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1 <br />LAW OFFICES OF <br />A. ALAN BERGER <br />95 South Market Street <br />Suite 545 <br />San Jose, CA 95113 <br />Telephone: 408-536-0500 <br />Facsimile: 408-536-0504 <br /> <br /> <br />November 4, 2016 <br /> <br />City Council of San Leandro <br />c/o Elmer Penaranda, Senior Planner <br />City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br /> <br />Via Email and Hand Delivery <br /> <br />Re: File item 16-556; Heron Bay HOA kiosk proposal <br /> <br />Dear Honorable Council Members: <br /> <br />As you may be aware, I am the attorney for the Heron Bay Homeowners <br />Association (hereinafter referred to as “the HOA” or “the association”). The purpose of <br />this correspondence is to comment on and to disagree in part with the approval of the <br />Permit Application of Heron Bay Homeowners Association for the installation of a kiosk <br />by the City Planning Commission, which was granted on October 20, 2016. With the <br />agreement of and advise of Senior Planner Elmer Penaranda, Heron Bay did not appeal <br />the decision of the Planning Commission as the HOA agrees with and appreciates the <br />Commission’s approval of the kiosk in general, but wishes to ask the City Council to <br />modify two of the conditions for permit approval stated by the Commission. <br /> <br />The association accepts and is grateful for the decision of the Planning <br />Commission. The association, however, disagrees with three conditions precedent <br />imposed by the Commission on the granting of this approval. As the approval was <br />advisory only, subject to the vote of the City Council, the association respectfully asks <br />the City Council to grant the permit application for the installation of the kiosk with the <br />following modifications from the recommendation of the Commission. <br /> <br />The HOA actually disagreed with three points made by the Planning Commission. <br />Those three areas are as follows: <br /> <br /> 1. The HOA would prefer to have Anchorage closed to ingress traffic with all of <br />the provisions stated in the permit application and as recommended for approval by the <br />City staff. However, the HOA will accept the decision of the Planning Commission to