06 ATTACHMENT 7 - Laserfiche WebLink

DRAFT Commissioner O'Connor expressed concern regarding whether this language was appropriate as part of this application, which was between the City and Pleasanton Station. Mr. Roush noted that Commissioner O'Connor raised a good point and added that since it would be in the interest of Hap's to take care of that condition. It could be written in such a way that the easements would not have to be granted until Hap's made a change to its egress layout. Chair Blank suggested that Mr. Iserson and Mr. Roush wordsmith the changes to the language during a short recess. A recess was called at 9:00 p.m. Chair Blank reconvened the meeting at 9:10 p.m. Mr. Iserson advised that following a discussion with Mr. Hoff, they agreed to not contest both easements if staff would change the language on the emergency easement to be "egress-only," since that was the most important issue for staff, and to allow the gate to be locked from Pleasanton Station to Hap's but could be opened with panic hardware so that people may evacuate Hap's by pushing on a crash bar. In addition, the Pleasanton Garbage easement would be in place. They further requested that the City pay the cost of modifying the gate; the City Manager agreed to that request. Additional language would allow for the back area to be cleared out as an evacuation route. He noted that with those modifications, the agreement would be in place. Mr. Roush read the new draft language for Condition No. 3: "The easement shall not be recorded until the property owner of Hap's: (a) has striped or otherwise marked the area to be kept clear between the Hap's exit and the gate referencing Condition No. 2, and (b) has constructed a dumpster and trash enclosure as approved by the City." In response to an inquiry by Chair Blank regarding whether the changes were acceptable to the maker and seconder of the motion, Commissioners Pearce and Narum indicated they were. Chair Blank requested that the representatives of each side state for the record that they were in agreement to the modifications. In response to an inquiry by Commissioner Pearce regarding whether the Chief Building Official was comfortable with the changes in the emergency egress, Mr. Thomas confirmed that he was. THE PUBLIC RECORD WAS RE-OPENED. Gary Torretta, representing the Pereira Partnership, indicated the changes in the language were acceptable to them. Mike Madden indicated that a lease represented real property and that he could not state that it would be acceptable to his tenant; he could not unilaterally make that statement without opening himself to a lawsuit. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-08 Page 12 of 13