HomeMy WebLinkAbout150 Anza Boulevard - Agency Approval Letter (9)San Francisco Bay Conservation and Development Commission
455 Golden Gate Avenue, Suite 10600, San Francisco, California 94102 tel 41 5 352 3600 fax 41 5 352 3606
March 12, 2015
David W. Kohutek
FelCor/CS5 Holdings, L.P.
c/o Felcor Lodging Trust
800 Old Roswell Lakes Parkway, Suite 100
Roswell, GA 30076
SUBJECT: Amendment No. Seven to BCDC Permit No. 1983.006.07 (formerly 6-83)
Dear Mr. Kohutek:
Enclosed please find an original amended permit, stamped "BCDC Original," one stamped
"Permittees' Copy," and one stamped "Recorder's Copy," all executed by the Executive
Director, incorporating the amendment requested in Mr. Jeff Van Meter's application dated
December 4, 2014, and received in our office on January 12, 2015. In the amended permit,
deleted language has been �*����'�'�"�����" and added language has been underlined.
I am issuing this amendment, which is included in the attached amended permit, on behalf
of the Co'mmission and upon the following findings and declarations:
1. This 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
involves after-the-fact authorization far an existing, approximately 180-foot-long, 8-
foot-wide wooden footbridge, and repairs to approximately six piles and other related
repairs to support approximately 320 square feet of the bridge on the permittee's
leasehold.
Z. The amendment to the permit is consistent with the San Francisco Bay Plan and the
McAteer-Petris Act because the proposed project will not adversely affect the Bay nor
pubiic access to and enjoyment of the Bay consistent with the project.
We would appreciate your (1) completing, before a notary, the acknowledgment section of
the amended permit stamped "BCDC Original," and "Recorder's Copy" 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 executed "BCDC Original" to the Commission's office within the
ten-day time period. Within thirty days, you must submit proof that the "Recorder's Copy" was
recorded in San Mateo County to the Commission's office. The copy stamped "Permittees'
Copy" should be retained by you for your rec�rds along with the Notice of Completion and
Declaration of Compliance form which you must return to the Commission upon project
completion.
info@bcdc.ca.gov I www.bcdc.ca.gov ��
State af Califarnia l Edmund G. Brown — Governor •
David W. Kohutek
FelCor/CSS Holdings, L.P.
c/o FelCor Lodging Trust
March 12, 2015
Page 2
Please understand that no work may commence on the project until the permit stamped
"BCDC Original" is executed and returned to us. The commencement of any work within the
Commission's jurisdiction without the necessary authorization from the Commission is a
violation of the McAteer-Petris Act and could subject you to fines.
If you should have any questions regarding the amended permit or the procedure outlined
above, please contact Ming Yeung at 415-352-3616 or ming.yeung@bcdc.ca.gov of our staff.
Enc.
BM/MY/ra
Very truly yours,
BRA,D McCREA
Reg latory Program Director
cc: Jeff Van Meter, Power Engineering Construction Company
San Francisco Bay Conservation and Development Commission
455 Golden Gate Avenue, Suite 10600, San Francisco, California 94102 tel 415 352 3600 fax 41 5 352 3606
PERMIT N0.1983.006.07
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENOMENT NO. SEVEN
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
800 Old Roswell Lakes Parkway, Suite 100
Roswell, GA 30076
ATTENTION: David W. Kohutek
Ladies and Gentlemen:
On April 21, 1983, the 5an 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, October
24, 1986, April 19, 19$8, January 27, 1997, a� June 19, 1998, and March 12, 2015, pursuant to
Regulation Section 10822, the Executive Director approved Amendment Nos. One, Two, Three,
Four, Five, a� Six, and Seven, respectively, to which this amended permit is hereby issued:
I. Authorization
A. Authorized Project. Subject to the conditions stated below, the permittee is granted
permission to do the following �in?the Bay and within the 100-foot shoreline band, at 150
Anza Boulevard, on Assessor's Parce) Nos. 26-342-220, 26-342-230, and 26-342-240,
immediately west of Anza Lagoon in the City of Burlingame, San Mateo County:
1. In 1AFi#�i�w the Bay:
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 linear feet of Bay shoreline; a�
c. Construct and use a 60-foot-long, 3,400-square-foot fishing pier�
d. Construct, use and maintain (after-the-fact), approximatelv 320 square feet of
an approximately 180-foot-lon�, 8-foot-wide (1,440 square feetl wooden
footbrid�e (Amendment No. Seven); and
e. Repair an approximately 320-square-foot section of the wooden footbrid�e by•
(1) installing a PVC membrane iacket on approximatelv six piles and fillin� the
jacket with �rout resultin� in an approximately 18" diameter pile; (2) replacing
six saddle brackets; (3) removin� and replacin� corroded bolts• and (4) cleanin�
six existin� pipe c{amps and coatin� them with marine coatin�. The repair work
will result in approximatelv 5.9 square feet (53 cubic feeta of new Bav fill
(Amendment No. Seven).
infoC�bcdc.ca.gov I www.bcdc.ca.gov �
State of California l Edmund G. Brown — Governor •
PERMIT NO. 1983.006.Q7
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
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. Construct and use an approximately 704-square-foot shop and storage building
attached to the hotel (Amendment No. Five);
d. Construct and use an approximately 1,776-square-foot and 25-foot-high office
addition attached to the hotel (Amendment No. Six);
e. Place and use 100,260 square feet of paving for vehicle circulation and 103 of
the 430 parking spaces;
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 along the Bay shoreline; and
g. Install, landscape,.and use 54,050 square feet (1.24 acres) for public access
around the southeastern shoreline of Anza Lagoon.
