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HomeMy WebLinkAbout150 Anza Boulevard - Agency Approval Letter (6)Map ID Direction Distance Elevation H76 SSW 1/8-1/4 0.134 mi. 708 ft. Site MAP FINDINGS AESCULAP INSTRUMENTS CORP (Continued) Address: City,State,Zip: ABX ENGINEERING INC 875 STANTON RD BURLINGAME, CA 94010 Site 4 of 6 in cluster H 875 STANTON RD BURLINGAME, CA 94010 Relative: RCRA NonGen / NLR: Higher Date Form Received by Agency: Actual: Handler Name: ABX ENGINEERING INC 8 ft. Handler Address: Handler City,State,Zip: EPA ID: Contact Name: Contact Address: Contact City,State,Zip: Contact Telephone: Contact Fax: Contact Email: Contact Title: EPA Region: Land Type: Federal Waste Generator Description: Non-Notifier: Biennial Report Cycle: Accessibility: Active Site Indicator: State District Owner: State District: Mailing Address: Mailing City,State,Zip: Owner Name: Owner Type: Operator Name: Operator Type: Short-Term Generator Activity: Importer Activity: Mixed Waste Generator: Transporter Activity: Transfer Facility Activity: Recycler Activity with Storage: Small Quantity On-Site Burner Exemption: Smelting Melting and Refining Furnace Exemption: Underground Injection Control: Off-Site Waste Receipt: Universal Waste Indicator: Universal Waste Destination Facility: Federal Universal Waste: Active Site Fed-Reg Treatment Storage and Disposal Facility: Active Site Converter Treatment storage and Disposal Facility: Active Site State-Reg Treatment Storage and Disposal Facility: Active Site State-Reg Handler: Federal Facility Indicator: Hazardous Secondary Material Indicator: Sub-Part K Indicator: Commercial TSD Indicator: 1000182013 RCRA NonGen / NLR 1024848318 CAL000403803 2015-01-15 00:00:00.0 875 STANTON RD BURLINGAME, CA 94010 CAL000403803 RUSSELLRACHFAL 875 STANTON RD BURLINGAME, CA 94010 650-552-2316 650-259-8750 ZINA@ABXENGINEERING.COM Not reported 09 Not reported Not a generator, verified Not reported Not reported Not reported Handler Activities Not reported Not reported 875 STANTON RD BURLINGAME, CA 94010 PAUL G LEININGER II Other RUSSELLRACHFAL Other No No No No No No No No No No Yes Yes No Not reported Not reported Not reported Not reported N Not reported No EDR ID Number Database(s) EPA ID Number TC6362151.2s Page 190 • ` �;; �; � ` PET! w�tSON »TATE OF CALIFORNIA Goverrror SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION � TH:RN VAN NE55 AVENUE, SUITE 2011 ;� �,- SAN FRANCISCO, CA 94102-6080 � PHOR�E: (415) 5573686 PERMIT NO. 6-83 (Issued on April 25, 1983, As Ame:�ded Through April 19, 1988) AMENDMENT NO. 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, �(�Ipl October 24, 1986, and AAril 19� 1988, pursuant to Regulation Section X�y��' 10822, the Executive Director approved Amendment Nos. One, Two, �(yi�l Three, and Four, respectively, to which this amended 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 shoreline 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: l. Within the Bav: 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 c. Construct and use a 60-foot-long, 3,400-square- foot fishing pier. Dedicated to making San Francisco Bay better. PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Page 2 2. Within the 100-foot Shoreline Band: a. Construct and use a 4,300-square-foot portion of a 51,634-square-foot hotel; b. Construct and use a 4,353-square-foot portion of a 9,000-square-foot combination restaurant/public services building; c. Place and use 100,260 square feet of paving for vehicle circulation and 103 of the 430 parking spaces; �(yigl d. Place 8,300 cubic yards of clean earth fill, landscape and use 171,056 square feet (3.92 acres) for public access including 109,336 square feet (2.5 acres) for a park al_ ona the Bav shoreline: and e. Install. landscaue, and use 54,050 sauare feet (1.24 acres for nublic access around the southeastern shoreline of Anza LaQoon. B. This amended authority is generally pursuant to and limited by your application dated February 14, 1983, and your letters dated August 31, 1983, requestinq Amendment No. One, May 22, 1985, requesting Amendment No. Two, �(�(¢1 July 10, 1986, requesting Amendment No. Three, and February 2� 1988, reauestina Amendment No. Four, including all accompanying and subsequent exhibits, including Exhibits Al �(�iql 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 �� by January 1, 1987, yb�i�¢j�¢�i¢� �� �����¢�� 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 rior to Julv 1� 1988, and must be completed � Ju1v ,1� 1989. v. This project will provide approximately ���� 5.16 acres (X%X���� 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. � PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Page 3 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. �ecific Plans and Plan Review 1. Plan Review. No construction or use whatsoever shall be made of any facility authorized herein, until final precise site, 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. Landscavina 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 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 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. PERMIT NO. 6-83 (Issued on April 25, 1983, As ` Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Paqe 4 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. Chanaes to An�roved 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. Conformitv with Avproved Plans. All leases, contract specificationa, 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. B. Public Access l. Area. Prior to the commence,ment of construction authorized herein, and includina the construction of improvements authorized � 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 PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Afrport Hotel (On-The-Bay) Limited Partnership Page 5 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 righte 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 approv�l and shall be based upon the sufficiency of the instrument to create the rights and duties indicated in the apecial condition. Within 60 days after approval, the permittee shall record the instrument and shall provide evidence of recording to the Commission. 3. Imnrovements. 