HomeMy WebLinkAboutReso - CC - 018-1998RESOLUTION NO. 18-98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AGREEMENT BETWEEN THE CITY AND THE SAN FRANCISCO
BAY CONSERVATION AND DEVELOPMENT COMMISSION IMPOSING PUBLIC
ACCESS RESTRICTIONS ON THE USE OF REAL PROPERTY AND
AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT BY
AND ON BEHALF OF THE CITY
RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that:
WHEREAS, the City wishes to improve the southern end of Airport Boulevard with
additional landscaping, bicycle lanes, and a public pathway along the Bayfront; and
WHEREAS, the proposed improvements lie within the jurisdiction of the San Francisco Bay
Conservation and Development Commission (BCDC) and therefore requires a permit from BCDC
to install and construct the improvements; and
WHEREAS, as a condition ofthe permit, BCDC requires the City to guarantee public access
in a recorded restriction; and
WHEREAS, the area involved is a dedicated right-of-way that appears to owned in fee title
by the State of California; and
WHEREAS, while the City ofBurlingame does not concede that the BCDC has the authority
to require this dedication or restriction to the extent demanded, yet the City's interest in
accomplishing the public improvements for which the permit was sought and the urgency of using
important Federal and State money to accomplish these valuable public improvements force the City
to accept these restrictions,
NOW, THEREFORE BE IT RESOLVED that:
1. The Agreement attached hereto is approved.
2. The City Manager is authorized and directed to execute the Agreement on behalf of and
for the City.
3. The City Clerk is requested and authorized to attest to the
WAgwiffim
to
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the
16thday of MARCH 1998, and adopted thereafter by the following vote:
AYES: COUNCILMEMBER: GALL I GAN, JANNEY, KNIGHT, O'MAHONY, SP I NELL I
NOES: COUNCILMEMEER: NONE
ABSENT: COUNCILMEMBER: NONEj�.
City Clerk
C:\WP5lTiles\RESO\ELECTION.col.wpd
2
Recorded at the request of
State of California
San Francisco Bay Conservation
and Development Commission
WHEN RECORDED, mail to:
San Francisco Bay Conservation
and Development commission
30 Van Ness Avenue, Room 2011
San Francisco, California 94102
STATE OF CALIFORNIA
OFFICIAL BUSINESS —Document
entitled to free recording
pursuant to Government Code
Section 6103 and 27383
NO TAX DUE
THIS SPACE FOR RECORDER
Notice of Conditions, Covenants,
and Restrictions Affecting
San Mateo County Assessor Parcel No. 26-350-10.
1. An agreement imposing public access restriction son the use of the affected
parcels.
2. BCDC Permit No. M97-18 dated Tune 10, 1997.
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Agreement Imposing Public Access Restrictions
on the use of Real Property
This agreement is made this day of 199, by and
between the City of Burlingame, hereinafter referred to as "the permittee," and the San
Francisco Bay Conservation and Development Commission, hereinafter referred to as
"Commission."
WHEREAS, the permittee holds an easement affecting certain real property
referred to as "the subject property" that is located in the City of Burlingame, County of
San Mateo, State of California, and is more particularly described in Exhibit A, attached
hereto and by such reference incorporated herein; and
WHEREAS, pursuant to the McAteer-Petris Act (Government Code Section
66600 et seq. the permittee sought in Application No. M97-18 a permit for the following:
Reconstruct Airport Boulevard, provide new public access improvements and
stabilize the shoreline by constructing or installing: (1) a five -foot -wide, paved,
pedestrian path adjacent to the Bay totaling approximately 5,865 square feet; (2)
two, five -foot -wide, pave bike paths, adjacent to each of the roadway travel lanes
totaling approximately 10,730 square feet; (3) two seating areas totaling
approximately 50 square feet; ; (4) sixteen parking spaces covering approximately
4,336 square feet; (5) approximately 13,700 square feet of landscaping within the
roadway median and within the public access corridor; (5) as needed, roadway
resurfacing and stabilization improvements; (6) approximately 410 square feet of
quarrystone riprap for shoreline protection; and (7) as needed, gabion mats for
shoreline protections. No Bay fill is authorized; and
WHEREAS, the Commission has issued Permit No. M97-18, a copy of which is
attached as Exhibit B and incorporated by reference, for this work and the uses subject to
-3 -
conditions that are imposed for the benefit of the public and surrounding landowners, and
without agreement to which by the permittee no permit could be issued; and
WHEREAS, Special Conditions II -C -I and II -C-2 to the permit provide that the
permittee must dedicate or otherwise permanently restrict certain real property more
specifically described in Exhibit C to this agreement, which is attached and incorporated
by reference to this agreement, for public access purposes; and
WHEREAS, the Commission understands that fee title to this property to which
these restrictions are being sought is apparently owned by the State of California, and the
City has no authority or ability to bind the State to any conditions or requirements of the
Commission,
NOW, THEREFORE, in consideration of the issuance of the development permit
by the Commission for the subject property, the permittee, on behalf of itself, its
successors and assigns, hereby covenants and agrees with the Commission, its successors
and assigns that the portion of property more particularly described in Exhibit C, which is
attached and incorporated by reference, shall be held open to the public in perpetuity for
public access purposes, such as walking, bicycling, viewing, sitting, fishing, picnicking,
and other related purposes, and that the restriction shall be attached to and become a part
of the deed of the City's easement to the property.
