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HomeMy WebLinkAbout150 Anza Boulevard - Agency Approval Letter (5)Map ID Direction Distance Elevation Site MAP FINDIN(3S ABX ENGINEERING INC (Continued) 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-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: Environmental Control Indicator: Institutional Control Indicator: 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 Spent Lead Acid Batteries: Recycler Activity Without Storage: Manifest Broker: Sub-Part P Indicator: Handler - Owner Operator: 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: Owner/Operator Indicator: Owner/Operator Name: Legal Status: Date Became Current: Date Ended Current: Owner/Operator Address: OwnerlOperator City,State,Zip: Owner/Operator Telephone: Database(s) Not reported Not on the Baseline Not on the Baseline Not reported Not reported Not reported Not reported Not reported No No No No No No No NCAPS ranking No No N/A N/A Not reported Not reported No No No No Not reported 2018-09-06 17:05:39. 0 No No No No No No No 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 ' ` . , ' � 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 � : �"�"""". ''? , - .,. _. . . ;;' -�.-��' �, , `:I^� l � � . . .`;�l ; A ril 19 1988 "'=`'• P . ,,;;'„' ..w,,,,,,,,..�.:. _�; _ ------ __ ._., _:�..,,.,,,,,,,J 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. / r ;�'IaC1� rn,Cr�,,-�`I �' S �-( � D S(U �� �`-� ' ' � ' � f '` �� � �l � �'� �� `` r �, h � � ��� .r-�— ,, , `/ � - ' �U��� ,,��,-������; �;;; �;�t��.�����,C,�1�� ���,.I. �� � � f � 1 r, r-!' `�� �.r r� ,.'� �.7 `� c�._ � � �,.�:-Y,� C, n . 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: Title E, s�N rn���cisco e�r „�.��.�.�.�...��....�... ���������tf•���li�� � ��f� +�-i��t I ����I. .� ��,�� �,, ,��,� � �' � -, �- ---- -- t,,.. r�_ �� � Gfi/1NAUA FiOYALE FiOMETELS lEMOASSY SUIfES) �eo �wtw nw , �Hts ��rom r��w M�a►a�►e. c� _`-- ---- llUJ11 �SSOCI�IFl.I11CNIECI7 SCI1lF 1"' �0' 0�' C�IIUDF���SOCI�IEl.WO7UrE��ICItlECI• _._—___._"_"'__ NOfi1H AUOU91 ]I. 1�/• �--,�,-��� i �� I " ,��c�R��1s. ,. �I��r�r �7 �. ����..� : ;_,�-;�� '�� :�;,�.� �f, �, -_ � � •� �,�� � ` t� E`� �_ � ' �� , � , � -.:. � _ _._..:� � :_ � , '�." ` � ,�� � H H(I� H � W � i 9AN F(iANC19C0 BAY .�w , w .�n.....ti — � .= n�i .cnu �..n.�r — —�coc w �ouno��r — __________ =_1__' -1 7 ���-�� � ���s � __— ___-_ ,�.�� iv"'r �....��' . \ ` I /�'_ i--+ 1--• i•- `4--1•-1_�•I _ � , � ♦ 'i � l yc�,� .. .'