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Law Offices of A. Alan Burger <br />June 19, 2014 <br />Page 2 <br />Upon receiving your letter and considering the questions you raise, we looked more <br />carefully at the current site conditions and discovered that the Bay Front Drive sidewalk appears <br />to be an approximately five -foot -wide sidewalk within an approximately 12 -foot -wide <br />landscaped corridor, which does not comply with the permit's requirements that the HOA <br />provide an eight -foot -wide paved path plus four feet of shoulder. In other words, it appears that <br />the HOA is not currently providing the physical public access that Special Condition II.F.3.c of <br />the permit requires. <br />To correct this newly discovered violation, the sidewalk might either be widened to meet the <br />full 8 -foot -wide requirement or we can discuss possible public access offsets that would provide <br />the public an equal benefit, such as providing bike lanes along the street that would be <br />incorporated into the permits requirements via a permit amendment and subsequently included <br />in the public access guarantee along with the existing required sidewalk. You may propose other <br />alternatives for complying with the permit if you do not wish to establish conditions that meet <br />the existing requirements. Please contact me for further direction regarding the process for <br />resolving what appears to be two permit failures. <br />Finally, the HOA's permit reflects the settlement of a 1992 lawsuit between The Sierra Club, <br />the City and Citation Homes, therefore the permits requirements were undertaken in <br />conjunction with the City of San Leandro's Shoreline Marshlands Enhancement Project and <br />BCDC Permit No. 1989.014.04. The City is responsible for guaranteeing any trail segments or <br />portions of trail segments that are not owned by the HOA. I am attaching the City's permit and I <br />encourage you to review the requirements and findings of both permits. Like the HOA, the City <br />has not yet provided a public access guarantee and, like we have given you, we have given them <br />a grace period to do so. <br />We look forward to working with, the HOA and the City to resolve all of these matters. <br />Si ere , <br />A EB <br />Coastal Program Analyst <br />cc: Cynthia Yonning, Professional Associations Services <br />Elmer Penaranda, City of San Leandro <br />Lee Huo, SF Bay Trail Project <br />