06 ATTACHMENT 7 - Laserfiche WebLink

Nevertheless, the construction of the wall does, from a practical point of view, further complicate emergency egress from the rear/side portion of Hap's in the event of an emergency. Even though Hap's could re-build the gate leading to the Vaughn property to the west so as to meet Code egress requirements, staff believes that that means of egress is not as desirable as coming straight out from the rear of the restaurant due to the distance and lack of a direct route from Hap's rear door. Staff has concluded that the changed circumstances due to the presence of the wall results in a need to provide an additional, more direct and more obvious emergency access way from Hap's side/rear door. Staff believes that the new gate leading from the rear of Hap's to the area in front of the trash enclosure on Mr. Pereira's property should provide that additional emergency access. Currently the gate leading to the trash enclosure does not meet Code emergency egress requirements, but it could be modified to comply with the Code. In addition, an emergency access easement would have to be granted by the Pleasanton Station/Railroad Square property owners to the Hap's property owners to allow emergency access from the Hap's parcel to the Pleasanton Station and Railroad Square parcels. Staff believes that this is a reasonable solution that would provide a safe, unobstructed way for Hap's patrons to evacuate the Hap's building quickly and easily. Staff has added a condition of approval requiring Mr. Pereira to provide this easement and to modify the gate to the trash enclosure on the Railroad Square property to meet Code requirements as an emergency access gate. 2. "The wall has also functionally eliminated the only handicapped parking space servicing our property." This is technically correct, although this parking space was located on the Pleasanton Station parking lot. Apparently, Mr. Pereira had an understanding at one time with the former owner of Hap's concerning this issue, but the City is not aware of any recorded document to that effect nor did it require any such agreement. However, staff suggests that the City create a curbside disabled parking space on Neal Street in front of Hap's to replace the previous disabled parking space. 3. "... the wall] has severely limited our ability to remove garbage from the restaurant using fhe best sanitary practices." After construction of the wall, a series of discussions took place between staff and the property owners to attempt to resolve the issues. From the City's perspective, the ability of Hap's to have its garbage collected was of primary importance. As a result of these discussions, Mr. Pereira created an opening in the wall at the Hap's/Railroad Square common property line with a gate to allow Pleasanton Garbage Service (PGS) employees to wheel the Hap's dumpster PUD-81-28-05M January 9, 2008 Page 6 of 11