5. Environmental Review

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.) SCE states that RHC is in the process of obtaining all permits and approvals required by government agencies having jurisdiction for the development of a self-storage facility on the site. Article 6.2(f) of the lease agreement directs the lessee to procure and deliver to SCE evidence of compliance with all applicable codes, ordinances, regulations and requirements for permits and approvals, including CEQA requirements.

Where a project is to be approved by more than one public agency, one agency becomes the "lead agency" with 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.) To comply with CEQA, a responsible agency must consider the lead agency's EIR, negative declaration or other CEQA analysis. (CEQA Guideline § 15050(b).) The specific activities that must be conducted by a responsible agency are set forth in CEQA Guideline § 15096.

The City of Pico Rivera is the lead agency for CEQA review of the RHC project. The site is currently zoned Industrial Planned Development. On May 9, 2005, the City of Pico Rivera adopted Resolution No. 1119 approving Conditional Use Permit No. 609 to construct a 131,464-square foot self-storage facility. Resolution No. 1119 also found that the project will not have a significant effect on the environment, and therefore the Pico Rivera Planning Division prepared a Mitigated Negative Declaration with mitigation measures and monitoring program in accordance with the provisions of CEQA. A Notice of Determination was issued on May 18, 2005.

Pursuant to D.01-08-022, SCE has attached the city's final CEQA findings regarding the development project as Appendix D. Among other mitigating conditions, the city requires RHC to comply with city, county and Los Angeles Fire Department building and engineering requirements, provide for off-street and access parking, incorporate dust control measures, submit a geotechnical report dealing with seismic hazards and excavation standards, provide for water runoff, construct a concrete block wall to reduce noise, and establish an approved exterior lighting plan. As a responsible agency, the Commission has reviewed the city's CEQA findings, and we find that the lead agency has adopted feasible and reasonable mitigations to either avoid or reduce the impacts to less than significant levels. We adopt those conditions for purposes of our approval.