B. Application Dates. This amended authority is generally pursuant to and limited by your
application dated February 14, 1983, and your letters dated August 31, 1983, requesting
Amendment No. One, May 22, 1985, requesting Amendment No. Two, July 10, 1986, requesting
Amendment No. Three, February 22, 1988, requesting Amendment No. Four, October 23, 1996,
requesting Amendment No. Five, a� December 5, 1997, requesting Amendment No. Six, and
your application dated December 4, 2014 requestin� Amendment No Seven including all
accompanying and subsequent exhibits, attached Exhibits A, B, and C, but subject to the
modifications required by conditions hereto.
C. Deadlines for Commencing and Completing Authorized Work Work authorized
through Amendment No. Five has already been completed. Work authorized by Amendment
No. Six, �t� was to commence prior to August 1, 1998, or this amended permit � was fio
lapse and become null and void. Such work ��se was to be diligently prosecuted to
completion, and � completed by August 1, 2000, unless an extension of time +s was
granted by further amendment of this amended permit prior to its expiration. Work authorized
by Amendment Na. Seven must commence prior to December 31, 2015, or this amended
permit will lapse and become null and void Such work must also be dili�entiv pursued to
completion and must be completed by December 31 2017, unless an extension of time is
granted by further amendment of this amended permit prior to its expiration
PERMIT NO. 1983.006.07
FelCor/C5S Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 3
D. Project Summarx. This project wil) provide approximately 5.16 acres (225,106 square
feet) of landscaped public access improvements within the 100-foot shoreline band, and in
addition, will provide approximately 5,600 square feet of landscaped public access outside the
100-foot shoreline band, along 1,500 linear feet of Bay shoreline and 2,020 linear feet of lagoon
shoreline in the City of Burlingame, San Mateo County. Amendment No. Seven would provide
an additional 1,440 square feet of public access (Bay Trail) across the Anza la�oon
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. Speci�c Plans and Plan Review
1. Plan Review. No construction or use whatsoever sha11 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 for work authorized through Amendment No. Faur.
No plan review is required for Amendments No. Five and Six.
Architectural Plans. Architectural plans submitted for review shall consist of
ex#erior 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 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. In each instance, plan review shall be
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 4
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 ar
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 propased 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.
4. Amendment No. Six. Work authorized by Amendment No. Six shall substantially
conform to the plan entitled, "A Office Addition for Embassy Suites, 150 Anza,
Burlingame, CA," prepared by Kendall G. Peterson, and received by the Commission
on December 5,1997. No substantial changes shall be made to the plan unless
approved by or on behalf of the Commission.
5. Amendment No. Seven. Work authorized by Amendment No Seven shall
substantiallv conform to the plans entitled "Bav Trail Footbrid�e @ Anza Lagoon
Outlet; Repair of Wood Piles" prepared by Wiss, Janney, Elstner Associates Inc and
dated March 5, 2014. No further plan review is required for the work Anv
substantial chan�e to the work described in this plan should first be received and
approved by or on behalf of the Commission.
PERMIT NO. 1983.006.07
FelCor/C55 Holdings, L.P.
c/o Felcor Lodging Trust
(�riginally Issued on Apri) 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
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 acceptable 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 shalt 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.
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 public access
improvements authorized by Amendment No. Four, and as described in (c) belaw,
shall be constructed and completed substantially in accord with the preliminary
landscape plan entitled "Parcel 10 Shoreline, Preliminary Site Development Plan,"
dated February 22, 1988, prepared by Callander Associates Landscape Architects:
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;
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 6
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 3,520-linear-foot, 10-foo#-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 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 apen 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. Closure for Work Authorized in Amendment No Seven The permittee shall ensu're
that the closure of the wooden footbrid�e for repairs authorized in Amendment
No. Seven shall be the minimum amount of time necessary to conduct the repairs in
an efficient manner (estimated to be approximately three weeks but not to exceed
four weeks}. The permittee shall appropriately sign the area to inform the public of
the closure and direct the public to alternative routes to reach the other side of the
la�oon (Amendment No. Seven).
� 6. 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.
1
1
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 7
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 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 Su6division is approximately 2,000 feet long (of which about
1,5Q0 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 develapment 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 totaling 1.24
acres on the southeast shoreline of the Lagoon. 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 2,020 linear feet of
Lagoon shoreline. Of the 11.14-acre dry land portion of the site, 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.
