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Q0 <br />lia <br />Memo to; Tom Liao, Secretary to the Planning Commission, City of San Leandro <br />Cc: Elmer Penaranda, Senior Planner <br />Re: Heron Bay HOA Application File # PLN2014-00007 <br />From: Jeff Tepper, on behalf of Heron Bay HOA <br />Date of hearing: June 19, 2014 <br />Confirming our previous conversation, I represent the Heron Bay HOA in the matter of their <br />application for permission to erect a controlled access gate system at the entrance to the <br />community. Please distribute this memo to all members of the Planning Commission for their <br />review and consideration prior to the scheduled hearing. <br />The issues before the Planning Commission can be summarized as: <br />➢ Bay Trail Access <br />➢ City Policy Regarding Gates and Exceptions to that Policy <br />➢ Design of Proposed Gate System <br />➢ Operation of Proposed Gate System <br />Heron Bay HOA is a self governed community consisting of 629 homes, common areas, <br />sidewalks, and roadways, all of which are on private property. In response to increased criminal <br />activity in the neighborhood over the past year and a demonstrated escalation in violent <br />criminal acts by criminals from outside the neighborhood, the overwhelming majority of the <br />residents of Heron Bay HOA have committed to assess themselves for the cost of design and <br />installation of a controlled access system limiting access to people, including members of the <br />public, who have legitimate and lawful reasons for being on the property. The HOA is not <br />seeking any public funding for the construction or operation of this project. <br />Bay Trail Access <br />The public access along Bayfront Drive is currently open to the public 24 hours per day, 7 days <br />per week and has been since the inception of the Heron Bay HOA. The HOA welcomes members <br />of the public wishing to access the Bay Trail at the end of Bayfront Drive for recreational <br />purposes and plans to continue with that practice. <br />Contrary to Staffs conclusion about original intent of the easement for Bay Tail access, one <br />must consider that the process culminating in what exists today was the result of a long and <br />drawn out effort with many ideas and discussions about the restoration of the marshlands and <br />the establishment of this segment of the Bay Trail during the process. Eventually the details <br />were agreed upon and are reflected in the Final Tract Map 6810 approved and signed by all <br />interested parties including the City and recorded April 9, 1997. It specifically allows for <br />pedestrian/bicycle access (PAE) to the Bay Trail. While this recorded map does refer to vehicles, <br />such reference is limited to private vehicle access for the residents themselves who live within <br />the community and for emergency and service vehicles accessing utilities. The final tract map <br />does not provide for motorized vehicular access through Heron Bay to the Bay Trail. <br />Several weeks ago I had the opportunity to speak with Ande Bennet, Coastal Program Analyst <br />with BCDC, the regional authority with jurisdiction over the Bay Trail and its access. In that <br />1IPage <br />