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onto the Railroad Square/Pleasanton Station parking lot and to empty the dumpster into PGS garbage trucks. Mr. Pereira has stated that he will allow garbage trucks to use his parking lot to empty Hap's trash dumpster. However, he has not granted an easement for it. Mr. Madden prefers that the wall be removed so that there would be no obstruction for removal of the trash dumpster, and he believes that he may have legal rights, such as a prescriptive easement, to use the Pleasanton Station/Railroad Square parking lot to get garbage service to Hap's. Again, this is a civil matter not within the City's jurisdiction to determine. Nevertheless, staff believes that Mr. Pereira needs to grant an easement to PGS to ensure that it will have access rights to enter the Pleasanton Station/Railroad Square site for the purpose of emptying Hap's dumpster. Staff notes, moreover, that the gate itself has not been approved and that the gate includes a hasp for a lock, although there is no lock on it at the present time. It is important that the gate not be locked at any time in order for it to be continuously available for emergency access and to allow PGS employees the access they will need to move the Hap's dumpster from the Hap's site to the concrete pad on the Railroad Square site. Therefore, staff has included a condition that requires the hasp to be removed and that the gate must never be locked or restricted from opening. Staff notes that Mr. Pereira had previously allowed one of the three new trash enclosure bays he constructed to be used by Hap's. However, Mr. Pereira no longer agrees to allow Hap's to use this enclosure. Figure 3 shows the rear of Hap's, a portion of the wall and gate, and a portion of the new trash enclosure constructed with the Railroad Square project. ~~ . _ .~ ts: !> 7 irw. ~ ~- -ter .. ~~ ~ .~ ~ / a J rx ! ~ Figure 3, Gate from Haps to the Trash Enclosure PUD-81-28-05M January 9, 2008 Page 7 of 11