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4A Public Hearing 2014 0902
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4A Public Hearing 2014 0902
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6/5/2019 8:36:39 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/2/2014
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_CC Agenda 2014 0902 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0902
Reso 2014-090
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Path:
\City Clerk\City Council\Resolutions\2014
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Unapproved Excerpts from the Planning Commission Regular Meeting Minutes .Tune 19, 2014 <br />Page 3 of 7 <br />An attachment to an email from Jeff Tepper on behalf of the Heron Bay HOA to <br />Secretary Liao, email dated June 17, 2014, which Secretary Liao emailed to each <br />individual Commissioner on June 18, 2014 <br />An email from Stephanie Smith, Kingfisher Court, to Secretary Liao, dated June 17, 2014 <br />An email from George Jahad and Gay Leonard, Laverne Drive, to Planner Penaranda, <br />dated June 10, 2014 <br />An email from Commissioner Fitzsimons to Secretary Liao, dated June 19, 2014 <br />Commissioner Collier, recalled from the development of the project in the mid-1990s two <br />specific areas, which she pointed out on the map, that were intended to be parking lots for people <br />using the Bay Trail. <br />Principal Engineer Cooke noted that the tract map was recorded and indicated a PAE from <br />BCDC along Bayfront Drive. He added in response to Commissioner Rennie that the PAE on the <br />map intended to allow for public access, including vehicular access to the Bay Trail. <br />Commissioner Hernandez asked whether this is an "all or nothing" proposal, or if the Planning <br />Commission could consider the four components (i.e., three security gates and fencing) <br />separately. Planner Penaranda said the Planning Commission has the discretion to support, deny <br />or modify the proposal as it sees fit. <br />Commissioner Leichner pointed out that BCDC allowed construction provided the development <br />met the City's approval and the recorded PAE was part of the City's approval. Planner Penaranda <br />confirmed the PAE held higher position on title than the City's PD approval in response to <br />Commissioner Leichner's inquiry. <br />Applicant representative Jeff Tepper presented a summary of his memo dated June 19, 2014 <br />[that staff included in tonight's Planning Commission agenda packet] which revised the <br />application to keep the pedestrian gate unlocked at all times and would allow bicyclists too in <br />response to BCDC concerns. He added that public access is important and the HOA will work <br />with BCDC. <br />Mr. Tepper also emphasized that the proposal resulted from increased criminal activity in the <br />neighborhood over the past year, particularly an escalation in violent crimes committed by non- <br />residents. He said an overwhelming majority of Heron Bay HOA members have committed to <br />assessing themselves for the cost of designing and installing the gating system to limit property <br />access to those who have legitimate reasons for being there. <br />Mr. Tepper said the City staff's crime data, which is broken out by Council District, doesn't <br />illustrate the extent of the problem in the Heron Bay neighborhood. Citing incident reports from <br />the San Leandro Police Department (SLPD), he provided the Commission with a handout entitled <br />"Heron Bay Crime Comparison," with highlighted data showing 15 incidents listed in the violent <br />crime category for Heron Bay for the period from May 2011 to May 2014, versus three in the <br />Marina Vista neighborhood. He added that there were two strong arm robberies and a home <br />invasion not included in the City data either. <br />Mr. Tepper noted the easement on the tract map makes no reference to vehicle -specific public <br />access, adding that although the access issue is a BCDC matter, what the HOA must do <br />procedurally is outlined by BCDC in its recent letter to HOA attorney Alan Berger. Ms. Ande <br />Bennett from BDCD indicated in the letter that without City approval, which must occur first and <br />
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