HomeMy WebLinkAbout150 Anza Boulevard - Agency Approval Letter (6)Map ID
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Elevation
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1/8-1/4
0.134 mi.
708 ft.
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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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