5. Compliance with the California
Environmental Quality Act (CEQA)
CEQA applies to discretionary projects to be carried out or approved by public agencies.5 A basic purpose of CEQA is to "inform governmental decision-makers and the public about potential, significant environmental effects of the proposed activities."6 Because the Commission must act on this application and issue a discretionary decision without which the project cannot proceed, the Commission must act either as a Lead Agency or Responsible Agency under CEQA.7
In this instance, Compton is the lead agency responsible for review of the project and the Commission is a responsible agency. On November 8, 2006, the Compton Planning Commission adopted Mitigated Negative Declaration No. 895 (MND) by adopting Resolution 3803 granting Conditional Use Permit No. 2535. Compton determined that the project, as modified by the conditions of approval, will not result in any potentially significant impacts on the environment. CEQA requires the Commission to consider the Lead Agency's environmental documents and findings before acting on or approving the project. We have reviewed Compton's environmental documents and find them adequate for our decision-making purposes.
SCE staff, along with representatives of Greenleaf were contacted on January 23 2008, by Energy Division staff in order to verify that the truck and trailer park lease proposal met the conditions, regulations, and approval of the appropriate fire officials. SCE and Greenleaf representatives identified several provisions within the MND that confirm that the project meets the standards and requirements of fire regulations:
1) The MND was adopted by Resolution No. 3803, which confirms the approval of the Conditional Use Permit 2535, which finds "(e) No significant impacts based on the mitigation measures included as conditions of the approval." The approval of the MND was confirmed by letter, dated October 18, 2007, from Compton which states that the Planning Commission adopted MND No. 895 by adopting Resolution No. 3803.
2) The MND includes an initial study checklist which verifies that environmental issues relating to hazards were examined:
· Section 3.9(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Potentially Significant Unless Mitigated.)
· Section 3.9(b) Create a significant hazard to the public or the environment or result in reasonably foreseeable upset and accident conditions involving the release of hazardous materials? (Potentially Significant Unless Mitigated)
· Section 3.9(h) Expose people or structures to a significant risk of loss, injury, or death involving wild land fire, including where wild lands are adjacent to urbanized areas or where residences are intermixed by wild lands? (No impact.)
3) The Compton staff report entitled: "Planning Department Staff Report for Conditional Use Permit No. 2535 and MND No. 895," states on page 3 in the "Analysis and Recommendation" that the project was reviewed and approved with the conditions of the Development Review Committee (which includes representatives of the Fire Department).
4) Acceptance Form 2535, which confirms that the Greenleaf is aware of the conditions set forth in Resolution No. 3803, includes Item 42 which states as follows:
· (42) That construction, use and property development shall comply with all requirements of the Public Works, Fire, Water, Building and Safety and Planning and Economic Development departments, and all applicable County, State, and Federal Regulations.
5 Public Resources Code § 21000, et seq.
6 Title 14 of the California Code of Regulations (hereafter, CEQA Guidelines), § 15002.
7 The "project" is Greenleaf's use of the property pursuant to the lease, including any construction that may occur.
