HomeMy WebLinkAbout150 Anza Boulevard - Agency Approval Letter (5)Map ID
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ABX ENGINEERING INC (Continued)
Treatment Storage and Disposal Type:
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202 GPRA Corrective Action Baseline:
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Subject to Corrective Action Universe:
Non-T,SDFs Where RCRA CA has Been Imposed Universe:
TSDFs Potentially Subject to CA Under 3004 (u)/(v) Universe:
TSDFs Only Subject to CA under Discretionary Auth Universe:
Corrective Action Priority Ranking:
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Groundwater Controls Indicator:
Operating TSDF Universe:
Full Enforcement Universe:
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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 Spent Lead Acid Batteries:
Recycler Activity Without Storage:
Manifest Broker:
Sub-Part P Indicator:
Handler - Owner Operator:
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Legal Status:
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Date Ended Current:
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Legal Status:
Date Became Current:
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Database(s)
Not reported
Not on the Baseline
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No NCAPS ranking
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2018-09-06 17:05:39. 0
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Owner
PAUL G LEININGER II
Other
Not reported
Not reported
1 FERN CT
HILLSBOROUGH, CA 94010-6115
650-552-2300
Not reported
Not reported
Not reported
Operator
RUSSELLRACHFAL
Other
Not reported
Not reported
875 STANTON RD
BURLINGAME, CA 94010
650-552-2316
EDR ID Number
EPA ID Number
1024848318
TC6362151.2s Page 191
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� STATE OF CALIFORNIA GEORGE DE KMEJIAN, Govemor
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
THIRTY VAN NESS AVENUE, SUITE 2011 •- , - . p
SAN FRANQSCO, CA 94102�080 `• I �R "�� �I •'1 '
PHONE: (413) 557-3686 � : �"�"""". ''? , - .,. _. . .
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-�.-��' �, , `:I^� l � � . . .`;�l
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A ril 19 1988 "'=`'•
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San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
450 Newport Center Drive
Newport Beach, California 92660
ATTENTION: Michael Greenwald
SUBJECT: Amendment No. Four to BCDC Permit No. 6-83
Gentlemen:
Enclosed please find an original permit, stamped "BCDC Original," and
a copy, stamped "Permittees' Copy," both executed by the Executive Director,
incorporating the amendment requested in your _letter dated Februar�22, 1988,
— _ ____--- ^_...__ _ _!_
o__BCDC Permit No. 6-83. In the amended permit, deleted language has been
��'��(¢X and adde� T-iarguage 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
declarations:
1. The amendment to the permit is not a material alteration,
as defined in Regulation Section 10822, of the project
authorized by the permit because the amendment authorizes
an additional 1.24 acres of improved landscaped public
access area and thus will not alter the character or intent
of the project.
2. The amendment to the permit is consistent with the San
Francisco Bay Plan and with the McAteer-Petris Act because
the proposed project will not adversely affect the Bay nor
public access to and enjoyment of the Bay consistent with
the project.
The project authorized by this amended permit is subject to all
conditions of the permit. Specifically, Special Conditions II-A, II-B,
and II-C are applicable and will be enforced.
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San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
April 19, 1988
Page 2
We would also appreciate your (1) completing the acknowledgment section
of the amended permit stamped "BCDC Original," which indicates that you have
read and that you understand all of the terms and conditions of the amended
permit, and (2) returning that entire "BCDC Original" to the Commission's
offices within the ten-day time period. The copy stamped "Permittees' Copy"
should be retained by you for your records along with the Notice of Completion
and Declaration of Compliance form which shall be returned to us upon project
completion.
If you should have any questions concerning the amended permit or the
procedure outlined above, again, please contact Linda Pirola of our staff.
Very truly yours,
Ori�i�a! signpd by
�+.Ic�n f?. P::,,�,'lefon
AI�AN R. PENDLETON
Executive Director
Enc.
