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Making San Frarreum Bay Better <br />June 19, 2014 <br />Law Offices of A. Alan Burger <br />95 South Market Street, Suite 545 <br />San Jose, CA 95113 <br />SUBJECT: Proposed Gates at Bay Front Drive and BCDC Required Shoreline <br />Access from Lewelling Boulevard, in the City of San Leandro <br />(BCDC Permit No. 1992.057.00 and Enforcement File No. ER2014.015) <br />Dear Mr. Berger: <br />Thank you for your letter dated June 13, 2014, and received in our office on the same date, <br />submitted on behalf of the Heron Bay Homeowners Association (the HOA). We are pleased to <br />learn that the HOA recognizes its legal obligation as successor to BCDC Permit No. 1992.057.00 <br />(the permit) and accepts its responsibility to provide a public access guarantee that the former <br />owner, Citation Homes, failed to do. <br />The primary purpose of your letter appears to be asking BCDC staff to change our position <br />about the HOA's proposal to place a gate across Bay Front Drive public access. As we stated in <br />our letter to you dated June 12, 2014, the gate proposal that the City of San Leandro (the City) <br />will review this week would require an amendment of the BCDC permit, and staff believes <br />BCDC approval would be unlikely because a 4 -foot -wide gate would significantly reduce the <br />value of the public access path that that Commissions permit requires to be 8 feet wide. Staff <br />continues to believe that the proposed gate project would impede the free flow of bicycles and <br />pedestrians to the shoreline and, as such, is incompatible with the BCDC permit and the <br />requirements of the McAteer-Petris Act and the San Francisco Bay Plan. <br />Your letter also expresses concern that the BCDC staff position will adversely impact the <br />outcome of the HOA's gate proposal with the City. The City's decision on the project will <br />presumably be based on its General Plan and implementing ordinances and, as stated above, <br />BCDC's decision on the project would be based on the existing permit requirements, the <br />McAteer-Petris Act and the San Francisco Bay Plan. Procedurally, you should be aware that as <br />part of any BCDC application or permit amendment, our filing requirements include the need <br />for permit applicants to provide, if required by the local government, a copy of any discretionary <br />approvals needed for the project. As such, it is a fact that if the City does not approve the <br />proposal, the HOA will not be able to submit a fileable application to BCDC unless and until it <br />obtains local discretionary approval. <br />State ofCalNomia • SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION • Edmund G. Brom Jr, Governor <br />455 Golden Gate Avenue, Suite 10600 • San Francisco, Calrfornia 94102 • (415) 352-3600 • Fax: (415) 352-3606 • info@bcdc.ca.gov • v .bcdc.ca.gov <br />