PERMIT N0.1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 8
The permittee proposes a total of 5.36 acres of public access improvements on the
11.14 acres of dry land at the site. An additional 5,600 square feet outside the Commission's
jurisdiction will also be improved for public access. Approximately 6,000 square feet of the
ground floor area of the restaurant structure will be used for public services and some
commercial uses. The hotel is located, at its closest point, 60 feet from the shoreline, and the
restaurant structure is located about 50 feet from the shoreline. The minimum width of the
public access area is 35 feet, adjacent to a portion of the public parking. Public access
improvements consist of a 10-foot-wide pathway running along 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 1�-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 receptacle. 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 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 minimum 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 Qn the peninsula, the 3,400-square-foot fishing pier, and
the 1.24-acre of public 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 aiternative.
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
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originaity Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 9
obstacle to public access, however, and the Commission 5tated 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 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, and the 1.24-acre public 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 p�oject.
D. Public Trust. By this amended permit, the Commission determines that the proposed
project is consistent with public trust needs.
E. Traffic. Working with Commission staff, the Metropolitan Transportation Commission
(MTC) has recently completed a study relating recently proposed developments east of
Highway 101 with the already s�rai.ned 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 11501, Amendment Nos. One, Two, 7hree, Four, Five� a� Six and Seven are
categorically exempt from the requirement to prepare an environmental impact report.
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 10
G. Amendment No. Seven. The work authorized bv Amendment No Seven includes after-
the-fact authorization for approximatelv 320 square feet of an approximatefy 1,440-square-foot
(180-foot-lon� by 8-foot-wide) wooden footbrid�e over Anza la�oon (the brid�e was not
authorized in the ori�inal permit), and repairs to this western section of the brid�e, includin�
the installation of iackets and �rout on six piles, and replacement of brackets, bolts, and pipe
clamps. The existing wooden footbrid�e is part of the Bay Trail and connects Robert E Woolley
State Park to Kincaid's Restaurant. Onlv 320 square feet (or 40 linear feet) of the brid�e is
leased by the permittee from the State Lands Commission. The remainin� 1,120 square feet
(or 140 linear feetl of the brid�e is leased bv Burlin�ame Bay Associates The brid�e section
authorized in Amendment No. Seven is minor fill for improving public access that complies with
Re�ulation Section 1Q701 and does not exceed 1,000 square feet as defined in Re�ulation
Section 10601(a){8) and the repairs to this brid�e section involves routine repairs,
reconstruction, replacement, removal, and maintenance in the Bav that do not involve any
substantial enlargement or chan�e in use, as defined in Regulation Section 10601fa)(6) and
minor fill for improvin� public access that complies with ReRulation Section 10701 and that
does not exceed 1,000 square feet in area as defined in Re�ulation Section 10601(a){g), and
thus, is a"minor repair or improvement" for which the Executive Director can issue a non-
material amendment to a permit, pursuant to Re�ulation Section 10822
� H. Conclusion. For all these reasons, the project provides maximum feasible public access
consistent with the proposed project. The Commission further finds, declares, and certifies that
the activities authorized herein are consistent with the Commission's Amended Management
Program for San Francisco Bay, as approved by the Department of Commerce under the Federal
Coastal Zone Management Act of 1972, as amended.
IV. Standard Conditions
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PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 11
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PERMIT NO. 1983.006.07
FeiCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 12
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A. Permit Execution. This amended permit shall not take effect unless the permittee(s)
execute the original of this amended permit and return it to the Commission within ten days
after the date of the issuance of the amended permit. No work shall be done until the
acknowled�ment is dulv executed and returned to the Commission.
B. Notice of Completion. The attached Notice of Completion and Declaration af
Compliance form shall be returned to the Commission within 30 days followin� completion of
the work.
C. Permit Assi�nment. The ri�hts, duties, and obli�ations contained in this amended
permit are assi�nable. When the permittee(s) transfer any interest in any property either on
which the activity is authorized to occur or which is necessary to achieve full compliance of one
or more conditions to this amended permit, the permittee(s)/transferors and the transferees
shall execute and submit to the Commission a permit assi�nment form acceptable to the
Executive Director. An assi�nment shall not be effective until the assi�nees execute and the
Executive Director receives an acknowled�ment that the assi�nees have read and understand
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
{Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 13
the amended permit and agree to be bound bv the terms and conditions of the amended
permit, and the assi�nees are accepted by the Executive Director as bein� reasonably capable
of complyin� with the terms and conditions of the amended permit.
D. Permit Runs With the Land. 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 le�al interest in the land and shall run with the land.
E. Other Government Approvals. All reauired 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 Re�ional Water Quality
Control Board, and the citv or countv in which the work is to be performed, whenever any of
these may be required. This amended permit does not relieve the permittee(s) of anv
obligations imposed bv State or Federal law, either statutory or otherwise.
F. Built Project Must Be Consistent with Application. Work must be performed in the
precise manner and at the precise locations indicated in your application as such mav have
been modified bv the terms of the amended permit and any plans approved in writin� by or on
behalf of the Commission.
G. Life of Authorization. Unless otherwise provided in this amended permit, all the terms
and conditions of this amended permit shall remain effective for so lon� as the amended permit
remains in effect or for so lon� as any use or construction authorized by this amended permit
exists, whichever is lon�er.
