HomeMy WebLinkAbout765 Airport Blvd - Agency Approval Letter, �., � ' .
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Map ID
Direction
Distance
Elevatiom
M88
West
1/8-1/4
0.146 mi.
770 ft.
Site
VIBRANT SCIENCES LLC
849 MITTEN RD STE 702
BURLINGAME, CA 94010
Site 8 of 63 in cluster M
MAP FINDINGS
Relatives RCRA NonGen / NLR:
Higher Date Form Received by Agency:
Actual: Handler Name: VIBRANT SCIENCES LLC
8 ft, Handler Address:
Handler City,State,Zip:
EPA ID:
Contact Name:
Contact Address:
Contact City,State,Zip:
Contact Telephone:
Contact Fax:
Contact Email:
Contact Title:
EPA Region:
Land Type:
Federal Waste Generator Description:
Non-Notifier:
Biennial Report Cycle:
Accessibility:
Active Site Indicator:
State District Owner:
State District:
Mailing Address:
Mailing City,State,Zip:
Owner Name:
Owner Type:
Operator Name:
Operator Type:
Short-Term Generator Activity:
Importer Activity:
Mixed Waste Generator:
Transporter Activity:
Transfer Facility Activity:
Recycler Activity with Storage:
Small Quantity On-Site Burner Exemption;
Smelting Melting and Refining Furnace F�cemption:
Underground Injection Control:
Off-Site Waste Receipt:
Universal Waste Indicator:
Universal Waste Destination Facility:
Federal Universal Waste:
Active Site Fed-Reg Treatment Storage and Disposal Facility:
Active Site Converter Treatment storage and Disposal Facility:
Active Site State-Reg Treatment Storage and Disposal Facility:
Active Site State-Reg Handler;
Federal Facility Indicator:
Hazardous Secondary Material Indicator:
Sub-Part K Indicator:
Commercial TSD Indicator:
Treatment Storage and Disposal Type:
2018 GPRA Permit Baseline:
2018 GPRA Renewals Baseline:
Permit Renewals Workload Universe:
EDR ID Number
Database(s) EPA ID Number
RCRA NonGen / NLR 1024838489
CAL000385387
2013-05-16 00:00:00.0
849 MITTEN RD STE 102
BURLINGAME, CA 94010-1308
CAL000385387
WEI WANG
849 MITTEN RD STE 102 ,STE 103
BURLINGAME, CA 94010
201-350-9552
Not reported
WEI@VIBRANTSGI.COM
Not reported
09
Not reported
Not a generator, verified
Not reported
Not reported
Not reported
Handler Activities
Not reported
Not reported
849 MITTEN RD STE 102 ,STE 103
BURLINGAME, CA 94010-1308
JOHN J RAJASEKARAN
Other
WEI WANG
Other
No
No
No
No
No
No
No
No
No
No
Yes
Yes
No
Not reported
Not reported
Not reported
Not reported
N
Not reported
No
Not reported
Not on the Baseline
Not on the Baseline
Not reported
TC6362151.2s Page 202
,
" S7A'ft OF CALIFORNIA PETE WILSON Governor
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
� THIRTY VAN NESS AVENUE, SUITE 2011
SAN FRANCISCO, CALIFORNIA 94102-6080
PHONE: (415) 557•3686
PERMIT NO. 3-97
August 15, 1997
765 Airport Boulevard Limited Partnership
351 Traeger Avenue, #380
San Bruno, California 94066
ATTENTION: Irving Chang
Ladies and Gentlemen:
On August 7, 1997, the San Francisco Bay Conservation and Development Commission, by a
vote of 17 af�rmative, 0 negative, and 0 abstentions, approved the resolution pursuant to which
this pernut is hereby issued: '
I. Authoeize�tion
A. Subject to the conditions stated below, the permittee, 765 Airport Boulevard Limited
Partnership, is granted permission to do the following work at 765 Airport Boulevard in the City
of Burlingame, San Mateo County:
Within the 100-foot shoreline band:
a. Construct, use and maintain an approximately 5,288-square-foot portion of a new 132-
room hotel, including a one-story pavilion and six-story tower, with a restaurant for
guests, meeting rooms, lounge, spa, indoor pool and laundry facility;
b. Install, use and maintain 5,036 square feet of parking, including three spaces signed for
public access use;
c. Install, use and maintain approximately 3,966 square feet of paving for pathways and
sidewalks, including a 10-foot-wide paved, disabled accessible pathway along the
shoreline; and
d. Install approximately 16,370 square feet of landscaping, as well as two seating areas with
benches and garbage receptacles.
