HomeMy WebLinkAboutStaff Report 249-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: MAY 18,2009 CMR:249:09
REPORT TYPE: CONSENT
SUBJECT: Approval of Agreement with Bay Conservation and Development
Commission to Provide Public Access to Designated Areas in the
Restored Marsh located in the Palo Alto Baylands
RECOMlVIENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached agreement with the Bay Conservation and Development Commission
(BCDC) to provide public access to designated areas in the restored marsh located in the Palo
Alto Baylands.
BACKGROUND
The Palo Alto Harbor was dredged and opened in 1928. During the 1930s, more dredging to
create a channel out to deep water resulted in over 100 acres of marsh being filled in. Dredging
the marsh and installing dikes continued into the 1960s. In 1965, due to a new awareness of the
ecological value of marshlands, the San Francisco Bay Conservation and Development
Commission (BCDC) was created to regulate development around San Francisco Bay. Also in
1965, the City dedicated the Baylands as a park
In 1978, Council adopted the Baylands Master Plan to balance ecological preservation with
continued commercial and recreational use of this area. The Master Plan included the provision
to eventually remove the harbor and return the area to marsh. In 1986, Council closed the harbor
and, in 1987, Council approved changes to the Master Plan that required the 11.2 acre harbor be
returned to marsh. Subsequently, in 1992, the BCDC issued a permit to the City to restore the
marsh in two phases and to create public pathways, observation stations, vista points and a picnic
area. Additionally, the permit required the City to monitor the restored marsh for ten years to
ensure restoration was achieved.
The marsh restoration was completed in 1997 and the 10-year monitoring period ended in 2007
with the determination that the marsh has been successfully restored.
DISCUSSION
One of the stipulations in the BCDC permit is that the City must enter into an agreement with the
BCDC that guarantees public access to the paths, vista points, observation areas and picnic area
within the marsh while restricting public access to those ecologically sensitive areas of the
marsh. As the final step in the marsh restoration project, Public Works commissioned the
CMR:249:09 Page 1 of2
preparation of plats and descriptions of the marsh, including the public spaces within it. The
attached agreement, which has been reviewed and approved by the Attorney's Office and the
BCDC, memorializes the public access terms. The exhibits to the agreement are: Exhibit A, a
map of the marsh including the public access areas; Exhibit B, the BCDC permit; and Exhibits
C-1 thru C-4, plats and descriptions of the marsh and the public access areas.
RESOURCE IMPACT
Maintenance of the restored marsh is a task that is already performed by the City's Open Space
Division. There will be no additional maintenance work as a result of this agreement. The
consultant cost to prepare plats and descriptions was included in the capital improvement project
budget. Therefore, there is no impact to City resources.
POLICY IMPLICATIONS
This Agreement is consistent with the Baylands Master Plan. No policy changes result from
adoption of this agreement.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was prepared as part of the original 1978 Baylands
Master Plan and adopted by Council on October 11, 1978. An environmental assessment with
mitigated negative declaration was prepared and adopted by Council on March 18, 1991, for the
improvements authorized in BCDC Permit No. 11-81 Amendment No. Six, which included the
restoration of the marsh and the creation of public access areas within the marsh. No further
environmental review is required at this time.
ATTACHMENTS
Attachment: Agreement Imposing Public Access and Open Space Restriction on the Use of
Real Property
PREPARED BY:
GA WEINREICH (
DEPARTMENT HEAD:
Engineer
i&s.1R8fr
Director of Public Works
CITY MANAGER APPROVAL:
CMR:249:09 Page 2 of2
Recorded at the request of
State of California
San Francisco Bay Conservation
and Development Commission
WHEN RECORDED, mail to:
San Francisco Bay Conservation
and Development Commission
50 California Street, Suite 2600
San Francisco, California 9411 ]
STATE OF CALIFORNIA
OFFICIAL BUSINESS --Document
entitled to free recording
pursuant to Government Code
Sections 6103 and 27383
..
NO TAX DUE
ATIALHIVU!;l"'41 A
.THIS SPACE FOR RECORDER
Notice of Conditions, Covenants,
and Restrictions Affecting
Santa Clara County Assessor Parcel Numbers 008-05-005 and 008-06-001.
1. An agreement imposing public access and open space restrictions on the use
of the affected parcels.
2. BCDC Permit No.11-81 dated August 25,1981, as amended through
Amendment No. EIGHT, dated March II, 1996.
Revised 03/05/09
1
Agreement Imposing Public Access and Open Space Restrictions
on the Use of Real Property
. . This agreement ("Agreement") is made this I ? day o~.L~; 20~, by and between the City of Palo Alto, a chartered municipal-~
hereinafter referred to as "the permittee," and the San Francisco Bay Conservation and
Development Commission, hereinafter referred to as
"Commission. "
WHEREAS, the permittee owns certain real property referred to as "the subject
property" that is located in the City of Palo Alto, County of Santa Clara, State of
California, and is more particularly described in Exhibit A, attached hereto and by such
reference incorporated h~rein; and
WHEREAS, pursuant to the McAteer-Petris Act (Government Code Section
66600 et seq.), the permittee sought in Application No.l1-81 a permit for the following
. improvements at the Palo Alto Baylands, at the terminus of Embarcadero Road, in the
City of Palo Alto, Santa Clara County:
Revised 03/05/09
1. In the Bay
a. Hydraulically dredge approximately 50,000 c:!Jbic yards of material
over a five-year period from the Palo Alto Yacht Harbor and boat launch
ramp, with disposal on a site adjacent to the harbor known as Yacht
Harbor Point;
b. Remove existing berths, docks, and pilings associated with the Yacht
Harbor;
c. Remove existing docks, piers, and catwalks associated with the Yacht
Club and with the southerly Sea Scout ancillary buildings according to a
\
2
Revised 03/05/09
phased removal plan which provides for (1) removal of two large boats to
a site outside Palo Alto by January 2, 1989, (2) removal of the five finger
piers by March 31, 1989, and 93) removal of all remaining docks and piers
not otherwise authorized by or on behalf of the Commission to remain by
June 30, 1991 (Amendment Nos. Three and Five);
d. Restore a total of 11.2 acres at Yacht Harbor Point to tidal marsh by
excavating approximately 140,000 cubic yards of dredge spoils, and
disposing of the material a the Byxbee Landfill located in Palo alto
(Amendment No. Six);
e. Construct a wildlife corridor between Yacht Harbor Point and Mundy
Marsh by removing an existing boat launch ramp, backfilling it with 2,800
square feet of earth fill, and restoring it to tidal marsh (Amendment No.
Six);
f. Construct and use a 3,282-square-fot, pile-supported and floating
sailing station for launching small boats (Amendment No. Six).
2. Within the 100-foot Shoreline Band
a. Excavate approximately 50,000 cubic yards of previously placed
dredge spoils from Yacht Harbor Point to make room for the spoils from
the proposed dredging of the Yacht Harbor;
o.Deposit 50,000 cubic yards of dredged sedimentfrom Palo Alto Yacht
Harbor on Yacht Harbor Point over a five-year period;
c. Demolish and remove to a location outside the Commission's
jurisdiction security fencing to the floating docks (Amendment No. three);
d. Demolish and remove to a location outside the Commission's
jurisdiction the Yacht Club building and its ancillary structures
(Amendment No. three);
e. Demolish and remove to a location outside the Commission's
3
and
jurisdiction the Sea Scout ancillary buildings (Amendment No. Three).
f. Install and use sailing station support facilities including a boat hose4
off area, public telephone, enclosures for existing portable toilets, a
changing area, waste receptacles, bicycle racks, and a drinking fountain
(Amendment No. Six);
g. Construct and use an approximately) ,81 O-foot-Iong and eight-foot-
wide decomposed granite pathway, three interpretive observation stations
with wildlife habitat placards and six benches, and three vista points with
seven benches (Amendment No. Six);
h. Construct and use an approximately 345-foot-long and four-foot-wide
connector pathway (Amendment No. Six);
i. Construct and use an approximately 3,970-square-foot picnic area with
four picnic benches, four barbecues, two garbage cans, a drinking
fountain, two benches, approximately 800 square feet of landscaping, and
a 265-foot-Iong and five-foot-wide oyster shell pathway (Amendment No.
Six);
j. Install sections offour-foot-high bollard fencing totaling 1,550 feet in
length, and 500 feet of picket fencing (Amendment No. Six); and
K. Maintain, on and in-kind basis, all improvements authorized herein
and do routine maintenance of existing park facilities (Amendment No.
Six).
WHEREAS, the Commission has issued Permit No. 11-81 as amended, a copy of
which is attached as Exhibit B and incorporated by reference, for this work and the uses
subject to conditions that are imposed for the benefit of the public and surrounding
landowners, and without agreement to which by the pel1llittee no permit could be issued;
and
Revised 03/05/09
4
WHEREAS, Special Conditions II D 4-7 to the permit provide that the permittee
must dedicate or otherwise permanently restrict certain real property more specifically described
in Exhibit C to this agreement, which is attached and incorporated by reference into this
agreement, for public access and open space
NOW, THEREFORE, in consideration of the issuance of the development pennit
by the Commission and ofthe benefit conferred thereby on the subject property, the
permittee, on behalf of himself, his heirs, his successors "and assigns, hereby covenants
and agrees with the Commission, its successors and assigns that:
I. Public Access Areas including a Sailing Station & Support Facilities,
Pathways, three Observation Stations three Vista Points and Picnic Area
(Special Condition II-D-4). The portion of property more particularly
described in Exhibit C-I and C~3, which is attached and incorporated by
reference, shall be made available exclusively to the public for unrestricted
public access for walking, bicycling, sitting, viewing, picnicking, and related
purposes., and that the restriction shall be attached to and become a part of the
deed of the property.
2. Open Space -Marsh Restoration Area Phase 1 (Special Condition II-D-5).
The portion of property at Yacht Harbor Point more particularly described in
Exhibit C-2, which is attached and incorporated by reference, shall be made
available exclusively to the public for open space to remain permanently
unfilled and undeveloped and that the restriction shall be attached to and
become a part of the deed of the property.
3. Open Space -Marsh Restoration Area Phase 2 (Special Condition II-D-6).
Revised 03/05/09
The portion of property at Yacht Harbor Point more particularly described in
Exhibit C-4, which is attached and incorporated by reference, shall be made
5
available exclusively to the public for open space to remain permanently
unfilled and undeveloped and that the restriction shall be attached to and
become a part of the deed of the property.
4. Public Access to these areas will be limited to established pathways,
interpretative observation stations and vista points described in paragraph 1
and excludes environmentally sensitive areas.
5. The property described in Paragraphs 1 to 3 of this Agreement shall be subject
to reasonable rules and regulations governing similar City-owned parks and
open space.
FURTHER, the permittee acknowledges that any violation of this deed restriction
will constitute a violation of the McAteer-Petris Aot and of Permit No. 11-81, and, in
addition to any other remedies provided by law, will subject the permittee or any other
person violating the deed restriction to suit as provided by the McAteer:-Petris Act.
IT IS FURTHER RECOGNIZED that this agreement and deed restriction is a
covenant running with the land in perpetuity and shall bind the permittee, its heirs;
successors, and assigns. The permittee further agrees that the permittee shall insert the
restriction herein described in any subsequent deed or other legal instrument by which it
divests itself of either the fee simple title to or of its possessory interest in the subject
property or some portion thereof.
In witness thereof, the parties hereto have duly executed this agreement.
Revised 03/05/09
6
Executed on this __ I--,9:...-...:..7).L-I/ ___ day of /ftA;eC)J ,20<?9 ,
at San Francisco, California.
Executive Director
San Francisco Bay Conservation and
Development Commission
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF CALIFORNIA )
COUNTYO~·
On If./Mt) , before ~ , a notary public in and for
said County, ersonally appeared ~ ~ who proved to me on
the basis of satisfactory evidence to be th~ personts1 whose nametsj isfare-subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in hisAler/their
authorized capacity6es7, and that by hislhen'tlteiI signaturets? on the instrument the persot$t, or
the entity upon behalf of which the personfstacted, executed the instrument
I certifY under penaltY of perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS ~y hand and official seal.
Revised 03/05/09
8
Executed on this ________ day of _______ , 20 __ ,
at ________________ , California.
APPROVED AS TO FORM:
Senior Asst. City Atty JAMES KEENE
City Manager
City of Palo Alto
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STA TE OF CALIFORNIA )
)
COUNTY OF )
On , before me, , a notary public in and for
said County, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty 6f perjury under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Revised 03/05/09
7
LINE TABLE REFERENCES: DISCLAIMER: a) LINE a) Ll
a) La
2) L3
2) L4
2) L5
e> L6
2) L7
2) LB
2> L9
2) LIO
2) Lll
2> Lie
2) LI3
2) Lt4
PREPARED BY:
BEARING (1) VOL 531 DEEDS, PG 144 PLOnED FROM AVAILABLE RECORD DATA
(2) VOL 532 DEEDS, PG 59 ONLY. iT WAS ASSUMED THAT THE 3X4
RECORDS OF SANTA CLARA STAKE SHOWN HEREON WAS THE SAME
COUNTY. BOTH ON FILE AT STAKE REFERENCED ON SURVEY 62,
THE CITY OF PALO ALTO. WHICH WAS TIED TO DEEDS 67 & 88
USING SECTION CORNERS.
