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<br />From: Steve Brozosky <br />Sent: Saturday, May 20, 2006 12:29 PM <br />To: Jerry Iserson; Donna Decker <br />Subject: Revised Comments on Water Tank / Reznick Property PDR-520/PCUP-162, & PUD-54 <br /> <br />May 20, 2006 <br /> <br />This set of comments supersedes my previous comments from the prior Planning <br />Commission Meeting. I believe some of my concerns were addressed while talking with <br />the developer. <br /> <br />I will not be attending the Planning Commission meeting but wanted to get my comments in being <br />I am at the property adjacent to these plans. <br />Below are my comments on the development plans that will be at the Planning Commission <br />hearing. Could you also distribute this to the Commissioners. <br /> <br />Issue 1 - EVA <br />PUD-54 shows a potential EVA going straight across my property as part of attachment 11. <br />Even though the staff report indicates this as "Staff-Recommended EVA Alignment", I understand <br />this alignment is no longer Staff's recommendation. I am not open to this new alignment option. <br />Besides it being significantly different then the Specific Plan, it would slice my property in two, <br />look visual unappealing to my family, be quite visible from Vineyard Avenue and Livermore, and <br />would be an attractive nuisance for people thinking this is a hiking trail. <br /> <br />The Specific Plan shows the EVA this nicking the corner of my property, while the Tentative <br />Vesting Map for Silver Oak Estates - Tract 7399 shows the EVA connecting to the Berlogar <br />property at a more Southerly connection without going through my property. If the EVA location <br />is to be changed in the Reznick development, the Vesting Tentative Map for Tract 7399 _ Silver <br />Oak Estates will need to be modified. <br /> <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 />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 />