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Mr. Pereira proposed the wall, which is solely on the Pleasanton Station property, as part of the building permit review process for the new Railroad Square building, and City staff signed off the plans in the spring of 2006, thus approving the wall. Soon after, the wall was built. The wall, and the process the City used to approve it, was challenged by Mr. Madden, who believed that the correct approval process was not followed by staff in allowing the wall and that the correct process would have been a PUD Modification with public notification. Staff agrees. In 2006, staff should have required a formal application with notice to the neighboring property owners. To correct this, this matter is being processed as a PUD Major Modification so that the proper public hearing process can be followed, notwithstanding the fact that the wall has been constructed. Since the current application is the result of a City error and was not submitted by Mr. Pereira (who believes that he has already obtained the necessary City approval), the City of Pleasanton is the applicant. ANALYSIS Please refer to the attached Planning Commission staff report (Attachment 7) for a detailed discussion of the project. The major issues associated with the wall involve the following: 1. The wall interferes with Hap's Restaurant's garbage pick-up which has been occurring over the years on the Pleasanton Station parking lot. Since construction of the wall, at staff's request, Mr. Pereira has installed a gate so that Pleasanton Garbage Service (PGS) trucks may roll Hap's dumpster onto Pleasanton Station's parking lot to empty Hap's Restaurant's trash container. Conditions of approval require Pleasanton Station to grant an easement to PGS for this purpose. Hap's Restaurant will be required to construct a covered trash enclosure meeting City requirements prior to recordation of this easement. 2. The Pleasanton Station owners built the wall in part to prevent Hap's Restaurant's storm water runoff from draining onto their property since Hap's Restaurant is apparently not in compliance with a 1967 plan to drain out to Neal Street. Staff will be working with Mr. Madden to correct this situation. 3. The wall changes the emergency egress situation regarding Hap's Restaurant. Before construction of the wall, Hap's Restaurant patrons could evacuate the building through the rear side door and exit the property onto the Pleasanton Station parking lot. Although there was no easement for this purpose, the ability to safely evacuate Hap's Restaurant onto the parking lot in the event of an emergency was a practical option which became constrained with construction of the wall. The conditions require that the gate in the wall be modified to meet Building and Fire Code design requirements for emergency egress. An easement will be granted by Pleasanton Station owners for this emergency egress. In the interests of compromise, the City will pay the cost of the gate modification. The City will work with Hap's Restaurant to ensure that a clear, Page 3 of 5