H. Commission Jurisdiction. Anv area subiect to the jurisdictian of the San Francisco Bav
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
subiect to that iurisdiction notwithstandin� the placement of any fill or the implementation of
any substantial chan�e in use authorized by this amended permit. Any area not subiect to the
jurisdiction of the San Francisco Bay Conservation and Development Commission that becomes
as a result of any work or proiect authorized in this amended permit, subject to tidal action
shall become subject to the Commission's "bav" jurisdiction.
I. Chan�es to the Commission's Jurisdiction as a Result of Natural Processes. This
amended permit reflects the location of the shoreline of San Francisco Bay when the amended
permit was issued. Over time, erosion, avulsion, accretion, subsidence, relative sea level
chan�e, and other factors may chan�e the location of the shoreline, which may, in turn chan�e
the extent of the Commission's re�ulatory jurisdiction. Therefore, the issuance of this amended
permit does not �uarantee that the Commission's iurisdiction will not chan�e in the future.
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015j
AMENDMENT NO. SEVEN
Page 14
J. Violation of Permit Mav Lead to Permit Revocation Except as otherwise noted
violation of any of the terms of this amended permit shall be �rounds for revocation The
Commission mav revoke anv amended permit for such violation after a public hearin� held on
reasonable notice to the permittee(s1 or their assi�nees if the amended permit has been
effectively assi�ned. If the amended permit is revoked, the Commission may determine if it
deems appropriate, that all or part of anv fill or structure placed pursuant to this amended
�ermit shall be removed by the permittee(s1 or their assi�nees if the amended permit has been
assi�ned.
K. Should Permit Conditions Be Found to be Illegal or Unenforceahle Unless the
Commission directs otherwise, this amended permit shall become null and void if anv term,
standard condition, or special condition of this amended permit shall be found ille�al or
unenforceable throu�h the application of statute, administrative rulin�, or court determination
If this amended permit becomes null and void any fill or structures placed in reliance on this
amended permit shall be subiect to removal bv the amended permittee(s) or their assi�nees if
the amended permit has been assi�ned to the extent that the Commission determines that
such removal is appropriate. Anv uses authorized shall 6e terminated to the extent that the
Commission determines that such uses should be terminated.
L. Permission to Conduct Site Visit. The permittee(s) shall �rant permission to anv
member of the Commission's staff to conduct a site visit at the subiect property during and
after construction to verify that the pro�ect is bein� and has been constructed in compliance
with the authorization and conditions contained herein Site visits mav occur durin� business
hours without prior notice and after business hours with 24-hour notice
M. Abandonment. If, at anv time the Commission determines that the improvements in
the Bav authorized herein have been abandoned for a period of two years or more vr have
deteriorated to the point that public health, safetv or welfare is adversely affected, the
Commission mav require that the improvements be removed bv the permit#ee(s), its assi�nees
or successors in interest, or by the owner of the improvements within 60 days or such other
reasonable time as the Commission may direct.
N. Sest Mana�ement Practices
1. Debris Removal. All construction debris shall be removed to an authorized location
outside the iurisdiction of the Commission. In the event that anv such material is
placed in anv area within the Commission's iurisdiction the permittee(s}, its
assi�nees, or successors in interest, or the owner of the improvements shall remove
such material, at their expense within ten days after thev have been notified by the
Executive Director of such placement.
�' �1
PERMIT N0.1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on Apri) 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 15
2. Construction Operations. All canstruction operations sha11 be performed to prevent
construction materials from fallin�, washin� or blowin� into the Bay. In the event
that such material escapes or is placed in an area subiect to tidal action of the Bav,
the permittee(s} shall immediately retrieve and remove such material at its expense
O. In-Kind Repairs and Maintenance. Anv in-kind repair and maintenance work authorized
herein shall not result in an enlar�ement of the authorized structural footprint and shall only
involve construction materials approved for use in San Francisco Bay. Work shall occur durin�
periods desi�nated to avoid impacts to fish and wildlife. The permittee(s) shall contact
Commission staff to confirm current restricted periods for construction.
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and
Development Commission on the date first above written.
LAWRENCEJ. GOLDZBAND
Executive Director
San Francisco Bay Conservation and
Developmer�t Commission
By:
BRAD McCREA
Re latory Program Director
BM/MY/ra
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
City of Burlingame Planning Department
* * * * * * * * * * * * * * * * * * * � * * *
Receipt acknowledged, contents understood and agreed to:
Executed at
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PERMIT NO. 1983.006.07
(Originally Issued on Apri) 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
FELCOR/CSS HOLDINGS, L.P.
C/O FELCOR LODGING TRUST
N�TICE OF COMPLETION AND DECLARATION OF COMPLIANCE
San Francisco Bay Conservation
and Development Commission
455 Golden Gate Avenue, Suite 10600
San Francisco, CA 94102
Ladies and Gentlemen:
You are hereby informed that the work authorized by the above-referenced amended
permit was completed on
I have personally reviewed the t�rms 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 afl 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 , 20 ,.
at
(Permittee)
California.