APN 008-06-00 1
SEE SHEET 2 OF 2
DEED 67~/ ,." .. ", -.------" "-
/' \0 CREEK "-,/ /' SOU \ "-
./,/ .... ,c, \
t--... \'\ LI,2 ./ ./ «<;?--r' \.11
// S"?--~ ,-,,,
APN 008-06-001 ~
3x4 STAKE ON BANK OF SAN
FRANCISQUITO CREEK
~ APN 008-05-005
29B (2)
CL OF WILSON SLOUGH/
SAN FRANCISQUITO CREEK
IN1ERSEcnOll Cl UA'IflEU) SlOllGH ""m
Cl OF SS ItO,W,. 66-FT ""DE
~ .. STAI(£ ON 8ANK OF MA'lfIELD SLOUGH
55 ROW TO PALO ALTO,
DEED 218 PG 122/220 PG 164
500 0 250 500 ~ ... I-I
( IN FEET)
1 inch = 500 ft.
ACCOMPANY ABOVE-REFERENCED DEEDS
CSG Consultants Inc.
DEEDS NO. 29A & 29B
CITY OF PALO ALTO
CALIFORNIA 1700 South Amphlett Boulevard, 3rd Floor
San Mateo, CA 94402
Phone (650)522-2500 Fax (650)522-2599
DATE: 02/19/09
DRAWN BY: ST
JOB NO. 08.327
EXHIBIT A (1 OF 2)
19 30
~
l57
~
(,sS
L63
REFERENCES;
(1) 500 O.R. 89
(2) 704 O.R. 445
RECORDS OF SANTA CLARA
COUNTY. BOTH ON FILE AT
THE CITY OF PALO
ALTO.
DISCLAIMER:
PLOTTED FROM AVAILABLE RECORD
DATA ONLY. PLOnED RELATIVE TO
OTHER DEEDS USING SECTION
CORNERS.
SW'L Y LINE OF SURVEY
NO. 64 AND RESURVEY
NO. 48 MORGAN
OYSTER CO
L79
67 (~) I ~n
._. __ ~ ___ . __ ...... A .... P ..... _N_._0_.0. __ 8_._-... _0_6_ .... '-0_0_1-=:l6:::...5 _30-lI~. __ .. _.~ ............ ___ .. _",,_._ ... _ .. _ .. _ ................... 8 ... _.8 ... _(_2.) .. '<--§I
BANK OF lS
SAN FRANCISQUITO CREEK
APN 008-06-001
LINE TABLE
BEARING
PREPARED BY:
CSG Consultants Inc.
1700 South Amphlett Boulevard, 3rd Floor
San Mateo, CA 94402
Phone (650)522-2500 Fax (650)522-2599
( IN FEET)
1 inch == 1600 ft.
DEEDS NO. 67 & 88
CITY OF PALO ALTO
CALIFORNIA
DATE: 02/19/09 JOB NO. 08.327
DRAWN BY: ST EXHIBIT A (2 OF 2)
. l Exhibit B
: STATE OF CAliFORNIA PETE WILSON, Governor
$AN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION'
THIRTY VAN NESS AVENUE, SUITE 2011
SAN FRANCISCO, CALIFORNIA 94102-6080
PHONE: (415) 557-3888
pty of Palo Alto
P.O. Box 10250
Palo Alto, California 94303
PERMrr NO. 11-81
AMENDMENT NO. EIGHT
March 11, 1996
ATTENTION: James M. Hanington, Senior Engineer
SUBJECf: Amendment No. Eight to BCDC Permit No. 11-81
Dear Mr. Hanington:
-"'\;.> = = c:: ,-.
:£ c ~ ~'
CM -:z:: FR ~ z Q")
AJC'; :g 111~ J;:1I
';0 :')C . ."
I-' ·11 "0
:,.!J '-'" ::5 --' cO mae: cO (j) od
As requested in your letter of September 9, 1995, you are hereby granted an extension of
commencement time, until January 1, 1998 and an extension of completion time, until
January 1,.J999, of permission previously granted to the Oty of Palo Alto for an additional 7.2
acres of marsh restoration at Harbor Point pursuant to Sections I-C and ll-C in BCDC Permit
No. 11-81.
This extension of time is for the completion of marsh restoration work authorized only and
does not apply to any other time requirement in the pennit. This extension of time is issued
pursuant to the authority granted by Government Code Section 66632(f), Regulation Section
10822, and upon the rmding that this time extension is not a material alteration of the project
authorized by Permit No. 11-81 Amendment No. Seven.
Except as stated herein, all conditions of the pennit, as amended, dated August 25, 1981,
remain in full force and effect .
Ene.
WTIRLC/rr
cc: U. S. Anny 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
Dedicated to making San Francisco B!}' better.
EXHIBIT· B
Sheet 1 of 34
.L... " .--
ST A TI: OF CALIfORNIA =
pm W!tSOM
__ Govern~
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
THIRTY VAN NESS AVENUE. SUITE 2011
SAN FRANCISCO, CA 94102·6080
PHONE. (415) 557-3686
"
PERMIT NO. 11-81
AMENDMENT NO. 7
March 15, 1993
City of ,Palo Alto
P. O. Box 10250
Palo Alto, California 94303
ATTENTION: Jim Harrington, Senior'Engineer
Gentlemen:
As requested in your letter dated December 4, 1992, you are hereby
grant,ed: '
1. An extension of commencement time, until Dec~mber 20,
1992, and an extension of completion time, until
February 15" -1994, of permission previously gran'ted to
complete 4 acres of marsh reconstruction as verified
under Special Condition II-C-1 in BCDC Permit No. 11-81;
3. An extension of commencement time, until January 5, 1993,
and an extension of completion time, until February 15,
,1994, of permission previously granted to complete a
Sailing Station, as verified under Special Conditions
II-D-9(a), II-D·9(b), II-D-9(c), II-D-9(d), & II-D-9(f)
in Permit No~ 11-81,
3. An extention of commencement time, until December 21,
1993, and an extension of completion time until May 1,
1993, .of. permission prev~,ously granted to complete a
picnic area,' as verified under Special Condition II-D-7
in BCDC Permit No. 11-81.
These.extensions of time are for the completion of work authorized only
and do not apply to any other time 'requirement in the permit. These exten-
sion;; of time ar'e issued', pursllant to the authority granted by Government, Code
Section 66632(f), Regulation Section 10822, and upon the finding that these
time extensions are not material alterations of the project authorized by
Permit No. 11-81.
J:~BIT.JI . Dedicated to makings, '2llijf ~ better.
PERMIT NO. 11-81
AMENDMENT NO. 7
City of Pal~Alto
March 15, 19-93
Page Two
--)
.....
Except as stated herein, all conditions of the permit originally issued
ori August 25, 1981, as amended through ,ebruary 20, 1993, remain in full force
and effect.
ARP/JL/mm
Very
ALAN R. PENDLE~ON
Executive Director
EXHIBIT -B
Sheet 3 of-34
0170
STAlE OF CALIFORNIA
SAN FRANCISCO SAY CONSERVATION AND DEVELOPMENT COMMISSION
THIRTY VAN NESS AVENUE, SUITE 2011
.. '~:RANCISCO, CA ' .. 102-6080 ye, (AU) 557·3686 Permittees' Copy
)
)
City of Palo Alto
P. O. Box 10250
Palo Alto, California 94303
ATTENTION: Jim Harrington,
Senior. Engineer
Gentlemen:
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
On August 20, 1981, the San Francisco Bay Conservation and Development
Commission, by a vote of 16 affirmative, 0 negative, and 1 abstention, approved
the resolution pursuant to which the original permit had been issued.
Moreover, on March 9, 1982, June 9, 1982, OCtober 17, 1986, and July 19, 1989,
pursuant to Commission Regulation Section 10822, the Executive Director
approved Amendment Nos. One, TWo, Three, and Five, respectively, to which this
amended permit is hereby issued. Furthermore, on February 20, 1992, the San
Francis~o Bay Conservatio.n ~ Development Commission, ~! vote of 17 ,---
affirmative, .Q negatiVe, and! abstention"appeoved ~ resolution pursuap,t. to
which thisniaterial amendment ~ Six .!! hereby issued. (NOTE: Amend'm«tf"t No.
Foue was deemed denied on April 23, 1988, when material amendment request not
received) :
1. Authorization
A. Subject to the conditions stated below, the permittee, the City of
Palo Alto, is granted permission to do the following at ~~~/_~i_¢~~tlt¢lt~¢
'~~¢/~~t¢11~¢~t/~~f~¢f the Palo Alto Baylands, at the terminus of
Embarcadero Road, in the City.of Palo Alto, Santa Clara County:
1. In the' Bay
a. Hydraulically dredge approximately 50,000 cubic
yards of material over a five-year period from
the Palo Alto Yacht Harbor and boat launch ramp,
with disposal on a site adjacent to the harbor
known as Yacht Harbor Point;
EXHIBIT -B
Sheet 4 of 34
"
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 2
b. Remove existing berths, docks, and pilings
associated with the Yacht Harbor;
c. Remove existing docks, piers, and catwalks
associated with the Yacht Club and with the
southerly Sea Scout ancillary buildings accord-
ing to a phased removal plan which provides for
(1) removal of two large boats to a site outside
Palo Alto by' January 2, 1989, (2) removal of the
five finger piers by March 31, 1989, and (3)
removal of all remaining docks and piers not
otherwise authorized by or on behalf of the
Commission to remain by June 30, 1991 (Amendment
Nos. Three and Five) 1
d. Restore a ¢t~t¢~¢/¢t/t¢~f/.¢f;¢/¢t/t~;
;~¥¢~¥~g/~~/.¢;,¢/¢t/t~'/~.¢~t/~.f~¢;/1¢t~~
.;,./t¢/t¥~.~/¢.f¢~/~~;~~¢'~t/~_I/t~i'_Y
total of 11.2 acres at Y~cht Harbor Point to
tidal marsh by excavating approximately 140,000
cubic lardS of dredge sp?ils, and disf0sing of
the materia+ at the Byxbe~ Landfill located in
Palo Alto (Amendment No. Six);
e. Construct a wildlife corridor between Yacht
Harbor point and Mundy Marsh by removing an
existing boat launch ramp, backfilling it with
2,800 square feet of earth fil,l, and restoring
i~ to tidal marsh (Amendment No. Six); and
f.
for
2. Within the 100-foot Shoreline Band
a. 'Excavate approximately 50,000 cubic yards of
previously placed dredge spoils from Yacht
Harbor Point to make room for the spoils from
the proposed dredging of the Yacht Harbor;
EXHIBIT - B
Sheet 5 of 34
"
paRMIT NOo 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 3
b. Deposit 50,000 cubic yards of dredged sediment
from Palo Alto Yacht Harbor on Yacht Harbor
Point over a five-year period;
c. Demolish and remove to a location outside the
Commission's jurisdiction security fencing to
the floating docks (Amendment No. Three),
do Demolish and remove to a location outside the
Commission's jurisdiction the Yacht Club build-
ing and its ancillary structures {Amendment No.
Thr ee) J _rts6
ee Demolish and remove to a location outside the
Commission's jurisdiction the Sea Scoul::.ancillary
buildings (Amendment No. Three).
~ Install and use sailIng station support
facilities· including a boat hose-off area,
public telephone, enclosures for exi"sting
EQrtable toilets, a changing area, waste
receptacles, bicycle racks, and a drinking
fountain (Amendment No. S,ix) ,
~ Construct and use an aeeroximately
1,810-foot-long and eight-foot-wide decomposed
granite pathway, three interpretive observation
stations with wildlife habitat placards and six
benches, and three vista points with seven
benches (Amendment No. Six);,
!!.:. Construct and Ilse an approximately 345-foot-long
and four-foot-wide connector pathway (Amendment
No. Six):
i. Construct and use an approximately
3,970-square-foot eicnic area with four picnic
benches, four barbecues, two garbage cans, a
drinking fountain, two benches, approximately
800 square feet of landscaR1n9, and a
265~foot-long and five-foot-wide oyster shell
pathway (Amendment No. Six),
EXHIBIT -B
Sheet 6 of 34
PERMIT NOe 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 4
~ Install sections of four-foot-high bollard
fencing totaling 1,550 feet in length, and 500
feet of picket fencing (Amendment No. Six), and
~ Maintain, on an in-kird basis, all improvements
authorfzed herein and do routine mo\lintenance of
existing park facilities (~endment No. Six).
B. This amended authorization~y is generally pursuant to and
limited by (1) your application filed June 19, 1991, including all its
accompanying and subsequent exhibits, (2) your letter d~ted February 25, 1982,
requesting Amendment No. One, (3) your letter dated May 26, 1982, requesting
Amendment No. Two, (4) your letters dated May 6, 1986 and August 27, 1986,
requesting Amendmenr-No. Three, .~~ JAY (5) your letter received January
6-, 1989, reques-ting Amendment No. Five, (6) your application dated March 22,
1991 and your revised application dated June 17, 19911. reguestlng Material
Amendment No. Six, and all of the t~¢ accompanying exhibits, but as
modified by the condition~ contained herein. (NOTE: Amendment No. Four was
deemed denied on April 23, 1988, when material amendment request not received.)
c. Work authorized herein must commence prior to January 1, 1982, or
this amended permi t will lapse and become null and void. Such work must also
be diligently pursued to completion and all work relating to the dredging must
be completed by March 1, 1986.
