HomeMy WebLinkAbout1350 Bayshore Highway - Agency Approval Letter (3)4t STATE OF CALIFORNIA PETE WILSON, Govemor
. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
THIRTY 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
and As Corrected on March 11, 1997)
CORRECTED 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 t� the
"original pernut � is issued. Pursuant to Re ulation 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 bv the origmal nemuttee and
became null and void Moreover on December 23 1996,..pursuant to Re�ulation Section 10822.
I. Authorization
A. Subject to the conditions stated below, the a�g�� permittee One Bay Plaza Associates
L.P., is granted permission to construct and use parking facilities and a public access area ��
, 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 �wa an �8-foot-wide by 427-foot-long pedestrian and bicycle patl�
along the entire shoreline of the property (Amendment No. Three);
4d. Construct two resdviewing areas with benches and trash containers;
�e. Landscape the public access area; a�
�f. Construct a 10-foot-wide by 540-foot-long pathway connecting Old
Bayshore Highway with the shoreline public access azea, ��� ---, �� a•
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(v1A�? 1 " 1G97
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PLFti��:,:;i.�;� u�� '�.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 2
�
h.
jurisdiction (Amendment No. Threel: and
Three .
2. Within the Bav:
a.
�
Within 20 feet of the Bayside of the concrete seawall remove all portions of
B. This amended authority is ger�e�� issued pursuant to and limited �e � the ori i��nal
application filed on January 17, 1978, and the �revious �ermittees' letters dated Au, usg_t 6. :
- — - -- - �
1997 rec�nesting.corrected Amendment No. Three, including all accompanying exhibits thereto,
but subject to modifications required by conditions hereto.
C. Work originallX authorized herein
, --:
1997 or this permit will lapse and become null and void. Such work must also be diligently
prosecuted to completion and must be completed by May 1. 1997 ��^••^�� ',-'�, unless an
extension of time is granted by amendment of this pernut.
ED.This project as amended will result in approximately 10.800 �?AA9 square feet of new
public access along 4271inear feet of Bay shoreline. No Bay fill is authorized �e�ve�.
II. Special Conditions
The amended authorization made herein shall be subject to the following special conditions, in
addition to the standard conditions in Part N:
A. Plans.
1. No work whatsoever shall be performed at any location pursuant to this amended
authorization and corrected pernut 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.
Architectural plans submitted for review shall include all outside azchitectural
�Amendment No. Threel: and
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 3
features, including, but not limited to, the location, dimensions, and color of all
outside signs and other fixtures. In each instance, plan review shall be completed
within forty-five (45) days after receipt of the plans to be reviewed. Approval or
disapproval shall be based upon confornury with the amended pernut and upon a
determination 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. Conformiry with Precise Plans. All finished 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 Commission. 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 Ma�l, 1997 * r t- rr ` `' *'' "+'" �+'".�.�� �"<.
'�..� �
- - . . ., ., ^----'----��,. :.......,7:,.t:.,.. .:,1,;..1.e..e.-.,.....,r� F:,.�*
...,Y.,..-�--a�r�--- -----..
the a��� permittee shall, by revised instrument or instruments acceptab e to
counsel for BCDC, dedicate to a public agency or otherwise permanendy reserve
public rights for access for walking, sitting, viewing, bicycling, fishing, and other
related purposes to the following areas:
a. An approximately �-z?AAA 10.800-square-foot area at the eastern property line,
.:,hi�h .,ar;P� ;,, w;�th frnm 20 feet to � 39 feet and contains two seatin nodes
L7
area.
2. Improvements. Prior to t � `
* • „*• �, n �, � imn_s �.• �. ����;�r, Ma,y 1. 1997the
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� pernuttee shall construct and make available for public use the public access
pathways, and landscape and improve the areas described in paragraph II-B-1, �
ae�e� as generally shown in �k the plans �e� entitled "One Bay Plaza Shore
Protection Im�rovements Sheets 1-S�repared by Moffat and Nichols, dated Julti
1996 revised Au,gust 27. 1996," and approved m accord with S�.ecial Condition II-
A. The im�rovements 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
and As Corrected on March 11, 1997)
CORRECTED AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 4
a. An 8-foot-wide bv 427-foot-lon�pedestrian and bicvcle path alon� the entire
shoreline of the propertv•
b. A minimum of four benches within two landscaped seatin nodes•
c.
d. Annropriatelv located trash receptacles• and
e. A minimum of two nublic access signs a�propriatelv located alon€ he
shorelme.
