Agreement and Covenant Not to Sue


SCH Number
Public Agency
Department of Toxic Substances Control
Document Title
Agreement and Covenant Not to Sue
Document Type
NOE - Notice of Exemption
Document Description
The Department of Toxic Substances Control (DTSC) and HRP Campus Bay Property, LLC (HRP), have entered into an Agreement and Covenant Not to Sue, Docket No. HSA-FY 20/21-140 (hereinafter, the “Agreement”), more commonly known as a Prospective Purchaser Agreement (PPA), regarding the Zeneca/Former Stauffer Chemical hazardous substance cleanup site located at 1415 South 47th Street, Richmond (Site). HRP plans to develop the Site to include multi-family housing, commercial businesses, and open spaces.

Contact Information

Ian Utz
Agency Name
Department of Toxic Substances Control
Contact Types
Lead/Public Agency


Contra Costa
Cross Streets
S. 51st Street, Meade Street
State Highways
Other Location Info
1415 South 47th Street, Richmond, CA 94804

Notice of Exemption

Exempt Status
Statutory Exemption
Type, Section or Code
Statutory Exemption: Public Resources Code section 21065
Reasons for Exemption
This is not a project under CEQA as defined in Public Resources Code section 21065. This Agreement relates to funding and legal liability and a requirement to carry out activities that were analyzed in previous CEQA documents by DTSC. Any currently unanticipated new actions or significant changes would require new decision documents that would be required to comply with CEQA. There will be no direct or indirect physical change to the environment due to the required notification and creation of reports. The Agreement will not result in an additional change in any of the physical conditions within California, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. Therefore, DTSC finds with certainty that there is not a possibility that the activities in question will result in a significant environmental effect.

Exempt Status
Type, Section or Code
Common Sense Exemption: California Code of Regulations, title 14, section 15061(b)(3)
Reasons for Exemption
Although DTSC has determined that this Agreement is not a project under CEQA, if the Agreement were a project it would be exempt from CEQA under the “general rule” or “common sense” exemption outlined in California Code of Regulations, title 14, section 15061(b)(3). This rule holds that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
County Clerk
Contra Costa


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