� �� �-� y'J �J . : �_ � � ,� t ��a ' �� • �Ti��i`,�'�Tl�p. ' �` . af �� � �.r � � _ �11,,,� _ - �Y ; ����---:,� -- -- --� --- — �..�.� .._�.— l�� � .. . - �' � __ - _ � - ,����������i���� ~— � �� - � f � �' ��"i,���������il-!��li .� -- � - 1 - ' .. , �YI�H�U�1101�IEIN]MFI(l I � � ���'.��i'.�T�I � i� r���. � _ �(f �.. ..; .�. .....: ��. ..,�' f ; I I I (� - ��� , ',�����(} �.0 , I I I ��'-'� .�W�l.�kauu.""""C�. �,��.�L�� �6� �� ���� �vi:�.� `� --- ---- -� . �y �� � -, r---�- ,� �-� GfiANADA ROYALE HOMETELS l[MDnSSY SuffEs► tfo MUA Rvo , �Mt� �NOr11 /I11M M/l�q��E. CA '-�" ___ . .__ =._c---- ' Bluw AS`.UCi�lf! 1111CI�t[CI! ' C�IIM�N11�750CI�IEl.1�1/�lC�I'E��ICI�IECI• •w SCMF 1" �0' 0"_ � N0111N �i91 1�. lil� � � _7c--�—..--.y .— �,= �— �.�.-, � '__'� .— � -_� — .�..�� -- _ .�� �,';�.. ��� '_ �;�— � '- ; ( •I',� ...... . ���'��, . -� - '}� t;, ,� , ` , �S.' � I -- ' `�il�• :�� � 1111 �1l.l,l 1141� ,- _ �� , �',�,j ���I�I� ��dl < < .,—T, ; _ .:., `��1 . . � � =� �. '`_..�----._...- � ^,� ... � r .� ,...:.,...� :\-� .,., .,f,ts� 1 � � J �, r -- � `�-`- - �r,� ,; , :,�, "•� �..ti,j , <� ` _ .\„ r ` �.�.�.,.., `� �=�' , r- �z�► ucooN �Y W E-� H !A ?� W SAN FRANCISCO BAY �;�� �.. ,�ri�.-,',��F-t- �,—� —�,'�,^�.o..—�_.J. N' :''" „ TI � r ,. �..,.;ri%r� zrr .I� ��j'� - - ''� . - : 1�.. ... , ��' . .�� 1;::;,��.�.>f.�t•"�,,...: a7,-��'�' �j`r ..�i.. .i �14f•.r� - �� -- - .. .- ..... ..., i ��':.";�r�'ts�%` ANZA�LAL`OON � ���,"� �;�', A..- ;�;-- .. �.- �� — - -- �� : '-.,�„�'-'Y'�. .. � .:�� . . • =/.r "1%'�N y�iu`'' t` ' n c•' � c _ /!-1Y ��/A�ii'•: � ^. ,. _1 �M -I� VICINITY MAP PROJECT SITE KMMO WN MOOU lENCMES r__: _� \ ANZA LAGOON � �l �.__— � I . � SEABREEZE 11 ` / �' I w wwa �.e. r�n� � / � � I / EDGE Oi ERISI. ' COMG11ElE R�I� I ' �� � E413T. 1pULOEq �EAiIN6 . . ' I w000 sauew , • � . . . �� • . E[ib/. �uOL�L �[CEE� liaM �� �INM ' ' ��_ ' -_ • .� f11 N.�l-��-77M. �i ' AIRPOHT EOULEVMO �� Gd/C11ET! YEwWO MAZl1 ��pa .H �t lOf • EAISTWO fll>-R�� IC! r1AMT lMOEII � 1� Iw �. �-- Y[N1 N011 r111[11 � � Houo�r iHn ... _—_—_ .�_.�.o,w `�� A`, . ;o`B�� � �M1/AISDi /� `��.��a�IIN���� I/ r� � i h \��� � 1 I � � � ' � n I y � n I \\` ,� --}� T1EE! �; ur�us cono�T� � � Mu� uana�r�.� � � � S1RUB! nrrosvonw cn.esrouw [k/11yp11� RUM11 CURRENT VACANT PAHCEL �pIlOUXO COVEII Y�GGNMI! GIWlAl117 ClAMOMU� OMBfU� NpMZp11Ml� PARCEL 10 SHORELINE PRELININARY SITE DEVELOPMENT PLAN C� ,a�rti�� �Mtin� �WA�.� M11R�11 1 r�� �� N CAI l7.1• 3%�� " - �tlTlY73 2I22IBB U E-i H �H �"� W i � 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