HomeMy WebLinkAbout1350 Bayshore Highway - Agency Approval Letter (2)' STATE OF CALIFORNIA PETE WILSON, Govemor
SAN FRANGlSCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
,�'fHiRTY VAN NESS AVENUE, SUITE 2011
SAN FRANCISCO, CALIFORNIA 94102-6080
PHONE: (415) 557-3686
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
R. Matthew Moran, Acting Manager
One Bay Plaza Associates L.P.
2929 Campus Drive, Suite 450
San Mateo, CA 94403
ATTENTION: Margo M. Moose
Ladies and Gentlemen:
On March 2, 1978, the San Francisco Bay Conservation and Development Commission, by a
vote of 18 affirmative, and 0 negative, approved the resolution pursuant to which � the
"original permit � is issued. Pursuant to Regulation Section 10722 the Executive Director
Revised Amendment No. Two. Amendment No. Two, Corrected Amendment No Two and the
Corrected and Revised Amendment No. Two were not acknowledged by the pernuttee and became
null and void. Moreover on December 23 1996 pursuant to Regulation Section 10822 the
Executive Director Approved Amendment No Three �ursuant to which this amended permit is
herebv issued:
I. Authorization
A. Subject to the conditions stated below, the �� pernuttee is granted permission to
construct and use parking facilities and a public access area ••��*'��� «�,o i nn c„+ ��,,,..o,:„e ,..,,,a� in
conjunction with development of commercial facilities at 1350 Bayshore Highway, Burlingame, in
San Mateo County, including the following:
1. Within the 100-foot Shoreline Band:
�-a. Grade the site;
�b. Construct 41 parking spaces;
�c. Construct t�e an �-8-foot-wide by 427-foot-long pedestrian and bicycle paths�
along the entire shoreline of the property (Amendment No. Three);
4d. Construct two rest/viewing areas with benches and trash containers;
�e. Landscape the public access area; �
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 2
�f. Construct a 10-foot-wide by 540-foot-long pathway connecting Old
Bayshore Highway with the shoreline public access area;
�-:
'urisdiction Amendment No. Three • and
h. Install annroximatelv 4271inear feet of concrete seawall on gabion mats
includm��rap scour �rotection on the Bav side of the wall (Amendment No
Three .
2. Within the Bav:
a.
�
B. This amended authority is ge�er-�� issued pursuant to and limited �e � the original
lication filed on January 17, 1978, and vour letters dated August 6 1981 requesting
-- � - . �. ,�, . . - � -- - - - -
including all accompanying exhibits thereto, but subject to modifications required by conditions
hereto.
C . Work ori � ina11X authorized herein �-��tre-�r��e = * � , ' °�4 �;as alreadv
- -- - , . . , .. . , . . . - - —
1 6 or this permit will lapse and become null and void. Such work must also be diligently A
prosecuted to completion and must be completed by Mav 1. 1997 ���^M� �,�°4^, unless an
extension of time is granted by amendment of this pernut.
ED.This project as amended will result in appro�mately 10.800 -�AA9 square feet of new
public access along 4271inear feet of Bay shoreline. No Bay fill is authorized •���"'�� �^����•��a.
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. Plans.
No work whatsoever shall be performed at any location pursuant to this amended
authorization and conected permit until final precise site, engineering, grading,
architectural, and landscaping plans for that portion of the work have been submitted
to, reviewed, and approved in writing by or on behalf of the Commission.
(Amendment No. `Threetand
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 3
Architectural plans submitted for review shall include all outside architectural
features, including, but not limited to, the location, dimensions, and color of all
outside signs and other �xtures. In each instance, plan review shall be completed
within forry-five (45) days after receipt of the plans to be reviewed. Approval or
disapproval shall be based upon confornuty with the amended pernut and upon a
deternunation that the proposed construction will be in accordance with (a) the
information presented to the Engineering Criteria Review Board for engineering
plans; (b) the information presented to and the recommendations of or on behalf of
the Design Review Board for grading, site, architectural and landscaping plans; and
(c) all conditions of this amended authorization.
