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Making San Francisco Bay Better <br />June 12, 2014 <br />Cynthia Yonning, Community Manager <br />Heron Bay Homeowners Association <br />Professional Associations Services, Inc. <br />42612 Christy Street <br />Fremont, CA 94538-3135 <br />SUBJECT: Proposed Construction of Access Gates at Bayfront Drive and Required Shoreline <br />Access from Lewelling Boulevard, in the City of San Leandro <br />(BCDC Permit No. 1992.057 and Enforcement File No. ER2014.015) <br />Dear Ms. Yonning: <br />I am writing this letter in regard to the Modification of Planned Development, PD -91-3, <br />which the Heron Bay Homeowners Association (HOA) has proposed to the City of San <br />Leandro's Planning Commission, agendized for its upcoming meeting on June 19th. The City of <br />San Leandro's Staff Report states that the HOA wishes to change this designation so that gates <br />and fencing can be constructed at the pedestrian and vehicular entrances to the development. <br />According to the staff report, the changes proposed for the street and sidewalk west of the <br />Lewelling Boulevard traffic circle would include "...construction of residents' vehicular and <br />pedestrian gates measuring up to eight feet tall on Bayfront Drive." The report's exhibits <br />indicate that the proposed approximately 3.2 -foot -wide pilaster and 8.8 -foot -wide fence panel <br />and gate would visually and physically impede the existing 12 -foot wide sidewalk and would <br />,reduce the entrance for cyclists and pedestrians from a BCDC-required eight -foot -wide to a <br />four -foot -wide space (when the gate is held open). The HOA proposes that the vehicle gate <br />would be closed at all times and accessible to residents only, and the bicycle/ pedestrian gate <br />would remain unlocked for public use during the day from sunrise to sunset. <br />As you know, the HOA is subject to the public access requirements of BCDC Permit No. <br />1992.057, which was issued to Citation Homes, the developer, in 1994. The HOA is the successor <br />owner and the rights and obligations of the permit run with the land. <br />Upon learning of this gate proposal from the staff of the SF Bay Trail, I contacted you on <br />May 8th and forwarded a copy of the HOA's permit to you. Special Condition II.F requires the <br />permittee to build, maintain, and guarantee three segments of public access, one of which is an <br />8 -foot -wide, 1,450 -foot -long paved path "from Robert's Landing. Slough, east past the railroad <br />tracks to the City's public street." The permit refers to this facility as the Lewelling Boulevard <br />Extension, or Segment 3. (see attached permit exhibit and current photo of the Segment 3 <br />alignment). <br />Please understand that it would be a violation of the permit and of the Commission's law to <br />make changes to the public access area without first obtaining written authorization from <br />BCDC by amending the current permit. The HOA may submit a request to amend its permit at <br />any time and we suggest that you do so soon to obtain a formal determination. <br />State of California • SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION • Edmund G. Brown Jr., Governor <br />455 Golden Gate Avenue, Suite 10600 • San Francisco, California 94102 • (415) 352-3600 • Fax: (415) 352-3606 • info@bcdc.ca.gov • www.bcdo.ca.gov <br />