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• The points connecting the developments are beneficial for existing residents as well in that emergencies can happen anywhere, not necessarily just on the Oak Grove site, and that the proposed development provides additional opportunities for "flight" from existing neighborhoods. • City staff could recommend to limit the use to only access into the site, however, in the time of crisis, this proposal is very limiting to City emergency service personnel who will be responding to any of the developments. • The City could provide indemnification in the event that accidents happen during an emergency. • That the City will accommodate the actual location of the access related to the Robert's homesite proposal, provided that the fire department's concerns are met. Although staff met with representatives of the Grey Eagle Estates community and outlined these proposals, there has been no acknowledgement from the residents within the Grey Eagle Estates development that they agree; staff believes they continue to object to the use and improvement of the existing easement location at the north for the benefit of the project. Access from the Grey Eagle Estates subdivision to the project site exists because: The Pleasanton City Council conditionally approved the PUD plan for the Grey Eagle Estates project in 1983 (PUD 82-10; Ordinance 1077). In part, those conditions required the developer of Tract 5189 to dedicate to the City for emergency access and utility purposes a 20-foot-wide easement to connect the Grey Eagle Court cul-de-sac to the southeast corner of Tract 5189, which borders the Lin property. Consistent with that condition, the owner's certificate of the final map of Tract 5189 dedicates to the City a 20-foot-wide access easement and on the subdivision map itself, the property owner dedicates to the City a 20- foot-wide public access and public service easement on Lot 10 between the Grey Eagle Court cul-de-sac and the Lin property. Moreover, in 1987, the City was granted through the recordation of the CC&R's, an irrevocable right of entry into the Grey Eagle Estates subdivision for public safety and municipal purposes including, without limitation, access by emergency vehicles. In 2005 the City entered into an agreement with Mr. Roberts that would allow a portion of this easement to be relocated in order to accommodate a driveway to a new house on Lot 10 assuming there was a location of the easement acceptable to the City. Therefore, there exists an easement within the Grey Eagle Estates subdivision for public safety purposes, including access by emergency vehicles, that connects to the project site. A portion of that easement south and west of Grey Eagle Court cul-de-sac has already been improved. If the City wished, it could improve the remainder of the easement should the need exist, even without the project. PUD-33 Page 42 of 59 June 13, 2007