Work authorized by Amendment No. Three and Fivell~x¢~~~/t~t/~~;
".;'t¢'p(lt~¢~¢'I"K.j.~~/J4¢'I't' must commence prior to March 1, 1987, or this
amended permit will lapse and become null and void. Such work must also be
diligently pursued to completion and must be completed by December 31, 1987,
except for the removal of docks, piers, and catwalks associated with the Sea
Scout base which may be removed in two phases. The five finger piers shall be
removed by March 31, 1989. All remaining docking facilities associated with
the Sea Scout base and not otherwise authorized by or on behalf of the
Commission to remain shall be removed by June 30, 1991. ''p(~/~t_'p(
'I~;K.¢'I"K.t~~/J4~'I'tI¢W"~~/~;/¢~~~~;~~~/~¢/~"K.~tltW.~/I"~~.'IYlt'lt~'~1
Work authorized in Material Amendment No. Six, including four acres
of mar"sh restoration-at Yacht Harbor Point, restoration of the boat launch
ramp to a wildlife corridor, and construction of 0.66 acres of public access
improvements, as required in Special Condition II-C and 11-0, must be
diligently pursued to completion and must be completed by January 1, 1993.
Work on the additional 7.2 acres of marsh restoration authorized at Yacht .
EXHIBIT .. B
Sheet 7 of 34
"
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
city of Palo Alto
page 5
Harbor Point may commence, as defined in se~cial Condition II-C, at any time.
until January 1, 1997. Such work must be diligently eursued to comeletion and
must be completed within one year of commencement of work.
The maintenance provision authorized in Material Amendment No. Six
shall exeire on January 1, 1997. Five year time extensions of the maintenance
provision ma~ be granted bl amendment of this amended authorization where
application 1S made erior to the expIration date and the aeplicant has
diligentll satisfied the terms, 'conditions, and requirements of this amended
authori zation.
D. The project involves maintenance dredging of an existing marina
over a five-year period. Disposal of the dredge spoils will occur on Yacht
Harbor point, a site partially within the Commission's lOO-foot shoreline
band-. Existing interim public access along the shoreline will not be affected
by the proposed project, and at project completionJ/tW;/;'f.;~;_'X/;f.'t;,
Yacht Harbor Point will be restored to tidal marsh and ~;,;'X~~;;./t¢f public
access develoeed along the perimeter of the _p;. marsh.
The project, as autho.rized and conditioned through Amendment No.
Six, will result in a total of 11.2 acres of marsh restoration, aperoximately
28,000 square feet (0.66 acres) of public access, and approximately 9,622
square feet of Bal fill for eublic access and habitat enhancement.
II. Seecial Conditions
The amended authorization made herein shall be subject to the following
special conditions, in addition to the standard conditions in Part IV:
A. seecific Plans and Plan Review
1. plan Review. No work whatsoever shall be
performed at any location pursuant to this
amended ~;;~f,t authorization until final precise
site, ;psf,p;;;YpsJ grading, _p;. landscaein2,
eublic access plans and any other ~elevant criteria,
specifications and plan information, for that portion
of the work have been submitted to, reviewed, arid
approved in writing by or on behalf of the
. Commission. The specific drawings and information
required will be determined qy or on behalf of the
Commission. To ensure timely compliance with the
EXHIBIT· B
Sheet 8 of 34
"
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 6
amended permi t requirements, ereliminary drawings
should be submitted and approved prior to final
drawings.
~ Site, Landscaeing, and Public Access Plans.
Site, landscaping, and public access plans shall
include and clearly label the 7.3-foot contour
line above Mean Sea Level (the line of highest
tidal action), the line 100 feet inland of the
line of highest tidal action, property lines,
the boundaries of all areas to be reserved for
public access and open space eurposes, grading,
details showing the location, types, dimensions,
and materials to be used for all public access
imerovements, structures, irri2ation,
landscaping, drainage, sea tln9, . ear king , si2ns,
lighting, fences, pa~hs, trash containers,
utilities and other prOposed improvements, the
location and details of any construction stora2e
and staging areas, project phasin2' and other
relevant details.
b. Spoil Disposal plans. 1~/'_;tJ¢~1_;'lt~; ~;;~Jtt¢;/~~~t/~~~¢Jt Spoil disposal plans
shall include details;~/,1_~~ of how the
disposal site at Yacht Harbor Point will be
excavated prior to spoil disposal, location of
any pipelines and equipment, particularly in
relation to public access areas, finished
elevations at the disposal site at the
completion of dredging, and how the spoils will
be dewatered and the water returned to the Bay.
1~/;~~~;;ltJ¢;ttl¢~¢;1J_~¢;/~Jt~/t~;I_¢;~~;~
,;;¢ft'~/;;~~J;;¢;~t~'I;;;1J¢J~_;t/~;_~J~~~
;~~~1~/~;/~~~~Jtt;~/_~~/_;;;~y;~/;;J~;/t¢/t~;
~~~~Jtt_t/¢'/tJ~_X/~;_~J"~~' .
2. ~_~~~¢_;J~~/;flans submitted for review shall be
accompanied by a letter requesting plan approval,
identifying the type of plans submitted, the portion
of the project involved, and indicating whether the
plans are final or preliminary. Approval or
disapproval shall be based uponl
EXHIBIT - B
Sheet 9 of 34
"
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Paqe 7
a. Completeness and accuracy of the plans in
showinq the features required above,
Farticularly th~ line of highest tidal action,
Froperty lines, and the line 100 feet inland of
toe line of highest tidal action, and any other
criteria required by this amended p¢I¢¥~
!uthorization,
b. Consistency of the plants ¢;¥i_;¥~/~~~
t~t¢;¢~t¥¢~ with the terms and conditions of
this amended authorization p¢;¢tia
~ The provision of the amount and quality of
J2ublic access to and along the shoreline and in
and through the J2roject· to .the shoreline
required by this authorization;
d. Consistency with legal i.nstruments reserving
J2ublic access and open space areas and
consistency with any existing Commission
permi tS l authorizations, or agreements:
~ Assuring that any fill in the Bay does not
exceed this authorization and will consist of
apJ2roJ2riate shoreline J2rotection materials as
determined by or on behalf of the Commission;
~ Assurin2 that aJ2J2ropriate J2rovisions have been
incorporated for safety in case of seismic
event; !!!2
~ COnsistency with the recommendations of the
Oesiqn and Engineering Cri~eria Review Boards.
In each instance, plan review shall be completed by,
or on behalf of tbe COmmission, within 45 days after
receipt of the plan~ to be reviewed, and signified by
a letter specifically referring to the submitted plans
that indicates whether the plans have been approved or
disapproved.
3. Conformity with Final Approved Plans. All work,
improvements, uses, public access and open space areas
EXHIBIT· B
Sheet 10 of 34
';
PERMIT NO. 11-91
(Issued on August 25, 1981, As
,Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 9
shall conform to the final approved plans. At the
com21etion of each 2roject segment or phase, the
a2propriate desIgn professlonal(s) of record shall
certify in wri ting that, through personal knowledge,
the work covered by the authorization has been
performed in accordance with the approved design
criteria and in substantial conformance with the
aeeroved plans. No noticeable changes shall be made
thereafter to any ftnal plans or to the exterior of
any constructed structure, outside flxture, lighting,_
landscaping, or public access areas witbout first
obtaining written approval of the change(s) by or on
behalf of the Commission. .
..i!!. Discre2ancies Between Ap2roved Plans and Special
Conditions;;' In case of any discrepancy between final
aperoved plans and Special C!)nditions of this
authorization Or legal Instruments approved pursuant
to this authorization, the Special Condition or the
legal instrument shall prevail. The permittee is
responsible for assuring trat all plans accurately and
fully reflect the Special Conditions of this
authorization and any legal instruments submitted
pursuant to this authorization.
~I ¢W~~w~j/~~/~~~(~y~~/'~~~jl//xtt~(/tt~~~/~~~~j/W~Y~
~~~~/~~~(~y~~/~~(j~~~~/~~/~~¢t_~/¢~~~t~t~~/11rXr~'
~~/¢W~~W~/jW~~~/~~/~~~~/~~/j~¢W/~~~~j/~1~W~~~/tt(jt
~~~~1~t~w/~;t~~~~/~~,(~y~~/~t/~W~/,(~P¢j~~/¢W~~W~
~1/~(/~~~~W~~t/~t/~W~/¢~~~JjjJ~~I//X,,(~y~~/~(/~Jjr
~,~(~y~~/jW~~~/~~/~~~~/~t~W1~/~S/~~yj/~t~~(/~W~
,(~~j~~/¢~~~f~/W~j/W~~"/j~~¢1~~~~/'~(/~~~(~Y~~/~~~
j~~~~/~~/~~j~~/~~/i/ti"~t~w/~W~t/~W~/¢~~~W~
¢~~,~t~j/~t~W/~wtj/~¢~~~~~/~~(¢Jt/~~~/~~~~~/"~~
,~t(J¢~~~~~~y/~tt~¢t/~~~~t¢/~¢¢~jj'/~~~~j¢~,J"W'
~~;~/j~¢~,/~~~"/~~t~(I/~(/~tw_(/~~~~J¢/~;"_t1tjl
1.1 ¢d"'td(¢t't1/'iJ~W/";~(~Y~~/'~~~j.' ,.t~/"t~~j~jl/¢~~~(~¢~
j~~¢ttJ¢~~J~~jl/~~~/~~~/j~(~¢~~(~j/~"~/t~p(~y_~~"~j _t/~~~/;(dl~¢~/jJ~~/jW~tt/¢~~t~(~/~~/tW;/tt~~t/~t~"j
, _;~(~y~~/p~(j~~"~/~~/tWJj/¢~"~1~t~~I//~~/jt(~¢~~(~j
~~tt/~~/pt~¢~~/"~(/~"Y/J¢;(dY~¢~~~/~"'~(~~~;~/tW~t
EXHIBIT -B
Sheet 11 of 34
/
PERMIT NO. 11~81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 9
1¢/~~t/¢~;_,~t/J~~~~/_~~/I~~t¢_t;~/~~/t~;/_pp,¢y;~
't~_~/p~_~¢I//X't;,/¢~~¢t,~¢tt¢~,/~~/~~tt¢;_~~;
¢~_~i;¢/t¢/t~;/;~t;,t~,/~,/_~t/Jt,~¢t~,;/¢~_~~/~;
~_~;'/~¢/_~~ltt~~_~/¢t,~¢t~,;¢/¢~_~~/~;/~~t~t'/~~'
~_~~/p_,~'/~p;~/JP~¢;'/~p;~/~~t;,'/~_~~¢¢_pt~B'/¢'
p~~~¥¢/_¢¢;¢¢/_,;_¢/~;/~~t;,;~/~¥t~~~t/'I'Jt
~~t_t~t~i/~'¥tt;~/_pp'¢Y_1/~t/~,/~~/~;~_~,/~,/t~;
¢¢~~t¢¢t~~/p~,¢~_~t/t¢/~p_¢t_1/¢¢~~ttt~~/ttf~f~1
B. Water Quality
1. Construction Operationse All construction operations
shall be performed to minimize roiling of the water
and to prevent timbers, floats, or other construction
material from drifting and presenting either a pollu-
tion or navigational hazard.
2. Dewatering of the Dredge Spoils. Prior to the
placement of any dredged spoils at Yacht Harbor
point, a means for dewatering the spoils shall have
been submitted to the Commission and approved pursuant
to Special Condition II-A, above. The mechanism for
dewatering the spoils must be sufficient to assure
that any water returning to the Bay i~ free of sedi-
ment and meets the Regional Water Quality Control
Board's discharge requirements.
3. Monitoring. A water quality monitoring program shall
be established by the permittee in consultation with
the Regional Water Quality Control Board and the State
Department of Fish and Game and information obtained
shall be reported, to the City of Palo Alto in a timely
manner.
c. ~';~Bt~B/~'/~;/~~jt/~_~~¢~/~~pl//t~;/~~¢t/1¢~~¢~/'¢~p/¢~_1~/~;
~';~i;i/_t/t~;/~;Bt __ t~i/~'/;_¢~/ __ ~~_1/~';~Bt~i/¢t¢1;'/p,t~,/t~/~';~it~B
_pt/~t'f.;,/_,;_¢/~,/tti;/ti_'~'1 Permanent Marsh Restoration and Public
Access Improvements.
h Marsh Restoration and Public Access. By January 1,
1993, the permittee shall complete four of the 11.2
, acres of marsh restoration at Yacht Harbor Point,
EXHIBIT -B
Sheet 12 of 34
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 10
restoration of the boat launch ramp to a wildlife
corridor, and the approximately 0.66 acres of eublic
. access improvements, as generally shown on Exhibits A
and a, and pursuant to Special Condition II-A.,
~cific Plans and Plan Review.
2. Additional 7.2 Acres. Under Amendment No. Six, the
~ermittee is authorized to restore ~n additional 7.2
acres at Yacht Harbor Point (originally required for
publIc access) to tidal marsh. If restoration of the
remaining 7.2 acres at Yacht Harbor Point does not
commence by January 1, 1997, the permittee shall'
improve the remaining 7.2 acres for public access
~urP2ses by June 1, 1997, as identified in, but not
limited to, theSummarx Report, Baylands Masterplan
and EIR, 1979. Implementation of the public access
concepts ide~tified in the Summarx Report, Baylands
'Master Plan and ErR, 1979 are subject to:
a. Special COndition II-A, Specific plans and Plan
Review: !.!!.2
b. The recommendation of the Commissionts Design
Review Board that ime1ementation of the public
access concepts in the Baxlands Master Plan,
including but not limited to the quantity,
qualitx, and timing of public access area~ and
improvements, constitutes maximum feasible
E~b1ic access consistent with the McAteer Petris
Act, the San Francisco Bay Plan, and the
Commisslonts Public Access Design Guidelines.