Title
San Francisco Bay Conservation and Development Commission
455 Golden Gate Avenue, Suite 10600. San Francisco, California 94102 tel 415 352 3600 fax 415 352 3606
March 12, 2015
David W. Kohutek
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
800 Old Roswel) Lakes Parkway, Suite 100
Roswell, GA 30076
SUBJECT: Amendment No. Seven to BCDC Permit No. 1983.006.07 (formerly 6-83)
Dear Mr. Kohutek:
Enclosed please find an original amended permit, stamped "BCDC Original," one stamped
"Permittees' Copy," and one stamped "Recorder's Copy," all executed by the Executive
Director, incorporating the amendment requested in Mr. Jeff Van Meter's application dated
December 4, 2014, and received in our office on January 12, 2015. In the amended permit,
deleted language has been �}����'�'������^" and added language has been underlined.
I am issuing this amendm,ent, which is included in the attached amended permit, on behalf
of the Co'mmission and upon the following findings and declarations:
1. This amendment to the permit is not a material alteration, as defined in Regulation
Section 1�822, of the project authorized by the permit because the amendment
involves after-the-fact authorization for an existing, approximately 180-foot-long, 8-
foot-wide wooden footbridge, and repairs to approximately six piles and other related
repairs to support approximately 320 square feet of the bridge on the permittee's
leasehold.
2. The amendment to the permit is consistent with the San Francisco Bay Plan and 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.
We would appreciate your (1) completing, before a notary, the acknowledgment section of
the amended permit stamped "BCDC Original," and "Recorder's Copy" 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 executed "BCDC Original" to the Commission's office within the
ten-day time period. Within thirty days, you must submit proof that the "Recorder's Copy" was
recorded in San Mateo County to the Commission's office. 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 you must return to the Commission upon project
completion.
info@bcdc.ca.gov I www.bcdc.ca.gov �
State of California l Edmund G. Brown — Governor •
David W. Kohutek
FelCor/CSS Holdings, L.P.
c/o FelCor Lodging Trust
March 12, 2015
Page 2
Please understand that no work may commence on the project until the permit stamped
"BCDC Original" is executed and returned to us. The commencement of any work within the
Commission's jurisdiction without the necessary authorization from the Commission is a
violation of the McAteer-Petris Act and could subject you to fines.
If you should have any questions regarding the amended permit or the procedure outlined
above, please contact Ming Yeung at 415-352-3616 or ming.yeung@bcdc.ca.gov of our staff.
Enc.
BM/MY/ra
Very truly yours,
BR�D McCREA
Reg (atory Program Director
cc: Jeff Van Meter, Power Engineering Construction Company
San Francisco Bay Conservation and Development Commission
455 Golden Gate Avenue, Suite 10600, San Francisco, California 94102 tel 41 5 352 3600 fax 41 5 352 3606
PERMIT N0.1983.006.07
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
800 Old Roswell Lakes Parkway, Suite 100
Roswell, GA 30076
ATfENTION: David W. Kohutek
Ladies and 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, 1983,1u1y 23, 1985, October
24, 1986, April 19, 1988, January 27, 1997, a� June 19, 1998, and March 12, 2015, pursuant to
Regulation Section 10822, the Executive Director appraved Amendment Nos. One, Two, Three,
Four, Five, a� Six, and Seven, respectively, to which this amended permit is hereby issued:
1. Authorization
A. Authorized Project. S�bject to the conditions stated below, the permittee is granted
permission to do the following �iNthe Bay and within the 100-foot shoreline band, at 150
Anza Boulevard, on Assessor'.s Parce) Nos. 26-342-220, 26-342-230, and 26-342-240,
immediately west of Anza Lagoon in the City of Burlingame, San Mateo County:
1. In �i##�i� the Bay:
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 linear feet of Bay shoreline; a�
c. Construct and use a 60-foot-long, 3,400-square-foot fishing pier�
d. Construct, use and maintain {after-the-fact), approximatelv 320 square feet of
an approximately 180-foot-lon�, 8-foot-wide i1,440 square feet) wooden
footbrid�e (Amendment No. Sevenl; and
e. Repair an approximatelv 320-sQuare-foot section of the wooden footbrid�e by•
(1) installing a PVC membrane iacket on approximatelv six piles and fillin� the
jacket with �rout re5ultin� in an approximately 18" diameter pile; (2) replacin�
six saddle brackets; (3) removin� and replacin� corroded bolts; and (4) cleanin�
six existin� pipe clamps and coatin� them with marine coatin�. The repair work
will result in approximatelv 5.9 square feet (53 cubic feet) of new Bay fill
(Amendment No. Seven).
info�bcdc.ca.gov I www.bcdc.ca.gov •
State of California f Edmund G. Brown — Governor •
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, l.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
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;
Construct and use an approximately 704-square-foot shop and storage building
attached to the hotel (Amendment No. Five);
d. Construct and use an approximately 1,776-square-foot and 26-foot-high office
addition attached to the hotel (Amendment No. Six);
e. Place and use 100,260 square feet of paving for vehicle circulation and 103 of
the 430 parking spaces;
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 along the Bay shoreline; and
g. Install, landscape,.and use 54,050 square feet (1.24 acres) for public access
around the southeastern shoreline of Anza Lagoon.
