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HomeMy WebLinkAbout111 Anza Boulevard - Agency Approval Letter (2)Map ID Direction Distance Elevation M85 West 1/8-1/4 0.146 mi. 770 ft. Relative: Higher Actual: 8 ft. Site MAP FINDINGS METRIGEN INC (Continued) Date Ended Current: Owner/Operator Address: Owner/Operator City,State,Zip: Owner/Operator Telephone: Owner/Operator Telephone Ext: Owner/Operator Fax: Owner/Operator Email: Owner/Operator Indicator: Owner/Operator Name: Legal Status: Date Became Current: Date Ended Current: Owner/Operator Address: Owner/Operator City,State,Zip: Owner/Operator Telephone: Owner/Operator Telephone Ext: Owner/Operator Fax: Owner/Operator Email: Historic Generators: Receive Date: Handler Name: METRIGEN INC Federal Waste Generator Description: State District Owner: Large Quantity Handler of Universal Waste: Recognized Trader Importer: Recognized Trader Exporter: Spent Lead Acid Battery Importer: Spent Lead Acid Battery Exporter: Current Record: Non Storage Recycler Activity: Electronic Manifest Broker: Not reported Not reported Not reported Not reported Not reported Not reported Not reported Owner ARE 819-869 LLC Private 2000-01-01 00:00:00. Not reported 2929 CAMPUS DR SAN MATEO, CA 94403 Not reported Not reported Not reported Not reported 2004-05-12 00:00:00.0 Small Quantity Generator Not reported No No No No No Yes Not reported Not reported EDR ID Number Database(s) EPA ID Number 1007370172 List of NAICS Codes and Descriptions: NAICS Code: 325413 NAICS Description: IN-VITRO DIAGNOSTIC SUBSTANCE MANUFACTURING Facility Has Received Notices of Violations: Violations: Evaluation Action Summary: Evaluations: HEALTHTELL LLC 849 MITTEN BURLINGAME, CA 94010 Site 5 of 63 in cluster M San Mateo Co. BI: Name: Address: City,State,Zip: Region: HEALTHTELLLLC 849 MITTEN BURLINGAME, CA 94010 SAN MATEO No Violations Found No Evaluations Found San Mateo Co. BI S123182829 N/A TC6362151.2s Page 198 , i ,� , S'� � �l2� . STATE OF CALIFORNIA EOMUND G. 6ROWN JR., Gorernor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 VAN NESS AVENUE SAN FRANCISCO, CALIFORNIA 94102 PHONE: 557J686 f� i: C �: l'V �. ..> 0 C T 3- i9�� CI'LANN NG`DEPTME The Seabreeze Partnership c/o Raiser Construction Company 800 South Claremont San Mateo, California 9�402 ATTENTION: John A. Raiser AND Anza Shareholders' Liquidating Trust 770 Airport Boulevard Burlingame, California 9�010 ATTENTION: David H. Keyston, Trustee September 29, 198� SUBJECT: Amendment No. 2 to Permit No. 6-79 Gentlemen: Attached is amended Permit No. 6-79 ineorporating the amendment requested in your letter and permit amendment application dated September 3, 1980. In the amended permit, deleted language has been �e� ea�b and added language has been underlined. I am issuing the amendment, which is included in the attached amended permit, on behalf of the Commission and upon the following findings and deciara�ion�: 1. This amendment to the permit is not a material alteration, as defined in Regulation Section 10722, of the project authorized by the amended permit because it adds a co-permittee only and does not alter the projeet in any way. 2. The amendment to the permit is consistent with the San Francisco Bay Plan and wiih the McAteer-Pe�r-is Act because it �as �o adverse impact on public access to and enjoyment of the Bay. r � ,� The Seabreeze Partnership and Anza Shareholders' Liquidating Trust September 29, 1980 Page Two Please sign the aeknowledgment section of the original amended permit indicating that you understand the contents and agree to all terms and conditions and return it to us. The copy of the amended permit is for your records. Very truly yours, Ori�in�,l /�� by b'!icha,el B. Wilmar MICHAEL B. WILMAR Executive Director Enc. I�W/SM/mm e STATE OF CALIFORNIA EDMUND G. BROWN JR., Gov�rnor SAN FRANCISCO BAY CONSERVATiON AND DEVELOPMENT COMMISSION 30 VAN NE55 AVENUE SAN FRANCISCO, CALIFORNIA 94102 PHONE: 557�3686 PERMIT N0. 