B. This authority is generally pursuant to and limited by the perm.ittee's application received on
May 9, 1997, including all subsequent correspondence and exhibits, and subject to the
modifications required by the conditions herein.
C. The work authorized by this pernut must commence by June 30, 1998, and must be
diligently pursued to completion by June 30, 1999, unless the terms of this authorization are
changed by amendment of this permit.
�,ti �`
Dedicated to making San Francisco Bay better. AUG 1 S �997
CITY OF BURLINGA#`JIE
PLANNING DEPT.
PERMIT NO. 3-97
765 Airport Boulevard Limited Partnership
August 15, 1997
Page 2
D. The authorized project will result in the improvement and dedication of 21,427 square feet
of public access along the Sanchez Creek Lagoon in the Anza area of Burlingame, including a new,
ten-foot-wide pathway along the shoreline, landscaping, and seating areas. /
II. Special Conditions
The authorization made herein sha11 be subject to the following special conditions, in addition
to the standard conditions in Part IV:
A. 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.
B. Specific Plans and Pian Review
1. Plan Review. No work whatsoever shall be commenced pursuant to this authorization
until final precise site, grading, architectural, and landscaping plans and any other
relevant criteria, sp�cifications, and plan information for that portion of the work have
been submitted to, reviewed, and approved in writing by or on behalf of the
Commission. The specifc drawings and information required will be determined by
the staff. To save time, preliminary drawings should be submitted and approved prior
to final drawings.
2. Site, Grading, Architectural, and Landscaping Plans. Site, grading, architectural, and
landscaping plans shall include and clearly label the Mean 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.
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, or a line five feet above Mean Sea Level in
marshland, and any other criteria required by this•authorization;
(b) consistency of the plans with the terms and conditions of this authorization;
(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;
PERMIT NO. 3-97
765 Airport Boulevard Limited Partnership
August 15, 1997
Page 3
(e) consistency of the plans with the recommendations of the Design Review
Board.
Plan review shall be completed by or on behalf of the Commission within 45 days
after receipt of the plans to be reviewed.
3. 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 �xture,
lighting, landscaping, signage, landscaping, parking area, or shoreline protection
work without �rst obtaining written approval of the change(s) by or on behalf of the
Commission.
4. Discrepancies between Approved Pians 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 pernuttee 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.
C. Pubiic Access
1. Area. The approximately 21,427-square foot area, along approximately 330-lineal feet
of shoreline as generally shown on Exhibit "A" shall be made available exclusively to
the public for unrestricted public access for walking, bicycling, sitting, viewing,
iishing, picnicking, and related purposes. If the pernuttee 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.
The overall proposal for public access for this project includes:
Improved public access in the shoreline band:
21,427 square feet:
Improved public access outside of the shoreline band:
8-foot-wide view corridor.
2. Permanent Guarantee. Prior to the commencement of any grading or construction
activity; the permittee shall, by instrument or instruments acceptable to counsel for the
Commission, cledicate to a public agency or-otherwise permanently guarantee such
rights for the public to the new 21,427-square-foot public access area. The instrument
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 map that clearly shows
PERM(T NO. 3-97
765 Airport Boulevard Limited Partnership
August 15, 1997
Page 4
and labels the Mean High Tide Line, or a line five feet above Mean Sea Level in
marshland, 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.
4. Improvements Within 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 attached Exhibit A:
(a) A 10-foot-wide path along the entire 330-foot shoreline which would connect to
the existing pathway on Sanchez Creek lagoon to the north and south;
(b) Two seating areas, with two benches and two trash containers;
(c) Irrigated landscaping over the remainder of the 21,427-square-foot public access
area;
(d) No fewer than two public access and, when appropriate, Bay Trail signs, one at
the beginning of each path on the site; and
(e) Three parking spaces signed for public access parking.
Such improvements shall be consistent with the plans approved pursuant to Condition
II-A. of this authorization and substantially conform to the plans entitled "Hilton
Garden Inn," dated April 18,1997 , prepared by Callander Associates.
5. Maintenance. The ar�as and improvements within the tota121,427-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,
PERMIT NO. 3-97
765 Airport Boulevard Limited Partnership
August 15, 1997
Page 5
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.
