8J Consent Calendar 2019 0701 - Laserfiche WebLink

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File Number: 19-367 WHEREAS, adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15308 of the CEQA Guidelines, exempting actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment; and WHEREAS, the City Council desires to adopt this Ordinance in order to reduce PCBs in stormwater runoff originating in the City of San Leandro; and WHEREAS, the City Council authorizes the Building Division in the Community Development Department to develop, implement, and promulgate regulations and procedures to create and manage the program, including conditions of approval, demolition permit requirements, and related forms; and WHEREAS, the Building Division shall develop the appropriate permit fees and/or other cost recovery mechanisms, if determined necessary, for subsequent City Council approval and insertion into the City of San Leandro’s master fee schedule at a later date. SECTION 2. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: 3-23-100. Purpose (a) The provisions of this Article shall be construed to accomplish the following purposes: 1. Require building demolition permit applicants (Applicants) to conduct a PCBs in Priority Building Materials Screening Assessment and submit information documenting the results of the screening. Such documentation to include (1) the results of a determination whether the building proposed for demolition is high priority for PCBs-containing building materials based on the structure age, use, and construction, and (2) the concentration of PCBs in each Priority Building Material present and, (3) for each Priority Building Material present with a PCBs concentration equal to or greater than 50 ppm, the approximate amount (linear feet or square feet) of that material in the building. 2. Inform Applicants with PCBs present in one or more of the Priority Building Materials (based on the above screening assessment) that they must comply with all related applicable federal and state laws. This may include reporting to the U.S. Environmental Protection Agency (EPA), the San Francisco Bay Regional Water Quality Control Board (Regional Water Board), and/or the California Department of Toxic Substances Control (DTSC). Additional sampling for and abatement of PCBs may be required. 3. Meet the requirements of the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal Regional Stormwater Permit Order No. R2-2015-0049. (b) The requirements of this ordinance do not replace or supplant the requirements of California or Federal law, including but not limited to the Toxic Substances Control Act, 40 Code of Federal Regulations (CFR) Part 761, and California Code of Regulations (CCR) Title 22. 3-23-200. Definitions In addition to the general definitions applicable to this Code, whenever used in this Article, the following terms shall have the meanings set forth below: (a) “Applicable Structure” means buildings constructed or remodeled from January 1, 1950 to December 31, 1980. Remodeling, partial building, wood framed structure, and single-family residence demolition projects are exempt. (b) “Applicant” means a person applying for a building demolition permit as required by Chapter 7-5, Article 1, Section 105.1 et seq. (c) “Appropriate Authority” means the Building Division of the Community Development Department of the City of San Leandro. Page 2 City of San Leandro Printed on 6/25/2019 237