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 a�gkc��
---, � — . , „ . _
�
5. Reasonable Rules and Restrictions The �ermittee may impose reasonable rules and
restrictions for the use of the pubhc access areas to correct narticular �roblems that
mav arise. Such lirrutations rules and restrictions shall have first been approved b.X
or on behalf of the Commission upon a fnding that the proposed rules would not
etnn�fin�ntiv nff ..+�1.......,L7.,. �.....___ _r.L- ----- . , , . . . . . .. . _
nroblem that the nermittee has both identified and substantiated Rules mav include
restnctin� hours of use and delineating a�propriate behavior
Parking Area. Until this authorization is amended, or revoked, the a�� permittee
shall allow the general public access to the pazking 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 azea.
�l l��la��lll���� a, ��cCueu o� any puniic access amemties such as signs benches,
drmkine fountains. trash containers and ligh�periodic cleanup of litter and other
matenals deposited wrtYun the access areas• removal of anv encroachments into the
Assianment. The pernuttee shall transfer maintenance responsibility to a public
a�encv or another party acce�table to the Commission at such time as the �ropertv
transfers to a new narty in mterest but onl�provided that the transferee a ees in ^
wntin�, accentable to counsel for the Commission to be bound bv all terms and
conditions of ttus permit
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 5
C. Shoreline Protection.
1. Shoreline Protection. The permittee shall construct the shoreline protection in
2.
3. Maintenance. The shoreline protection improvements authorized herein shall be
D. Construction Practices
1. Debris Removal. The pernuttee shall remove all construction debris to a location
outside the jurisdiction of the Commission. In the event that anX such material is
placed in anv area within the Commission's jurisdiction. the permittee, its assi ns. or
successors in interest. or the owner of the improvements, shall remove such material.
at its expense, within ten days after it has been notified by the Executive Director of
such �lacement.
used to protect the toe of the concrete seawall shall be either c�uarry rock or sneciallv
ttuckness of the slope protection shall be no more than three feet measured
Commission. No Bay �11 is authorized to construct the shoreline protection.
Commission, the �ernuttee or anv successor or assi�nee shall conect anx
maintenance deiiciencv noted by the staff.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on Mazch 11, 1997)
CORRECTED AMENDiVIENT NO. THREE
One Bay Plaza Associates, L.P.
Page 6
2. Construction Operations The permittee shall nerform all_construction oueratinnc rn
3.
ED. Recordation and Notice.
1. Recordation. The a�� pernuttee shall record in San Mateo County this
a�i� amended pernut and the instrument or instrument(s) approved by
counsel for BCDC referred to in Special Condition II-B-1. The amended pernut shall
be recorded within thirty (30) days after issuance of this amended permit 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 a�� amended pemut shall be specifically referred to
in any lease or rental agreement to be executed for space in the office structure. Such
reference shall specifically call attention to the public access and pazking provisions of
this amended permit.
B. Notice of Assignment
1. Notice to Buvers. Prior to enterin into any a�reement to sell or otherwise transfer
an�nronertv mterest to an� d party the pernuttee or any assignee of this pernut
or anv nart of it. shall provide the partv with a copv of this pernut and shall call his or
,�.._ _��__�--- -- ,. . .. . --
2. Assianment of Permit. Withi
vi �iiis �crrni[.
F, Notice to Contractor. The �ernuttee shall provide a copy of this �ernut to any contractor or
�erson worlcm� m concert with the pernuttee to carry out the activities authorized herein and shall
pomt out the special condrtions contained herein
Soil Removal. The nermittee shall stockpile the top 8 inches of topsoil during
trennhina art�v�t�P� onii rn.,l��.o sL....,,. ........_ ____ _ _. _ _ ___ _ � . .
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED 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 findings and declarations that the
work authorized is consistent with the McAteer-Petris Act, the San Francisco Bay Plan, the
California Environmental 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 priority use and is therefore consistent with the Bay Plan.
B. Fiil. There is no fill proposec� or authorized herein
C. Project Histor,y
The staff recommendation originallv a� roved bY the Commission on Mazch 2 1978
uS1V St3ted that the nrniert wr,,,l.� ,-A�„�r ,,, .,.... .............«,.�_. , � .,.... _ ___ _ ,. . .. . ..