~ Verification of Marsh Restoration. To verify that
marsh restoration of the additional 7.2 acr~s at Yacht
Harbor Point has commenced, the permittee shaU, on or
before January 1, 1997, submit and receive afprova1,
bX or on behalf of the Commission, the following:
a 6 Wri tten documentation showing the Cit)' has
secured, budgeted, or otherwise has available
adequate funding, estimated at $750,000 to
$1,000,000, to come1ete the additional 7.2 acres
EXHIBIT -B
Sheet 13 of 34
PERMIT NO. 11-81
{Issued on. August 25, 1981, As
Amended Through February 26, 1992}
AMENDMENT NO. SIX
City of Palo Alto
Page 11
of marsh restoration at Yacht Harbor Point b~
January I, 19981 and
b. Final matsh restoration. plans consistent with
Special Condition II-H.
D. Public Access
1. Existing 1~t_;J~_Public Access. All construction
o~erations ~;_~gJ~g,/,~¢_~_tJ~~,/'~~/~tK_;
j iiiiifiit_t,~/~~;~ shall be conducted.so as to
neither substantially interrupt nor disturb existing
public acce~s areas and improvements, and shall be
performed in a manner which allows the passage of all
public traffic through the construction zones to the
Interpretive Center and launch ramp parking ar.ea wi th
as little inconvenience and delay as possible. As
required under BCDC Permit 4-68, the permittee shall
continue to permanently maintain and keep open for
public use the launch ramp parking area.
~ Interim Public Access. The City of Palo Alto shall
continue to maintain and keep open the interim public
access at the remaining 7.2 acre area or Yacht Harbor
Point, as required under BCDC .Permit 11-73, including,
but not limited to, the temporarx six-foot wide eublic
.' access eathway I benches, and earkin9 area, until
commencement. of marsh restoration, as verified under
Seecial Condition II.C.· Once commencement of marsh
restoration has .been verified bX or on b~half of the
Commission, the applicant max close the interim public
access at the remaining 7.2 acres of Yacht Harbor
Point so that final marsh restoration improvements max
be imelemented. ~~~tt~,~,~/p'~Xt¢/,¢¢,~~/~t .
~~¢Kt/ __ ;~¢;/1¢J~t/_K_XX/~'/~,t~t_t~,~/~t/_tt/tt~,~
~y/'ttK,;/~~;yt~f/~~y/ptP'Xt~,_/¢;¢~~t~g/p~~XJ¢
~¢¢,~_/~;_~_,/~;/¢~~~t;~¢tJ~f/t'~P_/¢;_t/~_¢K
P~;'XJ~'~I
3. Buffer Strip. To minimize the possibility that
placement of dredge spoils at Yacht Harbor Point will
adversely affect public safety and use of existing
EXHIBIT -B
Sheet 14 of 34
"
PSRMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 12
public access areas and improvements, the permittee
shall not place dredge spoils on a 35-foot-wide strip
around the perimeter of the entire spoils disposal
site. This buffer strip shall either remain in its
present condition, or be graded and improved pursuant
to plans approved under p~t;~_~t/t¢ Special
Condition II-A, and/or II-H~ _~¢;~I
4. Public Access Area. The aperoximately 28,000
square-foot-area, as generally shown on the attached
Exhibit A, shall be made available exclusively to the
public for unrestricted public access for walking,
bicyclin2, sitting, viewin2, picknicking, and related
eurposes eursuant to Special Condition 11-0-7. If the
permittee wisheS to use the public access area for
other than public access-purposes,· it -must obtain
prior written approval by or on behalf of the
Commission.
5. Open Space Area. The four acres of marsh restorati.on
at Yacht Harbor Point, as generally shown on the
attached ExhibitB, shall be made available
exclusively to the pubUc for open. seace to remain
eermanentlx unfilled and undeveloped pursuant to
Special Condition Il-D-7. The permittee shall retain
the right,. however, to repair, maintain, and
reconstruct the marsh restoration improvements
erovided the permittee obtains anx necessarx approvals
for such work from the Commission.
6. Additional ".2' Acres At Yacht Harbor Point. !!.
authorized in Amendment No. Six,. the permitt~e maX
restore an additional 7.2 acres at Yacht Harbor Point
to tidal marsh. The additional 7.2 acres of marsh
restoration at Yacht Harbor Point, as generallx shown
on Exhibit B,shall be made available exclusively to
the public for open seace to remain permanently
unfilled and undeveloeed pursuant to Special COndition
II-D-7. The eermittee shall retain the right,
however, to reeair, maintain, and reconstruct the
~arsh restoration improvements provided the eermittee
obtains anx necessarl approval for such work from the
EXHIBIT .. B
Sheet 15 of 34
'\
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
city of palo Alto
Page 13
Commission. In the event t~e City does not commence
construction of the marsh restoration, as provided for
in Special Condition II-C, and the additional 7.2
acres at Yacht Harbor Point is developed for publi~
access, the permittee shall make the 7.2 acre area, as
generally shown on" Exhibit'S, available exclusively to
the public for unrestricted public access consistent
with Special Condition Il-D-4 and pursuant to Special
Condition II-D-7~
7. Permanent Guarantee For Public Access and Open Space.
Prior to January 1,1993, the permittee 'shall, by
Instrument or instruments aoceptable to counsel. for
the Commission, permanently guarantee such rights for
th~ public to the new approximately 28,OOO-sguare-foot
Eublic accessarea(s) required in Special.Condition
11-0-4, and the four acres of marsh restoration area
·required in Seecial Condition Il-D-S, to the exten t
the eermittee is legally able to do so. Moreover,
Prior ·to June 1, 1997, the eermitt~e shall, by
instrument or instruments acceetable to counsel for
the Commission, permanently guarantee such ri2hts for
the eublic to the additional 7.2 acres marsh
restoration site or 'public access area required in
Special Condition II-D-6. The instrument (s) shall
create rights in favor of the eublic which shall
commence no"later than after completion of
construction of any eublicaccess imerovement.s or
marsh restoration required by this authorization.and
prior to the use of any structures authorized herein.
Such instrument shall be in a form that meets
recordation requirements of Santa Clara county and
shaH include a le2a1 descr1et1on of . the proper ty
being restricted and a map ttlat clearly .shews and
labels the line of hi2hest tidal action, the proeerty
being restricted for public access, the le2al '
description of the eropertyand of the area bein2
restricted for eublicaccess and/or open seace, and
other aeproeriate landmarks and topo2raehic features
of the site, such as location and elevation of the toe
. of bank. of any levees," any si2nificant elevation
chan2es, and the location of nearest eublic street and
EXHIBIT -B
Sheet 16 of 34
..
"
PERMIT NOo 11-81
(Issued on ~ugust 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 14
adjacent public access areas. Approval or disapproval
of the ihstrument(s) shall occur within 30 da~s after
submittal for approval and shall be based on the
following:
a. Sufficiency of the instrument(s) to create
legally enforceable rights and duties to provide
the publIc access area reguired by this
authorization;
~ Inclusion of an exhibit to the instrument that
clearly shows the area to be reserved with a
legally sufficient description of the boundaries
of such area;. and
c. Sufficiency of the instrument to create legal
rights in favor of the public for public. access
and/or open seace that will run with the land.
and be binding on any sUbseguent eurchasers,
licensees, and users.
h Recordation of the Instrument. Within 30 days after
approval of the instrument(s), the eermittee shall
record the instrument (s) and shall provide :evidence of
recordin2 to the Commission. No changes shall be made
to the instrument after approval without the express
written consent by o~ on behalf of the Commission.
~ Improvements Within the Total public Access Area. !l
January 1, 1993, the ~rmittee shall install the
following improvements:
a. A 3,282-square-foot, ei1e-supported and floating
sailing station for launching small boats;
~ Sailing station support .facilities including a
boat hose-off area, eublic telephone, enclosures
for exIsting portable toIlets, a changing area,
waste receetacles; bicycle racks, and a drinking
fountain;
~ An aperoximate1y 1,8l0-foot-long and
eight-foot-wide decomposed granite eathway,
EXHIBIT -B
Sheet 17 of 34
PERMIT NOo 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
C~ty of Palo Alto
Page 15
10.
11. -
three interpretive ob~ervation stations with
wildlife habitat placards and six benches, and
three vista points with seven benches,
do An approximately 345-foot-10ng and
four-foot-wide connector ~thway,
~ An approximately 3,970-square-foot picnic area
with four picnic benches, four barbecues, two
garbage cans, a drinking fountain, two benches,
approximately 800 square feet of landscaping,
and a 265-foot-1ong and five-foot~wide oyster
she 11 pa thwaX ,
f.Sections of four-foot-high bo11ard fencing
totaling 1,550 feet in length, and 500 fe~t of
picket fencing; and
~ Four public access signs.
Such improvements shall be consistent with the plans
approved pursuant to Special Condition It.A of this
amended authorization and shall substantially conform
to the attached. Exhibits A and B. .
Handicap Accessibility. All public access
improvements authorized herein shall conform, to the
maXimum extent feasible, with all applicable local,
state, and federal laws and regulations regarding
~andicap accessibility.
Maintenance. The areas and improvements'within the
total approximate-1x 28,OOO-square-foot publfc access
area shall be permanently maintained by and at the
expense of the permittee or its assignees. Suc~
maintenance shall include, but is not limited to
repairs to all .path surfaces, replacement of any plant
materials deposited wittiinthe access areas"and
assuring that public access signs remain in place and
visible. Such maintenance is limited to routine
repairs and reconstruction that restores the public
access areas and improvements to the plans. and
EXHIBIT -B
Sheet 18 of 34
PERMIT NOo 11-81
(Issued on August 25 8 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 16
s~cifications authorized herein anQ approved pursuant
to Special Condi tion II-A. Wi thin. 30 days after
notification by staff, the permittee shall 90rrect ~ny
maintenance deficiency'noted in a staff inspection of
the site.
~ Reasonable Rules on Use of Public Access Areas. !h!
permittee may impose reasQnable rules and restrictions
on the use of required public access areas provided
such rules are first approved by or on behalf of the
Commission and do not significantly aff,ct the public
nature of the area nor unreasonably burden public
use. Rules may include restrictin2 hours of use and
delineatin2 appropriate behavior.
E. ;~t~~~~~~/t~,t~Y~¢~~~¢/~'/X~¢~~/~~;~;/'~t~~I/;'t~~t~/~.~/y~~;¢
¢'/~~~/¢¢~~~¢~~~~~/¢'/~;~~st~~/¢;/~t/~~~~_;tI11/1"t'/~~t¢~.;.;/t¢ ~_;1t;;'/~~;/¢t~t/¢'/'~1~/~X~¢/¢~_XX/¢¢¢,1~~~/~~~/t¢,;~;;¢~~~¢/¢'/~~~
_,,;¢~t¢_~;Xt/1X/_¢;.¢/~~~~~/_¢/X_¢~~/~_;~¢;/'~/~~/_¢/¢~X1.~/'¢;/I~/~~~
~~~'~;~/'_1¢/~X~¢/~~Y1_~~¢/~¢~~;/'1_~'/~¢/I~/;~/¢~¢/¢~/~~;/~_~./¢'/~~;
¢ttft~_1/'.;¢t~'/t~¢1~~t~f/~~~/~¢~/11¢t~;~/~¢/~~;/'~~1t¢/~¢¢;¢¢
t¢,t¢Y;¢~~~¢/_~~/~~./;;¢~~;_~t~~/~'/J/¢t~t¢~~/¢'/'¢~;/_¢;;¢/~,/¢~;¢~,
Minimum Fill. To minimize the placement of BaX fill for the construction of
the proposed pedestrian/bicycle paths authorized herein, the permittee shall
relocate the followin2 two sections of path, as generallX'shown on the
at tached Exhibi t A, landward of the line of highe.st tidal action: an
a proximatel 205-foot-Ion section between the north basin and the
Interpret ve Center parking facilitXl and an approximatelx 90-foot-10ng
section linking. the former Yacht Club with the Interpretive center Earkin2
fa9llity. Final relocation of the two sections of pat~shall be awroved, by
or on behalf of the Commission, Eursuant to Seecial Condition II-A.
" ~¢¢.¢¢t~t1t~t/~'/'~~1t¢/'~¢t1t~t;.'//~W.I¢~~¢~;~¢~/~~/¢'.;J~t¢~¢
J~~/¢~;j~/;;jt¢;_~t~~/~~~~¢;t~;~/~.;;t~/j~~X1/~./'.;'¢;¢;~/j~/~¢/~~/~.;¢t~
~;/;J_j~S./¢'/~11/~~~1t¢/~;~ttt¢/~~;¢~f~/~~;/¢¢~jt;~¢tt¢~/~~~;/~¢/t~;
t~~.;~;.~t;;/¢;~~;;/~~~/'~~1t¢/1_~~¢~/;_¢,/~;~t~S/_;'J/~t~~/~¢/1t~~1; t'¢~~;;~¥;~¢;/_~~/~;1_t/_¢/P¢¢¢t~1;' .
