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Home My WebLink About1350 Bayshore Highway - Agency Approval Letter.s.s�4 rM R � -�.� _. - STATE OF CALI�ORNIA EDMUND G. EROWN 1R., Gorernor SAP�! FR�,PdCISCO Ei,4Y C�NS�f�V�bTION �iND DCVELOPMEP�IT COMMISSION � 30 VAN NE.SS AV�NUE . ,`�"#7 SkN FRANCISCO, CALIFORNIA 4<102 PHONE: 5573686 � �+ �f r� �y � CARRECTID PER2�IT hi0. 2��7� L �. iAv �em► ie+n � i9 ��wa � Pr9��1' 3 r ��7� �lil` �.� �11t�u'.'G�aa7� �"'F,�Pdi�,.��n nt-.»1'i�, . � Charles Ring and Associates c/o Steve �lintner Gensler �nd ,�ssociates 2�8 Fsattery Street San Franciseo, Cali�'oi�°nia 9� 111 Gentlemen: March 23, 1978 On i�areh 2, 1�78, the San �'rancisco I�.y Conservation �nd DeveZopment Commissian, b� R�rote of 1� aff3.rmativ� and 4 negative, approved ihe resolution pursuant f;o uhich �hia permit is 9.ssued: I. Autt�orization A. Subjeet.to the condiLic�r�s �tated bela�, �he applic�n� :.� �ranted permission to construct and use parkinQ facilities �.nd a public SccPss �rea within the 100-foot� shoreline band� in conjunetion witt� development; �f cc:�� mercial faciliti.es �t 1350 �ayshar� Hi�hWay, Bu:^lin�ame, in San Mateo County, includir.�, �he follawi.Yag: 1. Grade �Pie site; 2. Construet 41 parking spaees; 3. Construct two 5-foot��ride by �627-f�ot-long pedesL-ri2n �fcycle paths along the �:ntire �horelfne of the prop�rt��; 4. C�nstruat two rest/viexir.g areas �ith Gsnches and trash containers; 5. Land�cape the public aecess area; 6. �Construct a 10-foot-�wide by 54G-foot-long pat�sray connecting C�ld iiayshore High�*ay �i.th �he shoreline public aceess r�rea. B. This autharity is g�neraZly pursuant to and limited to the application filLd on January 17� 197�, it�cludin� �11 accompanyin� exhibits, nut subj�ct to modifica�cions required by conditiona hereto. C. Hork authorized herein shall commence prior to August t, �976, or this permi'� will lapse and become null and void. Such Work must also be dili- gently prosPcutecf tr� completion and mu�t be completed by January 1� t98o, unless an extension nf time i� �ranted by araendment of thi� permit. D. Th� project will re�ul� in approxim�tely 12,0�0 aqiva►re f�et of new pu�lic acces� �long �t27 �.inenr t'eet of Bay ahoreline. ido i.ay iill �till be involved. a�. �e r � ' �� ' �Charles King and Associates PERMIT N0. 24-77 Page 2 . IZ. Specfal Conditions ..� The authorization made herein shall be subject to the folloxing special conditions in addition to the standard conditions in Part IV: A. Plans 1. Plan Review. No work r�hatsoever shall be performed at any location pursuant to this authorization until final precise site, engineering, grading, architectural� and landscaping plans for that portion of the work have been submitted to, revievred, and approved by or on behalf of the Commission. Architectural plans submitted for review shall include all outside architec- tural features, including, but not limited to, the location, dimensions� and color of all outs�de signs and other fixtures. In each instance, plan review shall be completed u�ithin forty- five (45) days after reeeipt of the plans to be reviewed. Approval or disapproval shall be ba3ed. upon conformity xith the permit and upon a determination that the proposed construction will be in aecordance aith (a) the information presented to the Engineerin� Criteria Review IIoard for engineering plans; (b) the information presented to and the reccmmendations of or on behalf of the Design Review Board for �radir,g, site, architectur��l and landscapi.ng plans; and (c) all candi4ions of thi.s authorization. 