Longs Drug Stores

August 24, 2000

General Offices: 141 North Civic Drive, P.O. Box 5222, Walnut Creek, California 94596, (925) 937-1170

Willow Glen Neighborhood Association

P.O. Box 7706

San Jose, CA 95150

RE: PROPOSED LONGS DRUG STORE

1285 LINCOLN AVENUE

SAN JOSE, CALIFORNIA

Dear Willow Glen Neighborhood Association:

This letter supercedes our previous commitment letter dated June 30, 2000. The intent of this letter is to memorialize the commitment made by Longs Drug Stores to the Willow Glen Neighborhood Association and the neighborhood in general.

1. Longs agrees to the proposal described on pages 19 and 20 of the Transportation Study For A Willow Glen Longs Drug Store as prepared by Fehr and Peers Associates, Inc. dated June 21, 2000.

2. Longs has withdrawn its application for the sales of alcoholic beverages.

3. Longs will close the western driveway on Brace Avenue.

4. Longs will operate Monday through Saturday, 8:00 a.m. to 9:00 p.m. and Sunday, 10:00 a.m. to 8:00 p.m. Employees will not loiter before or after shift hours in the parking lot.

5. Longs will work with the owner of 1275 Lincoln Avenue to add ten (10) parking spaces on their property at Longs' expense.

6. Longs will install a ten foot (10') concrete block wall between Longs and 1275 Lincoln Avenue, to screen delivery trucks, at Longs' expense.

7. Longs will work with the Willow Woods Homeowners' Association, to extend the height of the existing wall on our mutual property line by three feet (3') and install landscaping and irrigation adjacent to the wall. The design of the wall extension and landscaping shall be reviewed and approved by the Willow Woods Homeowners' Association before construction. All costs associated with the wall extension and landscaping shall be borne by Longs. The landscape architect shall meet at least once with the Homeowners' Association, early in the design process.

8. Upon the approval of a certified arborist, Longs shall relocate and reuse four (4) of the existing shade trees in the parking lot provided the total cost of relocation, including related site work, does not exceed $10,000 for all four (4) trees.

9. Longs will restrict the hours of delivery to 7:00 a.m. to 8:00 p.m., Monday through Friday.

10. Longs will restrict the hours of garbage pick-up to after 8:00 a.m.

11. Longs will restrict the hours of gardening to 8:00 a.m. to 5:00 p.m., Monday through Friday and loud equipment, such as leaf blowers or truck sweepers, will not be used until after 8:00 a.m. Leaf blowers will be certified to not exceed 60 dba.

12. Longs will post a sign adjacent to the receiving area requiring truck drivers to turn off their engines.

13. Longs will limit the hours of noise generating construction to 7:00 a.m. to 5:00 p.m., Monday through Friday. Loud equipment such as generators, Bobcats, tractors or other engines will be restricted to operation only after 8:00 a.m. Construction vehicles shall enter from Lincoln Avenue. Site materials will not be delivered prior to 8:00 a.m. Longs will identify a project manager to neighborhood representatives with the authority to correct problems during construction.

14. Longs will relocate the trash enclosure away from the condominiums.

15. Longs will install a shopping cart anti-theft system, which will prevent shopping carts from leaving Longs' property.

16. Longs' building sign facing the parking lot will be non-illuminated.

17. Longs' store manager shall be accessible to the community, and accountable for the store's operation. The store manager shall have the authority to correct problems.

18. The maximum size of Longs' store will be 11,500 square feet of ground coverage and 3,200 square feet of second floor, totaling 14,700 square feet.

19. Longs will use forty foot (40') bobtail trucks for delivery that will access and leave the site from Lincoln Avenue.

20. Longs will have a follow-up meeting with WGNA representatives to review and discuss proposed building architectural treatments and materials prior to submission to the City of San Jose for building permit.

21. Longs will hold a follow-up meeting with neighborhood residents six (6) months after the opening of the store to respond to questions and address problems related to store operations. Longs will send notices to the neighborhood by mail two (2) weeks prior to the meeting date.

22. Longs will not post oversized paper, cardboard or other material signage with large letters in its windows or on its building exterior announcing sales, products, or other events.

23. Longs will prominently post two (2) "No Skateboarding" signs in the parking lot.

24. Longs commits to enacting these actions in good faith as a new Willow Glen neighbor and agrees to have disputes over these commitments mediated by the staff of the councilperson from the Willow Glen District of the City of San Jose.

Development items involving construction are subject to the final approval of the City of San Jose. We are hopeful that the Willow Glen Neighborhood Association will agree that we are an appropriate addition to the neighborhood and support our project.

Should you have any questions or comments regarding the above, please call me at (925) 210-6794.

Yours truly

LONGS DRUG STORES CALIFORNIA, INC.

/signed/

George Ramstad

Architect

GRR/jc

cc:

Gary Veasy

Michael Raphel

Steve Chandler

Jim Famini, RM #893

Marlon Bradford, DM #804

Bob Logan

Willow Woods Homeowners' Assn.

Marlene Powell

Michele McGurk

Carol Hamilton

 

click here for sketch of proposed building

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