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 public access imvrovements authorized � Amendment No. Four, and as described in ,u below, shall be constructed and comnleted substan- tiallv in accord with the preliminary landscave lan entitled "Parcel 10 Shoreline, Preliminary Site Development Plan." dated February 2� 1988, prepared � Callander Associates Landscaoe 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 scruare feet (1.24 acres of irriaated landscaped ublic access imorovements r PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Page 6 alona the southeast shoreline of Anza Laaoon as shown on Exhibit C attached. ¢� d. Placement of a����d� 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; ¢I� 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 ��7i¢ 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; �� � 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. 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. RinraA. 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 NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Page 7 C. Permit Recordina. Prior to the commencement permittee shall record this amended permit or a notice amended permit in accordance with applicable provisions Section 27291.5 with San Mateo County and shall provide to the Commission. III. Findinors and Declarations of construction, the referring to this of Government Code evidence of recordinq 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 pub2ic 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 Fishina 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 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 �¢�� 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 strin of land totallinQ 1.24 acres on the south- east shoreline of the LaQoon. About 4.6 acres of the �¢�� 15.74-acre site are in Anza Lagoon. The project site has 1,500 linear feet of Bay shoreline and X���b¢ 2,020 linear feet of Lagoon shoreline. Of the ��q 11.14-acre dry land portion of the site, ��¢ 6.64 acres are located within the �>. PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Paqe 8 r� 100-foot shoreline band. The site is'flat and supports no significant plant or animal life except within the Lago;�n and in the marsh vegetation along its edge. The permittee proposes a total of ��X� 5.36 acres of public access improvements on the q�q 11.14 acres of dry land at the site. �1�������i���X7f �� ���`¢��X �� ��¢ X��f�S��� ����¢X��¢ ��1�4� 4���� �� �4����7��4� ��� �1����� �¢¢��� 1�Y������� i�Y�4� �1n 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 ����� 3,520 linear feet of Bay and Lagoon shoreline. Public access imnrovements alona the southeastern shoreline of Anza Lavoon consist of a 54.050-sguare-foot (1.24 acres landscaned area includina a 10-foot-wide. 720 foot lona pedestrian/bicvcle �athwav system alona the Laaoon edae and a 4,600-svuare-foot paved laza area furnished with benches and a trash recent- able. Public access widths vary from a minimum of 30 feet to over 100 feet alonv thfs portion of the LaQoon. 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 across from the combined restaurant/public services building. The remainder of the shoreline is landscaped, with public accesa 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 guidelinea 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,t �(qt¢l the 3,400-sqvare-foot fishing pierL and the 1.24-acre of public access alona the southeastern shoreline of Anza LaQoon 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 PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Page 9 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 deaign 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, ��Igl the fishing pier, Y�J��`� 7'� ���¢�V�X �� �Y�� �����X��� ��1�F� �4���`�i��F� ��� �1����¢ ��¢���/ and the 1.24-acre public access area on the southeastern shoreline of Anza Laaoon 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. E. Traffic. Workinq with Commission ataff, 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 Imnact. The City of Burlingame, the lead agency, certified the Environmental Impact Report for the proposed project on � PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Page 10 C January 3, 1983. Pursuant to Regulation Section X�dqz� 11501, Amendment Nos. One, Two, ��igl Three,t, and Four are categorically 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 Commiesion 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 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 pr�ovided 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 �erms 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. PERMIT NO. 6-83 (Issued on April 25, 1983, As Amended Through April 19, 1988) AMENDMENT NO. FOUR San Francisco International Airport Hotel (On-The-Bay) Limited Partnership Page 11 G. Unless otherwise provided in this amended permit, the terms and conditiona of this amended permit shall bind all future owners and future possessora of any leqal interest in the land and shall run with the land. H. Unleas 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 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 per�it 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 this 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 the San Francisco Bay Conservation and Development Commission that becomes, as a result of any work or project authorized in this amended 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 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 PERMIT NO. 6-83 (Issued on April 25, 1983, Ae Amended Through April 19, 1988) AMENDMENT NO. FOUR San Franciaco International Airport Hotel (On-The-Bay) Limited Partnership Page 12 application of statute, administrative rulinq, or court determination. If thie amended permit becomea null and void, any fill or structures placed in reliance on thie amended permit ahall be aubject to removal by the permittee or ita assignee if the amended permit has been assigned to the extent that the Commiasion determines that auch removal is appropriate. Any uses authorized shall be terminated 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 Commissicn on the date first bove written. WILLIAM TRAVZS Acting Executive Director Enc. 8762A-04/19/88 WTP/LP/mm cc: U. S: Army Corps of Engineere, Attn: Regulatory Functiona Branch San Francisco Bay Regional Water Quality Control Board, Attn: Certification Section Environmental Protection Agency, Attn: Tom Yokum, P-5 United Suites Development Corporation, Attn: Paul Salisbury City of Burlingame Planning Department State Lands Commission, Attn: Fred Sledd A. W. Management, Attn: Larry Jeney Callander Associates, Attn: Margaret Fahringer ,r * * * * * * * * * * Receipt acknowledged, contents understood and agreed to: SAN FRANCISCO INTERNATIONAL AIRPORT HOMETEL Executed at San Mateo, California (�N TNF Re►Y) ITMITFp ppRTNERSHIP on June 16. 1994 sy:� � ERL G hIANAGEMENT, INC. Its Agent ,� - ;k Ro erts, e Presdient b� neral Counsel � • � • � �& � " . 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