2. Conformity with Precise Plans. All iinished structures shall conform to the iinal plans
approved by or on behalf of the Commission and no noticeable changes to the plans
or to any exterior structure shall be made without first obtaining written approval of
the change by or on behalf of the Comrnission. Final plans required to be submitted
to any other governmental agency shall conform to the final plans approved by or on
behalf of the Commission.
B. Public Access.
1. Area. Prior to Mav 1. 1997
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the a�e,a� pernuttee shall, by revised instrument or instruments acceptable to
counsel for BCDC, dedicate to a public agency or otherwise permanently reserve
public rights for access for walking, sitting, viewing, bicycling, fishing, and other
related purposes to the following areas:
a. An approximately -�.?9A810.800-square-foot area at the eastern property line,
which varies in width from 20 feet to �& 39 feet and contains two seating nodes
0
area.
2. Improvements. Prior to t
�e�e�e�b3+��ee�,,.,'��Y , , , �''�, ..,'�;e�e�=e�i$-e�e�, Mav 1. 1997 the
�� nermittee shall construct and make available for public use the public access
pathways, and landscape and improve the areas described in paragraph II-B-1, �r
�ae� as eg nerallv shown in � the plans s�� entitled "One Bav Plaza Shore
Protection Improvements. Sheets 1-5, prepared by Moffat and Nichols. dated July
1996, revised Au�ust 27. 1996." and approved in accord with S cial Condition II-
A. The improvements shall be handicapped accessible and include, but not be limited
to:
An approximately 540-foot-long by at least 10-foot-wide pathway area
connection between Old Bayshore Highway and the shoreline public access
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 4
a. An 8-foot-wide by 427-foot-lon�pedestrian and bicycle path alongLthe entire
shoreline of the propertX;
b. A minimum of four benches within two landscaped seatin ng__odes_
c.
d. Ap�ropriatelv located trash receptacles: and
e. A minimum of two public access si�n, s a�ropriately located alon�the
shoreline.
3. Maintenance. The public access areas referred to in paragraphs II-B-Ia and b shall
be permanently maintained by, and at the expense of the ��
deficiencv noted in a staff ins�ection of the site.
4. Assianment. The permittee shall transfer maintenance responsibiliry to a public
writin , acceptable to counsel for the Commission. to be bound bv all terms and
conditions of this pernut.
5. Reasonable Rules and Restrictions. The perm.ittee mav impose reasonable rules and
restrictions for the use of the public access areas to correct particular �roblems that
mav arise. Such limitations. rules. and restrictions shall have �rst been a�proved bX
or on behalf of the Commission upon a finding that the proposed rules would not
signifcantly affect the public nature of the area would not undulv interfere with
reasonable public use of the �ublic access areas. and would tend to correct a s�ecific
problem that the permittee has both identified and substantiated Rules ma,y include
restricting hours of use and delineatin anvropriate behavior
6. Parking Area. Until this authorization is amended, or revoked, the �� permittee
shall allow the general public access to the parking area from Old Bayshore Highway
and shall not restrict by signs, devices, fees or other means the right of the general
public to drive into and use the parking area.
or replacement as needed of anv public access amenities such as si�ns benches
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 5
C. Shoreline Protection.
1. Shoreline Protection. The pernuttee sha11 construct the shoreline nrotection in
2.
3. Maintenance. The shoreline protection improvements authorized herein shall be
D. Construction Practices
1. Debris Removal. The permittee shall remove all construction debris to a location
outside the jurisdiction of the Commission. In the event that any such material is
placed in anv area within the Commission's jurisdiction the �ermittee its assi n�s or
successors in interest, or the owner of the im�rovements shall remove such material
at its expense. within ten days after it has been notified bv the Executive Director of
such placement.
usect to nrotect the toe of the concrete seawall shall be either c�,uarry rock or speciallX
cast or carefullv selected concrete �ieces free of reinforcin� steel and other extraneous
C:ommission, the permittee or any successor or assi�nee shall correct anX
maintenance deficiencx noted bv the staff.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 6
2.
3. Soil Removal. The pernuttee shall stock,.pile the top 8 inches of topsoil during
ED. Recordation and Notice.
Recordation. The �i� e�rmittee shall record in San Mateo Counry this
��e� amended pernut and the instrument or instrument(s) approved by
counsel for BCDC referred to in Special Condition II-B-1. The amended permit shall
be recorded within thirty (30) days after issuance of this amended pernut and the
instrument(s) shall be recorded within thirty (30) days after approval by counsel for
BCDC. Evidence of both recordations shall be provided to the Commission.
