The Unity Council’s Posada de Colores Explanation of Significant Differences and Remedial Action Plan Addendum


SCH Number
Public Agency
Department of Toxic Substances Control
Document Title
The Unity Council’s Posada de Colores Explanation of Significant Differences and Remedial Action Plan Addendum
Document Type
NOE - Notice of Exemption
Document Description
The DTSC has approved the Unity Council’s Posada de Colores Explanation of Significant Differences (ESD) and Remedial Action Plan Addendum (RAP Addendum) for The Unity Council-Posada de Colors LP property located at 2221 Fruitvale Avenue in Oakland, California (Project Site). The ESD identified the required changes to the remedy approved in the Remedial Action Plan (January 2018), the Remedial Design and Implementation Plan (RD/IP); and, the Groundwater Remedial Action Plan (June 2018) (collectively, the RAP). The RAP addressed the release of tetrachloroethene (PCE) to soil, soil gas and groundwater at the Project.

Contact Information

Meghan Hearne
Agency Name
Department of Toxic Substances Control
Job Title
Project Manager, Unit Chirf
Contact Types
Lead/Public Agency


Citywide, Countywide, Northern California, San Francisco Bay Area
Cross Streets
Fruitvale, between E 22nd and E 23rd Streets
Other Location Info
2221 Fruitvale Avenue

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Class 30, CA Code of Regulations, Title 14, Section 15330
Reasons for Exemption
1. Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances. 2. The project will not exceed $1 million in cost. 3. The project will be consistent with applicable State and local environmental permitting requirements. 4. The project does not involve the onsite use of a hazardous waste incinerator or thermal treatment unit. 5. The project does not involve the relocation of residences or businesses. 6. The project does not involve the potential release into the air of volatile organic compounds as defined in Health and Safety Code Section 25123. (Exception: Small-scale in-situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District.) 7. The exceptions pursuant to California Code of Regulations, Title 14, Section 15300.2 have been addressed as follows: a. Cumulative Impact. The project will not result in cumulative impacts because it is designed to be a short-term final remedy that would not lead to a succession of projects of the same type in the same place over time. b. Significant Effect. The environmental safeguards and monitoring procedures that are enforceable and made a condition of project approval will prevent unusual circumstances from occurring so that there is no possibility that the project will have a significant effect on the environment. c. Scenic Highways. The project will not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, because it is not located within a highway officially designated as a state scenic highway. d. Hazardous Waste Sites. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code ( e. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
County Clerk


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