SITE PLAN
Addition of door and walkway along rear wall of PetSmart	The neighbor who raised the question and the City Council were informed that the door and walkway were needed to meet Building Code requirements for emergency exiting. The walkway and door would not be used except in emergencies
Height of masonry walls on residential property line	During the public hearing neighbors expressed different opinions on the desired height of a masonry wall. The project was approved to allow each adjacent property owner to select, up to 14 feet, their desired wall height. Of 14 neighbors, one chose 12 feet, one chose 10 feet (these two properties are adjacent to each other), and the remainder selected eight feet.   Note: Now that the walls are constructed, the developer has met his obligation. If a residential neighbor subsequently wishes to change the height of the segment of wall closest to them, they would need to coordinate with the commercial property owner on their own.
Height of parking lot light poles	The project was approved with a condition to allow 15 foot tall parking lot lights. The developer requested approval of 21 foot tall lights after the hearing and offered to install shorter poles (12 foot tall) nearest the residential area. Staff approved this change as a minor modification to the conditions of approval. Staff mistakenly approved plans indicating light poles of 12 and 21 feet, with a concrete based up to three feet tall. The poles nearest El Camino Real are in fact 21 foot light poles on 40-42 inch bases making them up to 24.5 feet tall. The remaining light poles have 32-35 inch bases with 12 foot light poles on them, making the total height up to 15 feet tall.   The poles closest to the residents comply with the original condition of 15 feet, however the poles closest to El Camino Real do not. There is an obligation of a property owner to comply with the conditions of approval, even if staff erred in issuing the permits. Three options are available to remedy this error. Comply with the original condition for all poles to be no taller than 15 feet. The front poles would be lowered (which would likely require at least one additional pole for adequate light coverage). Modify all poles to comply with the staff approved modification of 12 feet between the buildings and 21 feet near El Camino Real. This action would require at least two additional poles and possible relocation of some poles to achieve adequate coverage. Obtain Planning Commission approval of a modification to the condition on pole height allowing for taller poles in the front of the property. If this modification were not approved, then either option 1 or 2 would be needed.   Staff has contacted the developer about this situation. At the writing of this report no approach to solving the light pole height has been agreed on.
Lights on loading bay of Best Buy	During use of the loading bay a truck hit a light fixture on the wall of the bay. Because of heightened sensitivity to the neighbors, Best Buy replaced the light with a new style fixture that would shine light only downward on the loading bay. PetSmart is planning making a similar modification to their loading bay light.
Trash Enclosure location	A neighbor questioned the revised location of the trash enclosure for PetSmart that resulted from the approval of the “Walgreens” site. Staff contacted the developer who agreed to locate the enclosure no closer than the previously approved location (on the “Best Buy-PetSmart” application) of 54 feet from the property line. A temporary location of 46 feet currently exists, pending completion of the “Walgreens” site.   A grading permit was issued that covers both the Best Buy-PetSmart and “Walgreens” sites. The trash enclosure location is specified on that grading plan. An interim plan, anticipating that the “Walgreens” site would soon be under construction, was approved with the trash enclosure at 46 feet from the residential property line. The “Walgreens” portion is not complete, therefore the grading permit is not yet closed (“finaled”). The Best Buy-PetSmart portion complies with all safety requirements. Staff has informed the developer that the work must be completed (including relocation of the trash enclosure to 54 feet from the residential property line) within two years of the date of issuance of the grading permit (December 21, 2006). Staff has contacted the developer to remind him of the need to complete the original design (or a design modified by the “Walgreens” site approval). Staff is requiring a bond or other surety to guarantee the completion of that plan.
Tree sizes (raised during public hearing)	Due to resident input on the landscape buffer (which is 20 feet where a minimum of 10 feet is required by code), the conditions of approval required 24-inch and 15 gallon vs. a standard 15 gallon requirement. Based on continuing conversations with neighbors, the developer modified the landscaping plan for the buffer area to include 24- and 36-inch box sizes as well as trees that genetically will grow larger (i.e. more redwoods).

