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Home My WebLink About150 Anza Boulevard - Agency Approval Letter (2)Map ID Direction Distance Elevation M81 West 1/8-1/4 0.146 mi. 770 ft. MAP FINDINGS Site VIBRANT SCIENCES LLC 849 MITTEN BURLINGAME, CA 94010 Site 1 of 63 in cluster M Relative: San Mateo Co. BI: Higher Name: Actual: Address: g ft, City,State,Zip: Region: Facility ID: Prog Element Code Record Id: Description: Facility Status: Program Category: VIBRANT SCIENCES LLC 849 MITTEN BURLINGAME, CA 94010 SAN MATEO FA0049671 GENERATES <27 GAL/YEAR PR0068148 GENERATES <27 GAL/YEAR Active, billable HAZARDOUS WASTE PROGRAM EDR ID Number Database(s) EPA ID Number San Mateo Co. BI 5113758962 N/A Name: VIBRANT SCIENCES LLC Address: 849 MITTEN City,State,Zip: BURLINGAME, CA 94010 Region: SAN MATEO Facility ID: FA0049671 Prog Element Code: STORMWATER ANNUAL INSPECTION FEE Record Id: PR0068151 Description: STORMWATER ANNUAL FEE - INSP FREQ EVERY 2 YRS Facility Status: Inactive, non-billable Program Category: STORMWATER Name: VIBRANT SCIENCES LLC Address: 849 MITTEN City,State,Zip: BURLINGAME, CA 94010 Region: SAN MATEO Facility ID: FA0049671 Prog Element Code: STORES HAZ MAT <219GAL,1,999LB, 879FT3 Record Id: PR0079985 Description: STORES HAZ MAT <219GAL,1,999LB, 879CF Facility Status: Active, billable Program Category: BUSINESS PLAN PROGRAM Name: Address: City,State,Zip: Region: Facility ID: Prog Element Code: Record Id: Description: Facility Status: Program Category: VIBRANT SCIENCES LLC 849 MITTEN BURLINGAME, CA 94010 SAN MATEO FA0049671 SML QUANTITY GENERATOR(1-1991bslMo) OFF-SITE PR0068003 SQG OFF-SITE TREATMENT (1-199 LB/MO) Inactive, non-billable MEDICAL WASTE TC63621512s Page194 ~ r T ` � �^ . /.i' O � . . � � � GFbT�1`,E DE�,'F?��',;iAP! STATE Of CALIFORNIA ��I JR„ Gorernor • SAN. FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 VAN NE55 AVENUE SAN fRANCI5CO3 CAIIFORNIA 94102 � PHONE: 537.3686 Hometel Development Corporation 3183-G Airway Avenue Costa Mesa, California 92626 ATTENTION: Robert Woolley Gentlemen: F � , 3 ., � � �, tr' '' � 5+ ,r� _'� r � Y JuJG V 1��;;,5:� �� PERMIT NO. 6-83 August 25, 1983 �d �� :; Au � ; ' ��S:�j: `---� JHCt �R'niYvi�)�U Clii 4U��tfZVti�{�i: R� DEV�LC'Pltil:.',�Ii v�lip�SVfiJSi�Jii On April 21, 1983, the San Francisco Bay Conservation and Development Commission, by a vote of 18 affirmative, 0 negative, and 1 abstention, approved the resolution pursuant to which this permit is hereby issued: I. Authorization A. Subject to the conditions stated below, the permittee is granted permission to do the following within the Bay and within the 100-foot shorelin� band, at 150 Anza Boulevard, on Assessor's Parcel Nos. 26-342-220, 26-342-230, and 26-342-240, immediately west of Anza Lagoon in the City of:Burlingame, San Mateo County: 1. Within the Bay: a. Place two, 12-inch diameter storm drain pipes; b. Repair and remove reinforced bar from riprap where necessary, along the 1,500 linear feet of Bay shoreline; and c. Construct and use a 60-foot-long, 3,400-square- foot fishing pier. 2. Within the 100-foot Shoreline Band: a. Construct and use a 5,000-square-foot portion of a 56,000-square-foot hotel; b. Construct and use a 4,353-square-foot portion of a 9,000-square-foot combination restaurant/ public services building; �. ,. ., ' ,, ' . � � . � PERMIT NO. 6-83 Hometel Development Corporation Page Two c. Place and use 100,260 square vehicle circulation and 103 spaces; and feet of paving for of the 430 parking d. Place and use 170,894 square feet (3.92 acres) of landscaping for public access including 106,885 square feet (2.45 acres) for a park. B. This authority is generally pursuant to and limited by your application dated February 14, 1983, including all its accompanying and subsequent exhibits, including Exhibits A and B attached, but subject to the modifications required by conditions hereto. C. Work authorized herein for the project must commence prior to September l, 1983, or this permit will lapse and become null and void. Such work must also be diligently prosecuted to completion, and must be completed within 18 months, or by March 1, 1985, whichever is earlier, unless an extension of time is granted by amendment of this permit prior to its expiration. D. This project will provide approximately 3.92 acres (170,894 sguare feet) of landscaped public access improvements within the 100-foot shoreline band, and in addition, will provide approximately 5,600 square feet of landscaped public access outside the 100-foot shoreline band, along 1,500 linear feet of Bay shoreline and 1,300 linear feet of lagoon shoreline in the City of Burlingame, San Mateo County. II. Special Conditions The authorization made herein shall be