_, F. Removal of Yacht Harbor Piers. Within 30 months of being notified
of the-rermination of the last dredging performed pursuant to this amended
permit, or the 'termination of the lease on the Yacht Harbor as it exists on
the date of the original permit, whichever is earlier, all floats, docks,
EXHIBIT· B
Sheet 19 of 34
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
city of Palo Alto
Page 17
piers, and pilings associated with the existing Yacht Harbor shall be removed
and disposed of outside the Commission's jurisdiction by the City of palo
Alto~ provided, however, that minimal facilities may be maintained upon a
determination by or on behalf of the Commission that such facilities would be
limited to only those necessary for launching small boats and would not be
used for purposes other than the temporary mooring of private vessels. In
the event that, for any reason, the permittee is unable to complete all five
authorized dredging cycles, or place 50,000 cubic yards of dredged sediment on
the Yacht Harbor Point disposal site prior to the anticipated completion date
of March 1, 1986, the County of Santa Clara shall notify the City of Palo Alto
and BCDC of the last dredging when it determines that further dredging will
not take place.
~I G. Scheduling of the Dredgin2. For the 1981-82 dredging cycle,
dredging shall cease prior to July II, 1982. Dredging for the 1982-83 cycle
shall not commence prior to OCtober 1, 1982. All remaining dredging cycles
shall be confined to the period between August 1 through March 1. All
dredging shall be completed by March 1, 1986. .
tJ ~ Marsh Restoration Plan. Prior to the commencement of any ~
restoration work ¢¢/t~_/(_¢t~(~tl~¢/~' at Yacht Harbor Point ~_/¢~(¢~
and the boat launch ramp, ~~(¢~~¢t/t~/~I¢/~¢_¢~_~/~~t¢¥~, the permittee
shall submit a marsh restoration plan and program, to be approved by or on
behalf of the Commission.I/'¢(/t~_/(_¢t¢(~tl~¢/~¢~/_¢~_¢¢_¢_¢t/~'/~
"(¢_X/¢~¢¢K¢~¥¢9/~'/~~~/X_¢¢/~~¢/'¢~t/~¢(_¢/X~¢~t_~/~t/t~_/'~X~/XXt~
1_¢~t/~_t~~(/,~¥¢t/_( __ ' plan approval may occur in two phases: the first
phase to include the required four acres of marsh restoration at Yacht Harbor
Point and the wildlife corridor at the boat launch ramp; and the second phase
to include the additional 7.2 acres of marsh restoration at Ya'cht Harbor
Point. The plan and program shall contain the following:
1. Site Conditions and Modifications. A topographic map
of the site in one-foot contours a'nd a topographic map
showing the proposed modifications shall be submitted.
All elevations shall be relative to National Geodetic
Vertical Datum (NGVD). Typical oross-sections showing
." ~~~:hf~~.:.:·!~i:··~~fi~fl"~·b~i~~·~:~J:1?:;'···:-'~Y·Y~~~.~~-fl~if~t~~~:·,····· y. 9 PP. ", .. _"~ ..... ~_ ..... ""." ... _ .. _ ....... " ..... _.~., •. " ....... _"g ____ ._ .. _ .... ., '_.'~""."_
. ['!ltiosof typical horizontal .~9.vertical slopes for
" existing 'andMpi'opos'ed'leve'e's'; channels, and sloughs
shall be 'TdE!!ntifiecf;'" Proposed plant species along the
cross-sections according to thei[, expected zone of
EXHIBIT .. B
Sheet 20 of 34
"
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 18
growth shall be shown. A vicinity map showing storm
drains, the elevation of adjacent surrounding
properties, and the limit of the lOO-year flood shall
be included. Figures for the estimated tidal range
related to Mean Higher High Water, Mean High Water,
Mean Lower Low Water, Mean Sea Level, the maximum
predicted tide, and the lOO-year tide shall also be
included.
2. Levee Breaches. If any levee breaches are proposed,
calculations for determining the size of any levee
breach or pipe to be installed shall be shown. The
amount of cut and fill, the amount of material to be
placed to strengthen the levee, and the expected tidal
exchange shall be indica~ed. The expected tidal range
should showexpec·tations both inside and outside the
levee breach. If plants will be used to protect the
levee from erosion or undercutting, specify the type
of plants. If plants will not be used, describe how
the breach will be protected from~ erosion and under-
cutting. A detailed drawing of any inlet-outlet
structure to be placed, with a schedule of operation,
shall be prepared.
3. Soil and Water Information. A report identifying
the type of soils found at the site and the type of
any fill to be placed at the site shall be submitted.
Quantitative soil measurements of salinity, pH, organic
content, and bulk density shall be included. Water
analysis of salinity, pH, biochemical oxygen demand
(BOD), dissolved oxygen (DO), and, if appropriate,
heavy metals shall be included.
4. Schedule. A schedule indicating' when fill, dred~ing
or grading will occur, the time to be allowed .for
settlement, the t.ime when levee breaches or inlet
structures will begin to function and the time when
planting will occur shall be included. An estimate of
the extent of expected sedimentation over a ten-year
period shall be included.
S. Monitoring. The permittee shall be responsible for
monitoring the site for ~ "y; years after the
EXHIBIT .. B
Sheet 21 of 34
PERMIT NO. 11-91
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 19
marsh restoration project has been completed. The
per;i'ttee shall submit a written letter/reeort to the
Commission on the results and findings of its
'monitoring erogram on a biennial basis commencin2 on
January 1, 1995. Such monitoring and reporting shall
include, but not be limited to, measuring the water
quality, soil characteristics, plant survival and
plant growth rates. Should adverse conditions be
identified, the permittee shall take corrective action
as specified by or on behalf of the Commission.
~, I. Debris Removal. All construction debris shall be removed to a
location outside the jurisdiction of the Commission4 In the event that any
material is placed in any area within the Commissionls jurisdiction, the
permittee, its assigns, or successors in interests, 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 placement.
III. Findings and Declarations
This amended authorization is based upon the Commission's findings and
declarations that the work authorized 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. Bay Plan Map No. 6 designates the project area as both an
existing marina and a waterfront park priority use area. As the purpose of
the original project!!! K. to maintain the former '~K.~K~~ marina, and
as this amended authorization p~'¢K~ is conditioned to assure that the
dredge spoil disposal site at Yacht Harbor Point will be restored to tidal
marsh and public access improvements, consistent with the"natural setting of
the Baylands, will be provided a10n2 the marsh eerimeter __ v_t~p,_/~./~/p~,~
at the completion of dredging, the proposed project is consistent wi~h the
use requirements of the San Francisco Bay Plan.
B. Dredging and SpoilS Disposal. The original ;,~~._~ project,
consisting of maintenance dredging at the former ;~/_~¥.~¥~~ marina and
disposal of the dredge spoils at an upland location, is consistent with the
Bay Plan Policies on Dredging which specifically permits maintenance dredging
and disposal at authorized upland locations. Conducting five separate annual
dredgings will cause greater environmental disturbance than would result if
EXHIBIT -B
Sheet 22 of 34
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 20
the permittee performed one larger scale dredging designed to provide adequa~e
harbor depths for the next five years. This conclusion is based on the fact
that five separate annual dredgings will delay the colonization of the dredged
areas by marine invertebrates, and will increase water turbidity for a longer
period of time, resulting in increased water temperatures and decreased
amounts of dissolved oxygen. However"the Commission finds that the overall
effect of such a small scale dredging proposal is not substantial and is
offset by other benefits of the project as conditioned herein.
The Commission recognizes the significant beneficial effects
of closing the Yacht Harbor as provided in Special Condi tion II-!: ¢ and of
restoring ,~~,¢'X~S four acres at Yacht Harbor point to tidal marsh,
providing a wildlife habitat corridor at the boat launch ramp, constructing
aeproximately 0.66 acres of public access improvements, and allowing the
ermittee an 0, ortunity to restore an additional 7.2 acres at Yacht Harbor
point to tidal marsh ¢¢~ Xit_~t/JlX'l.'fi/'t'fiJ~/~;',/'1.;'~~~/~it;.; ,~t~, as
provided in Special Condition II-C and lI-D~. The Commission also
recognizes that, given today's shortage of boat berths, boat owners at the
Yacht Harbor will need some time to find alternative berthing arrangements.
For all these reasons, the Commission finds that adverse environmental effects
of dredging the Yacht Harbor in a series of five annual dredging cycles will
be sufficiently mitigated, and the Commission can therefore find that the
project conforms to the California Environmental Quality Act and the San
Francisco Bay Plan.
C. ~ater Quality. Special Condition II-B, herein, which requires that
all construction operations be performed to minimize the roiling of waters,
and that sediments and any pollutants be removed from water discharged to the
Bay from the dredge spoils disposal site, assures that the project as
authorized will not adversely effect the quality of Bay waters.
D. Public Access and Public Benefi ts. The proposal to maintenance
dredge Palo Alto Yacht Harbor has been before the Commission twice before.
t~/tW;'/P;._t'/;'_/~¢¢'/t The Commission has been concerned with the
project's impact on pUblic access, particu,larly spoils disposal within .the
lOO-foot shoreline band. This is of particular concern because the Commission
must find, in approving any project, that the project will not have an adverse
impact upon present or possible future maximum feasible public access. For
this reason, in the Commission's last permit for maintenance dredging at the
Yacht Harbor, 11-72, a finding was included that the County of Santa Clara and
the City of Palo Alto should prepare and adopt a comprehensive recreational
plan for Palo Alto's Baylands. That plan, known as the 8aylands Master plan';
EXHIBIT -B
Sheet 23 of 34
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of palo Alto
Page 21
has been completed and adopted. In that plan, four acres of Yacht Harbor
Point are to be developed as a tidal marsh: the remaining seven acres of Yacht
Harbor Point are to be developed as public access.
Clearly the disposal of spoils in the IOO-foot shoreline band will
have some unavoidable adverse effects on existing public access due to the
unattractiveness of a dredge spoils disposal site, and the disturbance caused
by such an activity. Also, allowing the placement of dredge spoils at Yacht
Harbor Point will delay for at least seven years the future development of
Yacht Harbor Point for public access and tidal marsh, as called for in the
Baylands Master Plan. For these reasons, the permit, as ~/_~_vrJ( amended
through Amendment No. Five, p_'¢'tlt¢'I¢_tvrt_vr~¢~/~,_ii'vri/¢tI1_t¢IKtJ(¢
tj¢~J(I_j,~¢, required~ that Yacht Harbor Point be developed in accord
with the Baylands Master plan within ten years of the commencement of
dredging, a time period consistent with that proposed in the 8aylands Master
plan. And, to minimize and mitigate the project's adverse impact on existing
public access, the t~ amended permit contained~ a requirement that a·
35-foot-wide buffer strip be maintained between the existing public access
areas and the disposal site. With these conditions, the Commission
found'vr~~ that the project would,t1not adversely affect present or
possible future public accessat Yacht Harbor Point.
Subsequently, the City of Palo Alto requested Amendment No. Three
to further carry out the objectives of the Baylands Master Plan. The removal
of the Yacht Club building and its ancillary structures and the southerly Sea
Scout ancillary buildings along with the removal of all piers, floats, and
gangways, excepting the Sea Scout docks and Sea Scout building, _vr~/J(~_
,_~J(¢,_J('¢vrl¢tlJ(~_lt¢~,fj¢t_/~i,~~ are consistent with the Master plan.
As provided in Amendment No. FiveL requested by the City, the
existing Sea Scout docks will be removed in phases and will be completely
removed no later than June 30, 19.91. During many stages of the tide, the
docks rest on the mud at the bottom of the Yacht Harbor basin, .smothering and
shading any benthic organisms that might attempt to live underneath, thereby
drastically reducing the mudflat's habitat value. Removing the docks will
allow the mud beneath to be recolonized by benthic organisms.'
Material Amendment No. Six, r~uested ~y the City of Palo Alto,
authorizes an alternative public access and marsh restoration plan than that
required under· the original permit conditions. As noted above, the permit
originally required that of the 11.2 ~cres at Yacht Harbor Point, four acres
be restored to tidal marsh and the remaining seven acres be developed for
EXHIBIT - B
Sheet 24 of 34
PERMIT NO. 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 22
2ublic access by January 1, 1992. This requirement was s2ecifically set forth
to offset the adverse impacts of dredging and dise?sing of the Spoils within
the shoreline band. The alternative plan 2r02osed by the City provides 0.66
acres of public access im2rovements including a sailing station and sU2port
facilities, pathwa~s, interpretive observation stations, and a picnic area,
the required four acres of marsh restoration at Yacht Harbor Point, and
restoration of the boat launch ramf to a wildlife corridor. The alternative
21an proposed by the City clearll results in a net:, reduction of 6.34 acres o~
required public access. Additionally, the alternative plan ,would delal
implementation of the marsh restoration and public access until January 1,
1993. The Commission finds that it cannot allow such a'substantial reduction
in reguired public 'access without significant offsetting public benefits.
The permittee's alternative public access plan would allow the City
of palo Alto an oP2ortu'nity to restore an additional 7.2 acres at Yacht Harbor
Point (originally required for public access) to tidal marsh. Althou2h the
additional 7.2 acres of marsh restoration is not consistent with the Baylands
Master Plan, marsh restoration would provide the necessary public benefits to
offset the 6.34 acre loss of fUblic access. However, at this time, the
permittee will not voluntarily commit to restorin2 the additional 7.2 acres
within 'a specific time feriod, as it has ,not yet secured the necessary funds.
