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HomeMy WebLinkAbout411 Airport Boulevard - Agency Approval Letter�, ( �� �-�y �-��; �,� ���� . �....._ � $TATE OF GALIFORNIA EDMUND G. BROWN �R., Governor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 VAN NESS AVENUE SAN FRANCISCO, CALIFORNIA 94102 PHONE: 5573686 PERMIT N0. 3-80 Apri1 28, 1980 �EC��VED AP R 2 9 1980 C�pLA�NNINGL'DEPTME Communication Workers �+33 Airport Boulevard Burlingame, California AT'I`ENTION: Ed Cruice Gentlemen: of America g4oio On Apri1 17, 1980, the San Francisco Bay Conservation and Development Commission, by a vote of 17 affirmative, 1 negative, and 1 abstention, approved the resolution pursuant to which this permit is issued: I. Authorization A. Subject to the conditions stated below, the permittee is granted permission to do the following within the 100-foot shoreline band on Assessor's Parcel No. 026-363-290, at 501 Airport Boulevard, 300 feet south of San Francisco Bay, next to the bridge crossing Bay Front Channel, in the City of Burlingame, San Mateo County: l. Construct and use a portion of an approximately 10,800-square-foot, two-story office building as shown on Exhibit A, attached; 2. Construct and use an approximately 1,200-square- foot outdoor patio; 3. Construct and use a portion of a 17-car subterranean parking garage as shown on Exhibit A, attached; 4. Construct and use a portion of a 19-car surface parking lot with two spaces designated for public use as shown on Exhibit A, attached; and 5. Construct, landscape, and use a public access area, averaging approximately 38 feet in width, including a 10- to 12-foot-wide public access path along the entire 203-foot shoreline of Bay Front Channel. .� ,� PERMIT N0. 3-80 Communication Workers of America Page Two B. This authority is generally pursuant to and limited by the application dated February 1�+, 1980, including its accompanying exhibits and subsequent letters of clarification, but subject to the modifications required by conditions hereto. C. Work authorized herein must commence prior to July 1, 1980, or this permit will lapse and become nu11 and void. Such work must also be diligently prosecuted to completion and must be completed within nine (9) months of com.mencement or by March l, 1981, whichever is earlier, unless an extension of time is granted by amendment of this permit. D. The project will provide approximately 7,700 square feet of improved public access along the shoreline of Bay Front Channel and a 203-foot-long, 10- to 12-foot-wide pathway along the shoreline, as we11 as two (2) parking spaces reserved for the public. The permittee will provide and maintain the public access improvements. II. Special Conditions The authorization made herein shall be subject to the following special conditions, in addition to the standard conditions in Part IV: A. Specific P1ans and P1an Review 1. P1an Review. No construction or use whatsoever sha11 be made of any facility authorized herein until final pre�ise site, engineering, 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 Co�ission. a. Architectural P1ans. Architectural plans submitted for review sha11 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 landscape 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, identif�ing the type of plan submitted, the portion of the project involved, and indicating whether the plan is final or preliminary. Approval PERMIT N0. 3-80 Communication Workers of A:nerica Page Three or disapproval sha11 be based upon (a) co�pleteness of the plan in showing the features required above, (b) consistency of the p1an, criteria and information with the specific terms and conditions of this permit, and (c) consistency of the plan with the recoa�mendations of the Design Review Board. In each instance, plan review shall be co�pleted, by or on behalf of the Com- mission, within f orty-five (�5) days after receipt of the plan or plans to be reviewed, and sha11 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 of Approved P1ans. After final plans have been approved pursuant to Special Condition II-A-1, no change sha11 be made to such plans without first obtaining written approval of the proposed change by or on behalf of the Com.mission. Approval or disapproval shall be made within thirty (30) days after the proposed change has been submitted for approval and sha11 be based on a finding that the change co�plies with this 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 a11 structures and improvements at the project site sha11 conform to the final plans approved pursuant to this 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 sha11 be made, no additional structures 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. B. Public Access 1. Area. Prior to the construction of any facility authorized herein, the permittee shall, by instrument or instruments acceptable to counsel for BCDC, dedicate to a public agency or otherwise permanently guarantee rights for the public to two parking spaces and rights for access for wa lking, sitting, viewing, fishing, and other related purposes to a public access area which averages approximately 38 feet in width along 203 lineal feet of the shoreline containing approximately 7,700 square feet of area, as shown on Exhibit A, attached. PERMIT N0. 3-80 Communication Workers of America Page Four 2. Instrument. An instrument submitted to counsel for BCDC approval pursuant to Special Condition II-B shall create permanent rights in favor of the public for the purposes indicated and sha11 in.