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November 3, 2016 <br />Elmer Penaranda, Senior Planner <br />Planning Services Division <br />City of San Leandro <br /> 835 East 14th Street <br />San Leandro, Ca 94577 <br /> <br /> Re: File Item 16-556 <br /> Heron Bay Kiosk Proposal <br /> <br />Dear Elmer: <br />What follows is the HOA position regarding two conditions of approval contained in the Planning Commission’s <br />recommendation to the City Council made October 20th. Those conditions relate to City directed Kiosk signage <br />and the absolute prohibition preventing the Kiosk attendant from stopping non-resident vehicles entering <br />Bayfront Drive for any reason and at any time 24/7. These conditions are beyond the City’s jurisdiction, contrary <br />to law, as well as being contrary to common sense. <br />For purposes of this City Council Hearing, the HOA is not arguing that portion of the Planning Commission’s <br />recommendation denying the plan changing Anchorage Drive to egress only. <br />Attempt to Limit Kiosk Attendant Duties as a condition of Permit Approval for the Kiosk <br />- Tract 6810 Map expressly provides ”…the area designated as lots 25 through 29 are not offered for <br />dedication. They are intended to be held under common ownership by the Covenant, Conditions and <br />Restrictions.” and by operation of law those lots belong to the Heron Bay HOA. Bayfront Drive is <br />depicted as part of Lot 29. <br />- Other than specifically enumerated easements carved out in that Tract Map, Bayfront Drive is a private <br />street and permission to pass is lawfully within the control of, and is revocable by, the property owner at <br />any time. <br />- The Tract Map contains several precisely enumerated easements supported by Bayfront Drive and the <br />sidewalk along the northern side of Bayfront Drive. The issue is rooted in the vehicular easements of <br />record that are shown on the Tract Map, approved by the City Engineer, approved by the City Surveyor, <br />approved by the City Clerk, and approved by the original developer who granted these easements nearly <br />20 years ago. <br />- To clarify once and for all so there is no further confusion non-resident motor vehicle access to Bayfront <br />drive is expressly permitted only under these easements of record: <br />o EVAE – Emergency Vehicle Access Easement for fire, police, and ambulance vehicle passage onto <br />Bayfront Drive; <br />o SVAE – Service Vehicle Access Easement that allows maintenance and repair vehicles onto <br />Bayfront to service utilities on and under the property; <br />o PVAW – Private Vehicle Access Ways allows the residents of Heron Bay to use the HOA owned <br />private streets to access their own homes <br />o PUE – Public Utility Easement for construction and maintenance of Utilities