ARP/LP/mm
� STATE OF CALIFORNIA GEORGE DEUKMEIIAN, Govemor
:
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION �-�.-•,�:
THIRTY VAN NE55 AVENUE, SUITE 2011 ,�e
SAN FRANCISCO, CA 94102�080 :
PHONE: (415) 557•3686
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
450 Newport Center Drive
Newport Beach, California 92660
ATTENTION: Michael Greenwald
Gentlemen:
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 the original permit had been issued. Moreover,
on September 7, 1983, July 23, 1985, �fy(�T October 24, 1986, and April 19,
1988, pursuant to Regulation Section x��zz 10822, the Executive Director
approved Amendment Nos. One, Two, �ipfy] Three, and Four, respectively, to
which this amended permit is hereby issued:
I. Authorization
A. Subject to the conditions stated below,
permission to do the following within the Bay and
band, at 150 Anza Boulevard, on Assessor's Parcel
and 26-342-240, immediately west of Anza Lagoon in
Mateo County:
1. Within the Bay:
the permittee is granted
within the 100-foot shoreline
Nos. 26-342-220, 26-342-230,
the City of Burlingame, San
a. Place storm drain outfall pipes;
b. Place 4,500 cubic yards of new riprap for
shoreline protection purposes and repair and
remove reinforced bar from existing riprap where
necessary, along the 1,500 liner feet of Bay
shoreline; and
a
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 2
c. Construct and use a 60-foot-long, 3,400-square-
foot fishing pier.
2. Within the 100-foot Shoreline Band:
a.
�
c.
Construct and use a 4,300-square-foot portion of
a 51,634-square-foot hotel;
Construct and use a 4,353-square-foot portion of
a 9,000-square-foot combination restaurant/public
services building;
Place and use 100,260 square feet of paving for
vehicle circulation and 103 of the 430 parking
spaces ; �fpl�7
d. Place 8,300 cubic
landscape and use
acres) for public
square feet (2.5
shoreline; and
yards of clean earth fill,
171,056 square feet (3.92
access including 109,336
acres) for a park along the Bay
e. Install, landscape, and use 54,050 square feet
(1.24 acres) for public access around the
southeastern shoreline of Anza Lagoon.
B. This amended authority is generally pursuant to and limited by
your applicati•on dated February 14, 1983, and your letters dated August 31,
1983, requesting Amendment No. One, May 22, 1985, requesting Amendment No.
Two, �fyl�i July 10, 1986, requesting Amendment No. Three, and February 22,
1988, requesting Amendment No. Four, including all accompanying and subsequent
exhibits, including Exhibits A, �plgT B, and C attached, but subject to the
modifications required by conditions hereto.
C. Work authorized herein for the project must commence prior to
September 1, 1984, or this amended permit will lapse and become null and
void. Such work must also be diligently prosecuted to completion, and must
be completed �d� by January 1, 1987, y6yf��}f¢16�� �'� ¢�(�Xj(t��,{ unless an
extension of time is granted by further amendment of this amended permit
prior to its expiration. Work authorized herein for Amendment No. Four must
commence rp ior to July 1, 1988, and must be completed by July 1, 1989.
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 3
D. This project will provide approximately �',l�z 5.16 acres
(X7X.i�181� 225,106 square feet) of landscaped public access improvements
within the 100-foot shoreline band, and in addition, will provide approxi-
mately 5,600 square feet of landscaped public access outside the 100-foot
shoreline band, along 1,500 linear feet of Bay shoreline and X���� 2,020
linear feet of lagoon shoreline in the City of Burlingame, San Mateo County.
II. Special Conditions
The amended 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.
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 dimensions of all
pathways, public access areas, structures,
parking spaces, benches, tables, trash
containers, lighting, and a list of the names anc
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,
�
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 4
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 amended
permit, (c) maximizing the attractiveness of the
public access area, and (d) 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 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 Commission. 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 amended 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
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.