1uUJ1�
chan�es or revisions to the project pursuant to Amendment No One
...,,., ���,.,� cui w t;lailt uld[
notification was necessary onlv when the lessee has an � right or power to control of affect the
rinhl�r arnace nr..�rL......,..,.,.,. TT__________ �t .
II.C.2.
Corrected Amendment No. Two issued on March 13 1984 authorized the installation of
apnroximatelv 300 cubic vards of riprap over approximatelv 4301inear feet of the shoreline The
amendment reauest was necessary to carry out maintenance of existing shoreline protection and
prevent eros��n anr� ,,,,�Pt,Y,,,,,,,e .,f*�,A ,,,,�,,,,. ,,,.,.e.... .._,... TL_ ________ .. . _
lan�ua�e, �articularlv the revised Standard Condition language
Revised and Corrected Amendment No. Two issued on October 24 1984 authorized the
installation of annroximatelv 300 cubic vards of riprap over a�proximately 430 linear feet of the
shorelme. The Revised and Corrected Amendment also inco orated the revious ermittee's
!`l�nrarno or.rl ..1..,......., «,..�,._.]7�-'----- . ., ... . . _. '- ' -
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 8
Subsequent to the issuance of Revised and Corrected Amendment No Two, the nrevious
the approved plans.
protected from future shoreline erosion Therefore as conditioned and once the shoreline
ED.Public Access.
In considerin the original �roject, the Commission was very concerned about the desi�n
approvea tne �anctscape and shoreline protection plans Authorization for the work was not valid as
On January 31. 1996, the Commission staff ins�ected the public access areas and found
that the cribwall was severely eroded and undermining the nublic access areas. The staff believed
.:r..�:mr..: r�. r_�s� � r:e:�s��
- - _ .
vote on tviarcn L. 1y i�, tne t,omrmssion made changes to the staff recommendation regarding the
width of the public access area. The exhibit and,�lans agreed to at the�ublic heazing showed a
public access area ran�� in width from a minimum of 20 feet to a maximum of 55 feet and were
dated February 2. 1978.
im�rovements requirea m �pecial C'ondition ll-J3 it couid not issue the permit because it could not
find that maximum feasible public access consistent with the project would be nrovided by Section
66632.4 of the Government Code.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED AMEIVDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 9
The Commission staff then mistakenl issued the ori inal ernut with different dimensions
�ublic access areas than wPrP aQrPP,� r„ at �ho r��,.,.�, 7�n�o ___�_ ..+, . ...
���� �� �.,., W �, �„ a�� ox������ aa�ea re�ru 16
1978. That exhibit showed a ublic access area ran in in width from a minimum of 12 feet to a
Iria7cimum nf45 fPPt �„ t1,P „ro..;,.,,� ..�..._.:�.....+.. _____�_ , .. . .
the land.
The previous nermittee then submitted final �lans in accordance with S�ecial Condition II
A. However. the nlans did not clearlv show the propertv lme between the shoreline and the
nrevinnc nP,,,,,rrAA�� ,,.,..v...� i,.� ___ �_� �,---- -, .. .. ... . -
Subseauentiv a severe winter storm and high tides in 1982 83 eroded both the WestbaY
ie anrl thP „rP.,,.,,,� „o.�..,.*+ee+.. ..�.,..._,.-- -- � — _ ., . . _
.,a, ,�. w�u«, liv��� �v �v �ri l�e[ ana IIOL J�
feet as ori�inallv reauired or the 51 feet that the staff deternuned was appropriate on December 5
1984. As a result there exists a discrepancv between what the Commission reauired fnr n„h�;�
built at the site and e�sts as of 1996.
