06 ATTACHMENT 7 - Laserfiche WebLink

DRAFT and that because this was such an old approval that went back to 1967, the City had not previously been aware of any noncompliance with respect to the normal storm runoff plan. With respect to the other complaints regarding oil and grease spills, the City's source control inspectors had visited several times and followed up on those issues. The City was currently working with the owners of the Hap's property to achieve compliance on the required issues, such as installing a covered trash enclosure. Since a complaint was filed about the drainage situation, the City has begun to work with the Hap's owners to correct that situation. In response to an inquiry by Commissioner Fox regarding the location of the kitchen and whether it would be the most likely source of a fire, Mr. Iserson replied that he did not know the exact location of the kitchen and did not have the same statistics as the Fire Department but that fires in restaurants typically occurred in the kitchen. In response to an inquiry by Chair Blank regarding whether there was a hole in the wall before the gate had been installed, Mr. Iserson replied that it had been solid wall and that the wall had later been built around the dumpster. Chair Blank inquired whether he would theoretically be able to build a wall across his neighbor's driveway. Mr. Iserson replied that would be a different situation but agreed that it would not be appropriate. Chair Blank inquired whether the fire truck would be prevented from driving through the parking lot because there were no emergency access easements. Mr. Iserson replied that the fire truck would access the building from the best, most direct, and quickest direction. He added that the easement was in place to ensure that the gate was appropriate for a safe evacuation for the people inside the building and for them to be allowed to go onto the neighboring property once they exit. In response to an inquiry by Chair Blank regarding whether emergency access would be unobstructed, Mr. Thomas confirmed that would be the case. Chair Blank put forth a scenario where people inside Hap's would exit through the double glass doors and inquired whether the presence of the rolling dumpster in front of the gate would be considered an obstruction. Mr. Thomas replied that the rolling dumpsters could be considered an obstruction and that it was very important for the applicants to keep the rolling trash bins in an area outside of the exit pathway. THE PUBLIC HEARING WAS OPENED. Mitch Pereira distributed a 2005 photo, taken before the wall was built, that depicted the reason why the wall was requested. He noted that City staff had suggested that the wall be built after he had discussed the issues that he faced. He stated that staff informed him that he did not need a permit because he had a right to fence his property. He decided to submit a plan to the Planning Department, which held onto the plan for approximately one week; the plan was signed off by Mr. Marion Pavan, and the wall was built. He believed he had to protect the integrity of his building from the wastewater and added that he must keep the area used by his tenants free and DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-08 Page 5 of 13