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 5
B. Public Access
1. Area. Prior to the commencement of construction
authorized herein, and including the construction
of improvements authorized by Amendment No. Four, the
permittee shall, by instrument or instruments accept-
able to counsel for BCDC, dedicate to a public agency
or otherwise guarantee rights for the public for access
or walking, sitting, viewing, fishing, picnicking and
other related purposes, to the areas generally shown
on Exhibits A and C as public access, and prior to use
or occupancy of any facility authorized herein and
until this amended permit is further 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 "Granada Royale Hometels
�(Embassy Suites)," dated August 24, 1986, prepared by
Blunk Associates, Architects and Callander Associates,
Landscape Architects. The up blic access improvements
authorized by Amendment No. Four, and as described in
(c) below, shall be constructed and completed substan-
tially in accord with the preliminary landscape �lan
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 6
entitled "Parcel 10 Shoreline, Preliminary Site
Development Plan,' dated February 22, 1988, prepared
by Callander Associates Landscape Architects:
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 171,056 square feet of landscaped
public access improvements along the Bay and Anza
Lagoon shorelines, including a 2.5-acre park on
the peninsula as shown on Exhibit B, attached;
c. Placement of 54,050 square feet (1.24 acres) of
irrigated landscaped public access improvements
along the southeast shoreline of Anza Lagoon as
shown on Exhibit C attached.
¢� d. Placement of a z���� 3,520-linear-foot,
10-foot-wide pedestrian/bicycle pathway system
along the Bay and Anza Lagoon as shown on
Exhibits B and C, attached;
�� e. Placement of benches and trash receptacles within
the public access areas at locations approved
pursuant to Special Condition II-A-1;
�� f. Placement of ��y� six 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;
�� g. Placement of not less than 20 designated public
parking spaces at locations approved pursuant to
Special Condition II-A-1; and
�� h. The public restroom facilities shall be readily
identifiable from the shoreline, remain open
during daylight hours, and be free of charge.
PERMIT N0. 6-83
(Zssued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 7 �
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.
C. Permit Recording. Prior to the commencement of construction, the
permittee shall record this amended permit or a notice referring to this
amended 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 amended 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 p�oject. Although the fishing
pier does not extend to deep water, the Commission finds that it will improve
PERMIT NO. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 8
fishing opportunities along this section of shoreline which is now heavily
used by fishermen. 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 x�,!$ 15.74-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 and includes a strip of land totalling 1.24 acres on the south-
east shoreline of the Lagoon. About 4.6 acres of the x�,!$ 15.74-acre site
are in Anza Lagoon. The project site has 1,500 linear feet of Bay shoreline
and X,��'JX�' 2,020 linear feet of Lagoon shoreline. Of the $',!p! 11.14-acre
dry land.portion of the site, $,l�' 6.64 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.
The permittee proposes a total of �,lxz 5.36 acres of public
access improvements on the �,1� 11.14 acres of dry land at the site.
�c����x�����x� �z ���¢��c� �� ��� x�e������ �����x�c�r� ���� ��zx �� z�������
���` 1�}��X,�1� �¢¢f��� P�k��`I���`!�� �Y�� �fAn additional 5, 600 square feet outside the
Commission's jurisdiction will also be improved for public access. Approxi-
mately 6,000 square feet of the ground floor area of the restaurant structure
will be used for public services and some commerical 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
z���� 3,520 linear feet of Bay and Lagoon shoreline. Public access
improvements along the southeastern shoreline of Anza Lagoon consist of a
54,050-square-foot (1.24 acres) landscaped area including a 10-foot-wide,
720 foot long pedestrian/bicycle pathway system along the Lagoon edge and a
4,600-square-foot paved plaza area furnished with benches and a trash recept-
able. Public access widths vary from a minimum of 30 feet to over 100 feet
along this portion of the Lagoon. A 2.5-acre park is located at the end of
the peninsula and a 60-foot-long, 3,400-square-foot fishing pier is located
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1968)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 9
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
shoreline 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 minmum width...." An exhibit to
the guidelines shows a conceptual 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 2.5-acre park
area on the peninsula, ��� the 3,400-square-foot fishing pier, and the
1.24-acre of up blic access along the southeastern shoreline of Anza Lagoon
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 2.5-acre park, the public
amenities provided in the restaurant structure, ��� the fishing pier,
���� 7z ���¢��� �� ��� ����¢X��¢ ���� �������� ��� ���X�� ��¢���� and the
1.24-acre up blic access area on the southeastern shoreline of Anza Lagoon 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.
D. Public Trust. By this amended permit, the Commission determines
that the proposed project is consistent with public trust needs.
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 10
E. Traffic. Working with Commission staff, the Metropolitan
Transportation Commission (MTC) has recently completed a study relating
recently proposed developments 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 with
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. Pursuant to Regulation Section X��X� 11501, Amendment
Nos. One, Two, ��� Three, and Four are categoricaily exempt from the
requirement to prepare an environmental impact report.
