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Chair Blank suggested the following language: "The design of the gate and the layout of <br />the egress area shall be submitted for review and approval by the Chief Building Official <br />and the Fire Marshal." <br />Commissioner O'Connor expressed concern regarding whether this language was <br />appropriate as part of this application, which was between the City and Pleasanton <br />Station. Mr. Roush noted that Commissioner O'Connor raised a good point and added <br />that since it would be in the interest of Hap's to take care of that condition. It could be <br />written in such a way that the easements would not have to be granted until Hap's made a <br />change to its egress layout. <br />Chair Blank suggested that Mr. Iserson and Mr. Roush wordsmith the changes to the <br />language during a short recess. <br />A recess was called at 9:00 p.m. <br />Chair Blank reconvened the meeting at 9:10 p.m. <br />Mr. Iserson advised that following a discussion with Mr. Hoff, they agreed to not contest <br />both easements if staff would change the language on the emergency easement to be <br />"egress-only," since that was the most important issue for staff, and to allow the gate to <br />be locked from Pleasanton Station to Hap's but could be opened with panic hardware so <br />that people may evacuate Hap's by pushing on a crash bar. In addition, the Pleasanton <br />Garbage easement would be in place. They further requested that the City pay the cost of <br />modifying the gate; the City Manager agreed to that request. Additional language would <br />allow for the back area to be cleared out as an evacuation route. He noted that with those <br />modifications, the agreement would be in place. <br />Mr. Roush read the new draft language for Condition No. 3: "The easement shall <br />not be recorded until the property owner of Hap's: (a) has striped or otherwise <br />marked the area to be kept clear between the Hap's exit and the gate referencing <br />Condition No. 2, and (b) has constructed a dumpster and trash enclosure as <br />approved by the City." <br />In response to an inquiry by Chair Blank regarding whether the changes were acceptable <br />to the maker and seconder of the motion, Commissioners Pearce and Narum indicated <br />they were. <br />Chair Blank requested that the representatives of each side state for the record that they <br />were in agreement to the modifications. <br />In response to an inquiry by Commissioner Pearce regarding whether the Chief Building <br />Official was comfortable with the changes in the emergency egress, Mr. Thomas <br />confirmed that he was. <br />THE PUBLIC HEARING WAS RE-OPENED. <br />PLANNING COMMISSION MINUTES, February 13, 2008 Page 15 of 42 <br />