6-79 (Issued on August 3, 1979, AS Amended Through September 29, 1980) AMENDMENT N0. Ti�10 The Seabreeze Partnership c/o Raiser Construction Company 800 South Claremont San Mateo, California 9��02 ATTENTION: John A. Raiser AND Anza Shareholders' Liquidating Trust 770 Airport Boulevard Burlingame, California 94010 ATTENTION: David H. Keyston, Trustee Gentlemen: On July 19, 1979, the San Francisco Bay Conservation and Development Commission, by a vote of 19 affirmative, 0 negative, approved the resolution pursuant to whieh #s�i� the original permit #e had been issued. Moreover, on Ju1y 1� 1980, and September 2� 1980, pursuant to Regulation Section 10722, the Executive Director approved Amendment Nos. 1 and 2 as follows: I. Authorization A. Subject to the conditions stated below, Anza Sharholders' Liquidating Trust and The Seabreeze Partnership, the permittees, �e-are granted permission to do trie fG1iGW137a withi� the 1C0-foot shorsline ban� on property described as Parcel "W" and a portion of State Pareel 11 at 35 Bayview Place, at the westerly end of a tidal lagoon on the Anza property in the City of Burlingame, San Mateo County: 1. Pareel "W"• a. Construct and use a 7,250-square-foot portion of a two-story parking deck; b. Construct and use a 24-foot-wide by 40-foot-long access ramp to the parking deek; and • c c. Construct and use 32 parking spaces, 13 of which are for public use. .� ,� PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, 1980) AMENDMENT N0. TWO The Seabreeze Partnership and Anza Shareholders' Liquidating Trust Page 2 2. State Parcel 11: a. Construet a landscaped public access corridor varying in width from 3� to 100 feet wide along 260 lineal feet of the lagoon shoreline that includes a path which has a minimum width of 10 feet; and b. Construct and use a 28-foot-wide by 110-foot-long portion of a public street. . B. This amended authority is generally pursuant to and limited by the application reeeived on March 28, 1979, including its accompanying exhibits, your letters of Ma� � 198� and M� 25Z 1980 requesting Amendment No. 1i and your letter of September � 1980,_ requesting Amendment No. 2z but subject to the modifications required by conditions hereto. C. Work authorized herein must commence prior to Heee�e�r �-y ��} December 1L 1980, or this amended permit will lapse and become null and void. Such work must also be diligently prosecuted to completion and must be completed by Beee�ie� �r �G December 1� 1981, unless an extension of time is granted by further amendment of the permit. D. This project will provide 20,400 square feet of new public aecess to and along the shoreline. San Mateo Square Associates will provide and maintain public access improvements on 16,695 square feet on State Parcel 11. Anza Shareholders' Liquidating Trust and The Seabreeze Partnership, the permittees, will provide and maintain improvements on 3,705 square feet on State Parcel 11. II. �ecial Conditions Tihe amended authorization �ade herein shall be subjeet te tY+e following special conditions, in addition to the standard conditions in Part IV: A. S�ecific Plans and Plan Review 1. Plan Review. No construction or use whatsoever shall be made of any facility authorized herein until final precise site, engineering, grading, architectural, and landscaping plans and any other relevant criteria, specifications, and plan information for that portion of the work have been submitted to, and approved in writing by or on behalf of the Commission. a. Architectural Plans. Architectural plans �ubmitted for review shall consist of exterior elevations with building details which indicate the location, dimensions, exterior treatment, and color of all struetures, outside signs and other fixtures. PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, 198�) AMENDMENT N0. TWO The Seabreeze Partnership and Anza Shareholders' Liquidating Trust Page 3 b. Landscaping Plans. Landscaping plans shall be prepared and signed by a licensed landseape arehitect and may be submitted as part of the architectural plans or submitted separately. In either case, such plans shall consist of grading, staking, planting, and irrigation sheets showing the location, types and dimensions of all pathways, public access areas, structures, parking spaces, benches, tables, trash containers, lighting, and a list of the names and quantity of all plant species to be used. Architectural and landscaping plans submitted for review shall be aecompanied by a letter requesting plan approval, identifying the type of plan submitted, the portion of the project involved, and indicating whether the plan is final or preliminary. Approval of disapproval shall be based upon (a) completeness of the plan in showing the features required above, (b) consistency of the plan, criteria and information with the specific terms and conditions of this authorization, and (c) consistency of the plan with the recommendations of the Design Review Board. In each instance, plan review shall be completed, by or on behalf of the Commission, within thirty (30) days after receipt of the plan(s) to be reviewed, and shall consist of a letter specifically referring to the submitted plan which indicates whether the plan has been approved or disapproved. 