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Exhibit 1 to this appeal and made a part hereof by reference as if set forth fully <br />herein. <br />Heron Bay would similarly submit a supplemental Crime Analysis for the time <br />period May 9,2011 -May 8, 2014, which document was also submitted to the <br />Planning Commission for their consideration. A true copy of that document is <br />marked as Exhibit 2 to this appeal and made a part hereon by reference as if set <br />forth fully herein. <br />II. The General Plan Does Not Provide Sufficient Legal Basis for a Denial of the Permit. <br />The single legal ground on which the City Staff may rely in recommending a denial of <br />the access gates is found in the General Plan. Chapter 3.2 of the General Plan, Section <br />2.10 entitled "Gated Communities" is relied upon and cited by City Staff. That section <br />reads as follows: "Unless overriding public safety considerations exist, discourage the <br />development of "gated" communities or the gating of already developed neighborhoods <br />or subdivisions." Heron Bay has no argument with the overriding concern of the City <br />Planners to eliminate the look of gated communities. There are no reasons or objective <br />standards stated for this policy but it must be concluded that the reasons are primarily <br />aesthetic and represent a desire for free-flowing neighborhoods. Staff and more than one <br />Planning Commissioner stated that the City wanted to insure that persons could flow <br />from neighborhood to neighborhood within the City thereby increasing the fellowship <br />and community that might result from such flow. <br />The problem is that Heron Bay is uniquely located geographically so as to make such a <br />consideration meaningless. Heron Bay is almost completely self-contained. It sits at the <br />end of Lewelling Boulevard and is generally bordered on three sides by the bay marshes, <br />the bay and San Leandro Creek. There are no abutting neighborhoods that would have <br />free flow into Heron Bay and the streets and sidewalks within Heron Bay are private in <br />any event. Any concern that the proposed gates would prevent this community <br />consideration must be without merit because there is no chance whatsoever that members <br />of adjoining communities, of which there are none in the area with any type of reasonable <br />access, would flow into Heron Bay and vice versa. <br />There can be no aesthetic basis for the denial of the permit. As stated in the <br />memorandum of Mr. Tepper, Exhibit 1 to this appeal, the gate system proposed will be <br />extremely attractive and will enhance the look of the entrance to the Heron Bay property. <br />There are three gates proposed. One on Anchorage Drive that will not be visible to any <br />member of the public unless that person drives down Lewelling to the entry circle. As <br />members of the public are not allowed to park at the circle and are not allowed to enter <br />the private streets of Heron Bay for parking, they would have no legitimate reason to <br />make such a trip. All cars within the Heron Bay complex that do not have resident or <br />guest stickers are towed. Therefore, the presence of the proposed Anchorage gate should <br />have no negative effect on the subjective reasons presumably supporting Section 2.10. <br />Similarly the gate that is proposed to border the existing private park to the north of the <br />circle would not be visible to any member of the public who are not residents of Heron <br />