Furthermore, the citl does not propose the seven acres of additional marsh
restoration as a means of offsetting the reduction in public access, as it
maintains that its proposed alternative 0.66 acres of eublic acces,s exceeds
that required in the original permit.
Without some commitment on behalf of the City to restore the
additional seven acres at Yacht Harbor Point to tidal marsh, the Commission
,and the public is only assured of receivln2 four acres of marsh restoration
and 0.'66 acres of public access.. Because the CommisSion finds' that the public
benefits of the prOposed alternative public access and marsh restoration plan,
which inclUdes 4.2 acres of restoration, a wildlife habitat corridor, and 0.66
acres of public access, in combination with the additional 7.2 acres of marsh
restoration, exceed that reguired under the ori2ina1 authorization, the
CommillsiO'n wi 11 allow the permi ttee, as defined in Seecial Condition ll-C, up
to six ye~rs to obtain the necessary fundin2 and restore the 7.2 acres at
Yacht Harbor Point to tidal marsh. While the permittee att~mpts to secure
funding for the additional 7.2 acres·of ma,rsh restoration, the permittee must
continue to' provide interim public access at the 7.2 acre site, as required
under Special Condition II-C. In the event the permittee cannot obtain the
necessary funding for marsh restoration, the 7.2 acres must be develoeed as
public access, as ori2inally intended and as required in Seecial Condition,
EXHIBIT· B
Sheet 25 of 34
PERMIT NO. 11-81
(Issued on August 25 f 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 23
II-C. Moreover, to ensure that the Eublic benefits are realized on a
permanent basis, Special Condition 11-0 requires that the 0~66 acres of public
access and the four acres of marsh restoration be permanently guaranteed for
public benefit. Furthermore, the additional seven acres at Yacht Harbor Point:
must be 2uaranteed either as open space or pub~ic access, dep!nding on how it
is permanently developed.
Special Condition II-J requires that all debris resulting from
tW'/;'¢~Y_~/¢t/.t;~¢t¢;_. the construction activities be removed from
~¢¢~t,~/¢~t¢I~, the Commission's jurisdiction.
~¥tW/tW_._ As conditioned¢, the Commission finds that tW;
F;¢S-¢t/¥¢/¢¢~¢I¢t_~t/~ltW/tW¢/~ltt'¢7~_t~_~~¢/~¢t_;/,~_~/_~~/tW_t the
.proposed project will not adversely affect the Bay or present or possible
future public access at Yacht. Harbor Point, and adequat;eli( mitigates for the
adverse imE8cts associated with the dred2inSl and spoildisP2sal.
t~/¢~~~ytt¥~g/¥t¢/;_~~_¢t/t¢;/~¢~~~'~t/~¢I/'YY"/tW¢/~Itt
Y~_I¢_t __ /¥t./K~t¢~tK¢~/t¢/~FP~t/K~/tW;/t~t~;_/t¢;/_~tW¢;K~~t¥¢~/t¢/¥~¢t_t~
/t~_~~';/_¢¢KK~g/t~¢¥~I~¥¢¢/t¢;/~¢_/¥~/~_~~¢W¥~g/W_~~t¢_;;K_~/¢~¥~~¢_t¢/¢~¢W
_¢/~~/t¢;¢¢/_~_/¢tW~;/¢¢_~~/~~t_;¢'_'t'/_~~¢~K"g/tW_/$¢~/$¢¢~t¢/t¢/¢¢~t¥~~,
_/~;~K¢~/¢t/¥t¢/t¢~tW/~¢_t¥~g/F;¢g;_¢I//~W¢/~¢¢K¢/_';/p,¢P¢¢_~/t¢/~/pl~_t
¢~pp¢;t;_/¥~/_/¢~~~~;/tW_t/~¢~~_/F;_Y;~t/tW_~/tt¢¢/;;¢tK"gt¢~/~~;/~tt~/_t
_pt/¢t_g_/¢'/tW;/tl_¢'/_~_/~¢;/¢'/t~;/_¢¢K¢/~¢~~~/~_/tK¢Kt;~/t¢/~_~~¢W¥~g
~_~_t¢_;;¥ __ /~¢_t¢/t¢/_Y¢K~/tW;/~;;_/t¢;/ ___ lt¥¢~_~/_;;_g¥~gl//~~ __ ;/¢~¢~
¢4~_ytl¢~¢'/_/¢¢t1~/_¢¢Ky~g/t~¢¥~K~t/_¥g~t/~;/_PP;¢F;y_t_/_~_/_~/ __ ¢K~K¢~;_t
tKy;/_pp1y¢_tK¢~/t¢;/¢~¢~/_/t_¢K~Ktt/¢_t/~_/'_;¢;_~tt/t_~_t;;_1
!.!.. Bay Fill. Under Material ~endment No. Six, the permittee is
proposin2 to place approximately 10,542 square feet of Bal fill for two
purposes: habitat enhancement and public access improvements. To construct a
wildlife corridor, the permittee would remove a concrete boat launch ramp,
backfill it with aEproximately 2,800 square feet of fill,and restore it tidal
marsh. To construct a sailing statiOn for small boaters, the permittee would
Elace aEproxima tely 3 (282 square feet of Elle sup??r ted and floa Hng fill. To
construct public access pathways, the Eermittee would place al2proximately
4,460 square feet of earth fll1, primarily a six-inch decomposed granite
surfacing. !he fill for the public access eathswould be placed in a~eas
historically used for Eublic access trails that are alon2 the l2eriphery of
marsh areas subject to automobile, bicycle, and pedestrian traffic, have
little or no ve2etation and habitat value, and are compacted.
EXHIBIT - B
Sheet 26 of 34
PERMIT HO o 11-81
(Issued on August 25g 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
page 24
The Commission finds that the fill for the wildlife corridor and
the sailing' station is for a water-oriented' purpose! is the minimum fill ,
necessary, and there is no alternativ,e ueland location consis,tent with Section
66605 of the McAteer-PetrisAct and the San Francisco Bay Plan. Moreover, as
conditioned under Special Condition II-E, the Commission finds that the fill
for the eublic access eathways is minor fill for imeroving eublic access, is
the minimum fill necessary, and there are no alternative upland locations
consistent with Regulation Section 10701, Special Rules for Non-Water-Oriented
Fills, Section 66605 of the McAteer-Petrie Act, and the San Francisco Bay
Plan.
~I Fo Public Trust. By this amended permit, the Commission determines
that the uses proposed for the areas subject to tidal action are consistent
with the public trust.
tl G. Environmental Impact Reeoet. The County of Santa Clara, the lead
agency and at one time co-permittee for the project, apparently concluded that
the project was either covered by the Environmerital Impact Report d,one for the
previousXy Yacht Harbor dredging or was categorically exempt. Although the
Commission finds that it is unlikely that the project could meet the standards
established by the Resources Agency for categorical exemptions, the Commission
recognizes that the Yacht Harbor dredging was substantially similar to that
covered in the previous Environmental Impact Report. Therefore, the
Commission finds that the determination by the lead agency and at one time
co-permittee was within its discretion and satisfies the requirements of the
California Environmental Quality Act.
Moreover, pursuant to Regulation Section 11501, Amendments No. One,
Two, Three, and Five ~~~/~t¢t;¢~ authorized by this amended permit are K; categorically exempt from the requirement to prepare an environmental
impact report.
As lead agency and eursuant to the California Environmental Quality
Act, the Cit~ of Palo Alto adopted a Mitigated Ne9ative Declaration on March
18, 1991 for the improvements authorized in Amendment No. Six.
¢I ~ Conclusion. For 'all the above reasons, the,public benefits from
the project clearly exceed any public detriment and maximum feasible public
access consistent with the project will be provided. 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.
EXHIBIT· B
Sheet 27 of 34
'.
PERMIT NO~ 11-81
(Issued on August 2S v 1981v As
Amended Through February 26 v 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 25
IV. Standard Conditions
A. All required permissions from governmental bodies must be obtained
before the commencement of work1 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, when&ver any of these may be required. This amended permit
does not relieve the permittee 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 indicated in your applications and amendment requests, as such may
have been modified by the terms of this amended permit 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 Quality Control Board in that region.
E.The rights derived from this amended permit are assignable as
provided herein. An assignment shall not be effective until the assignee
shall have executed and the Commission shall have received an acknowledg-
ment that the assignee has read and understood the original and amendment
applica tions for th is amended permi t and the amended permi t itself 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 of this amended permit.
F. Unless otherwise provided in this permit, as amended, all the terms
and conditions of this amended permit shall remain effective for so long as
the amended permit remains in effector for so long as any use or construction
authorized by this amended permit exists, Whichever is longer.
G. Unless otherwise provided in this permit, as amended, 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.
EXHIBIT -B
Sheet 28 of 34
PERMIT NOo 11-81
(Issued on August 25, 1981, As
Amended Through February 26, 1992)
AMENDMENT NO. SIX
City of Palo Alto
Page 26
H. Unless otherwise provided in this permit, as amended, any work
authorized herein shall be completed within the time limits specified in the
amended permit, or, if no time limits are specified in the amended permit,
within three years. If the work is not completed by the date specified in
this amended permit, or, if no date is specified, within three years from the
date of this amended permit, this 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
shall 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
permit, as amended, shall be grounds for revocation. The Commission may
revoke any permit, or amended permit, for such violation after a public
hearing held on reasonable notice to the permittee or its assignee if the
permi t, or amended permi t, has been effectively assigned. If this amended
permi t is revoked, the CommiSsion may determine, if it deems appropriate, tha t
all or part of any fill 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 permit, as amended, 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 amended permit is granted
or thereafter shall remain subject to that jurisdiction notwithstanding the
placement of any fill or the implementation of any substantial change in
use authorized by this a~ended permit.
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 permit, 'subject to tidal action shall
become subject to the Commission's ~bay~jurisdiction up to the line of
highest tidal action.
M. Unle'ss the Commission directs otherwise, this permit, as amended,
shall become null and void if any term, standard condition, or special condi-
EXHIBIT -B
Sheet 29 of 34
•
PERMIT NOo 11-81
(Issued on August 25, 1981, As
Amended Through February 26 0 1992)
AMENDMENT NO. SIX
city of palo Alto
page 27
tion of this amended permi tshall be found illegal or unenforceable through
the application of statute, administrative ruling, 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 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 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 first above written.
Enc. 04l5R--02/26/92
ARP/JGJ/rr
~ ~. ALAN R. PENDLETON
Executive Director
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: Clyde Morris, W-7-2
Baykeeper, Attn: Mike Herz
City of Palo Alto, Attn: Bill Zaner .
* * . * * * I< '* '* '* '*
Receipt acknowledged, contents understood and agreed to:
*
Executed at Palo Alto City o.f Palo Alto --------------------------
On
EXHIBIT -B
Sheet 30 of 34
--
MARSH RESTORATION
AREA
en ::s'm CD>: CD::c ... -will .... -
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=:~ SANTINA &:: I R£\tSICM I I :=r THOMPSON.,NC.