FURTHER, the permittee acknowledges that any violation of this deed restriction
will constitute a violation of the McAteer-Petris Act and of Permit No. M97-18, and, in
addition to any other remedies provided by law, will subject the permittee or any other
person violating the restriction to suit as provided by the McAteer-Petris Act.
IT IS FURTHER RECOGNIZED that this agreement and restriction is a covenant
running with the land in perpetuity and shall bind the permittee, its successors and assigns.
The permittee further agrees that the permittee shall insert the restriction herein described
in any subsequent deed or other legal instrument by which it divests itself of its possessory
interest in the subject property or some portion thereof.
13
In witness thereof, the parties hereto have duly executed this agreement.
Executed on this
at Burlingame, California.
State of
) ss.
County of
On
day of , 199
before me,
DENNIS ARGYRES
City Manager
City of Burlingame
Notary Public in and for said County and State, personally appeared
P-1
personally known to me (or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
-5 -
Executed on this day of 199
at San Francisco, California.
State of )
ss.
County of )
On
before me,
WILL TRAVIS
Executive Director
San Francisco Bay Conservation and
Development Commission
Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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RESOLUTION NO. 46-
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RESOLUTION ACCEPTING OFFER OF DEDICATION
RESOLVED, by the CITY COUNCIL of the CITY OF BURLINGAM2
JJJ���U • I
that:
e CA WHEREAS, on March 3, 1969 the City Council of the City
%yp of Burlingame by Resolution 16-69 consented to an irrevocable
Offer of Dedication by Anza Pacific Corporation of certain real
property for road, utility and related purposes, and
WHEREAS, a portion of said Offer of Dedication was
terminated by Resolution 92-72 of this Council on December 4,
1972, and
WHEREAS, roads and a bridge and other public facilities I
I
have been built upon said property, but said offer has never been;
formally accepted by the City of Burlingame,
NOW, THEREFORE, it is hereby ORDERED AND DETERMINED that
that Offer of Dedication recorded in Volume 5610, Pages 291 ...
through 294, Document number 19654AC, in the office of the San
Mateo County Recorder on March 12, 1969, and as modified by
Resolution 92-72 of the Council, recorded in Volume 6304, Page
407, Document number 93671AF, in the office of the San biateo
County Recorder on January 10,1973, is hereby accepted by the j
'City Council of the City of Burlingame pursuant to Section 7050 of
the Government Code of the State of California.
This resolution supercedes Resolution 9-86, recorded
as document number 86005792 on Jaguary 16,.1986.
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing resolution was
introduced at a regular meeting of the City Council held on the
21st day of Anril ,1986, and adopted thereafter
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RESOLUTIO11 No, 16.69
A RESOLDTION CONSENTING TO' IRREVOCABLE OFFER
OP DEDICATION OP REAL PROPERTY FOR PUBLIC
PURPOSES
HAYS= IMPROVEMENT DISTRICT NO. 4
RESOLVED, by the City Council or the City of Burlingame,
California, that the City of Burlingame hereby consents to the
making of that certain Irrevocable Offer of Dedication of real
property for public purposes by ARZA PACIFIC CORPORATION to tht
City of Burlingame, dated March l
1969, and this
day preaented to this Council; provided, that said offer 1s
not accep;ad at this time, but may be recorded in the officc of
the County Recorder of the County'of San Mateo, pursuant to
Section 7050 of the Covermsent Code of the State of California.
I'hereby certify that the foregoing is a full, true and
correct copy of a resolution duly paased and adopted by the
City Council of the City of Burlingame, California, at a oeet-
Ing thereof held on the .3rd day of march 1969, 9 9, by
the following voce:
AYES, and in favor thereof, Councilmen:
GZO aby-Oaorga-?ohnsoa-Martin.
�= �� ��. Cdunc Limen: pone
�,l? .Bar councilmen: pone
APPROVED: yo
Or
� o c . r cy_o ur ingame
(corilT,�c� t
S.
h
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IRR"OCAHiE OFFER OF DEDICATION
ANZA FACI2IC CORPORATION, a California corporation, hereby
lrrevocably offers for dedleatlon to public vector road, utility
and related purposes, the real property situate in the County of
..San Mateo, State of Callfornla, and more particularly described
in Exhibit .... ---- .-......
'(Aa hereto attached and incorporated herein by
reference;
This offer of dedication is made pursuant to Section 7050
Of the Government Code of the state of California.
