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<br />. Maintain the landscaping. <br />. Add low-level lighting in the La Petite Academy parking lot. (Staff noted that <br />it was recently discovered that electrical power is present in the landscape <br />island within the parking lot.) <br />. Re-sign gate hours and close it on time. An electronic gate which closes <br />automatically is preferred by the neighbors. Staff noted that a new, heavier <br />gate was recently installed, but the property owner has stated it would be <br />infeasible to install an electronic gate. <br />. Noise from leaf blowers, street sweepers, etc., and noise from the Popi <br />Lounge. The property manager has requested the sweeping crew to not enter <br />this back area until 8:00 a.m.; this request has made a significant improvement <br />for the neighbors. <br />. Limit the uses to office use only to Building 5 and restrict hours of operation <br />from 6:30 a.m. to 7:30 p.m. <br />. Prohibit skateboarding through the center. <br />. Enforce the lights of the Sports Park be turned off at 10:30 p.m. <br /> <br />Staff noted there is no condition of approval in the PUD governing the hours of operation of <br />the daycare. Indirectly this could be controlled by enforcing the restriction on the entrance <br />of cars into the parking lot until 6: 30 a. m. Staff noted that the daycare has had cleaning <br />personnel on site as early as 5:00 a.m. and children arriving as early as 6:00 a.m. <br /> <br />Staff feels significant progress has been made in resolving the issues between the neighbors <br />and the shopping center, however, the allowed uses and hours of operation, hours of <br />operation of daycare, request for an electronic gate, and the question of a second wall or <br />addition of lattice panels are unresolved. <br /> <br />Regarding the issues of the parking lot lights, the gate closure, and the Popi Lounge, staff <br />feels there are conditions of approval within the PUD that would allow for resolution of these <br />issues. <br /> <br />Staff has also notified the neighbors to report future violations directly to the Code <br />Enforcement officer. <br /> <br />Possible alternatives would be to continue staff negotiations with the neighbors and the center <br />managers and/or to make further conditions to the PUD which would include restricting the <br />hours of operation and uses of Bldg. 5 (5737 Valley Avenue). In this case, the existing uses <br />would become nonconforming but would be allowed to exist, but future businesses would <br />have to comply. Or the amortization process could be used if the present uses are found to <br />be a neighborhood nuisance. Another alternative would be to require retail uses to be subject <br />to a conditional use permit process. <br /> <br />Planning Commission Minutes <br /> <br />Page 7 <br /> <br />November 8, 1995 <br />