B. Application Dates. This amended authority is generally pursuant to and limited by your
application dated February 14, 1983, and your letters dated August 31, 1983, requesting
Amendment No. One, May 22, 1985, requesting Amendment No. Two,luly 10, 1986, requesting
Amendment No. Three, February 22, 1988, requesting Amendment No. Four, October 23, 1996,
requesting Amendment No. Five, a� December 5, 1997, requesting Amendment No. Six, and
your application dated December 4, 2014, requestin� Amendment No Seven, including all
accompanying and subsequent exhibits, attached Exhibits A, B, and C, but subject to the
modifications required by conditions hereto.
C. Deadlines for Commencing and Completing Authorized Work Work authorized
through Amendment No. Five has already been completed. Work authorized by Amendment
No. Six, +�s� was to commence prior to August 1, 1998, or this amended permit �v+l� was to
lapse and become null and void. Such work tw�a�se was to be diligently prosecuted to
completion, and ��e completed by August 1, 2000, unless an extension of time +� was
granted by further amendment of this amended permit prior to its expiration. Work authorized
by Amendment No. Seven must commence qrior to December 31 2015, or this amended
permit will lapse and become null and void. Such work must also be dili�ently pursued to
completion and must be completed by December 31, 2017, unless an extension of time is
granted by further amendment of this amended permit prior to its expiration
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 3
D. Project Summay. This project will provide approximately 5.16 acres (225,106 square
feet) of landscaped public access improvements within the 100-foot shoreline band, and in
addition, will provide approximately 5,600 square feet of landscaped public access outside the
100-foot shoreline band, along 1,500 linear feet of Bay shoreline and 2,020 linear feet of lagoon
shoreline in the City of Burlingame, San Mateo County. Amendment No. Seven would provide
an additional 1,440 squa�e feet of public access (Bay Trail) across the Anza la�oon
II. Special Conditions
The amended authorization made herein shal! be subject to the following special
conditions, in addition to the standard conditions in Part IV:
A. Specific Plans and Plan Review
Plan Review. No construction or use whatsoever shall be made of any facility
authorized herein, unti! final precise site, grading, architectural, and landscaping
plans, and any ather 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 for work authorized through Amendment No. Four.
No plan review is required for Amendments No. Five and Six.
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 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 whetherthe 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
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 4
completed, by or on behalf of the Commission, within 45 days after receipt of the
plan or plans to be �'eviewed, 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 ar 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.
4. Amendment No. Six. Work authorized by Amendment No. Six shall substantially
conform to the plan entitled, "A Office Addition for Embassy Suites, 150 Anza,
Burlingame, CA," prepared by Kendall G. Peterson, and received by the Commission
on December 5, 1997. No substantial changes shall be made to the plan unless
approved by or on behalf of the Commission.
5. Amendment No. Seven. Work authorized by Amendment No Seven shall
substantiallv conform to the plans entitled "Bav Trail Footbrid�e Anza La�oon
Outlet; Repair of Wood Piles" prepared by Wiss,lanney, Elstner Associates, Inc and
dated March 5, 2014. No further plan review is required for the work Any
substantial chan�e to the work described in this plan should first be received and
approved by or on behalf of the Commission.
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 5
B. Public Access
1. Area. Prior to the commencement af construction authorized herein, and including
the construction of improvements authorized by Amendment No. Four, the
permittee shall, by instrument or instruments acceptable to counsel for BCDC,
dedicate to a public agency or otherwise guarantee rights for the public for access 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 public access
improvements authorized by Amendment No. Four, and as described in (c) below,
shall be constructed and completed substantially in accord with the preliminary
landscape plan 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;
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 6
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 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 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.
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. Closure for Work Authorized in Amendment No Seven The permittee shall ensure
that the closure of the wooden footbridge for repairs authorized in Amendment
No. Seven shall be the minimum amount of time necessary to conduct the repairs in
an efficient manner (estimated to be approximatel�three weeks but not to exceed
four weeks). The permittee shall appropriately si�n the area to inform the public of
the closure and direct the public to alternative routes to reach the other side of the
lagoon (Amendment No. Seven}.
�r. 6. Riprap. Prior to use of any facility authorized herein, the permittee shall remove all
debris and any exposed reinforcing bar from the riprap along the shoreline and
dispose of such outside of the Commission's jurisdiction.
�
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 7
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 Pragram 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 #he Bay
Plan.
B. Fill for Fishing Pier. The permittee has proposed a 3,400-square-foot fishing pier along
the Bay side of the project. Although the fishing pier does not extend ta 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 ta 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 strip of land totaling 1.24
acres on the southeast shoreline of the Lagoon. 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 2,024 linear feet of
Lagoon shoreline. Of the 11.14-acre dry land portion of the site, 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.