2. Changes to Approved Plans. After final plans have been approved pursuant to Special Condition II-A, no change shall be made to such approved plans without first obtaining written approval of the proposed change by or on behalf of the Commission. Approval or disapproval shall be made within thirty (30) days after the proposed ehange in plan has been submitted for approval and shall be based on a finding that the change complies with this authorization and would not detrimentally affeet public access, landseaping, open space, open water or other public benefits. 3. Conformity with Approved Plans. All leases, contract specifications, and all structures and improvements at the project site shall conform to the final plans approved pursuant to this condition. No structure shall be placed nor any improvement undertaken that is not clearly shown and indicated on the approved final plans. After construction, no noticeable ehanges to the exterior of any structure shall bie made, no additional structures shall be built, nor shall park, open space, open water, landscaped or public access areas be altered without first obtaining written approval by or on behalf of the Commission pursuant to Special Condition II-A-2. PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, 1980) AMENDMENT N0. TWO The Seabreeze Partnership and Anza Shareholders' Liquidating Trust Page 4 B. Notice to Private Developers and State Lands Commission. All plans required to be submitted to BCDC pursuant to Special Condition II-A-1 of this amended ep rmit, shall be submitted to San Mateo Square Associates, or .its suecessor in interest, to the City of Burlingame, and to the State Lands Commission. In addition, a copy of this amended ep rmit and the approved plans shall be provided to any person or entity leasing or otherwise obtaining a right to use any area subject to this amended ermit or participating in the construction of any building or other uses on the property. A copy oi the approved authorization with any amendments and the approved plans shall be provided to such person or entity prior to the execution of the contract or other instrument or the commencement of construction, whiehever is earlier, and shall be aecompanied by a written statement specifically calling attention to the provisions of this amended ep rmit regarding public aceess, park, plan review, and design controls. C. Public Access 1. Area. Prior to the lease of any facility authorized herein, the permittees shall, by instrument or instruments aceeptable to counsel for BCDC, dedicate to a public agency or otherwise permanently guarantee rights for aecess for walking, sitting, viewing, fishing, and other related purposes to the following public aecess areas approximately as shown on Exhibit D of the Staff Summary dated June 8, 1979: a. An area which varies in width from 47 to 100 feet along 240 lineal feet of the lagoon shoreline; and b. An area which varies in width from 31 to 69 feet along 20 feet of the lagoon shoreline immediately to the north. 2. Instruments. Instruments submitted to counsel for BCDC approval pursuant to Special Condition II-C shall ereate permanent rights in favor of the public for the purposes indicated and shall inelude a map that shows the property lines and dimensions of such areas, the 6.2 Mean Sea Level contour line (USGS, 1929 datum), and contains a metes and bounds deseription of the areas. The instruments shall be in a form suitable for recording in the county where the property is located. Approval or disapproval of the instruments shall oceur within thirty (30) days after submittal for approval and shall be based upon the sufficiency of the instruments to create the ri�ts and duties indicated in the condition. Within sixty (60) days after approval, the permittees shall record the instruments and shall provide evidence of recording to the Commission. PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, �98�) AMENDMENT N0. TWO The Seabreeze Partnership and Anza Shareholders' Liquidating Trust Page 5 3. Public Access Improvements. Prior to the use of any facility authorized herein, the permittees