Dated: February 26 , 1969.
ANZA P IC C RR TT ON
By cess ant
STATE OF CALIFORNIA )
Count )) as
y of San Mateo _.
On this 26th day of February
------ - �-, 1969, before me
Robert M. Haight , Notary Public in and for the
Bald County and State, residing therein duly comniazioned and
sworn, personally appeared George N. keyaton, Jr., knoxn to me to
ba the President of the Ants Pacific Corporation, the corporation
that executed the within instrument, known to me to be the person
who executed the within Instrument on behalf.of the corporation
therein na-r_d, and acknowledged to me that such corporation
executed'same_ _
IN wSIYiESS WR2REOFe I have hereunto set sly hard and affixed
my official seal the day and year in this certificate first above
written,
23654A.0
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County and Stite os as
) 4t R 3 33 PH W ROBERT M- MA141T I
w�ky wauc
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EXKIBTf 'A'
-IMAL LBSCRIPTION
'C' Road Right -of -Way -
All that reel .property situate in a -.portion of the northerly
half of Section No. 18, '193. M, xt.. -Diablo B.. k M. within
the City of Burlingame, county of Sen Mateo, State of California,
described as follows:
Beginning at the most northerly corner of .Tot No...l, Block No. 3,
e
s said Lot and Block. are shown on that certain Ma'p entitled
Ani* Airport Park Unit No. 5, Burlingame, San Mateo County,
Cnllfornla", which Map was filed In Map Book volume 68 At Pages
12 and 13 on July 26, 1968, Official Records of San Mateo County,
California- thence from said point of beginning along the north-
westerly line of said Lot No. 1 along the arc of a curve to the
left with a radius of 572.00 feet, through a central angle of
8'16`23" for An are length of 82.59 feet; thence 5.52'001 W.'
,157.69 rest; thence along the arc -of a curve to the left with a
-radius of 20 feet, through a central angle of 90'00' for an arc
length of 31.42 feet to a point on the northeasterly right-of-way
of Airport Boulevard as said right-of-way is shown onthatcertain
Map entitled 'AnseAirport park Unit No. 4, Burlingame, San Mateo
County, California" , Which Hep was filed in Nap Book volume 68
At Pages 10 and 11, on July 26, 1968, Official Records of San Mateo
County, California; thence along said northeasterly right-of-way
line of Airport Boulevard N. 38000` W. 96.00 feet to a point;
thence 'leaving said northeasterly line of Airport Boulevard and
proceeding in a counterclockwise direction along the southeasterly
'line of Lot NO. 3, Block No. 1 as said Lot No. 3 and Block No. 1
are shown on said Map of Arita Airport Park Unit No. 4 along the
ere of a curve to the left with a radius of 20 Etat, through a
.central angle of 90'00' for an arc length of 31.42 feet; thence
N. 52600' E. 157.69 feet; thence along the arc of a curve to the
right with a radius of 628.00 feet through a central angle of
7"31'51" for an arc length of 82.y4 feet to the most easterly
corner of Said Lot No. 3, thence leaving acid southeasterly
line or Lot No. 3 and continuing along last said curve With it
radius.of 628.00 feet through a central an le of 30'11'10" for
an are length of 330.86 feet; thence N. 89$43'01" E. for a
distance of 1,586.64 feet; thence along the arc of it curve to
the right with a radius of 628.00 feet through a central angle
• of 44016459" for An arc length or 484.61 feet;..r,henee S. 46'00'"—
E. 116.07 feet; thence along the arc of a curve to the left with -
a radius of 20 deet through a central angle of 88'16'22" for an
arc length of 30.81 feet to It point on the arc of a curve with
a ,radius of 643 5Q feet, both of which last said curves with radii
Of 20 feet end 643.50 feet are tangent to the course N.-45'43'38"
$. at their intersection at last acid point; thence in a general
southwesterly direction along last said curva with A radius of
643.50 feat, through a central angle of 1'44`38" for an arc
length of 19.40 feet; thence S. 4'001 W. 70.00 feet to the point
of a CUSP; thence along thearcof a curve to the left with a
radius of 20 feet, through a central angle of 90.00', for an arc
length of 31.42 feet, which curva is tangent to the course N.
44'00' E. at said point of said cusp; thence N. 46'00! W. 115.77
teat; thence along the are of a curve to the lett with a radius
of 572.00 teat through a central angle of 44.16'59", for an arc
fangth of h4i.�8 feet; thence S. 89.43`01" V. for a distance of
li b feet; thence along the arc o a curve to the left with
}.radius of 572.00 feet, through a central angle of 29.26,384,
-for an arc length of 293.95 feet to she Point of beginning.