ARCHITECTURE
Concern	Actions taken
Architecture/overall orientation and design	During the study session and public hearing the Planning Commission and some neighbors expressed concern with the orientation of the buildings toward the center, preferring the main entries to face the corners of El Camino Real and recommended denial of the project. The City Council approved the design with the central orientation due to the shallow nature of the site and the reported preference of the tenants for the largest parking area to be in line with the main entries (the central area being the largest parking area).   After construction, several community members expressed concern with the large walls and the use of split block. No action was taken specific to this application as that was the approved design. Staff has noted this concern and will be using the information in preparation of the Design Guidelines called for in the update to the “Precise Plan for El Camino Real.”
Blue wedge feature on Best Buy	Concern was expressed with the height of the wedge feature, visible to residents on Chopin Drive. The developer lowered the wedge by approximately five (5) feet to reduce its visibility.     Concern was expressed by a member of the public that the wedge should be considered part of the signage, and not an architectural element. This concern can be addressed in more detail in the design guidelines being prepared in phase II of the update to the “Precise Plan for El Camino Real.”
Color of Best Buy building on rear	Residents did not like the gray color on the rear of the Best Buy. Developer painted the wall tan-beige to address the neighbors’ concerns.
Color of detailing on main entrance side of Best Buy	Residents did not like the yellow accent on the main entrance to Best Buy. Developer painted these features tan/beige to tone down the effect and address the concerns of the neighbors.
Signs on buildings (lights)	During conversations with neighbors staff learned of their concern with potential illumination of the inward facing wall signs. Staff, therefore, imposed a condition with the sign permit that the signs need to be turned off at closing. The Best Buy sign is turned off at closing. The PetSmart sign lights were in compliance, however, they are controlled at the corporate headquarters and have now defaulted to the same schedule as all the other electric facilities on the property. Staff is working with PetSmart to achieve compliance with this condition (see discussion under Operations-Parking lot lighting).

OPERATIONS
Concern	Actions taken
Delivery hours	In November 2005 a complaint was filed that an early morning delivery was made to PetSmart (prior to 7 a.m.). The PetSmart store manager has since scheduled all deliveries to be during regular business hours. (Mon-Sat 9:00 a.m.-9:00 p.m. and Sun 9:00 a.m. to 7:00 p.m). If delivery truck arrives before 7:00 a.m. the store manager makes the truck driver wait until after 7:00 a.m. to unload, and then advises them to arrive after 9:00 a.m. in the future.
Nightly removal of trash from store	PetSmart was contacted by neighbors with concerns of potential noise and odors and has deferred nightly trash removal from inside the store. This situation is causing some operational concerns for PetSmart as the employees closing the store are traditionally responsible for store trash removal, putting extra work on the employees opening the store. Employees have complained to the store management about odors from refuse left in the store all night. The refuse includes pet fur, pet waste, dead fish, etc. Trash collection for PetSmart is five (5) times per week. Trash collection for Best Buy is MWF. Pick up for both stores is typically in the morning, but that can vary based on the schedule of the collection company.   Staff has suggested to PetSmart they may wish to either remove the trash throughout the day or an hour or two before closing, or require that employees quietly take out the trash at closing.
Noise from generator/air conditioning unit	In early December 2005 an anonymous complaint was received regarding noise from a generator. Neighborhood preservation staff investigated the complaint several times but found no evidence of a generator, air conditioner or other mechanical equipment making noise on the site.
Parking lot lighting (hours lights are on)	Adjacent residents expressed concerns with the light from the parking lot lighting. Best Buy has implemented a program to turn off the wall lighting, including the sign, at closing (typically 10:00 p.m.). In addition, the parking lot lights for the Best Buy portion of the site are on a timer and turned off at 11:02 p.m.   The PetSmart site is controlled from a central corporate facility in Phoenix, Arizona. The interior and exterior lights and equipment are on the same schedule, by default. Appliances inside the building remain on to assure adequate lighting, ventilation, humidity, etc. for store animals. Because the entire site defaults to one schedule, parking lot lighting is “on” unless the site is manually reset. The local store manager is willing to work with the corporate office to modify the default setting for the property so that exterior lighting can be turned off independently of the interior lighting if the City can provide a written request for that control. Staff has prepared this request and including reminding PetSmart of the requirement to turn off the lights in the wall sign at closing.   Although PetSmart hours for patrons are 9:00 a.m – 9:00 p.m. (closing is 7:00 p.m. on Sunday), employees arrive as early as 4:00 a.m. and leave as late as 2:00 a.m. Parking lot lighting for safety of these employees is a concern for PetSmart.
Parking lot sweeping (hours of operation)	A complaint was received that parking lot maintenance work was being conducted during nighttime hours (10:00 pm-7:00 a.m.). Parking lot maintenance is desired when businesses are not open to allow the most efficient and thorough cleaning.  The property owners and property manager coordinate site maintenance for both properties. They were contacted and maintenance now includes: M/Th/Sa 9:30 p.m. and W/F 7:00 a.m. parking lot sweeping/vacuum truck (20 minutes); Sunday midnight broom only sweeping.