or fbe�their assigns shall complete the following public access improvements, all in aecord with the preliminary landscape plan entitled "Anza Baylands Master Plan--Development Plan," Sheet 2 of 2, prepared by Peter Callendar Associates, Landscape Architects, dated May 11, 1979, and with construction drawings approved pursuant to Special Condition II-A: a. Placement of berms, an irrigation system, and landscaping in the areas referred to in Special Condition II-C-1, between the two-story parking garage, Bayview Place and the lagoon; b. Placement of a paved pathway not less than 10 feet in width with a seating area and lighting and other improvements; and c. Not less than two (2) public access signs of a size, design, and with information approved by or on behalf of the Commission placed at locations shown on the plans approved pursuant to Special Condition II-C-3 above. 4. Maintenance. All areas and improvements required by �ecial Condition II-C, including landscaping, signs, and public paths shall be permanently maintained by, and at the expense of, the permittee, any assignees, and sublessees. Maintenance shall inelude repairs to all path surfaces, replacement of any plant material that dies or becomes unkempt, periodic clean-up of litter and other materials, and assuring that publie access signs remain in place and visible. Within thirty (30) days after notification by staff, the permittees shall correct any maintenance deficiency noted in a staff inspection of the site. D. Permit Recording. The permittees shall record this amended ep rmit or notice referring to this amended ep rmit with San Mateo County within thirty (30) days after execution of this authorization and shall provide evidence of recording to the Commission. E. Assignment. The permittees may make a full or partial assignment of - the rights and/or duties under this amended - ep rmit provided that the assignee is aceeptable to the Commission. The assignment shall be made in writing and clearly indicate whieh portions are assigned and which portions remain unassigned. Any assignee shall sign a written statement to the effect that he or she has read and understands the conditions of this amended ep rmit and agrees to be bound by all terms and conditions hereof. Prior to undertaking any work or uses on Parcel "W," the permittees shall assign that portion of this �^~`^��j^"` "'"' amended ep rmit relating to sueh work nd uses on State Parcel 11, indieated in S pecial Condition II-C-la, to San I�ateo Square Associates or its suecessor in �nterest. PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, 198�) AI�NDN�NT N0. TWO The Seabreeze Partnership and Anza Shareholders' Liquidating Trust Page 6 F. Waiver of Exemption for a Portion of State Parcel 11. �lithin ten (10) days of the date of this amended ermit, the permittees shall submit a letter that waives all rights whatsoever #� �ea they have or may have to claim that any work or uses pursuant to this amended ermit for State Parcel 11 are exempt from the permit requirements of the Commission pursuant to any provision of the McAteer-Petris Act or under common law. Such waiver shall be in a form acceptable to counsel for the Commission. III. Findings and Declarations This amended authorization is given on the basis of the Commission's findings and declarations that the work authorized is consistent with the McAteer-Petris Act, the San Francisco Bay Plan, and the California Environmental Quality Act for the following reasons: A. Use. The proposed commercial use and parking facilities is not in any area designated on Bay Plan Map 9 for any priority use and is therefore consistent with the Bay Plan. B. Public Access. The proposed project, subject to S�ecial Condition II-C stated herein, would provide the maximum feasible public access to the Bay shoreline, consistent with the project, and this access area would be improved and permanently set aside for the use and enjoyment of the public. The Commission specifically finds that without the public access areas required by Special Condition II-C, it could not issue this ' ' amended ermit because it could not find that maximum feasible public access consistent with the project would be provided as required by Section 66632.4 of the Government Code. C. Title. The State of California owns State Parcel 11 in fee and has leased the area to the permittees. The State Lands Commission, administrator of the state's land, stated in