid nitrogen tank and associated pumps shall unreasonably offend the senses or obstruct the t~ee use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of such adjoining properties. Should the liquid nitrogen tank and its associated pumps be found to create such disturbance to neighboring properties, the applicant shall test its equipment and prepare a noise evaluation study to determine if the equipment produces noise which exceeds the ambient noise level of the site. If the noise is determined to exceed ambient noise levels, the applicant shall be required to provide mitigation measures for review and approval by the Community Development Director. 9. OutdOor Storage: Outdoor storage is not permitted. Any outdoor storage, including any storage containers, shall be removed prior to issuance of building permits. PASSED AND ADOPTED this 23rd day of July, 1996, by the following roll call vote: AYES: Commissioners: Alne, Gibbons, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: Commissioners: Jones ABSENT: Commissioners: None ABSTAIN: Commissioners: None D APPROVE Steve'~iasecki, Secretary