. - -VaWoP+lUa.vJ
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SAH MATEo CCUWrY
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Airport Boulevard Right-of-vay:
All that real'Property situate in A portion of the northerly
half .of Section No. 18, T48, Row, }ft. Diablo B. & M, within
the City of Burlingame, County of San Mateo, State of
California, deseribed as follows:
,let Inning at the southeast corner of lot No. 7, Block No. 3 as
aald Lot and Block are shown on that certain map entitled
^Ants Airport Park Unit No. 5, Burlingame, San Mateo County,
California" which nap was filed in Map Book Volume 68 at Pages
12 and 13 on July 26, 1968, official Records of San Mateo
County, California; thence from said described point of begin-
ning S-85-44123- E. 1,103.05 feet; thence along the arc of a
curve to the left With a radius of 556.50 feet through a cen-
tralangle of 50.15'37", for an arc length of 488.17 feet;
'thence N. 44'oo' S. 305.79 'feet; thence along the arc of a
curve to the right with a radius of 643-50 feet, through a
central angle of 46'001, for an arc length of 516.63 feet;
thehce.East 171.78 feet to a point on the Westerly line of the
Bay Front Channel Drainage Easement which Easement, is desig-
nated as Parcel "A" on that certain Map entitled "Anna Airport
Park Uhit No. 1, Burlingame, San Mateo County, California",
which -Map was filed in Map Book Volume 61 at Pages 20 and 21
on December 8, 1964, -official Records of San Mateo County,
California; last said point being further descr.tbod as being
8.0017'00 E. 359.66 feet from the Northwest corner of said
Parcel "A"; thence continuing on last said East course 103.00
feet to the Easterly line of said Parcel "A"; thence further
along said East course 1,031.29 feet; thence South 956.00 feet to
the Northeast corner of the Airport*Boulevard Riat-of-way
which was dedicated to the City of Burlingame on said Map of
"Ansa Airport Park Unit No. 1" thence Hest 64.00 feet; thence
North 869.00 feet; thence vest 1,222-o7 feet; thence along the
arc of a curve to the left with a radius of 556.50 feet, through
& central artfle of 46e0o'for 'an are length of 446.79 feet;
thence a. 44 00, v. 305.79 feet- thence along the arc of a curve
to the right with a radius`of 0113,50 feet, through a central
angle of 50"1537", for an arc length of 564.48 feet; thence
H. 85.44'23" V. 1,096.57 feet to the northeasterly corner of
Lot No. 12) Block No. 2 as•sa-id lot No. 12 and 'Block rfo, n - ..are
shown on tta above described Map of "Ants. Airport Park Unit
XO. 5"; thence North 87.24 feet to the point of '"ginning.
2
6
Howard Hickey,f„E.
December 6, 1969
ra5610 FACE204
h E13 L( ' yd 04; 11UHM til:ll(: 415 55'( J(6(
P.2i11
STATE OF CALIFORNIA
PETE WILSON, Govgmer
,SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
THIRTY VAN NESS AVENUE, SUITE 2011
SAN FRANCISCO, CALIFORNIA 94102 -SM •
PHONE; (415) 6575888 E Xhl ! SIT
• a
PERMIT NO. M97-18
June 10, 1997
City of Burlingame
501 Primrose Road
Burlingame, California 94010
ATTENTION: Frank Erbacher, Engineering Department
Ladies and Gentlemen:
I. Authod=atlon
A. Subject to the conditions stated below, the permittee, the City of Burlingame, is hereby
authorized to do the following:
Location: Within the 100 -foot shoreline band, along Airport Boulevard, from
Lang Road to Fisherman's Park, Assessor's Parcel No. 26-350-10,
in the City of Burlingame, San Mateo County.
Description: Reconstruct Airport Boulevard, provide new public access
improvements and stabilize the shoreline by constructing or
installing: (1) a five -foot -wide, paved, pedestrian path adjacent to
the Bay totaling approximately 5,865 square feet; (2) two, five -foot -
wide, paved bike paths, adjacent to each of the roadway travel lanes
totaling approximately 10,730 square feet; (3) two seating areas
totaling approximately 50 square feet; (4) sixteen parking spaces
covering approximately 4,336 square feet; (5) approximately 13,700
square feet of landscaping within the roadway median and within the
public access corridor; (5) as needed, roadway resurfacing and
stabilization improvements; (6) approximately 410 square feet of
quarrystone riprap for shoreline protection; and (7) as needed,
gabion mats for shoreline protection. No Bay fill is authorized,
B. This authority is generally pursuant to and limited by your application dated April 28,
1997, including its accompanying exhibits and all conditions of this permit.
C. Work authorized herein must commence prior to July 1, 1998, or this permit will lapse and
become null and void. Such work must also be diligently pursued to completion and must be
completed within three years of commencement, or by July 1, 2001, whichever is earlier, unless
an extension of time is granted by amendment of the permit.
Dedicated to making San Francisco Bay better.