�lude a map that shows the property lines and dimensions of such areas, the 6.2 Mean Sea Leve1 contour line (USGS, 192g datum), and contains s metes and bounds description of the areas. The instrument shall be in a form :uitable for recording in the county where the property is located. Approval or disapproval of the instrument sha11 occur within thirty (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 condition. Within sixty (60) days after approval, the permittee shall record the instrument and shall provide evidence of recording to the Commission. 3. Public Access Improvements. Frior to the use of any facility authorized herein, the permittee or its assigns shall co�plete the following pub 1ic access improvements, all in accord with the preliminary landscape plan entitled "Site Development Plan," Sheet 2, prepared by Peter Callander Associates, Landscape Architects, dated February 12, 1980, as approved the the Design Review Board and with construction drawings approved pursuant to Special Condition II-A: a. Placement of landscaped mounds, and an irrigation system in the public access areas referred to in Special Condition II-B-1 on the shoreline of Bay Front Channel; b. Placement of a paved pathway not less than 10 feet in width along Bay Front Channel; c. Provision of two (2) public access parking spaces; d. Not less than one (1) public access sign of a size, design, and with information approved by or on behalf of the Commission placed at the location �hown on the plans approved pursuant to Special Condition II-B-3 above; and e. Placement of a protective railing shown on the plans approved pursuant to Special Condition II-B-3 $bove. 4. Maintenance. Al1 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 �11 path surfaces, replacement of at�y plant material that dies or becomes unkempt, periodic clean-up PERNffT N0. 3-80 Communication Workers of America Page Five of litter and ot her materials, and assuring that pub lic access signs remain in place and visible. Within thirty (30) days after notification by staff, the permittee shall correct any maintenance deficiency noted in a staff inspection of the site. D. Per:nit Recording. The permittee sha11 record this permit or notice referring to this permit with the County of San Mateo within thirty (30) days after execution of this permit and sha11 provide evidence of recording to the Commission. E. Assi nment. The permittee may make a fu11 or partial assignment if the rights and or duties under this permit provided that the assignee is acceptable to the Co�ission. The assignment shall be made in writing and clearly indicate which portions are assigned and which portions remain unassigned. Any assignee shall sign a written �tatement to the effect that he or she has read and understands the conditions of this permit, and agrees to be bound by al1 terms and conditions hereof . F. Waiver of Exemption. Within ten (10) days of the date of this permit, the permittee shall submit a letter that waives all rights whatsoever it has or may have to claim that any work or uses pursuant to this permit for the project site are exempt from the permit requirements of the Comnission pursuant to any provision of the McAteer-Petris Act or under common 1aw. Such waiver sha11 be in a for:n acceptable to counsel for the Commission. 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 P1an, and the California Environmental Quality Act for the following reasons: A. Use. The proposed commercial use and parking facilities are not in any area designated on Bay P1an Map No. 9 for any priority use and are therefore consistent with the Bay Plan. B. Public Access. The proposed project, subject to Special Condition II-B stated herein, would provide the maximum feasible public access to the Bay shoreline, consistent with the project, and this access area would be improved and permanently set aside for the use and enjoyment of the public. The Comtnission specifically finds that without the public access areas and improvements required by Special Condition II-B, it would not issue this permit because it could not find that maximum feasible public access consistent with the project would be provided as required by Section C6i32.4 of the Government Code . C. Visual Impacts and Public Access. The proposed project is situated on a 1�2-acre parcel. Because of this size, the Design Review Board found that the project was designed to reasonably limit visual impacts and preserve public access. The public access pathway adjacent to Bay Front Channel is accessible PERMIT N0. 3-80 Communication Workers of America Page Six by the public from both ends of the property. The public ean reach the public access area directly from Airport Boulevard where there will be a sign indicating a public access area, and this entrance wi11 be enhanced with an approximate 30- foot-wide landscaped area running the length of the property frontage on Airport Boulevard. The second access to the shoreline pathway is through the parking lot where two spaces wi11 be reserved solely for public parking. Consequently, there is realistically no g reater amount of significant public access that can be pro- vided within the Commission's jurisdiction given the size of the site and the type of project proposed. The size of this site, however, makes it imperative that the provision of public access on other adjacent parcels controlled by Anza Shareholders' Liquidating Trust be coordinated with the public access on this parcel. Therefore, the Co�mission finds that the project incorporates maximtzm feasible