V
ia Email
J
uly 18, 2023
Kevin Cisneroz, Chairperson
Jimmy Alexandris, Vice Chairperson
Brandon Blanchard, Commissioner
Joanna Chavez, Commissioner
Lissa Fraga, Commissioner
Steve Lewis, Commissioner
Lawrence Vieira, Commissioner
Chino Planning Commission
13220 Central Avenue
Chino, CA 91710
[email protected]
Kim Le, Associate Planner
City of Chino
Development Services Department
13220 Central Avenue
Chino, California 91710
(909) 334-3253
[email protected]
R
e: Comment on Mitigated Negative Declaration
Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004, PL20-0005)
July 19, 2023 Planning Commission Agenda Item 4
D
ear Chairperson Cisneroz, Honorable Commissioners, and Planner Le:
T
his comment is submitted on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”) regarding the Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004, PL20-0005) and the related Initial Study and Mitigated Negative Declaration (“MND”) (“Project”).
B
ased on our initial review, the MND fails to adequately analyze and fully mitigate the Project’s environmental impacts under the California Environmental Quality Act (“CEQA”). SAFER requests that an environmental impact report (“EIR”) be prepared for the Project rather than an MND to ensure that potentially significant impacts of this Project are fully disclosed, analyzed, and mitigated. SAFER requests that the Planning Commission refrain from any consideration of the Project until an EIR is prepared as required by CEQA.
In
addition, adoption of Planning Commission Resolution No. PC2023-023 prior to the City Council’s review and adoption of the MND would violate CEQA. An agency may not approve a project until after it considers a proposed mitigated negative declaration together with any comments received during the public review process. (14 C.C.R. § 15074(b); Pub. Res. Code § 21091(f); Citizens for Responsible Government v. City of Albany Comment Letter A
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Comment on Mitigated Negative Declaration
Philadelphia Street Industrial Development and East End Annexation Project July 18, 2023
(1997) 56 Cal.App.4th 1199.) Even though additional approvals may be required, CEQA review is required prior to the first agency approval of a project, when the agency commits itself to a definite course of action. (Save Tara v. City of West Hollywood (2008) 45 Cal. 4th 116, 137-138)
Resolution PC2023-023 would approve PL20-0004 (Site Approval) and a PL20-0005 (Tentative Parcel Map No. 20174). Site approval and approval of the tentative map are actions that significantly further the Project in a manner that forecloses mitigation measures that would ordinarily be part of CEQA review for the Project. (See, 14 CCR 15004(b)(2)(B); Save Tara v. City of W. Hollywood, 45 Cal. 4th 116, 138, 194 P.3d 344, 360 (2008), as modified (Dec. 10, 2008).)
In co
ntrast to its approval of the Site Plan and Tentative Map, the Planning Commission will act merely as an advisory agency when reviewing the MND. The Commission will only make a recommendation to the Chino City Council on whether it should adopt an MND for the Project. (See Planning Commission Resolution No. PC2023- 021.) Members of the public will then have the opportunity to comment on the adequacy of the MND at the City Council meeting, and the CEQA requires the City Council consider any public comments made.
Since the MND will not be adopted, if at all, until a forthcoming City Council meeting, the Planning Commission cannot approve any portion of the Project at its July 19, 2023 meeting, prior to the City Council’s adoption of the MND.
SAFER reserves the right to supplement this comment throughout the administrative process. Galante Vineyards v. Monterey Peninsula Water Management Dist., 60 Cal. App. 4th 1109, 1121 (1997).
S
incerely,
Reb
ecca Davis
Lozeau Drury LLP
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Appendix K
Responses to Comments
Initial Study/Mitigated Negative Declaration
Philadelphia Street Industrial Development Site
and East End Annexation Project
Chino, San Bernardino County, California
Prezone and Annexation (PL 20-0003)
Site Approval and Design Review (PL 20-0004)
Tentative Parcel Map No. 20174 (PL 20-0005)
Lead Agency:
City of Chino
13220 Central Avenue
Chino, California 91710
July 2023
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 2 The primary objective and purpose of the Initial Study/Mitigated Negative Declaration (IS/MND) public review process is to obtain comments on the adequacy of the analysis of environmental impacts, the mitigation measures presented, and other analyses contained in the Initial Study prepared by the City of Chino (City). The California Environmental Quality Act (CEQA) requires that the City decision makers consider the comments received during the public review of the IS/MND prior to carrying out or approving the project (CEQA Guidelines Section 15074[b]). Comments that do not directly relate to the analysis in the Initial Study (i.e., are outside the scope of this document) or that do not include facts, reasonable assumptions predicated upon facts, and/or expert opinion supported by facts are not given specific responses; however, all comments are included in this section so that the decision makers may know the opinions of the commenter(s).