6. Assignment. The pernuttee shall transfer maintenance responsibility to a public
agency or another party 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 pernut.
D. Reasonabie Rules and Restrictions. 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 sha11 have �rst 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 permittee has both identifed and substantiated.
Rules may include restricting hours of use and delineating appropriate behavior.
E. Visual Public Access
Visual Access. The permittee shall leave as open space and undeveloped in perpetuiry
an 8-foot-wide view corridor located on the west side of the property that the permittee
owns and that is the subject of this pernut, more fully described as a portion of
Assessors Parcel No. 026-344-120, to allow visual access from the public street to the
Bay. The view corridor is shown more precisely on Exhibit A to this pernut. The
permittee shall not allow any portion of the proposed structure or any appurtenant
structure to intrude into the view corridor, and the permittee shall landscape the view
corridor only with plants or shrubs that do not exceed three feet in height or trees with
canopies that are no less than nine feet in height and that have been approved by or on
behalf of the Commission pursuant to Special Condition II-B to this permit.
2. View Corridor Dedication or Restriction Document. Prior to the commencement of
any construction authorized herein, the permittee shall submit to the Commission's
Executive Director and receive approval of a legal instrument that dedicates to a public
entity other than the Bay Commission or otherwise restrict in perpetuity as open space
for visual access purposes the 8-foot-wide undeveloped area on the west side of the
property as required by Special Condition II-E-1 to this permit. The open space
dedication or restriction shall allow landscaping that is consistent with Special
Condition II-B of this permit. The instrument shall include a map that shows the line
of highest tidal action and a metes and bounds description of the area being restricted
as open space and shall be in a form suitable for recording in San Mateo County. The
instrument shall also allow the view corridor to be available for public access use if
and when the Commission requires the adjacent property owner to provide a physical
public access connection along the view corridor in conjunction with the development
of the parcel.
PERMIT NO. 3-97
765 Airport Boulevazd Limited Partnership
August 15, 1997
Page 6
The Executive Director shall review and either approve or disapprove the proposed
instrument within 30 days of its receipt. Approval or disapproval shall be based on the
sufficiency of the instrument to create the required open space condition. If the
Executive Director approves the instrument, the permittee shall record the instrument
within 30 days of its approval and shall thereafter provide the Commission with a
copy of the recorded instrument. If the Executive Director disapproves the instrument,
the pernuttee shall correct all deiiciencies and resubmit the corrected instrument for
further staff review within 30 days of receipt of the written notification of disapproval.
The Executive Director shall then review the conected instrument in accordance with
this review procedure, and the permittee shall record the approved instrument within
30 days of its approval.
3. Maintenance of Landscaping. The permittee or its assignees shall maintain the view
corridor in perpetuity. Maintenance shall consist of the regular trimming of shrubs and
any plants to, prevent their exceeding three feet in height and clearing and replacing of
any dead plants.
4. Conversion to Pathway. If and when the adjacent parcel is developed for public
access purposes, the permittee shall submit for approval by or on behalf of BCDC
plans for and fully implement reasonable changes to the landscaping that have been
approved and installed pursuant to this pernut to provide an 8-foot-wide, attractively
landscaped, shoreline pathway connection shared between the two parcels.
F. Notice to Contractor. The permittee shall provide a copy of this pernut to any contractor or
person working in concert with the pernuttee to carry out the activities authorized herein and shall
� point out the special conditions contained herein.
G. Recording. The permittee shall record this document or a notice specifically referring to
this document with San Mateo County within 30 days after execution of the permit issued
pursuant to this authorization and shall, within 30 days after recordation, provide evidence of
recordation to the Commission. •
H. Notice of Assignment
1. Notice to Buyers. Prior to entering into any agreement to sell or otherwise transfer any
property interest to any third party, the permittee, or any assignee of this permit or any
part of it, shall provide the party with a copy of this permit and shall call his or her
attention especially to the provisions regarding public access, and the need to obtain
approval of construction plans prior to any construction.
2. Partial Assignment of Permit. Within ten days after executing any agreement to sell or
otherwise transfer any interest in the subdivision to a buyer, the transferor(s) shall (a)
notify the Commission of the nature of the transfer, the name address and telephone
number of the buyer and the date of the transfer, and (b) shall also submit a partial
assignment of this permit for the area transferred that has been executed by the buyer
indicating that the buyer has read, understood, and agreed to the terms and conditions
of this pernut.