public access and is consistent with the provisions of the Bay Plan. D. Traffic. The initial study for environmental assessment, prepared by the permittee for this project, states that "this project wi11 involve minor changes in automobile traffic patterns in the area, as a portion of a new access road, outside the Commission's jurisdiction, serving adjacent parcels will be connected to Airport Boulevard." The study also states that the traffic generated by this project will have "...minimal impact on the existing thoroughfares, in that Airport Boulevard has been designed for traffic far in excess of what this project can generate." Although the existing traffic circulation �ystem is sufficient for the project proposed in this application, it may not be upon full buildout of the Firport Park Subdivision. Testimony of David Keyston, Trustee of the Anza Shareholders' Liquidating T°ust (owner of the remainder of the Airport Park Subdivision), concluded that the existing circulation system was sufficient to a11ow buildout of now vacant parcels to the densities permitted by Burlin�ame zoning. He further testified that traffic congestion would become a problem upon the future development of the existing drive-in �ovie theater and the area now devoted to airport parking, but that those properties were not expected to be developed for ten (10) years. Nevertheless, the City of Burlingame has under consideration an off-ramp from Highway 101 that would cross Burlingame Lagoon and would, therefore, constitute fill in the Bay. The Commission, consequently, reiterates the finding made by the Commission in BCDC Permit No. 31-79 that: "There is no provision in the Bay Plan or the McAteer-Petris Act to authorize fill in order to provide easier traffic flow to future private developments. Consequently, the City of Burlingame and any other interested parties should be aware that the Commission does not believe that such a connection, if it involved fill in the lagoon, would be consistent with the McAteer-Petris Act and the Bay Plan, and should plan the level of development in the area accordingly." E. Environmental I�pact. On December 5, 1979, the City of Burlingame, the lead agency for the project, determined that the proposed project qualified for a Negative Declaration. PERMIT N0. 3-80 Com:nunication Workers of America Page Seven F. Exemption. Former owners of this parcel have reserved the right to claim an exemption for the entire Airport Park Subdivision, pursuant to Government Code Section 66632.1 of the McAteer-Petris Act. The permittee has agreed by accepting the terms and conditions of this permit to waive the exemption laim as it relates to the project site. G. Conclusion. For all the above reasons, the public benefits from the project clearly exceed any public detriment. The Commission further finds, declares, and certifies that the activity or 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 Manage�ent Ant of 1972, as amended. N . Standard Conditions A. All required permissions from goverrLmental bodies must be obtained before the co�mencement of work; this includes, but is 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 permit does not relieve the perm.ittee of any obligations i�posed by State or Federal law, either statutory or otherwise. B. The attached Notice of Completion shall be returned to the Commission within thirty (30) days following completion of the work. C. Work must be performed in the precise manner and at the precise location� indicated in your application. D. Work must be perforaied in a manner so as to minimize aluddying of waters, and if diking is involved, dikes shall be waterproof. If any seepage returns to the Bay, the permittee wi11 be subject to the regulations of the Regional Water Quality Control Board in that region. E. Except as otherwise noted, violation of any of the terms of this permit sha11 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 its assignee if the permit has been effectively assigned. F. This permit �hall not take effect unless the permittee executes the original of this permit and returns it to the Commission within fifteen (15) days after the date hereof . FERMIT N0. 3-80 Comnunication Workers of A:nerica Page Eight Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and Development Commission on the date first above written. Ori.�ir_r�l j s / b;T �� b�'6�.�� E" i��l � n,t`-1Y' MI C HAE L B. WI LMAP, Executive Director Enc . MBW�LP�mm cc; U. S. Army Corps of Engineers, Attn: Regulatory Functions Branch San Francisco Bay Regional Water Quality Control Board, Attn: Certification Section Eny�ronmental Protection Agency, Attn: Eric Yunker, E-�+-2 ,2ity of Buriingame, Attn: Planning Department County of San Mateo, Attn: Planning Department Anza Shareholders' Liquidating Trust, Attn: George Keyston Peter Callander, Peter Callander Associates Duane Anderson � -x- � � �- -� � Receipt acknowledged, contents understood and agreed to: Executed at Applicant On By: Title CpIVIN'lllIVI�CATIQN 1NORKERS OF AMERICA f r —� ��_. � — - --- - �� �ou.Eww Aoat —r..o�..w _� �� � wro.or wM �� � �� ��A Mo�� � �w� • MO�r rw� w ` - � I' � .; , , , � a � �� rr rr r w MA1� � rR• �� F� � � �r YaYR .� �. �� � I ( � � �A� wr�w� I � D � j 1 i ..«�. M.. • •� �• . • r FERMIT N0. 3-80 COMM[JNICATION WORKERS OF AMERICA NOTICE OF COMPLETION San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, California 94102 Gentlemen: You are hereby informed that the work authorized by the above-referenced permit was completed on Executed at On , 19 _ By: Title r