PERMIT NO. 1983.pQ6.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2p15)
AMENDMENT NO. SEVEN
Page 8
The permittee proposes a total of 5.36 acres of pubiic access improvements on the
11.14 acres of dry land at the site. An additional 5,600 square feet outside the Commission's
jurisdiction will also be improved for public access. Approximately 6,000 square feet of the
ground floor area of the restaurant structure will be used for public services and some
commercial uses. The hotel is located, at its closest point, 60 feet from the shareline, 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 aecess
improvements consist of a 10-foot-wide pathway running along 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 receptacle. Public access widths vary from a
minimum of 30 feet to over 100 feet alang 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 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 minimum 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 public 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
PERMIT N0.1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on Aprii 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 9
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 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, and the 1.24-acre public 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.
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 s�rai.ned 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
overail 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 11501, Amendment Nos. One, Two, Three, Four, Five� a� Six and Seven are
categorically exempt from the requirement to prepare an environmental impact report,
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 10
G. Amendment No. Seven. The work authorized bv Amendment No Seven includes after-
the-fact authorization for approximately 320 square feet of an approximately 1,440-square-foot
j180-foot-lon� by 8-foot-wide) wooden footbrid�e over Anza la�oon (the bridge was not
authorized in the original permit), and repairs to this western section of the brid�e, includin�
the installation of jackets and �rout on six piles, and replacement of brackets bolts, and pipe
clamps. The existin� wooden footbrid�e is part of the Bay Trail and connects Robert E Woolley
State Park to Kincaid's Restaurant. Onlv 320 square feet (or 40 linear feet) of the brid�e is
leased by the permittee from the State Lands Commission. The remainin� 1,120 square feet
(or 140 linear feetl of the brid�e is leased by Burlin�ame Bay Associates. The brid�e section
authorized in Amendment No. Seven is minor fill for improvin� public access that complies with
Re�ulation Section 10701 and does not exceed 1,000 square feet as de�ned in Re�ulation
Section 10601(a){g) and the repairs to this bridge section involves routine repairs,
reconstruction, replacement, remo�al, and maintenance in the Bav that do not involve any
substantial enlargement or chan�e in use, as defined in Re�ulation Section 10601(a)(6) and
minor fill for improvin� public access that complies with Re�ulation Section 10701 and that
does not exceed 1,000 square feet in area, as defined in Re�ulation Section 10601(a)(8) and
thus, is a"minor repair or improvement" for which the Executive Director can issue a non-
material amendment to a permit, pursuant to Re�ulation Section 10822.
G: H. Conclusion. For all these reasons, the project provides maximum feasible public access
consistent with the proposed project. The Commission further finds, declares, and certifies that
the activities authorized herein are consistent with the Commission's Amended Management
Program for San Francisco Bay, as approved by the Department of Commerce under the Federal
Coastal Zone Management Act of 1972, as amended.
IV. Standard Conditions
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PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015}
AMENDMENT NO. SEVEN
Page 11
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PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 12
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A. Permit Execution. This amended permit shall not take effect unless the permittee(s)
execute the ori�inal of this amended permit and return it to the Commission within ten days
after the date of the issuance of the amended permit. No work shall be done until the
acknowled�ment is duly executed and returned to the Commission.
B. Notice of Completion. The attached Notice of Completion and Declaration of
Compliance form shall be returned to the Commission within 30 days followin� completion of
the work.
C. Permit Assi�nment. The rights, duties, and obligations contained in this amended
permit are assi�nable. When the permittee(s) transfer any interest in anv property either on
which the activity is authorized to occur or which is necessary to achieve full compliance of one
or more conditions to this amended permit, the permittee(s)/transferors and the transferees
shall execute and submit to the Commission a permit assignment form acceptable to the
Executive Director. An assi�nment shall not be effective until the assi�nees execute and the
Executive Director receives an acknowledgment that the assignees have read and understand
,
,
PERMIT NO. 1983.006.07
FelCor/C55 Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 13
the amended permit and agree to be bound bv the terms and conditions of the amended
permit, and the assi�nees are accepted by the Executive Director as bein� reasonably capable
of complying with the terms and conditions of the amended permit
D. Permit Runs With the Land. 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
E. Other Government Approvals. All re�uired permissions from �overnmental bodies must
be obtained before the commencement of work� these bodies include but are not limited to
the U. S. Armv Corps of En�ineers, the State Lands Commission, the Re�ional Water Quality
Control Board, and the citv or countv in which the work is to be performed, whenever any of
these mav be required. This amended permit does not relieve the permittee(s) of anv
obli�ations imposed bv State or Federal law, either statut�ry or otherwise
F. 8uilt Proiect Must Be Consistent with Application Work must be performed in the
precise manner and at the precise locations indicated in vour application as such mav have
been modified bv the terms of the amended permit and any plans approved in writin� by or on
behalf of the Commission.
G. life of Authorization. Unless otherwise provided in this amended permit all the terms
and conditions of this amended permit shall remain effective for so lan� as the amended permit
remains in effect or for so lon� as anv use or construction authorized by this amended permit
exists, whichever is lon�er.
