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Planning Officer, Trudi Ryan presented the staff report. Planning Officer Ryan stated that Council can take public testimony but would not be able to impose further restrictions on the development as those opportunities have passed.
Planning Officer Ryan met with the developer who concurred with the staff report but had an exception to the size of the trees which were listed incorrectly in the report. She stated that the report should be corrected to read that the developer planted 36 and 48 inch box-size trees.
Councilmember Hamilton asked staff what recourse the City would have if the developer did not correct the height of the parking lot light poles (as identified in the staff report as being out of compliance).
Planning Officer Ryan stated the City would seek compliance in a number of different ways such as revoking use permits and legal recourses. Councilmember Hamilton asked staff if there were a timeframe when this issue would be resolved. Planning Officer Ryan indicated there is not a timeframe in place as yet since the developer stated they wanted to fully understand if there were any other concerns they would need to address.
Councilmember Howe stated that he has received numerous correspondences from the community and wished to share with members of the public that his intention is to make a motion in support of the neighborhood asking that the developer and the two businesses work to be a good neighbor. Councilmember Howe opened his intention to his colleagues to see if they had any comments.
No comments were made by Council and Mayor Swegles opened the Public Hearing at 7:23 p.m.
Barry Warmkessel gave a presentation to Council on unresolved problems that still exist at PetSmart/Bestbuy including the sidewalk, location of trash cans being too close to the residential neighborhood and the noise from the trash removal.
Noriko Ishi stated her concerns over the noise of the trash removal and location of the trash cans.
David McKinney on behalf of the owners of BP Management Company (who own several properties across the street from Best Buy/PetSmart) shared with Council the owners concerns about the Best Buy/PetSmart development.
Onelia Keeling spoke about her concerns with the Best Buy/PetSmart project over numerous issues such as the noise from the parking lot and generator, the ineffective sound wall, trees which do not block the view for the neighbors as promised and stated that they are not complying with the agreement to turn off the lights.
Keith Coblentz stated that Best Buy/PetSmart is part of a new commercial development undertaken by the same developer where final plans have not been determined. Mr. Coblentz stated his concerns about the installation of a sound wall at this new project and his concerns with the City of Sunnyvale Planning Division since the beginning of the project.
Councilmember Hamilton wished to clarify with Mr. Coblentz that the location of the sound wall in question is not behind PetSmart, but the one that is to be installed behind the former motel site. Mr. Coblentz stated that was correct.
Amber Resnick, representing the developer, stated she was at the meeting to listen to comments from the neighbors and that they will continue to act as good neighbors.
Councilmember Howe asked Ms. Resnick what the developer is doing to resolve the height of the lighting at both locations. Ms. Resnick stated that this was the first time she had heard of this issue and they will be looking at the options listed in the staff report and will address the issue.
Councilmember Howe asked staff to inform the Council on the resolution reached with respect to this particular issue.
Councilmember Hamilton asked Ms. Resnick about if the placement of the trash enclosure can be moved. Ms. Resnick stated there was no reason why they could not move the trash pad out further as originally requested in the conditions.
Councilmember Chu confirmed with Ms. Resnick that they are waiting for dry weather to do grading so that they may relocate the trash enclosure.
Councilmember Chu asked Ms. Resnick about the sidewalk on the back side of the property. Ms. Resnick stated that it was located at the back side of the property per code to be a fire exit.
Councilmember Chu asked Ms. Resnick if there was a lot line adjustment occurring on the Walgreen/PetSmart side of the property. Ms. Resnick confirmed there was a lot line adjustment.
Councilmember Chu asked Ms. Resnick if a site/sound wall is to be built behind what is to be the Crazy Buffet site. Ms. Resnick stated she was not sure if the sound wall would be required. Planning Officer Ryan stated the preliminary plans have been approved and do not require that a sound wall be installed behind Crazy Buffet. She did confirm that a sound wall is required for the new construction up through the Walgreen site, but not behind Crazy Buffet.
Vice Mayor Lee asked Ms. Resnick if her company had any resolution on how to handle the visual barrier that the neighbors have requested while they wait for the trees to mature. Ms. Resnick stated that they purchased larger plant boxes than the City requested with the intention of planting larger trees, but they take time to grow.
Vice Mayor Lee asked Ms. Resnick if there has been ongoing dialogue with the neighbors since the project was completed. Ms. Resnick stated they had numerous meetings with the neighbors discussing several items such as renderings, wall and tree types before the project was built. She stated she is the Property Manager and has not received any phone calls from the neighbors since the project has been built, but is aware that the store manager does receive complaints.
