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was concerned about other businesses using the area and the area being used for storage. He <br />believed the batteries will emit toxic fumes into the backyards. Mr. Hatton believed that if the <br />front decorative tiles were installed properly or other precautions taken, no damage would result <br />from front deliveries. He urged Council to adopt the staff and Planning Commission <br />recommendations. <br /> <br /> James Miller, 3633 Camelot Court, also questioned potential damage to the front tiles. <br />He questioned where the empty pallets would be stored. He asked about the location of the air <br />conditioning units. Mr. Miller did not believe the soundwail was high enough because the <br />building has been altered to be a two story building constructed on a raised pad. Mr. Miller <br />believed that Mr. Thomas has gotten away with a lot and Measure X has been cut to pieces. <br /> <br /> Lois Ertel, 3959 Fairlands Drive, objected to using the easement for deliveries. She was <br />concerned about noise and cited the noise from the garbage trucks. <br /> <br />Anny Manor, 3983 Fairlands Drive, also spoke against rear deliveries. <br /> <br /> John Becker, 3677 Camelot Court, objected to operations of California Burger, stating <br />its back door is always open and the back area is used for storage including large vats of grease <br />and empty bottles. He related his experience with electric handcarts and indicated they do make <br />noise. <br /> <br /> In rebuttal, Mr. Levine stated that the neighbors will always have some noise to live <br />with, whether in a commercial area or in a residential area. This applicant has done its best to <br />remove the potential for a nuisance. It is clear the driveway has been used since it was built and <br />until now there has been no complaint. Because a road was built strong enough to carry a City <br />truck to its destination does not mean the owner of the land is not entitled to use it. If the City <br />had wanted an exclusive easement it could have done that, but did not. With regard to the <br />hours, there is already a limitation on deliveries for this project as part of Measure X. Mr. <br />Trudeau can only pinpoint the day for deliveries, not the time of delivery. In order for a few <br />neighbors not to have activity behind their homes, it appears Color Tile should design its project <br />to suit Mr. Miller or a staff member. That idea is presumptuous, as is the idea that Mr. <br />Trudeau, a professional, does not know how to lay tile. Mr. Levine indicated they are willing <br />to work with the neighbors with the assistance of staff. <br /> <br /> Ms. Dennis inquired about the location of the air conditioning unit and was told it would <br />be on the roof behind a parapet. <br /> <br />There being no further testimony, the public hearing was closed. <br /> <br /> Ms. Mohr asked about the location of the garbage dumpsters and was told they are at the <br />extreme eastern and western ends of the building and the garbage truck does not go behind the <br />building. <br /> <br />11/15/94 <br /> -7- <br /> <br /> <br />