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.
N. 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
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 11
to be performed, whenever any of these may be required. This amended permit
does not relieve the permittee 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 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 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 amended 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 amended
permit and the amended permit itself and agrees to be bound by all terms and
conditions of the amended permit, and the assignee is accepted by the
Executive Director as being reasonably capable of complying with the terms of
the amended permit.
F. Unless otherwise provided in this amended permit, all the terms and
conditions of this amended permit shall remain effective for so long as the
amended permit remains in effect or for so long as any use or construction
authorized by this amended permit exists, whichever is longer.
G. Unless otherwise provided in this amended permit, 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 permit, any work
authorized herein shall be completed within the time limits specified in this
amended permit, or, if no time limits are specified, within three years. If
the work is not completed by the date specified in the amended permit, or, if
no date is specified, within three years from the date of the amended permit,
the amended permit shall become null and void. If this amended permit becomes
null and void for a failure to comply with these time limitations, any fill
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 12
placed in reliance on this amended 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
amended permit shall be grounds for revocation. The Commission may revoke any
amended permit for such violation after a public hearing held on reasonable
notice to the permittee or its assignee if the amended permit has been
effectively assigned. If the amended permit is revoked, the Commission may
determine, if it deems appropriate, that all or part of any fill or structure
placed pursuant to this amended permit shall be removed by the permittee or
its assignee if the amended permit has been assigned.
J. This amended permit shall not take effect unless the permittee
executes the original of tnis amended permit and returns.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 permit.
L. Any area not subject to the jurisdiction of
Conservation and Development Commission that becomes,
or project authorized in this amended permit, subject
become subject to the Commission's "bay" jurisdiction
highest tidal action.
the San Francisco Bay
as
to
up
a result of any work
tidal action shall
to the line of
M. Unless the Commission directs otherwise, this amended permit shall
become null and void, if any term, standard condition, or special condition of
this amended permit shall be found illegal or unenforceable through the
application of statute, administrative ruling, or court determination. 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 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 determines that such
uses should be terminated.
,
PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR .
San Francisco International Airport
Hotel (On-The-Bay) Limited Partnership
Page 13
Executed at San Francisco, California, on behalf of the San Francisco
Bay Conservation and Development Commission on the date first above written.
Ori�inal signed �y
Alt�n !2. FLnc;i.;ion
ALAN Rr PENDLETON
Executive Director
Enc.
8762A-04/19/88
ARP/LP/mm
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: Tom Yokum, P-5
Ur]j� ed Suites Development Corporation, Attn: Paul Salisbury
!�ty of Burlingame, Attn: Public Works Department
�State Lands Commission, Attn: Fred Sledd
A. W. Management, Attn: Larry ,7eney
Callander Associates, Attn: Margaret Fahringer
* * * * * * * * * *
Receipt acknowledged, contents understood and agreed to:
Executed at
Applicant
On
By:
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PERMIT N0. 6-83
(Issued on April 25, 1983, As
Amended Through April 19, 1988)
AMENDMENT N0. FOUR
SAN FRANCISCO INTERNATIONAL AIRPORT
HOTEL (ON-THE-BAY) LIMITED PARTNERSHIP
NOTICE OF COMPLETION AND DECLARATION OF COMPLIANCE
San Francisco Bay Conservation
and Development Commission
Thirty Van Ness Avenue, Room 2011
San Francisco, California 94102
Gentlemen:
You are hereby informed that the work authorized by the above-referenced
amended permit was completed on ,
I have personally reviewed the terms and conditions of the amended
permit, the final plans approved by or on behalf of the Commission,
and the completed project and hereby certify that the project is in compliance
with all terms and conditions of the amended permit and conforms to the plans
previously reviewed and approved by or on behalf of the Commission. I further
certify that all conditions of the amended permit, particularly with regard to
plan review, public access areas and improvements, recordation, open space
restrictions and other special conditions have been met.
I, , hereby declare under penalty of
perjury that the foregoing is true and correct and that if called upon to
testify to the contents of this notice, I would so testify.
Executed on this day of , 19 , at
, California.
Permittee
Title