FEB 27 '98 04:41PM BCDC 415 557 3767 P.3i11
PERMIT NO. M97-18 C
City of Burlingame
June 10, 1997
Page 2
IL Special Conditions
The authorization made herein shall be subject to the following special conditions, in addition
to the standard conditions in Pan IV:
A. Specific Plans and Plan Review
Plan Review. No work whatsoever shall be commenced pursuant to this
authorization until final precise site, public access, landscaping, engineering,
shoreline protection plans and any other relevant criteria, specifications, and plan
information for that portion of the work have been submitted to, reviewed, and
approved in writing by or on behalf of the Cominission. The specific drawings and
information required will be determined by the staff. To save time, preliminary
drawings should be submitted and approved prior to final drawings.
a. Site, Public Access, and Landscaping Plans. Site, public access, and
landscaping plans shall include and clearly label the clean high tide line, the
line 100 feet inland of the mean high tide line, property lines, the boundaries
of all areas to be reserved for public access purposes and open space,
grading, details showing the location, types, dimensions, and materials to
be used for all structures, irrigation, landscaping, drainage, seating,
parking, signs, lighting, fences, paths, trash containers, utilities and other
proposed improvements.
b. Engineering Plans, Engineering plans shall include a complete set of
contract drawings and specifications and design criteria. The design criteria
shall be appropriate to the nature of the project, the use of any structures,
soil and foundation conditions at the site, and potential earthquake -induced
forces. Final plans shall be signed by the professionals of record and be
accompanied by:
(1) Evidence that the design complies with all applicable codes; and
(2) Evidence that a thorough and independent review of the design
details, calculations, and construction drawings has been made.
Plans submitted shall be accompanied by a letter requesting plan approval,
identifying the type of plans submitted, the portion of the project involved, and
indicating whether the plans are final or preliminary. Approval or disapproval
shall be based upon:
(a) completeness and accuracy of the plans in showing the features
required above, particularly the mean high tide line, property
lines, and the line 100 -feet inland of the mean high tide line, and
any other criteria required by this authorization;
(b) consistency of the plans with the terms and conditions of this
authorization;
FEB 27 '98 84:41PM BCDC 415 557 3767 P.4i11
PERMIT NO. M97-18'
City of Burlingame
June 10, 1997
Page 3
(c) the provision of the amount and quality of public access to and
along the shoreline and in and through the project to the shoreline
required by this authorization;
(d) consistency with legal instruments reserving public access and
open space areas;
(e) assuring that any fill in the Bay does not exceed this authorization
and will consist of appropriate shoreline protection materials as
determined by or on behalf of the Commission;
(f) assuring that appropriate provisions have been incorporated for
safety in case of seismic event.
Plan review shall be completed by or on behalf of the Commission within 45
days after receipt of the plans to be reviewed.
2. Conformity with Final Approved Plans. All work, improvements, and uses shall
conform to the final approved plans. Prior to any use of the facilities authorized
herein, the appropriate design professional(s) of record shall certify in writing
that, through personal knowledge, the work covered by the authorization has
been performed in accordance with the approved design criteria and in substantial
conformance with the approved plans. No noticeable changes shall be made
thereafter to any final plans or to the exterior of any constructed structure, outside
fixture, lighting, landscaping, signage, parking area, or shoreline protection
work without first obtaining written approval of the change(s) by or on behalf of
the Commission.
Discrepancies between Approved Plans and special Conditions. In case of
any discrepancy between final approved plans and Special Conditions of this
authorization or legal instruments approved pursuant to this authorization, the
Special Condition or the legal instrument shall prevail. The permittee is
responsible for assuring that all plans accurately and fully reflect the Special
Conditions of this authorization and any legal instruments submitted pursuant to
this authorization.
B. Riprap and Shoreline Protection
Rlprap Material. Riprap material shall be either quarry rock or specially cast or
carefully selected concrete pieces free of reinforcing steel and other extraneous
material and conforming to quality requirements for specific gravity, absorption,
and durability specified by the California Department of Transportation or the U. S.
Army Corps of Engineers. The material shall be generally spheroid -shaped. The
overall thickness of the slope protection shall be no more than three feet measured
perpendicular to the slope. Use of dirt, small concrete rubble, concrete pieces with
exposed rebar, large and odd shaped pieces of concrete, and asphalt concrete as
riprap is prohibited.
FEB �7 'y36 1_IJ4:4cFHM SCUC: 415 557 3767 P.5/11
PERMIT NO. M97-18
City of Burlingame
June 10, 1997
Page 4
Rlprap Placement. Riprap material shall be placed so that a permanent shoreline
with a minimum amount of fill is established by means of an engineered slope not
steeper than two (horizontal) to one (vertical). Ile slope shall be created by the
placement of a filter layer protected by riprap material of sufficient size to withstand
wind and wave generated forces at the site.
