V. Environmental Reviews

Under the proposed lease, CT will procure and deliver to SCE evidence of compliance with all applicable codes, ordinances, regulations, and requirements for permits and approvals from various governmental agencies and bodies having jurisdiction.

Under the California Environmental Quality Act (Public Resources Code Section 21000, et seq, hereinafter "CEQA"), the Commission is obligated to consider the environmental consequences of a project that is subject to the Commission's discretionary approval. (Public Resources Code § 21080.) SCE's application indicates that development of the property by CT is subject to all applicable laws and receipt of discretionary approvals from the City of Huntington Beach.

Where 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 Section 15050, Public Resources Code Section 21165.) Generally, if the project is to carried out by a nongovernmental entity, the "lead agency" shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. (CEQA Guideline Section 15151) All other public agencies which have discretionary approval power over the project are "responsible agencies" (CEQA Guideline Section 15381). To comply with CEQA, a "responsible agency" must consider the lead agency's EIR or negative declaration prior to acting upon or approving the project. (CEQA Guideline Section 15050(b).) The specific activities which must be conducted by the responsible agency are contained in CEQA Guideline Section 15096.

Because the proposed project is subject to CEQA, we must determine whether the Commission is either the lead or responsible agency under CEQA.

In the instant case, the Commission's discretionary approval involves approving SCE's request for authority to enter into a lease. The City of Huntington Beach 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 construction of the self-storage facility. Accordingly, in our view the City of Huntington Beach is the appropriate lead agency for CEQA purposes and the Commission is a responsible agency.

Consistent with the above referenced provisions, to fulfill its obligations as a responsible agency the Commission must review the City's environmental documentation before we may act on this lease application. In this case, it appears that the City's environmental review did not require either an EIR or a negative declaration. SCE submitted to the administrative law judge in this proceeding a copy of a document from the City's Office of the Zoning Administrator dated March 1, 2001, which approves the project subject to certain conditions and "...finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines, because the project is an in-fill development consistent with the applicable General Plan policies and zoning regulations."

Whether CEQA Guideline 15332, involving local general plan and zoning considerations, may be properly applied to a project for purposes of authorizing an exemption from CEQA appears properly suited to the expertise and authority of a local jurisdiction, in this instance the City of Huntington Beach and the finding of the Office of the Zoning Administrator. Additionally, we are aware of no information to indicate that the City's determination of exemption was appealed. Therefore, we will rely on the lead agency's determination of exemption in this matter and find that no CEQA review is required by the Commission as a responsible agency.