2. Notice to Lessees. This amended pernut shall be specifically referred to
in any lease or rental agreement to be executed for space in the ofiice structure. Such
reference shall specifically call attention to the public access and parking provisions of
this amended pernut.
E. Notice of Assignment
1. Notice to Buyers. Prior to enterin i� nto an��reement to sell or otherwise transfer
an�property interest to any third party, the pernuttee, or anv assignee of this pernut
or an�part of it, shall provide the partv with a copy of this permit and shall call his or
2. Assignment of Permit. Within ten days after executing anv agreement to sell or
otherwise transfer any interest in the subdivision to a buver, the transferor(s) shall (a)
notifv the Commission of the nature of the transfer, the name address and telephone
number of the buver and the date of the transfer, and (bl shall also submit an
assignment of this pernut for the area transferred that has been executed bv the buyer
indicating that the buyer has read, understood, and agreed to the terms and conditions
of this pernut.
F. Notice to Contractor. The,�ernuttee shall provide a co�,v of this �ernut to anX contractor or
person workin� in concert with the �ernuttee to carry out the activities authorized herein and shall
�oint out the special conditions contained herein.
snall immecliatelX retneve and remove such material at its ex�ense
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 7
III. Findings and Declarations
This authorization is given on the basis of the Commission's fndings and declarations that the
work authorized is consistent with the McAteer-Petris Act, the San Francisco Bay Plan, the
California Environrnental Qualiry Act, and the Commission's Management Program for San
Francisco Bay for the following reasons:
A. Use. The proposed office use and parking facilities is not in any area designated on Bay
Plan Map No. 9 for any prioriry use and is therefore consistent with the Bay Plan.
B. Fill. There is no fill proposec�: or authorized herein.
C. Proiect Historx
Amendment No. One. issued on Au�ust 14. 1981, authorized a six-month time extension
for the completion of the project until March 1 1982 The Commission authorized no other
chan�es or revisions to the project pursuant to Amendment No One
Corrected Amendment No. Two, issued on March 13 1984 authorized the installation of
approximately 300 cubic yards of riprap over a�roximately 4301inear feet of the shoreline The
amendment request was necessary to carry out maintenance of existing shoreline protection and
�revent erosion and underminin og f the public access area The permittee never si�ned Corrected
Amendment No. Two because its re�resentative disagreed with the revised permit lan�ua�
particularlv the revised Standard Condition lan�ua�e.
Revised and Corrected Amendment No. Two. issued on October 24. 1984, authorized the
chan es re� din� revisions to the Standard Condition laneuage. However. the �ermittee never
signed Revised and Corrected Amendment No Two because of concerns over the cost to
implement the shoreline protection and the inabilit�to secure a long-term �ro�erty interest from
Westbay Pro�erties to construct the shoreline protection. The �ermittee had a 30-da,y license from
Westbav that could be terminated on 30 dav notice.
public access or parking areas. However the pernuttee never signed Amendment No Two
because its representative disagreed with the revised�ernut langua eg in Special Condition II C 2
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 8
shoreline protection plans proposed a cribwall in-lieu of the riprap authorized in Revised and
Corrected Amendment No: Two. On September 27 1985 the Commission staff mistakenlX
Nevertheless. the permittee installed the cribwall and landsca�in�pursuant to the approved �lans
On January 31. 1996. the Commission staff ins�ected the public access areas and found
that the cnbwall was severely eroded undermining the public access areas The staff believed this
� � • - _ :.�:.:. -Fii..�= � �- .��. ,��1;.-s.,�
In considerin� the ori i�nal project, the Commission was very concerned about the design
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or tne connecnn� patn rrom tiayshore Avenue to the shoreline The staff recommendation initiallX
called for public access along the shoreline ranging in width from a minimum of 20 feet to a
maximum of 58 feet. The applicant did not agree with the recommended access At the vote on
March 2. 1978, the Commission made chan�es to the staff recommendation re�arding the width of
2, 1978.