CAlt
1356 "'£LO" "AY. SUITE 280 • CONCORD. CA. 94520 1-1 ---'------+--1 PAW ALTO
• BODe 8HOREUHE ..." /'
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11
Ml\II£"" W
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PUBLIC ACCESS
AREAS
SAWNC STA110N
SITE PLAN
CWFORNIA
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EXHIBIT-A
2/14/92
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EXHIBIT -B
Sheet 32 of 34
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1355 111££0., WAy' SUITE 280 -CONCORD. CA •. 94620 I I-I PALO ALTO
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® PICNIC TABLE
lilT to 5CN.£
SAlUNG STATION
PICNIC AREA
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6
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CAUFORNIA "C901l1.OJ
EX HfBIT':";A:
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) ~';r-----------------~--------------------------------------~------~--~~
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Sheet 34 of 34
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Exhibit C
LEGAL DESCRIPTION
PUBLIC ACCESS
EXHIBIT CM1
HARBOR PATHWAY, SAILING STATION 8& RELATED FACILITIES
PARCEll
That certain parcel of land situate in the City of Palo Alto} County of Santa Clara} State of
California} being a strip of land 10 feet wide lying 5 feet on each side of a line, unless otherwise
stated, described as follows:
Beginning at a point being North 47° 55' 14" East 2554.46 feet from a City Monument on the
center line of Embarcadero Road, said monument being 333,00 feet northeasterly along said
centerline from the intersection of Embarcadero Road and Embarcadero Way} as shown on that
certain Parcel Map entitled ((Parcel Map, Resubdivlsion of Lands of Bahr, Ledoyen, et. al.,
Embarcadero Way at Embarcadero Road} Known as Vactite site" filed June 8} 1971} in Book 284
of Maps at Page 40} Official Records of said County;
THENCE, North 30° 03' 5811 East 14.69 feet;
THENCE} North 43° 50' 46" East 36.32 feet;
THENCE, North 41° 41' 32" East 89,81 feet to a point where said strip of land becomes 10 fe<et
in width northwesterly and 5 feet in width southeasterly of said line for the follOWing three
courses;
North 31° 41' 16" East 37.75 feet;
North 32° 09' 46" East 33.38 feet;
North 35° 24' 40" East 133.25 feet to a point called ((A", said point being the beginning
of a non-tangent curve, concave northeasterly having a radius of 200 feet and a radial
bearing of North 27° 41' 5511 Easti
THENCE, southeasterly along said curve through a central angle of 05° 20' 00" an arc distance of
18.62 feeti
THENCE} South 67° 38' 0111 East 57.62 feet to the beginning of a tangent curve} concave
southwesterly and having a radius of 400.00 feet;
THENCE} southerly along said curve through a central angle of 100 58' 51" an arc distance of 76.66
feet;
Sheet 1 of 8
THENCE, South 56° 39' 10" East 155.93 feet to the beginning of a tangent curve, concave
northeasterly, and having a radius of 104.00 feet;
THENCE, southeasterly along said curve through a central angle of 32° 15' 0311 an arc distance of
58.54 feet;
THENCE, South 88° 54' 1211 East 15.97 feet to a point where said strip of land becomes 35 feet in
width northerly and 5 feet in width southerly of said line for the following two courses;
South 88° 54' 12" East 12.77 feet to the beginning of a tangent curve, concave
southwesterly, having a radius of 64.00 feet;
southeasterly along said curve through a central angle of 18° 00' 0111 an arc distance of
20.11 feet;
THENCE, southeasterly continuing along said 64-foot radius curve through a central angle of 47°
15' 16" an arc distance of 52.78 feet;
THENCE, South 23° 38' 55" East 73.31 feet to the beginning of a tangent curve, concave
northeasterly, having a radius of 170.00 feet;
THENCE, southerly and easterly along said curve through a central angle of 06° 09' 3011 an arc
distance of 18.2tfeet to a point where said strip of land becomes 35 feet wide southwesterly and
5 feet wide northeasterly of said line for the following course;
southeasterly along said curve through a central angle of 11° OS' 25" an arc distance of
32.91 feet;
THENCE, southeasterly continuing along said curve through a central angle of 14° 01' 17" an arc
distance of 41.60 feet;
THENCE, South 54° 53' 47" East 77.66 feet to the beginning of a tangent curve, concave
northeasterly, and having a radius of 200.00 feet;
THENCE, southeasterly along said curve through a central angle of 04° 27' 34n an arc distance of
15.57 feet;
THENCE, South 59° 21' 21n East 61.76 feet to a point called liB", said point also being the beginning
of a non-tangent curve, concave westerly, having a radius of 96.00 feet and a radial bearing of
North 32° 04'27" East;
THENCE, southerly along said curve through a central angle of 76° 291 39" an arc distance of
128.17 feet to a point of reverse curvature;
Sheet 2 of 8
THENCE, along a curve, concave easterly} having a radius of 64.00 feet; through a central angle of
72° 04' 02" an arc distance of 80.50 feet to a point of compound curvature;
THENCE} along a curve concave northeasterly and having a radius of 365.00 feet; through a central
angle of 11 ° 14' 50" an arc distance of 71.65 feet to a point of compound curvature}
THENCE} along a curve} concave northerly, having a radius of 29.00 feet} said strip of land becomes
35 feet in width southerly and 5 feet in width northerly of said line for the following course;
easterly along said curve through a central angle of 45° 57' 32" an arc distance of 23.26
feet;
THENCE} easterly along said curve through a central angle of 35° 32' 56" an arc distance of 17.99
feet to a point where said strip of land becomes 20 feet in width southeasterly and 5 feet in width
northwesterly of said line for the following course;
North 33° 44' 41" East 52.80 feet to the beginning of a tangent curve, concave
southeasterly and having a radius of 54.00 feet;
THENCE, northeasterly along said curve through a central angle of 44° 24' 1111 an arc distance of
41.85 feet;
THENCE, North 78° 08' 5211 East 44.75 feet to the beginning of a tangent curve, concave northerly
and having a radius of 80.00 feet;
THENCE, easterly along said curve through a central angle of 25° 51' 38" an arc distance of 36.11
feet to a point where said strip of land becomes 25 feet in width southeasterly and 5 feet in width
northwesterly of said line for the following two courses;
North 52° 17' 14" East 26.05 feet to the beginning of a tangent curve, concave
northwesterly and having a radius of 210.00 feet;
northwesterly along said curve through a central angle of 06° 56' 2811 an arc distance of
25.44feeti
THENCE, continuing northwesterly along said curve through a central angle of 19° 28' 3611 an arc
distance of 71.39 feet;
THENCE, North 25° 52' 10" East 17.91 feet to a point where said strip of land becomes 25 feet in
width southeasterly and 5 feet in width northwesterly of said line for the following course;
North 25° 52' 1011 East 60.00 feet
THENCE, North 25° 52' 10" East 15.14 feet to a point where said strip of land becomes 30 feet in
width southeasterly and 5 feet in width northwesterly of said line for the following three courseSi
Sheet 3 of 8
North 18° 31' 11" East 53.63 feet;
North 30° 36' 03" East 43.39 feet to a point called "C";
North 30° 36' 03" East 14.22 feet to a point where said strip of land becomes 40 feet in
width northwesterly and 5 feet in width southeasterly of said line for the following course·
and distance;
North 30° 36' 03" East 30.00 feet to the terminus of the strip of land.
PARCEL 2
A strip of land 10 feet wide, lying 5 feet on each side ofthe line, unless otherwise stated, the
centerline of which is described as follows:
Beginning at point "A" as described in Parcell;
THENCE, northwesterly along a curve, concave northeasterly with a radial bearing of North
27°41'55" East and a radius of 200.00 feet; through a central angle of 04°26'19" an arc distance of
15.49 feet;
THENCE, North 5r51'38" West 1.09 feet,
THENCE, l\Jorth 56°54'24" West 12.00 feet,
THENCE, South 35°32'17" West 156.00 feet to the terminus of said strip of land.
Excepting therefrom that which lies within said Parcell.
PARCEL 3
A strip of land 10 feet wide, lying 5 feet on each side of the following described line unless
otherwise stated;
Beginning at point liB" as described in Parcell;
THENCE, South 59° 21' 21" East, 75.00 feet to a point where said strip of land becomes 40 feet in
width southwesterly and 5 feet in width northeasterly for the following course and distance;
South 59° 21' 21" East 41.20 feet to the terminus of said strip of land.
Excepting therefrom that which lies within said Parcell.
Sheet 4 of 8
PARCEL 4
A strip of land 10 feet wide, lying 5 feet on each side of the following described line unless
otherwise stated;
Beginning at a point being South 59°23'57/ East 30.00 feet from a point c.alled 11(", as described in
said Parcell;
THENCE, South 590 231 5711 East 225.65 feet to a point where said strip of land widens to 55 feet
southerly and 55 feet northerly for the following course and distance;
South 76° 24' 37" East 30.00 feet to the terminus of said strip of land.
Parcels 1,2, 3 and 4 contain 0.937 acres more or less.
Said Parcels 1,2, 3 and 4 being a portion of that real property as described in the following
recorded Deeds in said County:
January 12, 1921, in Volume 532 of Deeds page 59;
April 23, 1926, in Volume 400 Official Records, page 89;
January 2, 1963, in Book 5847 Official Records, page 511.
Said Parcels 1, 2, 3 and 4 are shown on attached plats (sheets 6, 7 and 8) and made a part hereof.
END OF LEGAL DESCRIPTION
Sheet 5 ofS
/
RADIAL BEARING \{BAY MARSH ARFA-\
S 27'41'55" W\ / > ~ • \ \.
POINT "A" -., .... -1---, " ~=04'26'19" R=200.00' L=15.49' ;-' / ~=05'20'~CJII R=200.00' L=18.62'
N 57'51'38" W" "
N 56'54'24" W / "
/ '--HARBOR PATHWAY / S 67'38'01" E 57.6~ ~
/ ~=10'58'51" R=400.00' L~~~' '~LD :._._::._ ... ~O •• i ... j
( IN FEET)
1 inch = 80 ft.
~~_---N 3r41'16" E 37.75'
HARBOR PATHWAY HARBOR PATHWAY
'--BAY MARSH AR[A
36.32'
N 30'03'58" E 14.69' ~~/L-----
; ';;j~O , POINT OF BEGINNING HORIZONTAL CONTROL POINT:
~CJ~ ~~ HARBOR PATHWAY CCS83 -FND CITY ~~~~ N 47"55'14" E 2554.46' ~g~~H~~~; f19~~~f~~fTES:
<'\~ FOUND CITY EASTING: 6,093,455.01 ~ MONUMENT (1&2) ~~,~ N 42'52'10" E 333.0' (1) ~a ~ LEGEND:
Ok .. -_ .. APPROXIMATE BCDC BAY
REFERENCES:
(1) 284 M 40
(2) CCS83
')-JURISDICTION UNE*
*LOCATION BASED ON ELEV. OF 5 FEET ABOVE MEAN SEA
(MSL-O.44'). USL AND ELEVATION INFORMATION BASED API' OV
MARSH RESTORATION GRADING PlANS BY SANTiNA AND lHOMPSON. INC.,
DATED 10/1992, PROVIDED BY THE CITY OF PALO ALTO. INFORMATION IN
SAID DRAWINGS WAS NOT VERIFIED FOR ACCURACY BY eSG CONSULTANTS.
PREPARED BY:
CSG Consultants Inc.
HARBOR PATHWAY (1 OF 3)
CITY OF PALO ALTO
CALIFORNIA
1700 South Amphlett Boulevard, 3rd Floor
San Mateo, CA 94402
Phone (650)522-2500 Fax (650)522-2599
DATE: 02/19/09
DRAWN BY: ST
JOB NO. 08.327
EXHIBIT C-1. Sheet 6 of 8
r--------L'l=32' 15'03" R= 104.00' L=58.54'
,-----S 88·54'12" E 28.74'
.I-----L'l=18·00'01" R=64.00' L=20.11'
r---L'l=47'15'16" R=64.00· L=52.78'
~ 40 80 1--' b o
L()
tV) S 23'38'55" E 73.31' ( IN FEET)
1 inch = 80 ft.
HARBOR PATHWAY
PARCEL 1
__ --L'l=06'09' 30" R= 170.00' L= 18.27'
___ --L'l=11'05'25" R=170.00' L=32.91'
~--ll=14'01'17" R=170.00'L=41.60·
S 54'53'47" E 77.66'
L'l=04'27'34" R=200.00' L= 15.57'
S 59°21'21" E 61.76'
POINT "8"
S 59'21'21" E 75.00'
S59'21'21"E
41.20' /
2 PARC,rL
31") I
13 REFERENCES:
(1) 284 M 40
(2) CCS83 L'l= 76'29'39" R=96.00· L= 128.71' . Ix -~ I (f) LEGEND: <D INTERPRATIVE
OBSERVATION STATION
L'l=72'04'02" R=64.00· L=80.50'
<i> CHANGING FACIUlY
___ ... APPROXIMATE BCDC BAY
JURISDICTION UNE*
*LOCA110N BASED ON ELE.V. OF 5 FEET ABOVE MEAN SEA LEVEL
HARBOR P A THWA Y
(M~L=O.44·). MSL AND ELE.VATION INFORMA110N BASED ON A 11'14'50" R 365 00' L 71 65' . APPROVED MARSH RESTORATION GRADING PLANS BY SANllNA AND t..\= =. ==.
THOMPSON, INC., DATED 10/1992, PROVIDED BY THE CITY. OF ll-456 57'32" R-29 00' L -2326' PALO ALTO. INFORMATION IN SAID DRAWINGS WAS NOT VERIFIED --:. -.
FOR ACCURACY BY CSG CONSULTANTS.
HORIZONTAL CONTROL POI~I;
CCS83 -FND CITY
MONUMENT AT COORDINATES:
NORTHING: 1 ;991.738.61
EASTING: 6,093.455,01 -·PLAT TO ACCOMPANY LEGAL DESCRIPTION
(';5_
Cy '1 I:tI
'I;J( / (f)
I
I
PREPARED BY:
CSG Consultants Inc.
HARBOR PATHWAY (2 OF 3)
CITY OF PALO ALTO
CALIFORNIA 1700 South AmRhlett Boulevard. 3rd Floor
San Mateo, CA 94402 DATE: 02/19/09 JOe NO, 08,327
Phone (650)522-2500 Fax (650)522-2599 DRAWN BY: ST EXHIBIT C-1. Sheet 7 of 8
REFERENCES:
(1) 284 M 40
(2) CCS83
HORIZONTAL CONTROL POINT:
CCS83 -FND CITY
MONUMENT AT COORDINATES:
NORTHING: 1,991,738.61
EASTING: 6,093,455.01
~ PARCEL 1
w HARBOR
Uj PATHWAY
t!:l U)
POINT "c"
30.00'
14.22'
S 59'23'57" E 30.00'
"E 53.63'
"E 15.14'
30.00'
E 17.91'
R=210.00· L=71.39'
10.00' L=25.44'
26.05'
R=80.00' L=36'~"~~BAY MARSH AREA-.!
LEGEND
L=41.85' CD VISTA POINT
I
)' (/-BAY MARSH AREA---'
80 0 -4() 80 ~~ 1--1
( IN FEET)
1 inch = 80 ft.
® FLOATING SAILING STATION
@ BOAT HOSE -OFF AREA
@ SAILING STATION SUPPORT
FACILITIES
I_I WILDLIFE CORRIDOR
- - - -APPROXIMATE BCDC BAY
JURISDICTION UNE*
*LOCATION BASED ON ELE.V. OF 5 FEET ABOVE MEAN
SEA lEVEL (MSl .. O.44'). MSL AND ElEVATION
INFORMATION BASED ON APPROVED MARSH RESTORATION
GRADING PlANS BY SANT1NA & THOMPSON, INC., DATED
10/1992. PROVIDED BY THE CIlY Of' PALO ALTO.
