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Mayor Chu opened the public hearing at 7:45 p.m. and called the applicant forward to present a report.
John Tze of Sand Hill Property Company presented a report summarizing the status of the project to date by saying it was the second and final phase and smallest of 3 buildings of the Best Buy/Pet Smart project replacing the Best Western and gave details on: the revised plan to relocate the drive-thru, misperceptions over the speaker system to be used at drive-thru, noise levels, usage of drive-thu, landscaping and buffer areas, and traffic flow.
Architect Kenneth Rodrigues gave a report on the changes made at the direction of the Planning Commission and results of an acoustical study performed; and, with the assistance of applicant, answered questions from Council pertaining to: traffic flow, effect of noise and bright lights from the store and cars at night on residential homes along property line, potential tenants for vacant space; and relocating drive-thru to the front of the building.
Representatives from Walgreens: Todd Horton, District Manager, and Marie Lekander-Chai, District Manager, spoke regarding the convenience a 24-hour store and drive-thru would be to the community; that their focus groups indicate customers like the idea of having a 24-hour pharmacy open in case of emergency; and reasons for choosing this location for a 24-hour drive-thru.
The applicant, architect and Walgreens representatives fielded questions from Council pertaining to: changes made by Planning Commission; relocation of 24-hour drive-thru to the front of the store or further up along the side of the building, need for drive-thru and the 2 lanes; speaker system; average use and wait-time at drive-thru; peak periods, comparisons of this store to other Walgreens and competitors in the area; pedestrian environment, trellage, landscaping and buffer areas, height of masonry wall along property line shared with residents, architecture of building, traffic flow, effects of noise and bright lights from store and cars at night on residential homes along property line, delivery hours and signage.
At 8:30 p.m., there being no more questions, Mayor Chu indicated that applicant would be able to make closing comments after other interested parties have had an opportunity to speak.
Vinod Prasad, a member of the public who lives behind the proposed Walgreens, is not opposed to having a Walgreens as he recognizes the economic benefits it brings to the community, but does oppose a 24-hour operation and drive-thru due to concerns about vehicular noise that would keep his small children awake at night and security along the masonry wall that backs his property.
Ray Strong, a member of the public, who has lived behind the Walgreens property in his two-story home for 33 years: agreed completely with his neighbor Vinod Prasad and urged Council to accept the recommendations of the Planning Commission; the 8-foot wall would not hide anything from his second story; suggested moving drive-thru to another Walgreens location that is not next to a residential area; expressed concerns about music blaring from car radios and safety issues regarding the alley between Pet Smart and Walgreens.
Dick Doane, a member of the public whose home is two doors down from Ray Strong’s, voiced his concerns about the height of the wall and emergency access for police and fire; is opposed to 24-hour pharmacy and drive-thru and suggested if drive-thru is approved it should be for a limited time and then monitored to determine its actual usage. Mayor Chu suggested he contact the architect or staff to discuss the height of the wall.
Peter Manca, a member of the public and resident near the Walgreens area, stated: his support of his neighbors and his opposition to a 24-hour operation and drive-thru due to noise and light pollution from the building, cars and people; that poorly lit and non-traffic areas will attract an unsavory element; that he has used the 24-hour Walgreens a few minutes further down and found it convenient to use late at night; and suggested that Walgreens consider having customers park in specially-marked areas at the front of the store and keep an attendant on duty that will come out to their car to pick-up and deliver prescriptions.
Barbara Johnson, a member of the public who has lived in her home located behind Walgreens property for 29 years, supports all of the concerns and opposition raised by her neighbors regarding the 24-hour operation and drive-thru of Walgreens.
Tomoko Ishii, a member of the public whose home is located just behind the parking lot between Pet Smart and Walgreens, expressed her concerns about noise and asked for a 16-foot wall and 14-foot landscape buffer between her property and the parking lot – similar to what a neighbor of hers already has in place.
Jim Belachi, a member of the public who has lived in area behind Walgreens property for 31 years, stated: he came to support his neighbors; that the buildings shown in the artist’s renderings do not accurately reflect the materials actually used – that in the case of Best Buy, instead of a smooth surface of plaster as shown in drawings, cinder blocks were used, which changed the look of the buildings; and suggested Walgreens meet with the citizens in the area.
Kathy Belachi, a member of the public, stated: she welcomes these businesses to her area, but she is also very concerned about the inaccuracy of the drawings which show a stucco façade when cinder block will actually be used; that the 24-hour operation and drive-thru is inappropriate in a residential area; that hours should be limited from 7:00 a.m. to 10:00 p.m. with no drive-thru; that she supported her neighbors concerns about noise and was also concerned about the additional exhaust and pollution coming into their area.