of the nublic access area along the shoreline S�ecial Conditions II-C are necessar,v to �rotect BaX
resources and ensure that the public access areas are nrotected from future shoreline erosion
Therefore, as conditioned. and once the shoreline protection and alternative public access and
landscanm� is completed, the Commission finds that Amendment No Three resolves the
outstanding enforcement violations
r. r.r.�s zr.'r: ��:LSs�EDST.!RT:!�XLTdf:� Rl:Sl1:1
- i
improvements requirect m Jpecial Condition 11-13 it could not issue the pernut because it could not
find that maximum feasible public access consistent with the�roject would be �rovided bv Section
66632.4 of the Government Code.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 9
ori inallv reauired or the 51 feet that the staff deternuned was appropriate on December 5 1984
"1"riat extubit showed a public access area ranging in width from a minimum of 12 feet to a
maximum of 45 feet on the permittee's propertX, and the remaining access on the adjacent Ba,�ard
parcel. The land adjacent to and Bavward of the permittee's propertv was claimed bv Westbax,
althoueh the State Lands Commission had also asserted a�ropert�interest in the land
The permittee then submitted final plans in accordance with Special Condition II-A
remainin�public access azea, including t`pathwav and some landscaping,. ranged in width from
anproximatelv 20 to 42 feet. On December 5. 1984 the Commission staff deternuned that the
ap�ropriate public access, notwithstandin� the erosion should range in width from a minimum of
20 to 51 feet and not the 58 feet ori,ginally required in the permit
built at the site and exists as of 1996.
outstanding violation, the permittee requested Amendment No. Three which authorizes the removal
of the deteriorated cribwall. the construction of a new seawall and the redesi�n and relandsca�ing
of the public access area alon� the shoreline. To ensure that the �ublic access area will be restored
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 10
�E.Title. The project does not involve fill in the Bay as defined by the McAteer-Petris Act. The
Commission has "shoreline band" jurisdiction at the site and has determined that maximum feasible
public access would be provided if all conditions of this amended authorization are satisfied. The
State Lands Division has advised the Commission that the State may have rights to the properry
where the development would occur. This amended authorization is expressly made without
prejudice to any claims or rights that the State may have to title or other rights in the property. This
amended authorization does not and shall not be construed to waive or otherwise detrimentally
affect any rights to the property owned by the State of California in its sovereign capacity.
�F. Environmental Impact Report. The City of Burlingame, the lead agency, certified the Final
Environmental Impact Report for the project on January 16, 1978. The report, in part, stated,
"Potendal e�sts for significant direct and indirect adverse traffic impacts. Partial mitigation is
available." The City stated in resolutions certifying the project that changes, alterations, and
coriditions have been incorporated into the project which mitigated and minimized the significant
environmental effects. Pursuant to Commission Regulation Section 11501. work authorized in
Amendment No. One. Amendment No. Two. Corrected Amendment No Two Revised and
Corrected Amendment No. Two and Amendment No Three are cate oricallv exempt from the
requirement to prepare an environmental impact report �ursuant
€�G. Management Program. The Commission further finds, declares and certifies that the
activity or activities authorized herein are consistent with the Commission's Management Program
for San Francisco bay, as approved by the Department of Commerce under the Federal Coastal
Zone Management Act of 1972, as amended.
FtH. Conclusion. For all the above reasons, the public benefits from the project clearly exceed
any public detriment.
IV. Standard Conditions
A. All required pernussions from governmental bodies must be obtained before the
commencement of work; these bodies include, but aze not limit�d to, the U. S. Army Corps of
Engineers, the State Lands Commission, the Regional Water Quality Control Board, and the city
andlor county in which the work is to be performed, whenever any of these may be required. 'This
amended permit does not relieve the pernuttee of any obligations imposed by State or Federal law,
either statutory or otherwise.
B. The attached Notice of Completion and Declaration of Compliance form shall be returned to
the Commission within 30 days following completion of the work.
C. Work must be performed in the precise manner and at the precise locations indic�ted in
your application and amendment requests, as such may have been modified by the terms �f the
amended pernut and any plans approved in writing by or on behalf of the Commission.