Rlprap Plans
a. Design. Professionals knowledgeable of the Commission's concerns, such
as civil engineers experienced in coastal processes, should participate in the
design of the shoreline protection improvements authorized herein.
b . Plan Review, No work whatsoever shall be commenced on the shoreline
protection improvements authorized herein until final riprap plans have been
submitted to, reviewed, and approved in writing by or on behalf of the
Commission. The plans shall consist of appropriate diagrams and cross-
sections that (1) show and clearly label the mean high tide line, property
lines, grading limits, and details showing the location, types, and
dimensions of all materials to be used, (2) indicate the source of all materials
to be used, and (3) indicate who designed the proposed shoreline protection
improvements and their background in coastal engineering. and familiarity
with the Commission's concerns. Approval or disapproval of the plans shall
be based upon (1) completeness and accuracy of the plans in showing the
features required above, (2) consistency of the plans with the terms and
conditions of this permit, (3) assuring that the proposed fill material does
not exceed this permit, (4) the appropriateness of the types of fill material
and their proposed manner of placement, and (5) the preparation of the
plans by professionals knowledgeable of the Commission's concems, such
as civil engineers experienced in coastal processes. All improvements
constructed pursuant to this permit shall conform to the final approved
plans. No changes shall be made thereafter to any final plans or to the
constructed shoreline protection improvements without first obtaining
written approval of the change(s) by or on behalf of the Commission.
4. Maintenance. The shoreline protection improvements authorized herein shall be
regularly maintained by, and at the expense of the permittee, any assignee, lessee,
sublessee, or other successor in interest to the project. Maintenance shall include,
but not be limited to, collecting any riprap materials that become dislodged and
repositioning them in appropriate locations within the riprap covered areas,
replacing in-kind riprap material that is lost, repairing the required filter fabric as
needed, and removing debris that collects on top of the riprap. Within 30 days after
notification by the staff of the Commission, the permittee or any successor or
assignee shall correct any maintenance deficiency noted by the staff.
S. Rlprap Removal. Within the project area, the permittee shall remove all riprap,
concrete, asphalt and other debris that has failed or sloughed off along the shoreline
and into the Bay and is no longer serving as engineered shoreline protection, is not
consistent with the riprap materials requirement above, is not needed for wildlife
habitat, or otherwise will not be used as part of the new shoreline protection.
FEB c "? ' yH 04:4eHN bC DC: 415 55"/ 3 GY P. 6/11
PERMIT NO. M97-18
City of Burlingame
June 10, 1997
Page 5
C. Publle Access
Area. The approximately 37,591 -square -foot area along approximately 830 -lineal
feet of shoreline, as generally shown on the plan entitled, "City of Burlingame,
Public Access Improvements, Airport Blvd. Reconstruction," prepared by
Callander Associates, originally dated March 24, 1997, and revised April 11, 1997,
shall be made available exclusively to the public for unrestricted public access for
walking, bicycling, sitting, viewing, fishing, picnicking, and related purposes. If
the permittee wishes to use the public access area for other than public access
purposes, it must obtain prior written approval by or on behalf of the Commission.
2. Permanent Guatonteo. Prior to the commencement of any grading or construction
activity, the permittee shall, by instrument or instruments acceptable to counsel for
the Commission, dedicate to a public agency or otherwise permanently guarantee
such rights for the public to the new approximately 37,591 -square -foot public
access areas(s). The instrument(s) shall create rights in favor of the public which
shall commence no later than after completion of construction of any public access
improvements required by this authorization and prior to the use of any structures
authorized herein. Such instrument shall be in a form that meets recordation
requirements of San Mateo County and shall include a legal description of the
property being restricted and a reap that clearly shows and labels the mean high tide
line, the property being restricted for public access, the legal description of the
property and of the area being restricted for public access, and other appropriate
landmarks and topographic features of the site, such as the location and elevation of
the top of bank of any levees, any significant elevation changes, and the location of
the nearest public street and adjacent public access areas. Approval or disapproval
of the instrument shall occur within 30 days after submittal for approval and shall
be based on the following:
(a) Sufficiency of the instrument to create legally enforceable rights and duties
to provide the public access area required by this authorization;
(b) Inclusion of an exhibit to the instrument that clearly shows the area to be
reserved with a legally sufficient description of the boundaries of such area;
and
(c) Sufficiency of the instrument to create legal rights in favor of the public for
public access that will run with the land and be binding on any subsequent
purchasers, licensees, and users. .
3, Recordation of the Instrument. Within 30 days after approval of the instrument,
the permittee shall record the instrument and shall provide evidence of recording to
the Commission. No changes shall be made to the instrument after approval without
the express written consent by or on behalf of the Commission.
