Environmental Reviews

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

Under the California Environmental Quality Act (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.) Since development of the property by Chuka Foods is subject to all applicable laws and receipt of discretionary approvals from the City of Ontario, the Commission may defer to the appropriate state and local authorities having jurisdiction over any proposed change in the use of the site. These authorities are generally in a superior position to evaluate local environmental impacts and develop appropriate mitigation strategies. The Commission has followed this course of action before in similar applications. (See D.99-02-036 and D.99-04-066).

Deference to local authorities is appropriate under the circumstances in this application. CEQA specifically applies to discretionary projects such as issuance of conditional use permits. (See Pub. Res. Code § 21080.) A proposal to change the use of the site here will require state and local authorities to conduct an environmental review under CEQA.

The Commission's staff has concluded that no further environmental review is required for the approval of this application by the Commission because environmental review will be required and conducted by local authorities in their discretionary approval of permits required prior to the start of construction. Local authorities are in a better position than this Commission to review the lessee's building plans and to assess any impact on the community.