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U-1977-04b 4-U-77 RESOLUTION NO. 1709 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW CONSTRUCTION OF A CHEMICAL STORAGE TANK FACILITY ADJACENT TO WESTFIELD BUILDING NO. 3. APPLICANT: The Westfield Company ADDRESS: 990 E. Argues, Sunnyvale, California, Suite 104 LOCATION: 10501 Tantau Avenue SUBMITTED: May 20, 1977 FINDINGS AND SUBCONCLUSIONS: Approval is recommended subject to the findings as set forth on Page 1 and subconclusions as set forth in the minutes of the Planning Commission meeting of July 11, 1977. CONDITIONS: 1-14. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions enumerated herein shall apply. 15. That the approval is based on Exhibits A, B, and C of Application 4-U-77, as may be modified by additional conditions contained herein. ® 16. Prior to issuance of a building permit for relocation and/or construc- tion of the subject tank farm facility, the applicant shall submit a certified acoustical analysis of the subject site and of the existing single-family neighborhood east of the subject site, the purpose of which will be to detail the existing acoustical environment on a 24-hour sample basis, to describe the effects of the proposed tank farm equip- ment on that existing acoustical environment, and implement means by which equipment related noise impacts emanating from the proposed tank farm can be controlled in a manner permitting no increase in the exist- ing noise environment in the rear yards of the above-mentioned adjoining residential neighborhood. 17. The Architectural and Site Approval Committee shall examine the visual impact of the tank farm facility on surrounding public view corridors, particularly from the adjoining residential neighborhood east of the subject development. Fencing, peripheral landscaping, adjustment in grade relationships or other techniques shall be examined for effective- ness and feasibility in promoting minimal public visibility of the tank farm facility. 18. Equipment peLmitted in the tank farm enclosure shall be as described on Exhibit B of this application and in the May 25, 1977 letter from Real Property Associates. Modification or addition of tanks, pumps, or related equip- ment shall be reviewed in advance of such modification or addition by City staff who may, at its option, refer said addition or modification to the Planning Commission consistent with the intent of Condition No. 21 ® of Application 20-U-73. -2- 4-U-77 Resolution No. 1709 (continued) 19. Truck movement and delivery activities shall be regulated in accordance with Section 10.45 of the Cupertino Municipal Code. 20. Consistent with Section 2 of the inter-city agreement between Cupertino and Santa Clara dated March 4, 1963, no portion of the tank farm approved under this application shall extend above the highest portion of the existing roof line of Building 3 of the subject Westfield develop- ment. PASSED AND ADOPTED this llt'h day of July, 1977, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Blaine, Gatto, Markkula, Chairman Koenitzer NAYS: None ABSTAIN: None ABSENT: None APPROVED: R. D. Koenitze Chairman Planning Commission ATTEST: Robert Cowan Assistant Planning Director • -3-