INFORMATION IN SAID-DRAWINGS WAS NOT VERIFIED FOR
ACCURACY BY CSG CONSULTANTS, INC.
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PREPARED BY:
eSG Consultants Inc.
1700 South Amphlett Boulevard. 3rd Floor
San Mateo, CA 94402
Phone (650)522-2500 Fax (650)522-2599
HARBOR PATHWAY (3' OF 3)
CITY OF PALO ALTO
CALIFORNIA
DATE: 02/19/09 JOB NO. 08.327
DRAWN BY: ST EXt.llBIT C-1. Sheet 8 of 8
LEGAL DESCRIPTIOI\!
OPEN SPACE
EXHIBITC-2
MARSH RESTORATION AREA, PHASE 1
PARCEL 6
That certain parcel of land situate in the City of Palo Alto, County of Santa Clara, State of
California, described as follows:
BEGINNING at a point on a curve, concave northerly, having a radius of 860.00 feet with a radial
bearing of South 21° 07' 22" West, said point of beginning being North 64° 51' 10" East 2248.69
feet from a City Monument on the centerline of Embarcadero Road, said monument being
333.00 feet northeasterly along said centerline from the intersection of Embarcadero Road and
Embarcadero Way, as shown on that certain Parcel Map entitled "Parcel Map, Resubdivlslon of
Lands of Bahr, Ledoyen, et. al.} Embarcadero Way at Embarcadero Road, Known as Vactite site"
filed June 8, 1971, In Book 284 of Maps at Page 40, Official Records of said County;
THENCE, easterly and northeasterly along said curve through a central angle of 73° 25' 44" an
arc distance of 1102.16 feet to a point of non-tangency;
-THENCE, North 67° 49' 46" West 191.10 feet to a point on a non-tangent curve;
THENCE, southwesterly along a curve, concave northerly, having a radius of 211.85 feet and a
radial bearing of South 47° 16' 06" East, through a central angle of 52° 06' 03" an arc distance
of 192.6A feet to a point on a non-tangent curve, concave southeasterly, having a radius of
450.00 feet and a radial bearing of North 27° 14' 3811 East;
THENCE, westerly and southwesterly along said curve through a central angle of 1010 55' 08" an
arc distance of 800.47 feet to the POINT OF BEGINNING.
Containing 5.99 acres more or less.
Said Parcel 6 (HARBOR MARSH AREA) being a portion of that real property as described in the
following recorded Deeds in said County:
January 12, 1921, in Volume 532 of Deeds page 59;
April 23, 1926, in Volume 500 Official Records, page 89;
January 2, 1963, in Book 5847 Official Records, page 511.
Sheet 10f3
Said Parcel 6 (MARSH RESTORATION AREA, PHASE 1) is shown on attached plat (sheet 2) and
made a part hereof.
END OF LEGAL DESCRIPTION
Sheet 2 of 3
I
I
I
150
POINT OF BEGINNING
MARSH AREA 1
N 64'51'10" E 2248.69'
FOUND CITY
MONUMENT (1&2)
EMBARCADERO RD.
BAY MARSH AREA-\
ENCES:
(1) 284 M 40
(2) CCS83
HORIZONTAL CONTROL POINT:
CCS83 -FND CllY
MONUMENT AT COORDINATES:
NORTHING: 1.991.738.61
EASTING: 6.093.455.01
.. _____ APPROXIMATE BCDC BAY
JURISDICTION LlNE*
*LOCATION BASED ON my. OF 5 FEET N:JOVE MEAN
SEA LEVEL (MSL=O.44'). MSL AND ELE.VATION
INFORMAll0N BASED ON APPROVED MARSH RESTORATION
GRADING PLANS BY SANllNA AND THOMPSON, INC., DATED
10/1992, PROVIDED BY THE CITY OF PALO ALTO.
INFORMATION IN SAID DRAWINGS WAS NOT VERIFIED FOR
ACCURACY BY CSG CONSULTANTS.
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PREPARED BY:
CSG Consultants Inc.
1700 South Amphlett Boulevard. 3rd Floor
San Mateo. CA 94402
Phone (650)522-2500 Fox (650)522-2599
MARSH AREA -PHASE 1
CITY OF PALO ALTO
CALIFORNIA
DATE: 02/19/09 JOB NO. 08.327
DRAWN BY: ST EXHIBIT C-2. Sheet 3 of 3
LEGAL DESCRIPTION
PUBLIC ACCESS
EXHIBIT Ca 3
PICNIC AREA
PARCEL 7
That certain parcel of land situate in the City of Palo Alto, County of Santa Clara, State of
California, described as follows:
BEGINNING at a point North 49° 09' 3411 East 2172.69 feet from a City lVIonument on the
centerline of Embarcadero Road, said monument being 333.00 feet northeasterly along said
centerline from the intersection of Embarcadero Road and Embarcadero Way, as shown on that
certain Parcel Map entitled {{Parcel Map, Resubdivision of lands of Bahr, ledoyen, et. aL,
Embarcadero Way at Embarcadero Road, Known as Vactite site" flied June 8, 1971, in Book 284
of Maps at Page 40, Official Records of said County;
THENCE, North 58° 21' 54" West 86.00 feet;
THENCE, North 31° 38' 0611 East 122.00 feet;
THENCE, South 58° 21' 5411 East 86.00 feet;
THENCE, South 31° 38' 06" West 122.00 feet to the POINT OF BEGINNING ..
Containing 0.24 acres, more or less.
Said Parcel 7 being a portion of that real property as described in the follOWing recorded Deeds
In said County:
January 12, 1921, in Volume 532 of Deeds page 59;
April 23,1926, in Volume 500 Official Records, page 89;
January 2, 1963, in Book 5847 Official Records, page 511.
Said Parcel 7 (PICNIC AREA) is shown on attached plat (sheet 2), and made a part hereof.
END OF LEGAL DESCRIPTION
Sheet 1 of 2
REFERENCES:
(1) 284 M 40
(2) CCS83
. HORIZONTAL CONTROL POINT:
CCS83 -FND CITY
MONUMENT AT COORDINATES:
NORTHING: 1,991,738.61
EASTING: 6,093,455.01
50 0 25 50 ~L.--::1."=-_!-1
PICNIC
AREA
( IN FEET)
1 inoh = 50 ft.
POINT OF BEGINNING
'----PICNIC AREA
'-----N 49"09'34" E 2172.69'
FOUND CITY
'----MONUMENT (1&2)
'---N 52"42'10" E 333.0' (1)
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PREPARED BY:
CSG Consultants Inc.
PICNIC AREA
CITY OF PALO ALTO
CALIFORNIA
1700 South Amphlett Boulevard, 3rd Floor DATE'. 02/19/09 JOB NO. 08.327 San Mateo, CA 94402 1-~":":::'''''::'::!......:....:!.....:~-4--------:--:-:--J
Phone (650)522-2500 Fax (650)522-2599 -DRAWN BY: ST EXHIBIT C-3, Sheet 2 of 2
LEGAL DESCRIPTION
OPEN SPACE
EXHIBIT C-4
MARSH RESTORATION AREA, PHASE 2
PARCELS
That certain parcel of land located in the City of Palo Alto, County of Santa Clara, State of California,
described as follows:
BEGINNING at a point being North 64°51'10" East 2248.69 feet from a City Monument on the center line
of Embarcadero Road, said monument being 333.00 feet northeasterly along said centerline from the
intersection of Embarcadero Road and Embarcadero Way, as shown on that certain Parcel Map entitled
"ParcellVlap, Resubdlvision of Lands of Bahr, Ledoyen, et. aI., Embarcadero Way at Embarcadero Road,
Known as Vactite site" filed June 8, 1971, in Book 284 of Maps at Page 40, Official Records of said
County;
THENCE, North 41°12'22" West 187.38 feet;
THENCE, North 3r38'20" East 865.40 feet to a point on a curve, concave northerly, having a radius of
109.00 feet and a radial bearing of South 26°57'07" West;
THENCE, southeasterly along said curve through a central angle of 25°51'33" an arc distance of 49.19
feet;
THENCE, South 88°54'12" East 28.74 feet to the be"ginning of a tangent curve, concave southwesterly,
having a radius of 59.00 feet, southeasterly along said curve through a central angle of 65°15'17" an arc
distance of 67.20 feet;
THENCE, South 23°38'55" East 73.31 feet to the beginning of a tangent curve, concave easterly, having a
radius of 175.00 feet;
THENCE, southerly and southeasterly along said curve through a central angle of 6°09'30" an arc
distance of 18.81 feet;
THENCE, along a radial bearing, South 60°11'35" East 30.00 feet to a curve, concentric with lest said
curve, having a radius of 205.00 feet;
THENCE, southeasterly along said curve through a central angle of 1r05'25" an arc distance of 39.68
feet;
THENCE, along a radial bearing, North 49°06'10" East 30.00 feet to a curve, concentric with lest said
curve, having a radius of 175.00 feet;
THENCE, southeasterly along said curve through a central angle of 14°01'17" an arc distance of 42.83
feet;
THENCE, South 54°53'47" East 77.66 feet to the beginning of a tangent curve, concave northeasterly,
and having a radius of 205.00 feet;
Sheet 1 of 3
THENCE, southeasterly along said curve through a central angle of 04"27'34" an arc distance of 15.96
feet;
THENCE, South 59"21'21" East 61.69 feet to the beginning of a non-tangent curve, concave westerly,
having a radius of 91.00 feet and a radial bearing of North 32"06'47" East;
THENCE, southerly along said curve through a central angle of 76°27'19" an arc distance of 121.43 feet
to a point of reverse curvature;
THENCE, along a curve to the left, having a radius of 69:00 feet, through a central angle of 7r04'02" and
an arc distance of 86.79 feet to a, point of compound curvature;
THENCE, along a curve to the left, having a radius of 370.00 feet, through a central angle of 11 °14'50" an
arc distance of 72.63 feet to a point of compound curvature;
THENCE, along a curve to the left, having a radius of 34.00 feet, through a central angle of 07"51'16" an
arc distance of 4.66 feet;
THENCE, South 17°23'58/1 West 29.84 feet to a point on a non-tangent curve, concave northerly, having
a radius of 211.85 feet and a radial bearing of South 46°25'32" East;
THENCE, southwesterly along said curve through a central angle of 51°15'29" an arc distance of 189.53
feet to a point on a non-tangent curve, concave southeasterly, having a radius of 450.00 feet and a
radial bearing of North 27°14'38" East;
THENCE, westerly and southwesterly along said curve through a central angle of 10r55'08" and arc
distance of 800.47 feet to the POINT OF BEGINNING.
Said ParcelS contains 7.30 acres more or less.
Said Parcel being a portion of that real property as described in the following recorded Deeds in said
County:
January 2, 1921, in Volume 532 of Deeds page 59;
April 23, 1926, in VolUme 500 Official Records, page 89;
January 2, 1963, in Book 5847 Official Records, page 511.
Said ParcelS (MARSH RESTORATION AREA, PHASE 2) Is shown on the attached plat (sheet 3), and made
a part hereof.
END OF DESCRIPTION
Sheet 2 of 3
7r/....,~
_.-•• ' RA'SIt\L BEARING II ~S:57'21"W"\ / I
0=25'51'33" R=109.00' L;::;49.19'
S 88'54'12" E 28.74'
-
PREPARED BY:
", V I
" " BA Y MARSH AREA""\.
-----
0=65'15'17" R=59.00' L=67.20'
S 23'38'55' E 73.31'
0=06'09'30" R=175.00' L=18.81'
S 60'11'35" W 30.00'
0=14'01'17" R;:::;175.00' ~.)_/ L=42.83'
~ RADIAL '0 '0 ~ BEARING C! ° ~ N32'06'47"E ~ ~
II ~ J 0::
'" = =to ~~ 0 ,.... \' ) ~t51oi.o r-v :::c-l"~
I ..... "o.q-II II II II Cl....JCl....J
N 64'51'10" E ..... ___ .. APPROXIMATE BCDC BAY
2248.69' - -_ / JURISDICTION UNE*
- - -J *LOCATION BASED ON ElEV. OF 5 FEET ABOVE ME'AN
FOUND CITY SEA LEVEL (MSL=0,44'). !.ISL AND ELEVATION MONUMENT (1 & 2) INFORMATION BASEO ON APPROVED MARSH RESTORATION
N 52'42'1Q"E 333.0' (1)
GRADING PlANS BY SANllNA ANO THOMPSON, INC., DATED
10/1992, PROVIDED BY THE CITY OF PALO ALTO.
INFORMATION IN SAID DRAWINGS WAS NOT VERIFIED FOR
ACCURACY BY CSG CONSULTANTS.
PLAT TO ACCOMPANY LEGAL DESCRIPTION
CSG Consultants Inc.
MARSH AREA -PHASE 2
CITY OF PALO ALTO
CALIFORNIA 1700 South Amp'hlett Boulevard. 3rd Floor San Mateo. CA 94402
Phone (650)522-2500 Fax (650)522-2599 DATE: 02/19/09
DRAWN BY: ST
JOB NO. 08.327
EXHIBIT C-4. Sheet 3 of 3