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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 22 <br /> band to a logical end point, such as a public road, in this case the Lewelling Boulevard Traffic <br /> Circle. The public shore parking and the existing public access areas will be readily identifiable <br /> with adequate and appropriately sited and designed public shore and public shore parking <br /> signage. <br /> BCDC staff is working with the Heron Bay HOA to resolve a violation of its permit that <br /> includes the failure to permanently guarantee the required public access areas and the failure <br /> to construct all of the required public access improvements as required by the permit. At such <br /> time that staff issues the amendment to the Heron Bay HOA's permit, it plans to similarly <br /> update that permit to eliminate the public access requirements that are located on the City of <br /> San Leandro's property, which is not owned or controlled by the Heron Bay HOA. <br /> At the time of issuance of the original permit in 1990, no residential development existed in <br /> the now developed areas shown on Exhibit B located east of the section of trail called Segment <br /> Two and north of Bayfront Drive and the Lewelling Boulevard traffic circle. However, residential <br /> development was anticipated by the City of San Leandro and authorized just three years later in <br /> 1994 by the issuance of BCDC Permit No. M1992.057 to a developer known as Citation Homes, <br /> who had purchased the land where the homes are now built. Permit No. M1992.057 has since <br /> been assigned from Citation Homes to the Heron Bay HOA,the current owner. <br /> BCDC Permit No. M1992.057.01 did not require any new public access not already required <br /> in this permit; in fact,the permit for the residential development duplicated word for word the <br /> public access requirements of the City's permit. Both permits also had identical public access <br /> exhibits. <br /> The issuance of Amendment No. Five provides an opportunity to update the City's permit to <br /> reflect the public access requirements that it retains, omit the public access requirements that <br /> have been assumed by the Heron Bay HOA by virtue of each party's respective ownership <br /> interest and correct an error in the required public access area. <br /> The project authorized in Amendment No. Five involves extending the deadline for the <br /> permittees to comply with Special Condition II.F.2, requires additional public access amenities <br /> in Special Condition II.F.3, and clarifies the permittee's maintenance obligations in Special <br /> Condition II.F.4. As defined in Regulation Sections 10601(e)(3) and 10601(b)(1),Amendment <br /> Five involves activities that place small amounts of inert inorganic fill that has no greater <br /> adverse impact on the Bay than the original project or no significant adverse effect on <br /> maximum feasible public access to the Bay but in the alternative, enhances public access to the <br /> Bay along the San Leandro Shoreline by providing public shore parking and signage. Therefore, <br />