subject to the following special conditions, in addition to the standard conditions in Part IV: A. Specific Plans and Plan Review 1. Plan Review. No construction or use whatsoever shall be made of any facility authorized herein, until final 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 Commission. a. Architectural Plans. Architectural plans submitted for review shall consist of exterior elevations with building details which indicate the location, dimensions, exterior treatment, and color of all structures, outside signs, and other fixtures. . ' � • � � - PERMIT NO. 6-83 ` Hometel Development Corporation Paqe Three b. Landscaping Plans. Landscaping plans shall be prepared and signed by a licensed landscaped architect 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 dimen- sions 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 accompanied 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 or disapproval shall be based upon (a) completeness of the plan in showing the features required above, (b) consistency of the plan's criteria and information with the specific terms and conditions of this permit, (c) maximizing the attractiveness of the public access area, and (d) consistency of the plan with the recommenda- tions of the Design Review Board. In each instance, plan review shall be completed, by or on behalf of the Commission, within 45 days after receipt of the plan or plans to be reviewed, and shall consist of a letter specifically referring to the submitted plan or plans which indicates whether it or they have been approved or disapproved. 2. Changes to Approved Plans. After final plans have been approved pursuant to Special Condition II-A-1, no change shall be made to such plans without first obtaining written approval of the proposed change by or on behalf of the Com- mission. Approval or disapproval shall be made within 30 days after the proposed change has been submitted for approval and shall be based on a finding that the change complies with this permit and would not detrimentally affect public access, landscaping, 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 special condition. No structures shall be placed nor any improvement '' ' �. �: � . PERMIT NO. 6-83 Hometel Development Corporation Page Four undertaken that is not clearly shown and indicated on the approved final plans, After construction, no noticeable changes to the exterior of any structure shall be made, no additional structure shall be built, nor shall park, open space, open water, landscaping, 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. B. Public Access 1. Area. Prior to the commencement of construction authorized herein, the permittee shall, by instrument or instruments acceptable to counsel for BCDC, dedicate to a public agency or otherwise guarantee rights for the public for access for walking, sitting, viewing, fishing, picnicking and other related purposes, to the area generally shown on Exhibit A as public access, and prior to use or occupancy of any facility authorized herein and until this permit is amended such areas shall remain available to the public for such uses. 2. Instrument. An instrument submitted to counsel for BCDC's approval pursuant to Special Condition II-B--1 shall create rights in favor of the public, at least to the extent of the permittee's interest in the existing lease to the site, for the purposes indicated and shall include a map that shows the property lines and dimensions of such areas, and contains a metes and bounds description of the areas. The instrument shall be in a form suitable for recording in the county where the property is located. Approval or disapproval of the instrument shall occur within 30 days after submittal for approval and shall be based upon the sufficiency of the instrument to create the rights and duties indicated in the special condition. Within 60 days after approval, the permittee shall record the instrument and shall provide evidence of recording to the Commission. 3. Improvements. Prior to the use or occupancy of any facility authorized herein, the permittee or its assigns, shall complete the following public access improvements, substantially in accord with preliminary landscape plans entitled "Landscaping Plan, Hotel Development for Granada Royale Hometels," Sheet 2, dated January 26, 1983, pre- pared by Blunk Associates, Architecture, Planning, Interior Design, and Callander Associates, Landscape Architecture; _. • ' �` �'- . PERMIT NO, 6-83 Hometel Development Corporation Page Five a. Construction of a 60-foot-long, 3,400-square-foot wooden fishing pier on the Bay shoreline as shown on Exhibit B, attached; b. Placement of 176,494 square feet of landscaped public access improvements