Vice Mayor Lee asked if she could continue the original open dialogue with the neighbors as a good neighbor effort. Ms. Resnick stated they have done several things based on calls from the City such as changing the schedule of the blowers, changed blowing equipment to manual on certain nights, and asked PetSmart to have their lights out by 10 p.m. with it coming back on at 4 a.m.
Vice Mayor Lee asked Ms. Resnick if she would provide a telephone number the neighbors could call to reach her, and Ms. Resnick stated she would take the calls and could be reached at (650) 344-1500 ext.109.
Councilmember Chu stated that part of the project conditions included up to a 14 ft. wall, but he is aware that only two residents requested a wall higher than a minimum of 8 feet. He asked Ms. Resnick if any residents had come back to her asking for the wall height to be increased and Ms. Resnick stated that they had not.
Raymond Strong stated that approving the Best Buy/PetSmart project was one of the worst decisions City Council made by overturning the Planning Commission’s decision. Mr. Strong asked Council to work with the neighbors to correct their issues.
Jerilyn Strong spoke about her concerns with the Best Buy/PetSmart project. She also stated that when the same developer graded the motel location they removed the tree barrier between the homes and previous motel. Ms. Strong stated that the developer promised new landscaping with the Walgreen project, but nothing has been replaced since the Walgreen project was turned down.
Councilmember Howe asked staff if Walgreen has applied for the site. Planning Officer Ryan stated that Walgreen was not the applicant, rather identified as a potential tenant. She stated that Sand Hill Properties was the applicant for this site adjacent to PetSmart.
Councilmember Chu asked staff if the trees that were removed in demolition of the motel were part of the demolition permit. Planning Officer Ryan stated she did not know the details of the demolition plan.
Kathy Blaschlee stated that the original plans for the project as issued by the Planning Department have not been adhered to citing instances such as lighting which is kept on all night, and roof top satellite dish installation She stated at the very least she would like the City to enforce the codes at this location.
Vice Mayor Lee confirmed with Ms. Blaschlee that the lights are left on all night. Ms. Blaschlee asked if there was a code that allowed lights to be turned on at 4 a.m. and Vice Mayor Lee directed the question to staff. Planning Officer Ryan stated that there was not a code requirement in terms of hours, rather two provisions exist which include that lights may not shine on to adjacent properties and a provision within the sign permit that states lights must be turned off at night. Planning Officer Ryan stated that the hours of the lighting being on and off is new information to her and she will need to investigate what corrective action staff could make regarding this issue. Vice Mayor Lee asked staff to follow up on this issue and report back to Council. Planning Officer Ryan stated that there were apparent concerns about safety for the employees in the parking lot but that was a different issue than the signs and that staff would work with the developer on a solution such as parking lot lights.
Vinod Prasad distributed documents to Council and stated his concerns with the impacts on the neighborhood from Best Buy/PetSmart as well as the removal of the Eucalyptus trees last summer by Sand Hill Properties for a possible Walgreen project.
Councilmember Moylan gave a copy Mr. Prasad’s document to staff and Councilmember Howe asked Planning Officer Ryan about the lot line adjustments on the area identified within the document. Planning Officer Ryan stated there were three lot line adjustments to be made. She confirmed that the missing trees were between PetSmart and what is currently being considered the Walgreen site. She also confirmed a lot line adjustment would be made between the Walgreen site and the Crazy Buffet.
Councilmember Howe asked if the missing tree section was currently part of the Best Buy/PetSmart location today. Planning Officer Ryan stated that was correct. Councilmember Howe stated that as part of the conditions for the Best Buy/PetSmart project the developer was required to put in irrigation plans on that parcel prior to occupancy. Planning Officer Ryan stated that the new application for the Walgreen site superseded the Best Buy/PetSmart conditions, but if Walgreen is not put in then the conditions from the original project need to be complied with within the timeframe included in the grading permit. Councilmember Howe asked if Planning Officer Ryan knew what that timeframe was and she stated that it was two years from grading permit issuance which would be December 2006.
Councilmember Howe stated that he agreed with Mr. Prasad about the conditions of the Best Buy/PetSmart project (which require the developer to install irrigation and landscaping prior to occupying the building) apply as the buildings are currently occupied and development of the Walgreen site has not occurred. He stated that the developer should be required to meet this condition and stated he believes this is a timeliness issue.
Arthur Schwartz stated he was not a neighbor but was concerned over corporate control of a commercial establishment.
