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PERMIT NO. 6-94 (Issued on July 24, 1996, As Amended Through March 4, 2010) AMENDMENT NO. SIX (Exclusive of Amendment No. Four) City of Redwood City and Keech Properties, LLC Page 20 requires regular review of site conditions and policy changes to determine whether both endangered species recover to the point that they are no longer endangered, or the Endangered Species Act is modified so that such access restrictions are no longer required by the Endangered Species Act, or future development of undeveloped parcels at the site affect the attractiveness of the alternative inland access (Special Condition II-B- 3). In an effort to assure that the public will still have continuous access along open space areas providing an experience of both the Bay and Bay seasonal wetlands, this authorization requires (Special Condition II-B) that a number of public access amenities, such as observation decks, public shore parking, landscaping, and improved signage be provided. While recognizing that no enhancements to this alternative inland route can replace the experience afforded by the existing access on the perimeter levees, the alternative inland access areas, trail route, and related improvements will provide an attractive alternative until access can be returned permanently to the exterior levee. The Commission finds that, based on the advice of the USFWS, that this is a sensitive wildlife area and that continued public access on the reconstructed levee could jeopardize the existence of the endangered California Clapper Rail and Salt Marsh Harvest Mouse, and the alternative inland access is the best public access that can be provided at this site given the constraints on access required by USFWS. The Commission further finds that suspension of public access on the exterior levee, with periodic review, and the rerouting of public access inland is consistent with the Bay Plan's policies on public access and recreation that require consultation with appropriate agencies to determine the appropriate location and type of access provided in sensitive wildlife areas. 2. Maximum Feasible Public Access. The McAteer-Petris Act requires that the Commission approve a project only if it can find that the project provides the maximum feasible public access consistent with the project. For reasons outlined above, in order to comply with the conditions and constraints imposed by USFWS regarding existing public access, including concerns not only for sensitive habitat areas but also to accommodate the activities of predator management personnel to protect those areas, the permittees originally proposed closure of existing public access on the levees and constructing alternative pedestrian and bicycle paths, observation decks, bridges, and other amenities and improvements inland, largely outside the Commission's jurisdiction. For the reasons discussed above, in the absence of endangered species, the maximum feasible public access would consist of returning access to the top of the rebuilt levees, replacing public access landscaping disturbed during construction, providing additional public access parking, improving public access signing throughout the peninsula, and providing occasional park furniture along the rebuilt levee. However, the presence of two endangered species in an area that the recovery program for both species specifically identifies as necessary for their recovery, has forced the Commission to weigh the benefits of continued public use of the levee against the preservation and recovery of sensitive wildlife species. The USFWS