along the Bay and Anza Lagoon shorelines, including a 2.57-acre park on the peninsula as shown on Exhibit B, attached; c. Placement of a 2,800-linear-foot, 10-foot-wide pedestrian/bicycle pathway system along the Bay and Anza Lagoon as shown on Exhibit B, attached; d. Placement of benches and trash receptacles within the public access areas at locations approved pursuant to Special Condition II-A-1; e. Placement of five public access signs, one public fishing sign, and approximately seven public parking signs of a size, design, and with information approved by or on behalf of the Commission placed at locations approved pursuant to Special Condition II-A-1; f. Placement of not less than 20 designated public parking spaces at locations approved pursuant to Special Condition II-A-l; and g. The public restroom facilities shall be readily identifiable from the shoreline, remain open during daylight hours, and be free of charge. 4. Maintenance. All areas and improvements required by Special Condition II-B including landscaping, signs and public paths shall be permanently maintained by, and at the expense of, the permittee, any assignees, lessees, and sublessees. Maintenance shall include 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 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. 5. Riprap. Prior to use of any facility authorized herein the permittee shall remove all debris and any exposed reinforcing bar from the riprap along the shoreline and dispose of such outside of the Commission's jurisdiction. ��' PERMIT N0. 6-83 Hometel Development Corporation Page Six C. Permit Recording. Prior to the commencement of construction, the permittee shall record this permit or a notice ref�rring to this permit in accordance with applicable provisions of Government Code Section 27291.5 with San Mateo County and shall provide evidence of recording to the Commission. III. Findings and Declarations This authorization is based upon the Commission's findings and declarations that the work authorized herein is consistent with the McAteer-Petris Act, the San Francisco Bay Plan, the Commission's Amended Management Program for San Francisco Bay, and the California Environmental Quality Act for the following reasons: A. Use. San Francisco Bay Plan Map No. 9 does not designate the site for any priority use. However, a Bay Plan note for the City of Burlingame states: "Prepare precise plan and development program for waterfront; include continuous public access to Bay shoreline for viewing and fishing. Some fill may be needed." As the Bay Plan Map does not designate the site for a priority use, the proposed project is compatible with the use requirements of the Bay Plan. B. Fill for Fishing Pier. The permittee has proposed a 3,400-square- foot fishing pier along the Bay side of the project. Although the fishing pier does not extend to deep water, the Commission finds that it will improve fishing opportunities along this section of shoreline which is now heavily used by fisher- men. The Commission further notes that this section of the Bay shoreline of the Anza Airport Park Subdivision is approximately 2,000 feet long (of which about 1,500 feet are within this site) and is essentially straight. The Design Review Board accepted the permittee's assertion that the construction of the fishing pier would introduce some variety into this otherwise long, straight shoreline. Although such variety could be provided by other means, such as excavating a portion of the shoreline, the Commission finds that such an alternative would not also serve the purpose of improving fishing. Therefore, the Commission finds that the purposed fishing pier constitutes a water-oriented recreational use for which some fill may be authorized and minor fill to improve shoreline appearance and public access. C. Public Access. The 14.5-acre site is bounded by the Bay to the north, Anza Lagoon to the east, and existing development is located to the west and south. The long, irregularly-shaped parcel forms a peninsula at its eastern end. About 4.6 acres of the 19.5-acre site are in Anza Lagoon. The project site has 1,500 linear feet of Bay shoreline and 1,300 linear feet of Lagoon shoreline. Of the 9.9-acre dry land portion of the site, 5.4 acres are located within the 100-foot shoreline band. The site is flat and supports no significant plant or animal life except within the Lagoon and in the marsh vegetation along its edge. . • ' � , �,> . PERMIT NO. 6-83 Hometel Development Corporation Page Seven The permittee proposes a total of 4.12 acres of public access improvements on the 9.9 acres of dry land at the site. Approximately 72 percent of the 100-foot shoreline band will be improved for public access