2. Conformity with Precise Plans. All finished structures shall conform to the final plans approved by or on behalf of the Com- mission and no noticeable ehanges to the plans or to any exterfor �trueture shall be made w�thout first obtaining s�^i�ten approval of the change by or on behalf of the Commission. Final plans required to be submitied to any other governmental agency shall eonform to the final plans approved by or on behalf of the Commission. B. Public Access 1. Area. Prior to the use of the office strueture or the construction of any of the parking spaces within the Coffi- mission's jurisdiction, whichever occurs first, the applicant shall, by instrument or instruments acceptable to counsel for BCDC, dedicate to a publie agency or otherwise permanently reserve public rights for access for walking, sitting, viexing� bieycling, fishing, and other related purposed to the foll�wing areas: a. An approximately 12�000-square-foot area at the eastern property line, xhich varies in xidth from 20 feet to 58 feet and contains t�o nodes, one approximately 2�580 square feet in area, and another approximately 2,245 sQuare feet in area (as shown on the Site Plan� revised 2/16/78� and prepared by .Gensler and Associates). _.. _. _ . . _ ._ -- -- .,...,..�. ....,, _. .__.... ____........ .._ . � Charles King and AssQciates PERMIT �f0. 24-77 Page 3 G b. An approximately 540-foot-long by at least 10-Poot-Wide patY�way area connection betxeen Old Bay�hore �iighway shoreline public access area. • 2. Im ravements. Prior to the u�e oP any of the parking area pursuant to this authorization, or by December l, 1979, Which- ever is earlier, the applicant shall construct and ffiake availabl� fbr public use �he publfc acce3s pathxays, and I�nd- scape and i�prove th� areas described in paragraph II-B-1, in accord arifch the plans submitt�d and approved in accord �rith Conditian ZI-A. 3. Ftaintenance. The publie access areas rePerred to in paragraphs II-B-1 a and b shall be �ermanently maintained by, and �t �he expense of the applicant unle�s and until the applicant shall have made permanent maintenance arrangements u�ith �nc�ther private party or public agency acceptable to BCDC. 4. Parking A.rea. Until this authorization is amended or revoe�ed, the.applicant shall allow the general public aecess to the park- ing area from Old Bayshore HighWay and shall not restrict by signs, devices, fee� or other mean� �.he ri�ht of the general public to drive irato and us� ihe parking area. . C. Recordation and Notice 1. Record�tion. The applicant �hall record in San Mateo Countq this authorization znd �he instrument or instrument(s) approved by counsel for BCDC referred to in paragraph II-B-1. The per�it shall be recorded aithin thirty (30) days after issuance of this suthorization and the instrument(s) shall be recorded rrithin thirty (30) days a4'ter approval by aounsel for BCDC. �vidence af both recordations shall be provided to the Commission. 2. Notice to Lessees. This authorization �hall be specifically referred to in any lease or rental agreement to be executed for apace in �he office structure. Sueh reference shall specifi- cally caZl attention to the public access and parking provisians of this �uthorization. . IrI. Findings and Declarations This authorization is given on the basis of the Commission's findings a�d declarations that the work authorized is consistent �rith the McAteer- Petris Act, the San Francisco �ay Plan, the California Environmental Quality Act� and the Cammission's Management Program for San Francisco Bay for the following reasons:� A. Use. The proposed �ffice use and parking facilities is not in any area desi.gnated on �ay Plsn P3�p 9 for any priority us� and is Lherefore consiatent aith the Say Plan. , B. F111. There ia no !'ill proposad. . ; �' L. Charles King and Associates PERMIT N0. 24-77 Page 4 �. Public Access. The proposed project, subject to Condition II-B, stated herein, arould provide the maximum feasible public access to the Bay shorelir.e, consistent xith the project, and this access area would be improved and permanently set asa.de for the use and enjoyment of the public. The Com- mission specifically finds that without the public access areas and improvements required by Condition II-i�, it eould not issue the permit because it co�uld not find that maximum feasible public access consistent rrith the �roject would be provided as r�quired by Section 66a32•u of the Government Code. D. Title. The pro�ect does not involve fill in �he �aYurisdiction at the McAteer-Petris Act. The Commission has shoreline band j the site and has determined that maximum feasible public access would be pro- vided if ali conditions of this authorization are satisfied. The State Lands Division has advised the Comrnission that the State may have rights to the pr�operty wherE tt�� development �aould occur. This authorization is expressly �ade a�ithout prejudice to any claims or rights that the State may have to ;.