CCMIN011795 - Laserfiche WebLink

Mr. Tarver preferred to modify the condition to determine what uses could be permitted, but was opposed to "unlimited" access. He believed the driveway was never intended for use by any except City vehicles for access to the storm drain. He does not agree that this is a taking. Mr. Levine stated the tenant was required to build the road and it has been used for more than five years. By this condition, the developer cannot use the road for any purpose, not even building maintenance unless it is an emergency. Mr. Levine believed the condition is too broad and disagreed that he should have to request Council approval for use of the driveway when there is nothing in writing that says the developer cannot use it. Henry Hatton, 3963 Fairlands Drive, cited a condition in Measure X requiring the grant of a public service easement for the storm drain. He believes this clearly states the easement is only for the City and its vehicles. He urged Council to keep the condition that limits access to this area. He was not opposed to occasional use of the area by the tenants, and was willing to work with the applicant to narrowly define access, but strongly objected to using it for deliveries. Mr. Hatton indicated the applicant has already started construction and felt this implied agreement with the Council conditions. There was discussion about some noise problems that have occurred in the area. Mr. Pico suggested wording for the condition which could include "principal access by the City" with "quiet, incidental access" by tenants. The applicant was asked whether he would accept a reasonably worded condition or did he want unlimited access. Mr. Levine indicated unlimited access had never been the goal, however time is a problem and they did not want to put the item over any longer. He was willing to work with the City Attorney during a break this evening. Ms. Dennis believed that building maintenance was not a problem and stated the problem appears to be defining the area as a "service" area. Mr. Levine stated there is a landscaper who goes back there to maintain the landscaped area. He was not sure what Ms. Dennis meant by "service". He reviewed the tenant uses which are approved by the landlord and which are important to preserve. There is a noise ordinance which protects the neighbors. Ms. Michelotti believed the intention from the beginning was not to have deliveries or other activities that would create noise that would affect the neighbors. However, she did not want to unreasonably limit tenant activities. She wanted a clear understanding by all the tenants 01/17/95 -6-