PERMIT NO. 3-97
765 Airport Boulevazd Limited Partnership
August 15, 1997
Page 7
III. Findings and Declarations
This pernlit is issued on the basis of the Commission's findings and declarations that the
authorized work is consistent with the McAteer-Petris Act, and the San Francisco Bay Plan, the
California Environmental Quality Act, and the Commission's Amended Management Program for
San Francisco Bay, for the following reasons:
A. Use. Bay Plan Map No. 9 does not designate the site for any priority land use, thus the use
of the site for a hotel is consistent with the designation for the site.
B. Public Access. The authorized project is located in an area of the Burlingame shoreline
designated the "Anza Area" in which disputes over state ownership and private use of the area led
to the adoption by the Commission and by the City of Burlingame of a set of guidelines for public
access that is used as general criteria for evaluating the adequacy of public access for specific
projects. The relevant "Anza Area Guidelines" state, in part, that:
a. "These guidelines.are intended to be general in nature and, therefore, it is expected that
individual developments will vary somewhat from the specific numbers included in
these guidelines. However, any reduction in the amount or widths of public access or
other amenities should not be accepted unless there is a corresponding and offsetting
improvement in public access to the Bay through some other aspect of the design not
contemplated by these guidelines because of their general nature....Individual pernut
applications must still be evaluated on a case by case basis to deternune whether the
public access proposed is the maximum feasible for that speci�c site and use."
b. "Public access should average 65 feet in width along the remainder of the entire
shoreline of Sanchez Creek.Lagoon as measured from the line of highest tidal action."
The proposed Public Access area would be approximately 65 feet wide on average
with the narrowest point at 40 feet wide at the vehicle turnazound. The most prominent
point of the building is approximately 66 feet in height.
c. "Building heights along Sanchez Creek Lagoon should progress from a maximum of
iive stories above the elevation of existing curb grade at each end of the Lagoon to a
maximum of two stories adjacent to State Parcel One at the center of the Lagoon."
d. "Public access connections from Airport Boulevard to the Sanchez Creek Lagoon
should be provided every 200 to 400 feet to encourage public use and awareness of
the access along the Lagoon. These areas should provide a direct physical and visual
connection to the public access along the Lagoon, be landscaped and be free of service
or parking uses that can detract from the purpose of the connections."
The authorized project includes a six-story, approximately 66-foot-tall hotel building along
the Sanchez Creek Lagoon. However, the building appeazs to be 59 feet tall at the eaves
and about 66-feet tall at the mid-point of the ridge, where it would front on Sanchez Creek
Lagoon. The permittee evaluated a number of configurations for the hotel and found that
the authorized design, which orients the building at an angle from the public access path
and places the one-story pavilion adjacent to the shoreline, minimizes the impact of the
additional story on public access. Although not providing a connection to the shoreline
from Airport Boulevard at this time due to the constraints created by the need for project
parking, the pernuttee is providing a landscaped strip such that, at the time the adjacent
PERMIT NO. 3-97
765 Airport Boulevard Limited Partnership
August 15, 1997
Page 8
parcel is developed, a new connection to the shoreline could be created using lands of both
adjoining parcels. In the intervening time, Special Condition II-E requires the dedication of
this area as an attractively landscaped view corridor, to be converted to a physical public
access pathway connection in the future.
The Design Review Board considered the project both in terms of the general McAteer�
Petris Act requirement for maximum feasible public access consistent with the project and
in relation to the Anza Area Guidelines. In general, the Board found that the proposed
design works well, given the constraints presented by the size and con�guration of the
parcel. Further, it found that the way the building steps down toward the shoreline and its
orientation away from the shoreline would provide both adequate view corridors and a
quality public access experience along the shoreline.
In evaluating whether a proposed project would provide the maximum feasible public
access consistent with a proposed project, the Commission is guided, in part, by the recent
U.S. Supreme Court decisions which generally require that a condition of approval be
generally commensurate with the impacts imposed by the project. In this case, the parcel in
question is not developed; thus, a new 132-room hotel at the site will draw both guests and
employees to the area, as well as significantly reduce the open character of the area.
In order to offset its impacts on public access, the authorized project includes a number of
public access amenities, including an attractive pathway along the shoreline, landscaping,
view corridors, benches, three parking spaces dedicated for public access users, a new
pedestrian connection to the nearest public thoroughfare, and a 21,427-square-foot area
along the shoreline that would be permanently dedicated for public use.
