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PERMIT NO. 1989.014.05 <br /> , City of San Leandro <br /> (Originally Issued on March 7, 1990, As <br /> Amended Through May 2, 2016) <br /> AMENDMENT NO. FIVE <br /> Page 20 <br /> Public access at Roberts Landing is currently available through a combination of an <br /> improved shoreline trail, a series of unimproved levee trails, and a network of informal trails <br /> throughout the site. This combination of trails form the north-south connection of the Bay Trail, <br /> and also allows point access to the site from other locations including Lewelling Boulevard and <br /> Bayfront Drive to the East. The development of the Shoreline Marshlands Enhancement Project <br /> (Water Circulation and Drainage Plan) will effectively remove the informal trails in the marsh <br /> areas, and restrict public access to certain levees only, thereby creating an adverse impact to <br /> the existing public access at the site. However, to offset this impact, the applicant will create a <br /> public access path which will utilize existing trails where possible to maintain the north-south <br /> and eastern public access at the site connections. The public access improvements include <br /> improving the existing 7,500 7,600 lineal feet of shoreline trail at the north end of the site, <br /> improving a portion of the eastern extension of the path to Bayfront Drive and Lewelling <br /> Boulevard, and creating a path south to connect to the San Lorenzo Creek levee, as generally <br /> shown in Exhibit B. <br /> The loss of the seemingly unrestricted public access at the site as a result of the <br /> development of the project is considered significant. The existing public access at Roberts <br /> landing allows the public to explore the shoreline and the adjacent marshes, and traverse <br /> through the site in a random fashion. This type of access allows for a unique opportunity to <br /> access virtually any portion of the site to fish, bird watch, walk and even bike.Therefore, it is <br /> imperative that the proposed public access areas and improvements are implemented in their <br /> entirety because then, and only then, will the loss of the existing public access opportunities be <br /> sufficiently offset. The Commission understands that the new public access plan will not cover <br /> as large an area for public access as that currently, and that unrestricted public access in marsh <br /> areas adversely affect sensitive fish and wildlife resources. Therefore, the Commission finds <br /> that only when the new public access maintains,guarantees, and improves the north-south and <br /> east-west trail connections that exist on and through the site, does the project provide <br /> maximum feasible public access consistent with the project. The Commission also recognizes <br /> the complexity of implementing the public access elements required herein due to the <br /> ownership patterns of the site, thus Special Condition II.F.4. allows a reasonable period of time, <br /> until December 31, 1997,to implement the required improvements. A further reasonable <br /> extension of time for the implementation of the public access could be granted by or on behalf <br /> of the Commission if the Commission finds a reasonable extension of time is warranted due to <br /> unforeseen circumstances, provided that the permittee has sufficiently demonstrated its <br /> diligence in pursuing the public access improvements. The Commission further finds that all <br /> elements contained in Special Condition II.F. are necessary to ensure that these areas are <br /> reserved for the benefit of public access, and also to ensure that the public access <br /> improvements will be constructed to provide an all weather, handicap access, public access trail <br /> to and through the site and along the shoreline of San Francisco Bay. <br />