§ 84-63.410. Development project.

(a)

A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project.

As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months.

(b)

A "development project" does not include:

(1)

Pipelines and related equipment more than three hundred feet from commercial or residential property. Related equipment includes, but is not limited to, items such as valves, fittings, pipe supports, insulation, instrumentation, corrosion protection systems, heat tracing systems, leak containment systems, and fire protection systems. Related equipment does not include storage tanks, storage vessels, process units or plants, mechanical rotating equipment (e.g., pumps, compressors, motors, turbines, internal combustion engines, etc.). However, the zoning administrator may determine, at the zoning administrator's sold discretion, that minor equipment defined above as not related is exempt from the ordinance.

(2)

Any project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased.

(3)

Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes, provided the transportable treatment unit will be located on-site for a maximum time limit of one year. The director of community development will have the authority to grant a one year time extension if the applicant can demonstrate to the satisfaction of the director that the unit is temporary. Otherwise, a land use permit will be required if the unit will remain on the site beyond the time limit specified above.

(4)

Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area air quality management district or other government agency with jurisdiction over the project provided the project application has been deemed complete within one calendar year and has completed CEQA documentation.

The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of the ordinance codified in this chapter.

(Ords. 98-48 § 5, 96-50, 96-20, 90-92, 86-100).