HomeMy WebLinkAbout765 Airport Blvd - Agency Approval Letter (3),..
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ADVANCED CHEMBLOCKS INC (Continued)
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 Exemption:
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 Faciliry:
Active Site Converter Treatment storage and Dfsposal Facility:
Active Site State-Reg Treatment Storage and Disposal Facility:
Active Site State-Reg Handler:
Federal Facility Indicator:
Hazardous Secondary Material I�dicator:
Sub-Part K Indicator:
Commercial TSD Indicator:
Treatment Storage and Disposal Type:
2018 GPRA Permit Baseline:
2018 GPRA Renewals Baseline:
Permit Renewals Workload Universe:
Permit Workload Universe:
Permit Progress Universe:
Post-Closure Workload Universe:
Closure Workload Universe:
202 GPRA Corrective Action Baseline:
Corrective Action Workload Universe:
Subject to Corrective Action Universe:
Non-TSDFs Where RCRA CA has Been Imposed Universe:
TSDFs Potentially Subject to CA Under 3004 (u)/(v) Universe:
TSbFs Only Subject to CA under Discretionary Auth Universe:
Corrective Action Priority Ranking:
Environmental Control Indicator:
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Human Exposure Controls Indicator:
Groundwater Controls Indicator:
Operating TSDF Universe:
Full Enforcement Universe:
Significant Non-Complier Universe:
Unaddressed Significant Non-Complier Universe:
Addressed Significant Non-Complier Universe:
Significant Non-Complier With a Compliance Schedule Universe:
Financial Assurance Required:
Handler Date of Last Change:
Recognized Trader-Importer:
Recognized Trader-Exporter:
Importer of Spent Lead Acid Batteries:
Exporter of Spertt Lead Acid Batteries:
Recycler Activity Without Storage:
Manifest Broker:
Database(s)
Other
HONGWANG DU
Other
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Not on the Baseline
Not on the Baseline
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No
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No NCAPS ranking
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N/A
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Not reported
2018-09-06 17:02:29.0
No
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EDR ID Number
EPA ID Number
1024838703
TC6362151.2s Page 200
�TATF OF CALIFORNIA PETE WILSON, Govemor
A SaN FRANCISC� �6�V ��IVSE�tV/ATION A►ND DEVELOPMENT COMMISSION
THIRN YAN NESS AVENUE, S!;!?E 2011
SAN FRANCISCO, CALIFORNIA 94102-6080 '
PHONE: (415) 557-3686
PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
AMENDMENT NO.ONE
765 Airport Boulevazd Partnership, A California
Limited Partnership
851 Traeger Avenue, #380
San Bruno, California 94066
ATTENTION: Irving Chang
Ladies and Gentlemen:
�' a ^ •'�•, a �' �
@ �. El.,��.� ��%' � i � a��.. �,
JAN 2 � 1998
CITY OF BURLiN�A�E
PLANNING DEPT.
On August 7, 1997, the San Francisco Bay Conservation and Development Commission, by a
vote of 17 affumative, 0 negative, and 0 abstentions, approved the resolution pursuant to which
i� the ori ig� na1 permit �� was issued Moreover on January 8. 1998 pursuant to ``^
. _ . , . �, ^ - - ----------
which this amended�ermit is hereb is� sued:
t Authorization
A. Subject to the conditions stated below, the permittee, 765 Airport Boulevard Partnership, A
California Limited Partnership, is granted permission to do the followiiig 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; a�
d. Install approximately 16,370 square feet of landscaping, as well as two seating areas with
benches and garbage receptacles:; ,
e.
f.
f Amendment No. Onel.
Dedicated to making San Francisco Bay better.
� � PERMIT NO. 3-97
- (Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 AirportBoulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
3anuary 22, 1998
Page 2
B. This authoriry is generally pursuant to and limited by the pernuttee's application received on
May 9, 1997, and bX,vour a�lication dated Julv 11 1997, rec�uestin��Amendment No. One.
including all subsequent correspondence and exhibits, and subject to the modifications required by
the eonditions herein. .
C. The work authorized by this amended permit 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 further amendment of this amended permit.
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.
IL Special Conditions
The authorization made herein shall 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 assignee, 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. Construction Operations for Outfall Piaes and Riprap (Amendment No. One).
- - - ,. ,
other construction materials from driftin�and presentin� a,_navigation or �ollution hazard. In the
event that any such material is �laced or esca�es into an� area subJect to tidal action of the Bay. the
uermittee its assi�nee ar successor in interest or the owner of the imnrovements, shall
immediatelv retrieve and remove such material at its exnense.
�C.Specific Plans and Plan Review
1. Plan Review. No work whatsoever sh�.11 be commenced pursuant to this amended
authorization until fmal precise site, grading, architectural, and landscaping 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 Coxnmission. The specific drawings and information required will be determined
by the staff. To save time, preliminary drawings should be submitted and approved
prior to iinal drawings.