Good Neighbor Actions

Staff has been in conversation with the store managers of PetSmart and Best Buy on several occasions to discuss and address concerns raised by the neighbors. In addition, neighbors have contacted store management directly with their concerns. Staff informed the store managers of this January 31, 2006 City Council meeting. The store managers have informed staff they want to establish good public relations with their neighbors and hope that the store actions are improving the situation with the residents. Store managers have indicated to staff that they are available to talk to residents directly and hope the residents call them with their concerns. Both store managers said that they have a long term lease and hope to be at this location for a long time.

Lessons Learned

This project highlights many of the inherent difficulties when residential and commercial properties abut. It is particularly difficult when residents experience a change in their surroundings. Many City regulations are geared toward minimizing conflicts between these two uses. Once the operational standards were clarified to Best Buy and PetSmart, they either met or exceeded those standards. However, the process for project review and the development standards would benefit from some changes to minimize future problems.

Process:

• Although staff attended some of the community meetings, the staff role was more of an observer. Staff did not take an active role in assuring that the neighbors fully understood the plans being presented to them. In general staff attempts to look out for the interests of the neighbors; in this case staff believes that the neighbors were surprised at a number of the features of the project because they were not adequately understood.
• Residents reviewed the architectural plans supplied by the developer, including site plans and building elevations. It is possible that perspective drawings, as seen from neighborhood vantage points, could have better illustrated the effect of the buildings. In particular, the height of the blue wedge may have been better understood with this information. This type of requirement can be addressed in the next phase of the update to the “Precise Plan for El Camino Real.”
• Although staff requested meetings with the potential tenants about their needs (particularly the orientation of the buildings and the signage), the developer indicated they were not available. In the future, staff believes it should be a requirement to discuss site plan and architecture directly with a tenant if the buildings are being constructed to their needs.

Architecture/Site:

• Building detailing, materials and colors were areas of concern to residents. This type of requirement can be addressed in the next phase of the update to the “Precise Plan for El Camino Real.”
• Detailed requirements for lighting (pole heights, lighting levels) should be addressed in the update to the “Precise Plan for El Camino Real.”
• Allowing residents to select differing wall heights provides differing levels of protection, and does not always address the residents’ concerns. A uniform height provides similar levels of protection and may be more desirable aesthetically. If differing wall heights are permitted, residents should be advised of the level of protection they will or will not receive if their neighbors choose a different height wall.

Operations:

• Some of the issues are with operational standards contained in the zoning code, some of which were not clear to the store manager/property owners. It would benefit the businesses and store managers to have these operational standards early when they are setting up their operations.

FISCAL IMPACT

This is a status report of the project; there is no action and no fiscal impact.

Conclusion

Neighborhood Preservation staff has investigated all complaints they received including parking lot sweeping hours, delivery hours, hours that lighting is on and a noisy generator. Corrections were made by Best Buy and PetSmart to the hours for sweeping, and deliveries. Best Buy is in compliance with the sign lighting requirements; staff is working with PetSmart on their sign lighting issue. No evidence of violation was found for the generator.

Planning and Economic Development staff worked with the neighbors and developer to address neighbor concerns on paint color, height of blue wedge and size and species of trees.

Staff is working with the developer to resolve the issue of the pole heights. Compliance with the condition of approval for a modification to the conditions is required. Staff will monitor the PetSmart trash enclosure temporary location and seek compliance with the agreed on location.

As part of the update to the Precise Plan, staff will examine site and architectural standards for retail development on El Camino Real. Further, the study of El Camino Real will include a “review of the development impacts between El Camino Real and adjacent residential sites.” This review will likely result in modifications to processing requirements and could result in changes to development standards. The community will be invited to participate in the update of the Precise Plan.

Staff followed enhanced practices for public information by encouraging developer meetings with the community and attending those meetings; however, residents may not have fully understood all of the application information presented to them. The developer and store managers have responded to the complaints and concerns regarding this development. There are lessons to be learned on how to process and review similar types of applications in the future.

PUBLIC CONTACT

City Council requested this item be placed on the Council agenda. Notices of the City Council meeting were sent to residents and property owners who received original notices of the applications as well as residents who have spoken on this project. Staff contacted the store managers for Best Buy and PetSmart, the property owners and the developer advising them of the Council meeting on this issue.

RECOMMENDATION

This is an information report that does not require any action of City Council. No staff recommendation is needed.

City staff is following up on the height of the light poles, compliance with the lighting for the PetSmart sign and ultimate location of the PetSmart trash enclosure. Council is precluded by law from imposing additional requirements on any of the subject properties. Council direction on how to address similar situations in the future may best be accomplished through the update to the Precise Plan for El Camino Real.

Reviewed by:
Robert Paternoster, Director, Community Development

Prepared by: Trudi Ryan, Planning Officer

Approved by:
Amy Chan

City Manager