Art Schwartz, a member of the public whose home is located behind the Walgreens property, stated: he is opposed to drive-thru, but if a drive-thru is allowed it should be at the front of the building not to the side where the driveway faces upwards and lights from cars can shine over top of wall into their bedrooms late at night especially when they drive over speedbumps; and expressed his concerns about vehicular noise in general.
At 9:12 p.m., Mayor Chu asked if there were any other members in the audience who wished to come forward and speak.
Ray Crump, a member of the Public, stated his concerns over Walgreens operation in general and used as an example the Walgreens store located at Mary & Fremont that was inspected last Friday by Sunnyvale Fire Marshall’s and issued citations for fire safety code violations; that carts and merchandise block the emergency exits and corridors; and expressed his opinion that if Walgreens cannot learn the rules then we do not need them.
At 9:18 p.m., with no other members of the public wanting to come forward to speak, Mayor Chu called the Applicant back to make his closing remarks.
John Tze of Sand Hill Property Company returned and made his closing remarks: that he and the Walgreens District Managers were aware of the fire code violations at the Mary and Fremont store and it was a site-specific problem they were addressing; that they would work with the neighbors regarding noise, lighting and landscape buffer issues; and gave his opinion that Walgreens would have less of an impact on the neighbors than the Best Western did which was a 24-hour hotel operation that offered no landscaping buffer and allowed parking right up to the property line.
Mr. Tze, the architect and the Walgreens representatives responded to questions from Council regarding: location of drive-thru; projected usage of drive-thru at various hours of the day/night; the need for 2 lanes; peak hours; security; masonry wall; and cinder block vs. stucco façade; delivery hours; and suggestion of a 1-year use permit on the drive-thru.
There being no further public testimony, Mayor Chu closed the public hearing at 9:32 p.m.
Councilmember Miller brought to staff’s attention that Attachment C, the Environmental Checklist Form, was not signed and noted that missing from the checklist was any mention of the increased emissions from the 24-hour operation and 2-lane drive-thru traffic and encouraged staff to work with the Bay Area Quality Management District when there is an obvious element that increases pollution.
Councilmember Fowler questioned staff regarding the feasibility of a 1-year use permit on the drive-thru.
Councilmember Miller moved and Councilmember Fowler seconded to approve staff’s recommendation for Alternative 1 to approve the Planning Commission recommendation to adopt the Negative Declaration and introduce an Ordinance to Rezone 782 and 820 East El Camino Real from C-2 to C-2/ECR and approve the Special Development Permit with attached conditions including enhanced landscape buffer, removal of the drive-thru, upgrades to the architecture, modified hours of operation with the additional condition that Walgreens submit an emergency evacuation exit plan.
Mayor Chu offered two friendly amendments: 1. To restrict deliveries to the hours of 8:00 a.m. to 6:00 p.m.; and 2. To allow residents to notify the architect within a reasonable period of time at their discretion of the height of the masonry wall that separates their residences from the parcel between a minimum of 8 feet up to a maximum of 12 feet.
Councilmember Miller accepted both friendly amendments. Councilmember Fowler accepted friendly amendment 1.
After some discussion on varying heights along the wall, Councilmember Miller noted that in the Conditions of Approval, Condition 7.B requires applicant to consult with adjacent residents to provide an appropriate fence between 8 to 12 feet in height. Councilmember Fowler accepted friendly amendment 2.
Councilmember Miller urged Council to come to the same conclusion as the Planning Commission and make sure that the quality of life of the residents is protected.
Councilmember Fowler stated the Planning Commission got this right and deliberated well on the issues.
Vice Mayor Swegles stated he found that couples and seniors found it more convenient to use a drive-thru, but noise is a factor and the neighbors need Council’s support.
Mayor Chu informed Council that he initially was not in favor of having the drive-thru due to the various noise issues and then his wife brought to his attention the convenience of a drive-thru, especially if you have small children in car seats or children who are sick and should not be taken into the store. However, the mechanics of this location do not lend itself to a drive-thru and while he feels there is a need for a drive-thru pharmacy in Sunnyvale, he supports the motion.
Mayor Chu read the ordinance into the record, “An Ordinance of the City of Sunnyvale amending the Precise Zoning Plan, Zoning Districts Map to rezone certain property located at 485 E. McKinley Avenue from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District.”
Motion carried unanimously 6-0 with Councilmember Howe not participating.
RECESS CITY COUNCIL
Mayor Chu called a 5-minute recess at approximately 9:55 p.m.
Mayor Chu reconvened the meeting at 10:05 p.m.
Councilmember Howe returned for the remainder of the agenda.
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