The Philadelphia Street Industrial Development Site and East End Annexation Project IS/MND was circulated for public and agency review for a 20-day period from June 28 to July 18, 2023. The comments received regarding the project and the responses to comments are included in this document. The comment letters are listed below.
• Lozeau Drury LLP (Comment Letter A dated July 18, 2023) In order to provide the City of Chino Planning Commission and City Council with additional information upon which to base their decision whether to approve or deny the proposed project, the City has responded to the comments received by these entities. Each comment letter is labeled alphabetically with each individual comment identified by a number. The responses are provided following each letter. All written comments along with the City’s responses are attached and have been made a part of the public record.
Neither the comments nor the following responses to comments constitute “significant new information” (State CEQA Guidelines Section 15073.5) that would require recirculation of the IS/MND or the preparation of an Environmental Impact Report.
3 C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx (07/19/23)
Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
A
A-1
This comment is submitted on behalf of Supporters
Alliance for Environmental Responsibility (“SAFER”)
regarding the Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004,
PL20-0005) and the related Initial Study and Mitigated
Negative Declaration (“MND”) (“Project”).
The City of Chino acknowledges receipt of a
comment letter dated July 18, 2023 submitted on
behalf of Supporters Alliance for Environmental
Responsibility (“SAFER”) regarding the Philadelphia
Street Industrial Development and East End
Annexation Project (PL20-0003, PL20-0004, PL20-
0005) and the related Initial Study and Mitigated
Negative Declaration (“MND”) (“Project”). Neither
this comment nor the response constitutes new
information requiring recirculation of the Initial
Study/Mitigated Negative Declaration (IS/MND).
No change in the text of the IS/MND is required.
A-2
Based on our initial review, the MND fails to adequately analyze and fully mitigate the Project’s environmental
impacts under the California Environmental Quality Act
(“CEQA”). SAFER requests that an environmental impact
report (“EIR”) be prepared for the Project rather than an MND to ensure that potentially significant impacts of this Project are fully disclosed, analyzed, and mitigated. SAFER requests that the Planning Commission refrain from any
consideration of the Project until an EIR is prepared as required by CEQA.
The commenter’s opinion that the MND fails to
adequately analyze and fully mitigate the Project’s
environmental impacts under the California
Environmental Quality Act (“CEQA”) and that an
Environmental Impact Report (EIR) should be
prepared for the project to ensure that potentially
significant impacts of the project are fully
disclosed, analyzed, and mitigated is noted.
However, this comment does not identify any
specific environmental effect or provide any
substantial evidence pursuant to State CEQA
Guidelines Section 15384 that new significant
environmental issues or impacts that were not
already addressed in the IS/MND would occur.
Neither this comment nor the response
constitutes new information requiring
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 4 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
recirculation of the IS/MND. No change in the text
of the IS/MND is required.
A-3
In addition, adoption of Planning Commission Resolution No. PC2023-023 prior to the City Council’s review and
adoption of the MND would violate CEQA. An agency may
not approve a project until after it considers a proposed mitigated negative declaration together with any
comments received during the public review process. (14 C.C.R. § 15074(b); Pub. Res. Code § 21091(f); Citizens for Responsible Government v. City of Albany (1997) 56
Cal.App.4th 1199.) Even though additional approvals may be required, CEQA review is required prior to the first agency approval of a project, when the agency commits
itself to a definite course of action. (Save Tara v. City of West Hollywood (2008) 45 Cal. 4th 116, 137-138).
The commenter’s opinion that adoption of
Planning Commission Resolution No. PC2023-023
prior to the City Council’s review and adoption of
the MND would violate CEQA is noted. Land use
entitlements in the City are typically approved by
the planning commission. However, the final
approving body for the Prezone and Annexation
(PL 20-0003) will be the Chino City Council.
Accordingly, the Chino Planning Commission acts
as a recommending body that would review the
proposed project, including the IS/MND,
supporting technical environmental studies, and
public comments received during the public review
period, and recommend either that the Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents be heard by the City Council for
approval, be denied and not herd by the City
Council, or the planning commission may request a
continuance for additional information to be
considered prior to making a recommendation.
Adoption of Planning Commission Resolution No.
PC2023-023 would be contingent on City Council
approval of Prezone and Annexation (PL 20-0003)
and supporting CEQA documents.
The Philadelphia Street Industrial Development
Site and East End Annexation Project IS/MND that
was circulated for public and agency review for a
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 5 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
20-day period from June 28 to July 18, 2023
constitutes the requisite CEQA review prior to the
first agency recommendation or approval of the
project.
This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.
A-4
Resolution PC2023-023 would approve PL20-0004 (Site
Approval) and a PL20-0005 (Tentative Parcel Map No.
20174). Site approval and approval of the tentative map are actions that significantly further the Project in a manner that forecloses mitigation measures that would
ordinarily be part of CEQA review for the Project. (See, 14 CCR 15004(b)(2)(B); Save Tara v. City of W. Hollywood, 45 Cal. 4th 116, 138, 194 P.3d 344, 360 (2008), as modified (Dec. 10, 2008).)
