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<br />There has been some question on whether the EVA is still required. If it is determined that it is <br />not required, the Specific Plan should be modified to remove it since it effects three properties <br />and there could be confusion in the future if it is not removed. <br /> <br />The question as to whether or not an EVA is still required has been considered for some time. <br />The condition of approval for Tract Map 7399 no. 12 states: <br /> <br />.. In the even/the City Engineer determines an EVAJi"om the end of the <br />caretaker's driveway to the Reznick (Konig) property is irifeasihle due to <br />topography, the City Engineer may delete the requirement fill' this EVA <br />easement; no deletion shal/ be made without notice to the Reznick <br />property owner and its concurrence. In the event this EVA is deleted, <br />the Berlogar properly owner shal/ negotiate in goodfilith alternative <br />EVA locations which the City Engineer may determine to be necessary <br />to aI/ow the level (~rdevelopment anticipated in the Specific Plan/or the <br />Reznick property and which can be feasibly instal/ed given the natural <br />topography and improvements contemplated in this area. " <br /> <br />Interdepartmental discussions have taken place that have determined that staff does not <br />recommend the deletion of an EVA. Staff believes that a secondary access is of utmost <br />importance to ensure that an alternate route out of the development and not be in conflict with <br />equipment that may be enroute to fight fires or provide other life safety support. Staff believes <br />the EVA is required by the Specific Plan and is a critical need for the development. As you <br />know, consideration is being given to an EVA connection to the Robert's driveway, which is <br />acceptable to the Fire Department and, at this point, appears to be acceptable to the Roberts. <br /> <br />There are too many ambiguities in this EVA; (a) whether it is required or not, (b) if money is <br />collected, how is cost determined, (c) Is the sole cost of the EVA to Reznick, (d) If the money is <br />collected, when will the determination be made if it is needed or not or could this happen 20-30 <br />years in the future, (e) If the EVA is built in the future, who builds it, (f) If the EVA is built in the <br />future and the cost is much higher, who pays the difference and how is this collected once a <br />development has been complete. Being there are many unanswered questions at this point, I <br />would recommend modifying Condition of Approval # 9 to be: <br /> <br />Recommended Condition of Approval # 9 <br /> <br />Prior to approval of the final map, the City shall determine whether an emergency <br />vehicle access (EVA) road on the Reznick property is required. Shall it not be <br />required, a Specific Plan change to remove the EVA shall take place prior to, or as <br />part of, the approval of the final map. Shall it deemed to be required,the applicant <br />shall grant to the City an easement on Lot 6 for an EVA road on the Reznick <br />property and the application shall also enter into an agreement with the City that <br />specifies the amount of funds the applicant must deposit with the City, the <br />timeframe where if no EVA is constructed the money will be returned and the EVA <br />removed (with a Specific Plan change), who will be responsible for constructing <br />the EVA, and what to do if the cost of construction is higher then the deposited <br />amount. Shall the EVA location be different then what is shown in the Vesting <br />Tentative Map of Tract 7399-Silver Oak Estates, that map shall be adjusted. <br /> <br />2 <br />