6. Environmental Review

SCE states that Montalvo has obtained zoning and development approvals required by the City of Ventura for development of its 32-acre retail and office project, including the four-acre site that is the subject of this application. On May 2, 2000, the City of Ventura Planning Commission adopted the final mitigated negative declaration for the project in Case No. EIR-2248 and approved the project. (Case No. PD-744-ARB-2712.) Furthermore, in accordance with Article 6.2(h) of lessee's agreement with SCE, lessee must procure and deliver to SCE evidence of compliance with all applicable codes, ordinances, regulations and requirements for permits and approvals, including but not limited to grading permits, building permits, zoning and planning requirements, and approvals from the various governmental agencies and bodies having jurisdiction.

Under the California Environmental Quality Act (CEQA), the Commission must consider the environmental consequences of a project that is subject to the Commission's discretionary approval. (Pub. Resources Code § 21080.) Where (as here) a project is to be approved by more than one public agency, one agency becomes the "lead agency" having responsibility to prepare an Environmental Impact Report (EIR) or negative declaration for the project. (CEQA Guideline § 15050, Pub. Resources Code § 21165.) Generally, if the project is to be carried out by a nongovernmental entity, the lead agency is the public agency with the greatest responsibility for supervising or approving the project as a whole. (CEQA Guideline § 15151.) All other public agencies with discretionary approval power over the project are "responsible agencies." (CEQA Guideline § 15381.) The specific activities that must be conducted by the responsible agency are set forth in CEQA Guideline § 15096.

In this case, the Commission's discretionary approval involves approving SCE's request for authority to enter into a lease. The City of Ventura appears to have greater responsibility for supervising or approving the project as a whole, because it is the agency with responsibility to approve and oversee the 32-acre retail and office development project.

As noted, the City of Ventura Planning Commission has adopted a mitigated negative declaration for the project. We are aware of no information to indicate that the determination of the City of Ventura and its Planning Commission has been appealed. Accordingly, we will rely on the lead agency's determination that its mitigated negative declaration will govern this project under CEQA.

We take official notice that the Commission recently changed its procedures in dealing with applications of this nature. (See Decision (D.) 01-08-022, dated August 2, 2001.) We now require that the applicant submit copies of the necessary environmental documents issued by the local entity acting as the lead agency to establish that the environmental review has been conducted and any mitigation measures required under CEQA have been imposed. Since SCE in this case has submitted to us the mitigated negative declaration of the City of Ventura Planning Commission, our new procedural requirement has been met.