The commenter’s opinion that site approval and
approval of the tentative map are actions that
significantly further the Project in a manner that
forecloses mitigation measures that would
ordinarily be part of CEQA review for the Project is
noted. However, the Philadelphia Street Industrial
Development Site and East End Annexation Project
IS/MND that was circulated for public and agency
review for a 20-day period from June 28 to July 18,
2023 included as Appendix J a Mitigation
Monitoring and Reporting Program (MMRP)
prepared for use in implementing mitigation for
the proposed Prezone and Annexation (PL 20-
0003), Site Approval (PL 20-0004), and Tentative
Parcel Map No. 20174 (PL 20-0005).
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 6 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
Land use entitlements in the City are typically
approved by the planning commission. However, t
the final approving body for the Prezone and
Annexation (PL 20-0003) will be the Chino City
Council. Accordingly, the Chino Planning
Commission acts as a recommending body that
would review the proposed project, including the
IS/MND, supporting technical environmental
studies, and public comments received during the
public review period, and recommend either that
the Prezone and Annexation (PL 20-0003) and
supporting CEQA documents be heard by the City
Council for approval, be denied and not herd by
the City Council, or the planning commission may
request a continuance for additional information
to be considered prior to making a
recommendation. Adoption of Planning
Commission Resolution No. PC2023-023 would be
contingent on City Council approval of Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents.
The Philadelphia Street Industrial Development
Site and East End Annexation Project IS/MND that
was circulated for public and agency review for a
20-day period from June 28 to July 18, 2023, which
includes the MMRP, constitutes the requisite
CEQA review prior to the first agency
recommendation or approval of the project.
This comment does not identify any specific
environmental effect or provide any substantial
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 7 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.
A-5
In contrast to its approval of the Site Plan and Tentative Map, the Planning Commission will act merely as an
advisory agency when reviewing the MND. The
Commission will only make a recommendation to the
Chino City Council on whether it should adopt an MND for the Project. (See Planning Commission Resolution No.
PC2023-021.) Members of the public will then have the
opportunity to comment on the adequacy of the MND at
the City Council meeting, and the CEQA requires the City Council consider any public comments made.
The commenter’s opinion that the Planning
Commission will act merely as an advisory agency
when reviewing the MND and will only make a
recommendation to the Chino City Council on
whether it should adopt an MND for the Project is
noted.
Land use entitlements in the City are typically
approved by the planning commission. However,
the final approving body for the Prezone and
Annexation (PL 20-0003) will be the Chino City
Council. Accordingly, the Chino Planning
Commission acts as a recommending body that
would review the proposed project, including the
IS/MND, supporting technical environmental
studies, and public comments received during the
public review period, and recommend either that
the Prezone and Annexation (PL 20-0003) and
supporting CEQA documents be heard by the City
Council for approval, be denied and not herd by
the City Council, or the planning commission may
request a continuance for additional information
to be considered prior to making a
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 8 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
recommendation. Adoption of Planning
Commission Resolution No. PC2023-023 would be
contingent on City Council approval of Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents.
The Philadelphia Street Industrial Development
Site and East End Annexation Project IS/MND that
was circulated for public and agency review for a
20-day period from June 28 to July 18, 2023, which
includes the MMRP, constitutes the requisite
CEQA review prior to the first agency
recommendation or approval of the project.
This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.
A-6
Since the MND will not be adopted, if at all, until a
forthcoming City Council meeting, the Planning
Commission cannot approve any portion of the Project at its July 19, 2023 meeting, prior to the City Council’s
adoption of the MND.
The commenter’s assertion that the Planning
Commission cannot approve any portion of the
Project at its July 19, 2023 meeting, prior to the
City Council’s adoption of the MND is noted.
Adoption of Planning Commission Resolution No.
PC2023-023 would be contingent on City Council
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 9 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
approval of Prezone and Annexation (PL 20-0003)
and supporting CEQA documents.
The Philadelphia Street Industrial Development
Site and East End Annexation Project IS/MND that
was circulated for public and agency review for a
20-day period from June 28 to July 18, 2023, which
includes the MMRP, constitutes the requisite
CEQA review prior to the first agency
recommendation or approval of the project.
This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 10 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
A-7
SAFER reserves the right to supplement this comment
throughout the administrative process. Galante Vineyards v. Monterey Peninsula Water Management Dist. 60 Cal.
App. 4th 1109, 1121 (1997).
The City of Chino acknowledges that the
commenter reserves the right to further
supplement this comment throughout the
administrative process.
This comment does not question the content or
conclusions of the IS/MND or identify any new
significant environmental issues or impacts that
were not already addressed in the IS/MND.
Neither this comment nor the response
constitutes new information requiring
recirculation of the IS/MND. No change in the text
of the IS/MND is required.