On January 31, 1996. the Commission staff inspected the public access areas and found
rri}�wall .:,�� �o..o..el.. ,...�a_a ----'-- _ .. . - - -• —
....�„ cu�.uu. ivicJV1VG L11G
outstan ine violation, the new owner One Bav Plaza L P reQuested Amendment No Three
wtuch authonzes the removal of the detenorated cnbwall the construction of a new seawall and the
iA("�PC1Qn an� rn�n�an......:«... ..taL_ �._L7'_ _ _ _ ' ' _ __ —
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED AMF�IDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 10
�v. �wa.a—a �.uao n�,L Cu1LL 111G JZLLl
Francisco Bav Plan. Corrected Amendment No Three supersedes all �revious permits and is a
com�lete restatement of BCDC Pernut No 24 77
�BE.Title. The project does not involve �11 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 property
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 properiy. 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. Enviranmental 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,
"Potential exists for significant direct and indirect adverse traffic impacts. Partial mitigation is
available." The City stated in resolutions certifying the project that changes, alterations, and
conditions have been incorporated into the project which mitigated and minimized the significant
environmentai effects. Pursuant to Cornmi�cinn Re�ulation Section 11501 work authorized in
Amendment Aio. One Amendment ATo T�vo Carrected ArriertdnletrtNo 7`wo Revised and
Corrected Amendment No Two and Amendment No Three are categorically exem�t from the
reauirement to prepare an env�ronmental impact report
�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 Commerc�e �ndec the Federal Coastal
Zone Management Act of 1972, as amended.
F�H. Conelusion. For all the above reasons, the public benefits from the project clearly exceed
any public detriment.
IV. Standard Conditions
A. All required permissions from governn�ntal bodies must be obtained before the
commencement of work; these bodies include, but are not limited to, the U. S. Army Corps of
Engineers, the State Lands Commission, the Regional Water Quality Control Board, and the city
and/or county in which the work is to be performed, whenever any of these may be required. This
amended pernut does not relieve the pernuttee of any obligations imposed by State or Federal law,
either statutory or otherwise.
B. The attached Notice of Corrtpletiaa and IIeciaration of Compiiance form shall be returned to
the Commissian within 30 days following co�ple��o�r of the work.
C. Work must be performed in the precise manner and at the precise locadons indicated in
your application and amendment requests, as such may have beea modified by the terms of the
amended pernut and any plans app�oved r� w�i�ir�g by or on beha�f vf the eommission.
�
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED AMENDMENT NO. THREE
One Bay Plaza Associates, L.P.
Page 11
D. Work must be performed in a manner so as to minimize muddying of waters, and if diking
is involved, dikes shall be wateiproof. If any seepage returns to the Bay, the pernuttee will be
subject to the regulations of the Regional Water Quality Control Board in that region.
E. The rights, duties, and obligations contained in this amended permit are assignable. When
the permittee transfers any interest in any property either on which the authorized activity will occur
or which is necessary to the full compliance of one or more conditions to this amended permit, 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 effective until the
assignee executes and the Executive Director receives an acknowledgment that the assignee has
read and understands the amended permit 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 pernut .
F. Unless otherwise provided in this amended permit, 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 pernut, any work authorized herein shall be
completed within the time limits specified in this amended permit, or, if no time limits are specified
in the amended pernut, within three years. If the work is not completed by the date specified in the
amended permit, or if no date is specified, within three years from the date of the amended permit,
the amended pernut shall become null and void. If � this amended pernut becomes null and void for
a failure to comply with these time limitations, any iill placed in reliance on this amended pernut
shall be removed by the pernuttee 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 pertnit shall be
grounds for revocation. The Commission may revoke any amended pernut for such violation after
a public hearing held on reasonable notice to the pernuttee or its assignee if the amended pernut has
been effectively assigned. If the amended pernut is revoked, the Commission may deternune, if it
deems appropriate, that all or part of any %11 or structure placed pursuant to this amended permit
shall be removed by the permittee or its assignee if the amended permit has been assigned.
J. This amended permit shall not take effect unless the pernuttee executes the original of this
amended pernut 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 pernut 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 pernut.
PERMIT NO. 24-77
(Issued on March 23, 1978, As
Amended Through December 27, 1996
and As Corrected on March 11, 1997)
CORRECTED 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 pernut 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 permit shall be subject to removal by the permittee 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 ternunated to the extent that the Commission determines that such
uses should be ternunated.
Executed at San Francisco, California, on behalf of the San Francisco B�y Conse ation and
Development Commission on the date first above written. /
% —
�
WII.L TRAVIS
Executive Director
San Francisco Bay Conservation and
Development Commission
WT/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
*
* * * * * * * * * * * * * *
Receipt acknowledged, contents understood and agreed to:
Executed at
Applicant
On
:
Title