H. Commission lurisdiction. Anv area subiect to the jurisdiction of the San Francisco Bav
Conservation and Development Commission under either the McAteer-Petris Act or the Suisun
Marsh Preservation Act at the time the amended permit is �ranted or thereafter shall remain
subject to that iurisdiction notwithstanding the placement of anv fill or the implementation of
any substantial chan�e in use authorized bv this amended permit Any area not subiect 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 subiect to the Commission's "bay" jurisdiction.
I. Chan�es to the Commission's Jurisdiction as a Result of Natural Processes This
amended permit reflects the location of the shoreline of San Francisco Bay when the amended
permit was issued. Over time, erosion, avulsion accretion subsidence, relative sea level
chan�e, and other factors mav change the location of the shorefine which may, in turn, change
the extent of the Commission's re�ulatory iurisdiction. Therefore, the issuance of this amended
permit does not �uarantee that the Commission's iurisdiction will not chan�e in the future
fl
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 14
J. Violation of Permit Mav Lead to Permit Revocation Except as otherwise �oted
violation of any of the terms of this amended permit shall be �rounds for revacation The
Commission mav revoke any amended permit for such violation after a public hearing held on
reasonable notice to the permittee(s) or their assi�nees if the amended permit has been
effectivelv assi�ned. If the amended permit is revoked the Commission mav determine if it
deems appropriate, that all or part of anv fill or structure placed pursuant ta this amended
permit shall be removed by the permittee(s) or their assi�nees if the amended permit has been
assi�ned.
K. Should Permit Conditions Be Found to be Illegal or Unenforceable Unless the
Commission directs otherwise, this amended permit shall become null and void if anv term,
standard condition, or special condition of this amended permit shall be found ille�al or
unenforceable throu�h the application of statute, administrative rulin�, 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 bv the amended permittee(s) or their assi�nees if
the amended permit has been assi�ned 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.
L. Permission to Conduct Site Visit. The permittee(s) shal) �rant permission to anV
member of the Commission's staff to conduct a site visit at the subject property during and
after construction to verify that the project is bein� and has been constructed in compliance
with the authorization and conditions contained herein. Site visits mav occur durin� business
hours without prior notice and after business hours with 24-hour notice.
M. Abandonment. If, at any time, the Commission determines that the improvements in
the Bay authorized herein have been abandoned for a period of two years or more or have
deteriorated to the point that public health safetv or welfare is adverselv affected, the
Commission mav require that the improvements be removed bv the permittee(s), its assi�nees
or successors in interest, or by the owner of the improvements, within 60 days or such other
reasonable time as the Commission may direct.
N. Best Management Practices
1. Debris Removal. All construction debris shall be removed to an authorized location
outside the iurisdiction of the Commission. In the event that anv such materia! is
�laced in any area within the Commission's iurisdiction the permittee(s), its
assi�nees, or successors in interest or the owner of the improvements shall remove
such material, at their expense, within ten days after they have been notified by the
Executive Director of such placement.
1
� �� f
PERMIT NO. 1983.006.07
FelCor/CSS Holdings, L.P.
c/o Felcor Lodging Trust
(Originally Issued on Apri) 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
Page 15
2. Construction Operations. All construction operations shail be performed to prevent
construction materials from fallin�, washin� or blowin� into the Bay. In the event
that such material escapes or is placed in an area subiect to tidal action of the Bay,
the permittee(s) shall immediately retrieve and remove such material at its expense.
O. In-Kind Repairs and Maintenance. Anv in-kind repair and maintenance work authorized
herein shall not result in an enlar�ement of the authorized structural footprint and shall only
involve construction materials approved for use in San Francisco Bay. Wo�k shall occur durin�
periods desi�nated to avoid impacts to fish and wildlife. The permittee(s) shall contact
Commission staff to confirm current restricted periods for construction.
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and
Development Commission on the date first above written.
LAWRENCEI. GOLDZBAND
Executive Director
San Francisco Bay Conservation and
Developmer�t Commission
By:
m BRAD McCREA
Re latory Program Director
BM/MY/ra
cc: U. S. Army Corps of Engineers, Attn: Regulatory Functions Branch
San Francisco Bay Regional Water Quality Control Board,
Attn: Certification 5ection
Environmental Protection Agency
City of Burlingame Planning Department
* * * * * * * * * * * * * * * * * * * * * * *
Receipt acknowledged, contents understood and agreed to:
Executed at
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PERMIT NO. 1983.006.Q7
(Originally Issued on April 25, 1983, As
Amended Through March 12, 2015)
AMENDMENT NO. SEVEN
FELCOR/CSS HOLDINGS, L.P.
C/O FELCOR LODGING TRUST
NOTICE OF COMPLETION AND DECLARATION OF COMPLIANCE
San Francisco Bay Conservation
and Development Commission
455 Golden Gate Avenue, Suite 10500
San Francisco, CA 94102
Ladies and Gentlemen:
You are hereby informed that the work authorized by the above-referenced amended
permit was completed on
I have personally reviewed the t�rms 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 conditi�ns 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.
�, . 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 20
at
(Permittee)
California.
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