Louise Miller on behalf of Josephine Gembala stated she had written to the Planning Department and John Tze of Sand Hill Properties about the concerns over the project and had not received a response but that some of the things she asked for did get done. She stated there are new issues that she has asked Sand Hill Properties for such as a request for a copy of the warranty for the trees and walls and was told by John Tze of Sand Hill Properties that he was not required to supply copies of the warranties to her or her neighbors. Ms. Miller stated that her other issue was that people who go to PetSmart with their dogs are walking on the landscape and not picking up after their dogs which is affecting the trees ability to survive. She stated that she would like to see a barrier placed around the 20 foot buffer zone of trees to protect them. She also requested assistance in receiving copies of the warranties for the wall and trees.
Mayor Swegles stated that the City Manager Amy Chan offered to put together a committee of two representatives from the neighborhood to meet with her and the representative from Sand Hill Properties. Mayor Swegles asked that the neighbors identify one or two people for representation and then contact the City Manager Chan with the names, phone numbers and addresses of those people and City Manager Chan will arrange a meeting as soon as possible.
Harriet Rowe stated that the Council needs to say no to large developments that are not willing to meet the conditions the City puts forth.
No one else wished to speak and Mayor Swegles closed the Public Hearing at
8:21 p.m.
Councilmember Howe moved and Vice Mayor Lee seconded that a letter from the Mayor be sent to the President and Chairman of the Board of Best Buy mentioning that the Council recognizes they no longer have any direct approval authority on the two lots but asking the corporation to move the signs from the parking area over to El Camino Real, asking them to review issues noting that all of them are not resolved, asking for a telephone call to the Mayor regarding the issues, and that a copy of the Council meeting tape be sent to them.
Mayor Swegles asked that the City Manager’s proposal to meet with the representative from Sand Hill Properties and the neighbors be included in the letter.
Mayor Swegles asked that the City Attorney draft the letter for the Mayor.
Vice Mayor Lee asked staff if there were a number that neighbors could call when they identify animal owners not picking up after their animals. Planning Office Ryan stated that Neighborhood Preservation and Planning Departments can work together with the property manager to follow up on the issue. Vice Mayor Lee asked that the results of the follow up be brought back to the members chosen to represent the neighbors and Council at the next Council Meeting.
Councilmember Hamilton made a friendly amendment that the letter should go to the Regional Vice President or others at an executive level instead of the Chairman and CEO who may be too far removed from the situation. She stated that she would actually like the issue of who to send the letter to be left up to staff and the Mayor.
Councilmember Hamilton made another friendly amendment to send copies of the letter to the local company representatives so they know what their supervisors were sent from the Council.
Counncilmember Howe denied Councilmember Hamilton’s friendly amendment to send the letter to the Regional Vice President or Corporate Executive.
Councilmember Howe accepted Councilmember Hamilton’s second friendly amendment to send copies of the letters to the local company representatives.
Councilmember Hamilton made a friendly amendment to send the letter all the way down the chain of command.
Councilmember Howe agreed to add to his motion that the letter from the Mayor be sent to the President and Chairman of the Board (and other management staff as determined by the Mayor).
Councilmember Spitalier stated he wished to clear up the motion by not giving false hope to the neighbors that the sign will actually be moved as Council is not able to mandate this change.
Councilmember Howe stated that the motion asks that this be done and recognizes that the corporations could give Council the same responses as given to the neighbors.
Councilmember Chu wished to clarify that the letter should go to both Best Buy and PetSmart and that a copy of the letter and tape be given to Senior Management at Sand Hill Properties.
Councilmember Howe amended his motion to include both Best Buy and PetSmart with separate letters to each company.
Vice Mayor Lee agreed with the amendment to the motion.
Mayor Swegles stated that the City Attorney, David Kahn received a letter from Senior Counsel for PetSmart who stated he would like to be included in any discussion or forums with the neighbors.
Councilmember Howe restated the motion as: a letter will be sent to the President and Chairman of the Board, local management and other management staff as determined by the Mayor of both Best Buy and PetSmart Corporations and Sand Hill Properties. The Mayor may write the letter with a member of staff that he chooses stating that he recognizes he has no direct authority, but wants the corporations to be good neighbors; to move the signs from the side to front on both properties; to review the issues noting that all of them have not been resolved; that City Manager Chan and City Attorney Kahn are meeting with the neighbors and developer; and to give a copy of the tape to both corporations.
Motion carried 7-0.
Councilmember Howe asked City Manager Chan and City Attorney Kahn to proactively work on this situation so they can potentially resolve some of these issues.
City Manager Chan stated she will report back to Council with several status reports.
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