2. Site, Grading, Architectural, Enain___ eerina and Landscaping Plans. Site, grading,
architectural, enSin. eerin� and landscapmg 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
. ^ " PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998 '
Page 3
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 rype 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; '
=� (e) consistency of the plans with the recommendations of the Design Review
Board.
Plan review shall be completed by or on behalf of the Comm.ission 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 fixture,
lighting, landscaping, signage, landscaping, parking area, or shoreline protection
work without first obtaining written approval of the change(s) by or on behalf of the
Commission. � -
4. Discrepancies between Approved Plans and Special Conditions. In case of any
discrepancy between final approved plans and Special Conditions of this amended
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 a11 plans accurately and fully reflect the Special Conditions of this
amended authorization and any legal instruments submitted pursuant to this amended
authorization.
' � PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
Page 4
ED. Public Access
1. Area. The approximately 21,427-squaze 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,
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. '
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 pernuttee 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 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
and labels the Mean High Tide Line, or a line iive feet above Mean Sea Level in
marshland, the property being restricted for public access, the legal description of the
property and of the azea 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 amended authorization;
(b) Inclusion of an exhibit to the instrument that clearly shows the azea to be
reserved with a legally suf�cient 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. • �
PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A Califomia Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
Page 5 �
3. Recordation of the Instrument. Within 30 days after approval of the instrument, the
geamittee 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 Pubiic Access Area. Prior.to the use of any structure
authorized herein, the pernuttee shall install the following improvements, as generally
shown on attached Exhibit A:
(a) � 10-foat-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 pazking.
Such improvements shall be consistent with the plans approved pursuant to Condition
II-A of this amended authorization and substantially conform to the plans entitled
"Hilton Garden Inn," dated April 18,1997, prepared by Callander Associates.
5. Maintenance. The areas 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,
benches, drinking fountains, trash containers and lights; periodic cleanup of litter and
other materials deposited within the access azeas; removal of any encroachments into
the access areas; and assuring that the public access signs remain in place and visible.
Within 3U 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 pariy 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 amended permit.
' - PERMIT NO. 3-97
� (Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
Page 6
�E.Reasoncble Rules and Restrictions. The pernuttee 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 specifc problem that the permittee has both identified and substantiated.
Rules may include restricting hours of use and delineating appropriate behavior.
�F.Visual Public Access
1. �sual Access. The permittee sha111eave as open space and undeveloped in perpetuiry
an 8-foot-wide view corridor located on the west side of the property that the pernuttee
owns and that is the subject of this amended pemut, 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 amended
permit. The pernuttee shall not allow any portion of the proposed structure or any
appurtenant structure to intrude into the view corridor, and the permittee sha11
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 amended pernut.
2. View Corridor Dedication or Restriction Document. Prior to the commencement of
any construction authorized herein, the pernuttee 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 amended permit. The open
space dedicatian or restra.ction sha11 allow landscaping that is consistent with Special
Condition II-B of this amended pernut. The instrument sha11 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 conidor 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.
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 pernuttee sha11 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,
PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
7anuary 22, 1998
Page 7
the pernuttee shall correct all deficiencies 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 corrected 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 perpetuiry. 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 pernuttee 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 amended permit to provide an 8-foot-wide,
attractively landscaped, shoreline pathway connecdon shared between the two parcels.
G. Outfall Pipes and Riprap (Amendment No. One)
1.
No work whatsoever shall be commenced on the shoreline nrotection improvements
�lans in showing; the features required above. (21 consistencv of the plans with the
terms and conditions of this amended �ermit, 3 assurin tg hat an�pro�osed fill
PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
Page 8
2.
stee�er than two (horizontal) to one (verticall. The slo�e shall be created bv the
�lacement of a filter la,�protected by ripra� material of sufficient size to withstand
wind and wave g;enerated forces at the site.
any maintenance deiiciencv noted by the staff.
�I. Notice to Contractor. The pemuttee shall provide a copy of this amended pernut to any
contractor or person working in concert with the permittee to carry out the activities authorized
herein and sha11 point out the special conditions contained herein.
C-�J.Recording. The pernuttee shall record this document or a notice specifically referring to
this document with San Mateo County within 30 days after execution of the amended permit issued
pursuant to this amended authorization and shall, within 30 days after recordation, provide
evidence of recordation to the Commission.
�K.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 amended
permit or any part of it, shall provide the party with a copy of this amended 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 amended pernut 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 amended permit. �
H. Maintenance of Outfall Pipes and Riprap ( Amendment No. One). The outfall pines and
shoreline �rotection improvements authorized in Sections I-A-1-e and I-A-1-f herein shall be
PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
Page 9
III. Findings and Declarations
This amended permit 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 Qualiry Act, and the Commission's Amended Management Program for
5an Francisco Bay, for the following reasons:
A. Use. Bay Plan Map No. 9 does not designate the site for any priority land use. 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 accepteii 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 permit
`�' applications must still be evaluated on a case by case basis to determine whether the
public access proposed is the maximum feasible for that specific 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 azea would be approximately 65 feet wide on average
with the narrowest point at 40 feet wide at the vehicle turnaround. 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
five 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 appears 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
PERMIT NO. 3-97 �
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998 .
