CCMIN111594 - Laserfiche WebLink

Ms. Mohr asked about the number of loads, the hours and the number of customers in a store. She expressed concern about the footing on the tiles in wet weather. Mr. Trudeau indicated there could be up to three pallets per delivery. He reviewed the hours of the store and the times of deliveries. The potential is for more than fifteen customers per day. Mr. Trudeau indicated a nonskid surface could be applied to the tiles to prevent slipping in wet weather. Mr. Levine pointed out that the rear fence is actually an eight foot soundwall as required by Measure X to mitigate noise. He did not agree with the implication that there is no right to use the back driveway. There was no request or condition that this was an exclusive easement. It has been used be tenants regularly since construction. He further stated his belief that if the use were denied, it could be considered a taking. The applicant is willing to work with staff to draft a condition requiring Color Tile to specify a day for deliveries. He believed the impact of deliveries on the neighbors would be de minimis. Ms. Dennis asked if Mr. Levine and Mr. Trudeau had met with the neighbors. Mr. Levine indicated Mr. Thomas had spoken to neighbors and had obtained signatures of those who did not object. Subsequently, neighbors who strongly objected to this application went to the same neighbors to have them sign something that said they did object. Mr. Levine suggested a meeting with the neighbors if a staff member or Councilmember could moderate a meeting. He was prepared to demonstrate the handtruck to show how little noise it will make. Mr. Pico requested a response to the allegation of inverse condemnation. Mr. Roush indicated there was a difference of opinion on that issue. Staff does not believe there is a right to use the driveway under Measure X. The easement is solely for access to the manhole. Allowance of deliveries to the rear would require a PUD modification. Mr. Swift stated the doors have always been for emergency exit purposes. Henry Hatton, 3963 Fairlands Drive, indicated he was pleased that Color Tile was coming to the City of Pleasanton. However, he strongly objected to use of the easement for rear deliveries. He also reviewed a history of Measure X and pointed out the violations including overheight of the building. He reviewed the litigation surrounding the project. He believed it would compound the injustice to the neighbors by allowing use of the easement for deliveries. Ms. Scribner left the meeting at 8:07 p.m. Mr. Hatton believed the electric cart would make noise because the surface of the easement is not smooth and level and will be further damaged by the weight of the pallets. He further stated the pallets will rattle and any noise will be exacerbated by the enclosed area. He 11/15/94 -6-