purposes and an additional 5,600 square feet outside the Commission's juris- diction will also be improved for public access. Approximately 6,000 square feet of the ground floor area of the restaurant structure will be used for public services and some commercial uses. The hotel is located, at its closest point, 60 feet from the shoreline, and the restaurant structure is located about 50 feet from the shoreline. The minimum width of the public access area is 35 feet, adjacent to a portion of the public parking. Public access improvements consist of a 10-foot-wide pathway running along 2,800 linear feet of Bay and Lagoon shoreline. A 2.6-acre park is located at the end of the peninsula and a 60-foot-long, 3,400-square-foot fishing pier is located across from the combined restaurant/public services building. The remainder of the shoreline is landscaped, with public access widths varying from a minimum of 35 feet to a maximum of over 100 feet. The Commission adopted public access guidelines for the Anza area. The guidelines state that an important access area should be developed on the peninsula of this site. In addition, public access widths along the Bay shore- line should average 75 feet wide with a minimum width of 40 feet or the height of the adjacent building. The minimum and average widths proposed are slightly less and the public access next to the hotel is less than its height. However, the guidelines also state: "Any exceptions to the minimum widths of public access areas shall be allowed only if the design of the building and adjacent public access is such that the public is encouraged to make greater use of the shoreline and other substantial public access areas are provided to offset the reduction in the minimum width...." An exhibit to the guidelines shows a con- ceptual plan for the development of the site similar to that proposed in this application with a major public access area on the peninsula which is the most important part of the site. The 2.6-acre park area on the peninsula and the 3,400-square-foot fishing pier offset the differences in the average and minimum widths of public access listed in the guidelines and conform to the conceptual plan accepted by the Commission as a reasonable alternative. Furthermore, during the Commission's review of the public access guidelines, the conceptual project plan for the site involved a restaurant on fill. The restaurant was perceived as an obstacle to public access, however, and the Commission stated that no portion of the structure should be located on fill. In finalizing the design of the project, the permittee relocated the restaurant so that not only was no fill involved but it is now 50 feet from the Bay allowing unobstructed access along the shoreline. Therefore, the Commission finds that the 2.6-acre park, the public amenities provided in the restaurant structure, and the fishing pier, with 72 percent of the shoreline band improved for public access purposes, will provide a variety of public access amenities, will provide continuous public access to and along the shoreline and will improve a significant fishing area along the Bay and, therefore, is the maximum feasible public access consistent with the proposed project. • • �' � s.J:': PERMIT NO. 6-83 Hometel Development Corporation Page Eight D. Public Trust. By this permit, the Commission determines that the proposed project is consistent with public trust needs. E. Traffic. Working with Commission staff, the Metropolitan Transportation Commission (MTC) has recently completed a study relating recently proposed develop- ments east of Highway 101 with the already strained capacity of that freeway. Highway 101 is already at capacity in several sections and the study concluded that if all the projects proposed for development east of the freeway are completed, traffic on Highway 101 may exceed capacity by 40 percent at peak hours. If that takes place, there will obviously be pressure to either widen the freeway or construct a new expressway to the east of the existing freeway. Either would require extensive fill in the Bay. The Commission finds that this project should not be treated as a precedent or encouragement for the authorization of such fill beyond that considered by the Commission in adopting the public access guidelines for this subdivision. No policies have yet been adopted to deal with the overall issue of traffic generation east of Bayshore and there is little evidence to suggest that this project by itself will lead to additional fill in the Bay. Moreover, the public access proposed is consistent with the Commission's public access guidelines for this area. Consequently, the Commission finds the project to be consistent with the