Page 10
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 permittee is providing a landscaped strip
such that, at the time the adjacent 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 connecdon in the future.
The Design Review Board considered the project both in tern�s 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 configuration of the pazcel. Further, it found that the way
the building steps down towazd 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 neazest public thoroughfare, and a 21,427-square-foot azea 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 Declazation for the authorized project under the California Environmental Quality Act on
March 28, 1997.
�E.Conciusion. For a11 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.
. ' " PERMIT NO. 3-97
" (Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevazd Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
Page 11 ,
{V. Standard Conditions
A. All required permissions from governmental bodies must be obtained before the
commencement of work; these bodies include, but aze not limited to, the U. S. Army Corps of
Engineers, the State Lands Commission, the Regional Water Quality Control Board, and the ciry
and/or county in which the work is to be performed, whenever any of these may be required. This
amended permit does not relieve the pernuttee of any obligations imposed by State or Federal law,
either statutory or otherwise.
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 amended pernut 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 amended pernut are assignable. When
the pernuttee transfers any interest in any properiy either on which the authorized activity will occur
or which is necessary to the full compliance of one or rnore conditions to this amended permit, the
pernuttee/transferor and the transferee shall execute and submit to the Commission a pernut
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 amended pernut and agrees to be bound by the terms and conditions of
the amended pernut, and the assignee is accepted by the Executive Director as being reasonably
capable of complying with the terms and conditions of the amended permit.
F. Unless otherwise provided in this amended pernut, all the terms and conditions of this
amended pernut shall remain effective for so Iong as the amended permit remains in effect or for so
long as any use or construction authQrized by this amended pernut exists, whichever is longer.
G. Unless otherwise provided in this amended pernut, the terms and conditions of this
amended 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 amended pernut, any work authorized herein shall be
completed within the time limits specifed in this amended permit, or, if no time limits are specified
in the amended pernut, within three years. If the work is not completed by the date specified in the
amended permit, or, if no date is speci�ed, within three years from the date of the amended pernut,
ttie amended permit shall become null and void. If an amended pernut becomes null and void for a
failure to comply with these time limitations, any fill placed in reliance on this amended permit shall
be removed by the permittee or its assignee upon receiving written noti�cation by or on behalf of
the Commission to remove the fill.
PERMIT NO. 3-97
(Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevard Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
Page 12
I. Except as otherwise noted, violation of any of the terms of this amended permit shall be
grounds for revocation. The Commission may revoke any amended pernut for such violation after
a public hearing held on reasonable notice to the permittee or its assignee if the amended pernut has
been effactively assigned. If the amended permit is revoked, the Commission may determine, if it
deems appropriate, that all or part of any �11 or structure placed pursuant to this amended pernut
shall be removed by the pernuttee or its assignee if the amended permit has been assigned.
J. This amended pernut shall not take effect unless the pemuttee executes the original of this
amended permit and return it to the Commission within ten days after the date of the issuance of the
amended 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 amended permit is granted or thereafter shall remain subject to that jurisdiction
notwithstanding the placement of any fill or the implementation of any substantial change in use
authorized by this amended pemut.
L. Any area not subject to the jurisdiction of the San Francisco Bay Conservadon and
Development Comrnission that becomes, as a result of any work or project authorized in this
amended pernut, subject to tidal action shall become subject to the Commission's "bay" jurisdic-
tion.
M. Unless the Commission directs otherwise, this amended permit shall become null and void
if any terxn, standard condition, or special condition of this amended pernut sha11 be found illegal
or unenforceable through the application of statute, administrative ruling, or court deternunation. If
this amended permit becomes null and void, any fill or structures placed in reliance on this
amended permit shall be subject to removal by the permittee or its assignee if the amended pernut
has been assigned to the extent that the Commission determines that such removal is appropriate.
Any uses authorized sha1I be terminated ta the extent that the Commission deternunes that such
uses should be terminated.
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and
Development Commission on the date first above written.
WII,I, TRAVIS
Executive Director
San Francisco Bay Conservation and
Development Commission
WT/CR/vm
n e
' ' PERMIT NO. 3-97
" (Issued on August 15, 1997, As
Amended Through January 22, 1998)
765 Airport Boulevazd Partnership,
A California Limited Partnership
AMENDMENT NO.ONE
January 22, 1998
. Page 13
cc: U. S. Army Corps of Engineers, Attn: Regulatory Functions Branch
San Francisco Bay Regional Water Quality Control Board,
Atm: Certification Section _
Environmental Protection Agency, Attn: Mike Monroe, W-3-3
City of Burlingame, Attn: Meg Monroe
Callander Associates, Attn: Peter Callander
Callander Associates, Attn: Mark Slichter
* * * �x * * * * * * � * * * * * �x �x * * * * *
Receipt acknowledged, contents understood and agreed to:
Executed at __
Applicant
On By:
Tifle