a letter dated May 9, 1979, that no further review of the lease was required for road improvements and public access improvements which would be provided on State Parcel 11, nor does the State Lands Commission object to the agreement between the permittees and San Mateo Square Associates to provide the public access improvements on State Parcel 11. D. Environmental Impact Report. The City of Burlingame, the lead agency, certified a Negative Declaration for the project on May 16, 1979. H. Exemption. In submitting � the original application, the permittees had reserved the right to elaim an exemption pursu�nt to Section 66632.1 of the McAteer-Petris Act. The permittees kee have agreed by accepting the terms and conditions of this amended e� rmit to waive the exemption claim as it relates to that portion of State Parcel 11, whieh is the subjeet of this amended ep rmit. PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, 1980) AMENDMENT N0. TWO The Seabreeze Partnership and Anza Shareholders' Liquidating Trust Page 7 I. Conclusion. For all the above reasons, the public benefits from the projeet elearly exceed any public detriment. The Commission fiarther finds, declares, and certifies that the activity or activities authorized herein are consistent with the Commission's Amended Management Program for San Francisco Bay, as approved by the Department of Commerce under the Federal Coastal Zone Management Act of 1972, as amended. IV. Standard Conditions A. All required permissions from governmental bodies must be obtained before the commencement of work; this includes, but is 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 eounty in which the work is to be performed, whenever any of these may be required. This amended permit does not relieve the permittees of any obligations imposed by State or Federal law, either statutory or otherwise. B. The attached Notice of Completion shall be returned to the Commission within thirty (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 and your letters dated � 8i 1980, M� 25 z 1980, and September 3i 1980. 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 permittees will be subject to the regulations of the Regional Water Quality Control Board in that region. -T�. �e ��s �v�e� €-r+s� #�#s� �� e�+e �1� � e�e�i- a� �� �e#, �e e€€�e��e rx�� �ke� see�g�ee e�e� �e e�ee�r#� � -�he� e�a ��- l�e+te �ses�� a� �� b�e a es i.$� �- �ea� ata�� �e�ee�- fi�s e�ee#�#ew €er �� e ge�#� e� b�he �� �ee3�� e� �g�ee�s� #�o- �t �eett�d �- -b�e ee��e� ��. �F�: E+ Except as otherwise noted, violation of any of the terms of this amended permit shall be grounds for revocation. The Commission may revoke any permit� or amended permit, for such violation after a public hearing held on ---reasonable notice to the permittees or to � their assignee(s) �f the permit� or amended permit, has been effectively assigned. -$: F. This amended permit shall not take effeet unless the permittees executes the original of this amended permit and returns it ta the Commission within fifteen (15) days after the date hereof. PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, 1980) AMENDMENT N0. TWO The Seabreeze Partnership and Anza Shareholders' Liquidating Trust Page 8 Executed at San Franciseo, California, on behalf of the San Francisco Bay Conservation and Development Commission on the date first above written. Ori�i��.i /S� b�r lvTichael I3, Flilr.ar MICHAEL B. WILMAR Executive Director Ene. I�W/SM/mm cc: U. S. Army Corps of Engineers, Attn: Regulatory Funetions Branch S. F. Bay Regional Water Quality Control Board, Attn: Certification Section Environmental Protection Agency, Attn: Eric Yunker, E-4-2 �City of Burlingame, Attn: John Yost, Assistant City Planner San Mateo Square Associates, Attn: John Raiser �t � * � � � � � � � Receipt acknowledged, contents understood and agreed to: Executed at Applicant On By: Title * �r * * � � � * � � Receipt acknowledged, contents understood and agreed to: Executed at _ Applicant - — On _ _ BY� - Title' c . - , PERMIT N0. 6-79 (Issued on August 3, 1979, As Amended Through September 29, 1980) AMENDMENT N0. TWO THE SEABREEZE PARTNERSHIP AND ANZA SHAREHOLDERS' LIQUIDATING TRUST NOTICE OF COMPL�TION San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue, Room 2011 San Francisco, California 94102 Gentlemen: You are hereby informed that the work authorized by the above-referenced permit was completed on Executed at �n � �9 By: Title c