D. Work must be performed in a manner so as to minimize muddying of waters, and if diking
is involved, dikes shall be waterproof. If any seepage returns to the Bay, the permittee will be
subject to the regulations of the Regional Water Qualiry Control Board in that region.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 11
E. The rights, duties, and obligations contained in this amended pernut are assignable. When
the permittee transfers any interest in any property either on which the authorized activiry will occur
or which is necessary to the full compliance of one or more conditions to this amended perm.it, the
pernuttee/transferor and the transferee shall execute and submit to the Commission a pernut
assignment form acceptable to the Executive Director. An assignment shall not be effecdve until the
assignee executes and the Executive Director receives an acknowledgment that the assignee has
read and understands the amended pernut and agrees to be bound by the terms and conditions of
the amended permit, and the assignee is accepted by the Executive Director as being reasonably
capable of complying with the terms and conditions of the amended permit .
F. Unless otherwise provided in this amended pernut, all the terms and conditions of this
amended permit shall remain effective for so long as the amended pernut remains in effect or for so
long as any use or construction authorized by this amended permit exists, whichever is longer.
G. Unless otherwise provided in this amended pernut, the terms and conditions of this
amended permit shall bind all future owners and future possessors of any legal interest in the land
and shall run with the land.
H. Unless otherwise provided in this amended permit, any work authorized herein shall be
completed within the time limits specified in this amended permit, or, if no time limits are speci�ed
in the amended perrnit, within three years. If the work is not completed by the date specified in the
amended permit, or if no date is speci�ed, within three years from the date of the amended permit,
the amended permit shall become null and void. If � this amended permit becomes null and void for
a failure to comply with these time limitations, any fill placed in reliance on this amended permit
sha11 be removed by the permittee or its assignee upon receiving written notification by or on behalf
of the Commission to remove the fill.
I. Except as otherwise noted, violation of any of the terms of this amended pernut shall be
grounds for revocation. The Commission may revoke any amended permit for such violation after
a public hearing held on reasonable notice to the pernuttee or its assignee if the amended permit has
been effectively assigned. If the amended permit is revoked, the Commission may determine, if it
deems appropriate, that all or part of any iill or structure placed pursuant to this amended permit
shall be removed by the pernuttee or its assignee if the amended permit has been assigned.
J. This amended permit shall not take effect unless the permittee executes the original of this
amended permit and returns it to the Commission within ten days after the date of the issuance of
the amended permit. No work shall be done until the acknowledgment is duly executed and
returned to the Commission.
K. Any area subject to the jurisdiction of the San Francisco Bay Conservation and
Development Commission under either the McAteer-Petris Act or the Suisun Marsh Preservation
Act at the time the permit is granted or thereafter shall remain subject to that jurisdiction notwith-
standing the placement of any fill or the implementation of any substantial change in use authorized
by this amended permit.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996)
AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 12
L. Any area not subject to the jurisdiction of the San Francisco Bay Conservation and
Development Commission that becomes, as a result of any work or project authorized in this
amended pernut, subject to tidal action shall become subject to the Commission's "bay"
jurisdiction.
M. Unless the Commission directs otherwise, this amended permit shall become null and void
if any term, standard condition, or special condition of this amended permit shall be found illegal
or unenforceable through the application of statute, administrative ruling, or court deternunation.
If this amended pernut becomes null and void, any fill or structures placed in reliance on this
amended pernut shall be subject to removal by the pernuttee or its assignee if the amended permit
has been assigned to the extent that the Commission determines that such removal is appropriate.
Any uses authorized shall be terminated to the extent that the Commission determines that such
uses should be terminated.
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and
Development Commission on the date frst above written.
WII,L TRAVIS
Executive Director
San Francisco Bay Conservation and
Development Commission
_.� A �
, ,�,
By: C��'`G�''.'u' ` ,�
;JENNI R RUFF LO
� Acting Executive D'uector
JR/JGJ/vm
cc: U. S. Army Corps of Engineers, Attn.: Regulatory Functions Branch
San Francisco Bay Regional Water Quality Control Board,
Attn.: Certification Section
Environmental Protection Agency, Attn.: Mike Monroe, W-3-3
City of Burlingame, Attn: Meg Monroe
Farella Braun & Martel, Attn: Neil Sitzman
�: * * * * * * � x: * � * * * * * � * �x �x *
Receipt acknowledged, contents understood and agreed to:
Executed at
Applicant
On
:
Titie