FED 27 198 04:43PM BCDC 415 557 3767 P.7i11
PERMIT NO. M97-1 a C
City of Burlingame
June 10, 1997
Page 6
4. Improvements Wlthln the Total Public Access Area. Prior to the use of any
structure authorized herein, the permittee shall install the following improvements,
as generally shown on the plan entitled, "City of Burlingame, Public Access
Improvements, Airport Blvd Reconstruction," prepared by Callander Associates,
originally dated March 24, 1997, and revised April 11, 1997:
(a) A five -foot -wide, paved, pedestrian path adjacent to the Bay totaling
approximately 5,865 square feet;
(b) Two, five -foot -wide, paved bicycle paths, adjacent to each of the roadway
travel lanes totaling 10,730 square feet;
(c) Two seating areas totaling 50 square feet;
(d) Sixteen parking spaces covering approximately 4,336 square feet;
(e) Approximately 7,700 square feet of landscaping; and
(f) No fewer than three public access and, when appropriate, Bay Trail signs,
at the north, south and middle section of the pedestrian path,
Such improvements shall be consistent with the plans approved pursuant to
Condition 11A of this authorization and substantially conform to the plans entitled
"City of Burlingame, Public Access Improvements, Airport Blvd. Reconstruction,"
prepared by Callander Associates, originally dated March 24, 1997, and revised
April 11, 1997.
5. Pedeshlan Path. Throughout the project site, the permittee shall ensure that the
pedestrian path shall is constructed and maintained at a minimum width of five feet.
In no event shall the pedestrian path be less than five feet and in no event shall any
public access parking encroach or otherwise overhang the pedestrian path. The
permittee shall provide an appropriate means to separate the public access parking
from the pedestrian path and prevent encroachments into the pedestrian path.
6. Maintenance. The areas and improvements within the total approximately 37,591 -
square -foot area shall be permanently maintained by and at the expense of, the
permittee or its assignees, Such maintenance shall include, but is not limited to,
repairs to all path surfaces; replacement of any trees or other plant materials that die
or become unkempt; repairs or replacement as needed of any public access
amenities such as signs, benches, drinking fountains, trash containers and lights;
periodic cleanup of litter and other materials deposited within the access areas;
removal of any encroachments into the access areas; and assuring that the public
access signs remain in place and visible. Within 30 days after notification by staff,
the permittee shall correct any maintenance deficiency noted in a staff inspection of
the site.
1u If Do nv-4JMI d5,lll, 415 5 (.'(67
�� P.8/11
PERMIT NO. M97-18 C+ )
City of Burlingame
June 10, 1997
Page 7
7. Aaalgnment. The permittee shall transfer maintenance responsibility to a public
agency 8 t another patty acceptable to the Commission at such time as the property
transfers to a new party in interest but only provided that the transferee agrees in
writing, acceptable to counsel for the Commission, to be bound by all terms and
conditions of this permit,
8. Reasonable Rules and RosMctIons. The permittee may impose reasonable rules
and restrictions for the use of the public access areas to correct particular problems
that may arise, Such limitations, rules, and restrictions shall have first been
approved by or on behalf of the Commission upon a finding that the proposed rules
would not significantly affect the public nature of the, area, would not unduly
interfere with reasonable public use of the public access areas, and would tend to
correct a specific problem that the pem-duee has both identified and substantiated.
Rules may include restricting hours of use and delineating appropriate behavior.
D. Construction Operations. All construction operations shall be performed to prevent
construction materials from falling into the Bay, In the event that such material escapes or is placed
in an area subject to tidal action of the Bay, the permittee shall immediately retrieve and remove
such material at its expense,
E. Debris Removal. All construction debris shall be removed to a location outside the
jurisdiction of the Commission. In the event that any such material is placed in any area within the
Commission's jurisdiction, the permittee, its assigns, or successors in interest, or the owner of the
improvements, shall remove such material, at its expense, within ten days after it has been notified
by the Executive Director of such placement.
F. Nollco to Contractor. The permittee shall provide a copy of this permit to any contractor or
person working in concert with the permittee to carry out the activities authorized herein and shall
point out the special conditions contained herein.
Il Findings and Declarations
On behalf of the Commission, I find and declare that:
A. The project authorized by this permit involves reconstructing Airport Boulevard, providing
new public access improvements and stabilizing an eroding shoreline which is the placement of
inert inorganic fill that does not have a significant adverse impact on existing or future public
access, and the repairs to existing protective works, as defined by Regulation Sections 10601(b) i
and 10601(b)(4) respectively, and thus is a "minor repair or improvement" for which the Executive
Director may issue a permit, pursuant to Govemment Code Section 66632(f) and Regulation
Section 10622(a).
B. The project authorized by this permit involves reconstructing Airport Boulevard, providing
new public access improvements and stabilizing an eroding shoreline. The shoreline is currently
used by the public for fishing, viewing the Bay, bicycling and windsurfing. The new public access
improvements, which include a five -foot -wide pedestrian path, two, five -foot -wide bicycle lanes,
landscaping and parking, will make the shoreline more attractive for the public. Because of the
public access improvements, it is likely that more people will recreate along the shoreline.
