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there were a number of outstanding issues suggesting that the time period had not run out. Staff urged the Planning Commission to act on this item. Steve Brozosky, 1700 Vineyard Avenue, noted that resolution had not been reached in attempting to work out the issues themselves. He noted that Condition 124 of the PUD stated that "the use of the joint well should not generally interfere with the Brozoskys' ability to use the well for donicstic purposes." The only definition ha was able to find of "domestic use" came from the California Water Code, stating that the water was used for human sustenance, sanitation, comfort, iriunicipal purposes, livestock watering, irrigation of Family gardens, and for ocher like purposes. IIc noted that the Vineyard District was assumed to be for coin ~r~ercial purposes (over 200 gallons annually~_ He noted that everything he did on his property was for domestic use. Mr_ Brozosky believed that the Chrismans' use of the shared well interfered with his dotrtestic use of the water, and distributed a handout of his issues and expenses associated with the well. He noted that the City Council trtinutes of June 5, 2001 , stated that the "parameters would. be developed ... when the Chrismans would cease using the well so that it would be available solely for he Brozoskys_" He noted that the language that staff proposed for the tentative map has put the entire burden on him, and that if a drought occurred, the Chrismans may get off the well if he did. He did not believe that was a fair condition, because if a drought occurred, the Chrismans had the ability to connect to City water. He noted that he had the ability to connect to City water, but if there were an emergency, he did not believe that he could receive water immediately. He estimated that it would take at least six months and $50,000 of expenses. Mr. Brozosky suggested that the Chrismans had the ability to put a well on their property, and noted that would solve the easement issues of the shared well. He noted that the average life of a well is 20 years, and that his well is 30 years old. He expected that he might see problems with this well soon, and that sediments built up over time. I-Ic was unsure how the anticipated recreational use of the Chain of Lakes would change the water sy stein. He noted that the Specific Plan addressed the requirement that well water be used for "vineyards and related agriculttu-al uses"; it did not address livestock, yards, orchards, or grazing land. He believed that the Commission had the ability to resolve the long-term problem, and to stop the problem from escalating by requiring the development to help out with the neighbor. He noted that the City had a reputation of working with neighbors to gain approval of prof ects_ Mr. Brozosky noted the staff report specified that a development can occur before Hahner connected the utilities on the loop road. He ad dsd that Condition 95 of the PUD stated, "With recordation of the final subdivision map, the project developer shall abandon all access rights to Old Vineyard Avenue." He requested that that potential conflict be reconciled. Mr. Swift advised that the condition referred to direct access from a lot to Old Vineyard Avenue; ii is typical where a public road adjoins a lot but where the City does not want access to occur. I-Ie noted that it did not apply to where the streets connected to or crossed PLANNING COMMISSION MINUTES _luly 9, 2003 Page 6