�tle or other righ�s in the property. This authorization does not and shall i,ot be construed to Mraive or otherwise detrimentally aff�ct any rights to the nroperty owned by the State of California in its sovereign capacity. E. Environmental Impact Report. The City of Burlingame, the lead agency, certified the Final Environmental Impact Peport for the projec� on �anuary 16, 1978• The report, in part, stated, "Fot�ntial exists for si�nifi- cant direct ancl indirect adverse traffic impacts. Partial mitigation is available." The City statcd in resolutions certifying the project that ^�anges, alteration�, and conditions have been incorporated into the project ••�::.ch mitigated and minimized the significant environmental effects. F. Management Program• The Commission f�rther finds, declares �nd r�ertifies that the act�vity or activities authorized herein are asnapproved by �rith the Commission's �Sanagement Program for San Francisco F3ay� the Department of Comm�rce under the Federal Coastal Zone Management Act of 1972, as amended. G. Conclusion. For all the above reasons, the public benefits from the }.�roject elearly_ exceed mny public detriment. :y. Standard Conditions A. All required permissions from governmental bodies must be obtained hefore the commencement of work; this includes, but is not limited to� the U. S. Army Corps of Engineers, the State Lands Commission, the Regional Water (�uality Control Board� and the city and,/or county in which the work is to be • performed, whenever any of these may be required. This permit does not relieve the permittee of any obligations imposed by State or Federal laa, either statutory or otherwise. . B. The attached Alotiee of Coapletion shall be returned to the Commis�ion Within thirL-y f30) days folloWing completion of the r+ork. C. Work must be performed in the precise manner and at the precise locations indicated in your t�ppliaation. .,.,r. � • �• Cnarles King and Associates PERMIT H0. 2u-77 Page 5 D. Work must be performed in a manner so as to minimize muddying of �raters, and if diking is involved� dik�s shall be raaterproof. If any seepage returns to the Bay, the permittee will be subject to the regulations of the Regional Water Quality Control Board in that regard. E. The rights derived from �this permit are assfgnable, but such assignment shall not be effective until the assignee shall have executed and the Commission shall have received and acknowledgment that the assignee has read and understood the application for thfs permit and the permit itself, and agrees to be bounci by the eonditions hereof. F. Except as otherwise noted� violation of any of the terms of this permit shall be grounds for revocation. The Commission may revoke any permit for such violation after a public hearing held on reasonable notice to the ' permittee or to his assignee if the permit has been effectively assigned. G. This permit shall not take effect unless the permittee executes the orig�nal of this permit and returns it to the Commission within fifteen (15) days after the date hereof. Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and Development Commission on the date first abo��e �aritten. Ori�ii:al /s/ Charles R. Roberis CHARLES R. ROBERTS Executive Director CRR/lf cc: U. S. Army Corps of Engineers, Attn: Regulatory Functions Br�anch S. F. Bay Regional kiater Quality Control Board� Attn: Certifieation Section Environmental Protection Agency, Attn: Chris Vais, E-4-2 • IF f f f iF f ! � i Receipt acknowledged, contents understood and agreed to: Executed at On By: Applicant Title -•� --