The Commission finds that, as designed to maximize the pleasure of the public access users
while preserving the necessary elements to allow the hotel operation to be successful, and
as conditioned to provide attractive, permanent public access areas and amenities, the
authorized project will provide the maximum feasible public access consistent with the
project, as required by the McAteer-Petris Act and San Francisco Bay Plan.
C. Environmental Impact. The City of Burlingame, the lead agency for the project, approved
a Negative Declaration for the authorized project under the California Environmental Quality Act on
March 28, 1997.
D. Conclusion. For all of the above reasons, the project will provide maximum feasible public
access to the Bay and its shoreline. Therefore, the project is consistent with the San Francisco Bay
Plan, the McAteer-Petris Act, the Commission's Regulations, and the Amended Management
Program for San Francisco Bay.
I��i�S.Tl•1LC�T1��
A. All required pernzissions from governmental bodies must be obtained before the
commencement of work; these bodies include, but are not limited to, the U. S. Army Corps of
Engineers, the State Lands Commission, the Regional Water Quality Control Board, and the city
and/or county in which the work is to be performed, whenever any of these may be required. This
pernut does not relieve the permittee of any obligations imposed by State or Federal law, either
statutory or otherwise.
PERMIT NO. 3-97
765 Airport Boulevard Limited Partnership
August 15, 1997
Page 9
B. The attached Notice of Completion and Declaration of Compliance form shall be returned to
the Commission within 30 days following completion of the work.
C. Work must be performed in the precise manner and at the precise locations indicated in
your application, as such may have been modified by the terms of the permit and any plans
approved in writing by or on behalf of the Commission.
D. Work must be performed in a manner so as to minimize muddying of waters, and if diking
is involved, dikes shall be waterproof. If any seepage returns to the Bay, the permittee will be
subject to the regulations of the Regional Water Quality Control Board in that region.
E. The rights, duties, and obligations contained in this permit are assignable. When the
permittee transfers any interest in any property either on which the authorized activity will occur or
which is necessary to the full compliance of one or more conditions to this pernut, the
permittee/transferor and the transferee shall execute and submit to the Commission a permit
assignment form acceptable to the Executive Director. An assignment shall not be effective until the
assignee executes and the Executive Director receives an acknowledgment that the assignee has
read and understands the pernut and agrees to be bound by the terms and conditions of the permit,
and the assignee is accepted by the Executive Director as being reasonably capable of complying
with the terms and conditions of the permit.
F. Unless otherwise provided in this permit, all the terms and conditions of this pernut 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 pernut, or, if no time limits are speciiied in the permit, within
three years. If the work is not completed by the date speci�ed in the pernut, or, if no date is
specified, within three years from the date of the permit, the pernut shall become null and void. If a
pernut becomes null and void for a failure to comply with these time limitations, any fill placed in
reliance on this pernut shall be removed by the permittee or its assignee upon receiving written
notification by or on behalf of the Commission to remove the %11.
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 pernuttee or its assignee if the permit has been effectively assigned. If
the pernut is revoked, the Commission may deternune, 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 pernzit shall not take effect unless the permittee executes the original of this pernut and
return it to the Commission within ten days after the date of the issuance of the permit. No work
shal] be done until the acknowledgment is duly executed and returned to the Commission.
PERMIT NO. 3-97
765 Airport Boulevard Limited Partnership
August 15, 1997
Page 10
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 pernut is granted or thereafter shall remain subject to that jurisdiction notwith-
standing the pTacement of any fill or the implementation of any substantial change in use authorized
by this pernut.
L. Any area not subject to the jurisdiction of the San Francisco Bay Conservation and
Development Corrunission that becomes, as a result of any work or project authorized in this
pernut, subject to tidal action shall become subject to the Commission's "bay" jurisdiction.
M. Unless the Commission directs otherwise, this pernut shall become null and void if any
term, standard condition, or special condition of this pernut 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 pernut 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 Commission deternunes that such uses should be ternunated.
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and
Development Commission on the date first above written.
� �
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WII�L TRAVIS
Executive Director
San Francisco Bay Conservation and
Development Commission
M_ /: � �u
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
City of Burlingame, Attn: Meg Monroe
Callander Associates, Attn: Peter Callander
* * �x * * * * �x * * �x * * � � � � * * * �
Receipt acknowledged, contents understood. and agreed to:
Executed at
Applicant
On By:
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