However, the existing shoreline, which is protected by portions of the old San Mateo Bridge,
rtti Gf '''Jb 04;14FM'I dULK, 415 J5(
PERMIT NO. M97-18
City of Burlingame
June 10, 1997
page 9
C
C,
P. 10/11
F. Unless otherwise provided in this permit, all the terms and conditions of this permit shall
remain effective for so long as the permit remains in effect or for so long as any use or construction
authorized by this permit exists, whichever is longer.
G. Unless otherwise provided in this permit, the terms and conditions of this permit shall bind
all future owners and future possessors of any legal interest in the land and shall run with the land.
H. Unless otherwise provided in this permit, any work authorized herein shall be completed
within the time limits specified in this permit, or, if no time limits are specified in the permit, within
three years. If the work is not completed by the date specified in the permit, or, if no date is
specified, within three years from the date of the permit, the permit shall become null and void. If a
permit becomes null and void for a failure to comply with these time limitations, any fill placed in
reliance on this permit shall be removed by the permittee or its assignee upon receiving written
notification by or on behalf of the Commission to remove the fill.
I. Except as otherwise noted, violation of any of the terms of this permit shall be grounds for
revocation. The Commission may revoke any permit for such violation after a public hearing held
on reasonable notice to the permittee or its assignee if the permit has been effectively assigned. If
the permit is revoked, the Comm mission may determine, if it deems appropriate, that all or part of
any fill or structure placed pursuant to this permit shall be removed by the permittee or its assignee
if the permit has been assigned.
J. This permit shall not take effect unless the permittee executes the original of this permit and
returns it to the Commission within ten days after the date of the issuance of the permit. No work
shall be done until the acknowledgment is duly executed and returned to the Commission.
K. Any area subject to the jurisdiction of the San Francisco Bay Conservation and
Development Commission under either the McAteer-petris Act or the Suisun Marsh Preservation
Act at the time the permit is granted or thereafter shall remain subject to that jurisdiction notwith-
standing the placement of any fill or the implementation of any substantial change in use authorized
by this permit.
L. Any area not subject to the jurisdiction of the San Francisco Bay Conservation and
Development Commission that becomes, as a result of any work or project authorized in this
permit, subject to tidal action shall become subject to the Commission's "bay" jurisdiction.
M. Unless the Commission directs otherwise, this permit shall become null and void if any
term, standard condition, or special condition of this permit shall be found illegal or unenforceable
through the application of statute, administrative ruling, or court determination. If this permit
becomes null and void, any fill or structures placed in reliance on this permit shall be subject to
removal by the permittee or its assignee if the permit has been assigned to the extent that the
Commission determines that such removal is appropriate. Any uses authorized shall be terminated
to the extent that the Convnission detemiines that such uses should be terminated.
FEB 27 '98 04:45PM BCDC 415 557 3767 P.11i11
PERMIT NO. M97.18
City of Burlingame
June 10, 1997
Page 10
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and
Development Commission on the date first above written.
DRU;
JUL - 2 1997
SAN FFANCISCo BAY CONSERVATION
& DEVELOPMENT 00NIMISSION
SAM/JGJ/vm
WILL TRAVIS
Executive Director
San Francisco Bay Conservation and
Develop I Commission
By:
A. McADAM
Deputy Director
cc U. S, Army Corps of Engineers, Attn: Regulatory Functions Branch
San Francisco Bay Regional Water Quality Control Board,
Attn: Certification Section
Environmental Protection Agency, Attn: Mike Monroe -W-3-3
Callander Associates, Atm: Dan Mauer
* * * * * * * * * * * * * * * * * * * * * * *
Receipt acknowledged, contents understood and agreed to:
Executed at 4,Z OF �ll, ldif�/gpyl�r'
y - Appil ant
On ./GL �i��% By:
Csr�i of �u�s��
Title
8
EXHIBIT C
A 25 feet wide strip of improvements, in which there is a 5.0 feet wide bike lane and 20
feet wide public access improvement, approximately 1,277 + feet in length, paralleling the
easterly right-of-way line of Airport Boulevard, within the right-of-way of Airport
Boulevard, in the City of Burlingame, County of San Mateo, State of California, more
particularly described as follows:
Beginning at a point on the easterly right-of-way line of Airport Boulevard; said
point being 289+ feet south of the centerline of Beach Road as shown on Anza
Airport Park, Unit No. 1, subdivision map as recorded in the office of the County
Recorder, in Volume 61 of Maps, Pages 20 through 21 inclusive; thence
continuing northerly along the said easterly right-of-way of Airport Boulevard at a
distance of 326± feet to a point on the easterly right-of-way line of said Airport
Boulevard; thence continuing along the said easterly right of way line of Airport
Boulevard at a distance of 959+ feet to a point on the easterly right-of-way line of
Airport Boulevard as shown on Assessor Parcel No. 026-350-100 of San Mateo
County Assessor Parcel Map Book 26, page 35 in the City of Burlingame.
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