Bay Plan and the McAteer-Petris Act. However, the Commission also recognizes that some policies will have to be developed in coordination with affected local, state, and regional agencies to deal witY► the overall problem to avoid the major fills that might take place if no other transit or planning alternatives are chosen. F. Environmental Impact. The City of Burlingame, the lead agency, certified the Environmental Impact Report for the proposed project on January 3, 1983. G. Conclusion. For all these reasons; the project provides maximum feasible public access consistent with the proposed project. The Commission further finds, declares, and certifies that the 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; 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 permit does not relieve the permittee of any obligations imposed by State or Federal law, either statutory or otherwise. , ' �;�+:: �>' PERMIT NO. 6-83 Hometel Development Corporation Page Nine B. The attached Notice of Commission 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 derived from this permit are assignable as provided herein. An assignment shall not be effective until the assignee shall have executed and the Commission shall have received an acknowledgment that the assignee has read and understood the application for this permit and the permit itself and agrees to be bound by all terms and conditions of the permit, and the assignee is accepted by the Executive Director as being reasonably capable of complying with the terms of the permit. 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 limites specified in this permit, or, if no time limits are specified, 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 limita- tions, 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 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 Commission 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. . • ' � � ' PERMIT N0. 6-83 Hometel Development Corporation Page Ten J. This permit shall not take effect unless the permittee executes the original of this permit and returns it to the Commission within 10 days after the date of the issuance of the permit. No work shall be done until the acknowledg- ment is duly executed and returned to the Commission. K. Any area subject to the jurisdiction of the 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 notwithstanding 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 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 up to the line of highest tidal action. 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 terminaled to the extent that the Commission determines 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. _ r �/ � � � �/ MICHAEL B. WILMAR Enc. Executive Director MBW/LMP/mm cc: U. S, Army Corps of Engineers, Attn: Regulatory Functions Branch San Francisco Bay Regional water Quality Control Board, Attn: Certification Section * * * * * * * * * * Receipt acknowledged, contents understood Executed at On By PERMIT NO. 6-83 Hometel Development Corporation Page Ten J. This permit shall not take effect unless the permittee executes the original of this permit and returns it to the Commission within 10 days after the date of the issuance of the permit. No work shall be done until the acknowledg- ment is duly executed and returned to the Commission. K. Any area subject to the jurisdiction of the 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 notwithstanding 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 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 up to the line of highest tidal action. 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 terminaled to the extent that the Commission determines 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 writtPn_ State of California ) County of San Franci�co ) On thi� 28th da}� of April , in the year 1983 , before me Stephanie Tucker per�onally appeared Michael B. Wilmar , known to me to be tt�e Executive Director of the San Franci�co Bay Conserva�ion and Development. Commi��ion and known to me to be the per�on w':�o executed the within in�trument on behalf of the San Franci�co Bay Conservation and Development Commi��ion, and ackno�•:ledged to me that t�ie San Franci�co Bay Con�ervation and Development ComT,i��ion executed the same. E" . _ :lt7t��.:1:,.�'�rr•- ;-':t!ect��. ..:�:� ...� G -- - • ' , i. . . .. � / . I . . . i �: , ' �—� -'/f� i ` r' � !l��L < - � - S EPHANIE TUCI�? :3 - _ ,_ ' ;Zotary Public � a� a .�, � a �. 0 � .� � v SA N F�tA NC I SC 0 1i�1 Y I'��hl ic ,1cc��:;:� 1�'ishin Pier �� Restaurant/ � � F'�it�l i c :;�rrvices I '� Ci ��`��{ _ ' — �,�,.��T.c=� L �. �.M � � � � , 1 , '- y .� . . . 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