CC Resolution 8966
RESOLUTION NO.
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL UPHOLDING THE APPEAL AND OVERTURNING
THE DECISION OF THE PLANNING COMMISSION WHICH
ALLOWED THE PLACEMENT OF A LIQUID NITROGEN TANK
ON PROPERTY LOCATED AT 3175 WINCHESTER BOULEVARD
IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE
NO. M 96-02.
8966
After notification and public hearing as specified by law on the application of P-Com
and after presentation by the Community Development Director, proponents, and
opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as
follows with respect to File No. M 96-02:
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 may not be essential to the operation of
the existing research and development use of the site.
3. The proposed project will intensify the use of the site as a research and
development facility.
4. The location of the proposed liquid nitrogen tank will be highly visible to the
surrounding residential uses.
5. The proposed screening plan will not adequately obscure the view of the tank
from the adjacent residential uses.
Therefore, the City Council, hereby, also finds in conclusion that:
1. The proposed project is not consistent and compatible with the General Plan
and the City's zoning ordinance;
2. The proposed project as conditioned will change the existing use of the site
and will, therefore, be incompatible and unharmonious with existing uses in
the surrounding area.
3. The proposed project will not result in a more desirable environment and
use of land.
City Council Resolution No. 8966
M 96-02 - 3175 Winchester Boulevard - P-Com
Page 2
4. The establishment, maintenance or operation of the use applied for will be
detrimental to the health, safety, peace, morals, comfort, or general welfare of
persons residing or working in the neighborhood of such proposed use, and
will be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
PASSED AND ADOPTED this 16th day of April
call vote:
, 1996, by the following roll
ATTEST:
Councilmembers: Burr, Watson, Furtado, Conant
Councilmembers: None
Councilmembers: None
Councilmembers: Dougherty
APPROVED~1f) ~
(2&L-
Anne Bybee, City Clerk
Barbara D. Conant, Vice Mayor
AYES:
NOES:
ABSENT:
ABSTAIN: