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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 ; , , .. � � , , . C.,.�.,.-.1 I.,... ..i+h... �+..F.�+.,.-.. .. +L. 1 �.ML. � • / 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 . '- . . . � - - . , . , , , �ee�-a�s+��#- 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 .. _ „ .. . . �-,. ., ,�,.�,,....., ,. ��, +. �. �, i,� � + + ,� .,, a��� 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 Applicant On By: Print Name and Title fiL i� _ n..e.a+..ca..,.,,.�. i i �I �� 9AN FRANCISCO BAY GRANADA ROYALE HOMETELS (EMBASSY SUffES) iSQ AIQA RVD. , ANjA AnPO'li pA/IK BUil1KiAME. CA - ' BIUM ASSOCIAIE9, ARCHIECf9 ' 9GAlE: 1"� �0._0.• � NORiH ` CALUNpEf1 ��SpCµfED, LAlIDSCA�E AqGeTECT! • nwusr 2�. iaee " . . :w 0. I ANZq LAGOON R��.v�+r.cu.•.� -- � ` �i H H �C W i m v� � � w � �� 9AN FRANCISCO BAY GRANADA�ROYALE NOMETELS IEMBASSY SUI7ES) 150 AMA 9Lyp., ANZA A11IPp17I P�qK B��pAME. CA ' Blllnt ASSOCu1E9. �qCHiECf! SCALE Y': 10'-0" • .. CAllAl�E/iA�50CUfE7, 1AN09CAPE �Rq�IEG!! � NORiH WfiU9T t�, ipE� : . � .• ' . . '� L __ �-__- ---�� A 'Y � ..� � M + �A11 f11ANCISCO �AT :r. r ..�•��^..: � ..... . .. . ...... ...�.' � ♦w.��i.i� ...���•�••1w► r r• ��iTi � , j..i ` ..w • �'r.'" • YM I' : � ��• r� � 4.� -. � �}:...■ "` .ar �i' • .,i�n .t ,�� , �. . � •: «:: �.:�' 7� r:. w:.� ` '.'w »=�� r�MwM� i^.�M s� -.'. w � � ���'���'�- yAhi��LAfii.uN \��� - _. `yj: f"�`� M"�,:. � ' � �.� . , 1 / • � . ��. .i��.�"w�' Z i �: � , � t; • ."'��:r�. . iL.,�i� 'N ' iw. .(� �. ��f�•�• ��� _�''r�"�-.�• r.� « VICIN{TY MAP �"O'�Ec� �tE ��• M. � 1"� `+�Wae.a, ' ~��ti+����rl �� AIA/OMY W��11r ' ��YII{i� �� CIIRRENT M�CANT MRCEL iW. �OIv� YY�O J �00� �O�lr� �ON. MLK KfJM M� �uro�t �ou�siMn ��� ��A M�CN�M �W�W pM10Mll� �W �O�YOMq11� �� 1� � NOIIPAY WN PARCEL 10 SHORELINE PREUNINAqY SITE OEYELOPMENT PLAN � �� rr��..+.� ��rs�•vi�raa� M�� Uw� NYM/1 _ • M M . • �I �1.1� �itF yHM�l+ uau�� ��— �w..�..n... V � � . . . • 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 ; , , .. � , , , . ,.r+ �+.,�..,+.,... ,. ,.+�.,,.. . .,� . , ,�i-....- .. ,,,� : .-:+:.,,. �.., „ ., t,,.�..,ir,.�+�.,, r,..�,.....�.-�:,,.. 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 11 . . . . _ . _ . , � 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 ....,.,, .,�,, ..,,,..,..�,,.� �,. +�„ �,,. .......:......... .��...+..�+:.,i ,.t,..�..., : .,+w,,.:.,,,.� �...+t,:.. .. �a,.,� •+ .,.....,�..�.�.�,� ..�����b�.. , i t n n � �� . � i � � � . � r,..., .....:....:.... .�,.+,,......:..,,.- +w -.. .. ,.�. . .. w i a � + � a 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 Applicant On By: Print Name and Title t�i � � H H a - ' - � . _. . • r. - . � - [/m/��f \] ose� •�z isnonv HllION �T/ C1�3uqtlV 3�v�SaIV1'G31YL105iY 43Or/Yll►] . � .,0-.0► �„t 3lY�S i1�31Y1�tlY'S3/YqpSS1' Wi111B . Y� 3WYDN'LYIg M11Yd 1l'OdI�V yj�ly '�p�1 Y2NY GSI (S31.tf1S ASSb'8W31 S1313WOH 31t11�0a dadNtll��J ✓ .,..v. ,,,»...Y, �,.,. ,� �: �. - . . Ave oosi�r� Nvs t . .■ E � ' . . 4 L 3AN FRANCI9C0 BAY � GRANADA�ROYALE HOMETELS (EMBASSY SUCIES) 150 ANZA BLyp., ANZA Al11PplIf PMN EUIK11pAME, CA BWM ASSOC41E9. A'7CH7Eci9 SCAIE t": �0"-0" LAll11f0Ef1 A�SOCIATE9. UIq9CAPE �RCI�fECi� NpprH �WU9f 2�, 1pB� ' .� �T ' � ' • ..` � M { �A11 flIAMCISCO /AT +• `'✓ .'.�::,e�'�"r r..w�.w�:ry�i.�� .:"=::�•r•ww► �'. w• �tiw / r:• • � ��' ' �.�_r�. �_ ... . :.�.::�. �: :: r.�t?e, ��� ai�n•t '� -.' .�, ' ~«:: �� .,' ' �, .�- ri:.,r �, �/ "`: � �.a ._r r+w.'Vf'_fb w _ 1' " . i � � � �lr����'' Yrwi�'L�:uM ; - �� ' _. '�- �yJ: � :wry, r• � • � ! � ••• �1 �4 ' • �y�i..f- �.♦ �,� �;t�� �:�:::�. ' ` �rr • • . � �: •i• vi �: . iL! ._. � '+� ' � � � ..i .� 1 •.�ti.�• ._:. :f — .r.,?tf:.• . . rr•M _'�� VICWITY MAP '"OJE�r s�rE - ..�.�. �.. .�...a.. ;�---- � \ wu• u000w ; �� ��� � � . ' / I u�Ess r I j , � ���KM111 " , / • . �: / roa a �u�� � � earru ru+• .:� I � �+oo� �Yare . • 1�. j�'�� �!';.-... 1 irs+'�'�� - �/ aw. wrac awa wr � '� . � `�, . • �r �w'«'»�- �� �'�� �LrMp ���^� r 1 •s �� �: r � , 07�CYA Ye�� 1{/1f� .�...w.,. ....�....-... �. �.....o.... �� �r �` �y `� �� _'." ifq � ' ���ti.���������I �� r1f10�O11Y W/�MY ' ..�a....�. CYRAENT YACANT �AIICEL ,,... .�,. �, � .r. wna.r: � i�are oo`�� reaw �auaw a�ra�■r �rr ra�va.�rw 1� 1� � � .� ..�.... i+ouo�r wN PARCEL i0 SHORELINE PREUWNAqY SITE DEVELOPMENT PLAN C� c......�.�. �.���� MI��r+� 1w�r� 4� MIIMN _ • M M . • C�/ �7.1� �T�i'P .raH�s. uiu�• � � � � „ 1 �• � 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. Title