4. Environmental Review

The California Environmental Quality Act (CEQA, Public Resources Code §§ 21000, et seq.) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to "inform governmental decision-makers and the public about the potential significant environmental effects of the proposed activities." (Title 14 of the California Code of Regulations, hereafter CEQA Guidelines § 15002.)

Because the Commission must issue a discretionary decision (i.e., grant

§ 851 authority) without which the proposed activity will not proceed, the Commission must act as either a Lead Agency or Responsible Agency under CEQA. The Lead Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole (CEQA Guidelines § 15051(b)).

Here, the County is the Lead Agency for the project under CEQA. The Commission is a Responsible Agency for the proposed project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project that is subject to its discretionary approval. In particular, the Commission must consider the Lead Agency's environmental documents and findings before acting upon or approving the project. The specific activities a Responsible Agency must conduct are contained in CEQA Guidelines § 15096.

In this application, PG&E requests that the Commission find that the installation, construction, and maintenance of domestic water wells as part of construction of single family homes is categorically exempt from the CEQA pursuant to CEQA Guidelines §§ 15303(b) and (d). Section 15303(b) provides an exemption from CEQA review for a duplex or similar multi-family residential structure totaling no more than four dwelling units. Section 15303(d) provides an exemption from CEQA review for water main, sewage, electrical, gas, and other utility extensions, including street improvements of reasonable length to serve such construction. We find that it is unnecessary to grant this request for exemption from CEQA.

The County as Lead Agency conducted a full environmental review for the development on the lots in the Manton Heights Subdivision, Tract No. 1523, which are at issue relative to the easements requested in this application. We prefer to rely on full CEQA review where the Lead Agency has determined it to be warranted. Specifically, in 1982 the County certified a Final Environmental Impact Report (EIR) approving residential development for the Manton Heights Subdivision, Tract No, 1523. By Resolution No. 5593 dated December 9, 1982, the County Planning Commission approved the EIR and on the same date approved the tract map by Resolution No. 5594. The County Planning Commission later modified and extended the tract map by Resolution No. 5794 (dated May 26, 1983) and Resolution No. 6382 (dated January 10, 1985), respectively. The lots in question here are Lots 15, 17 and 43, all part of Tract No. 1523.

According to correspondence entered into the record from the County Planning Division, the EIR and Resolutions constitute the final discretionary environmental review for the Manton Heights Subdivision. Following certification of the EIR and recording of the tract map, the County issues ministerial building permits for residential construction on lots which is consistent with the subdivision development approved by the EIR. The County verified that the installation, construction, and operation of residential water wells for the Tract No. 1523 lots specified in this application is consistent with the subdivision development approved in the Final EIR. This construction would now be approved by the County as part of the building permit authorizing the residential development on the Manton Heights lots.

Although the County now issues only ministerial permits for the construction in question, we believe that pursuant to the EIR and recording of the tract map, the County conducted adequate CEQA review applicable to the project activity that would likely result from our approval of this application. Accordingly, we adopt the County's findings and find that CEQA has adequately been conducted for purposes of our approval. The installation, construction, and operation of water wells for the Tract No. 1523 lots is consistent with the subdivision development approved in the EIR.

The Commission has considered a request similar to this one in Application 05-02-007.