Responses to Comments
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
August 2023
9/12/23 (T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_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. A comment letter from Lozeau Drury LPP dated July 18, 2023 was received by the City of Chino Planning Division and, along with responses, was forwarded with the IS/MND to the Chino Planning Commission for consideration on July 19, 2023.
On July 19, 2023, City of Chino Planning Division recommended the Chino Planning Commission:
(1) adopt Planning Commission Resolution No. PC2023-021, recommending that the City Council adopt a Mitigated Negative Declaration (MND) for the Philadelphia Street Industrial Development Project and East End Annexation;
(2) Adopt Planning Commission Resolution PC2023-022, recommending the City Council approve PL20-0003 (Prezone/Annexation) in conjunction with the proposed annexation of the East End Avenue Annexation site, based on the findings listed in Planning Commission Resolution No. PC2023-022; and
(3) Adopt Planning Commission Resolution No. PC2023-023, conditionally approving PL20- 0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174), based upon the findings and subject to the departmental conditions of approval.
On July 19, 2023, the Planning Commission voted 4-3 in favor of the three actions listed above.
On July 27, 2023, the Supporters Alliance for Environmental Responsibility (SAFER), represented by Lozeau Drury LLP, submitted an Appeal Application to City Staff appealing the Planning Commission’s July 19, 2023 decision to approve PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174) for the project.
In order to provide the City Council with additional information upon which to base their decision whether to approve or deny the proposed project, City Staff has responded to the comments received by SAFER. The comment letter is labeled “Comment Letter A” 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 T:\DS\CD Council & Agency Agenda Items\2023 Meetings\10-03-2023\East End Annexation\Attachments to Staff Report\Appeal Application_Philadelphia Industrial Development & East End Annexation_Public Comment Matrix.docx (09/12/23)
Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
A
A-1
Specific Action or decision which is being appealed: The Supporters Alliance for Environmental Responsibility
(SAFER), represented by Lozeau Drury LLP, appeals the
Planning Commission’s July 19, 2023 decision to approve PL20-0004 (Site Approval) and PL20-0005 (Tentative
Parcel Map No. 20174) for the project.
Specific grounds for the appeal, and the relief requested is as follows: SAFER objects to the county’s [sic] reliance on the MND for the Project. The MND fails to adequately analyze and fully mitigate the Project’s environmental
impacts under CEQA. In addition, adoption of Planning
Commission Resolution No. PC2023-023 prior to the City
Council’s review and adoption of the MND violates 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. See attached letter.
City staff received the appeal application dated
July 27, 2023 from Lozeau Drury LLP on behalf of
Supporters Alliance for Environmental
Responsibility (“SAFER”). The attached letter
referred to in the appeal application is the same
letter received by the Chino Planning Division on
July 18, 2023.
SAFER’s objections in the appeal application are
addressed in the City’s responses to SAFER’s
comment letter dated July 18, 2023 received by
the Chino Planning Division in responses A-2
through A-8 below.
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 Initial Study/Mitigated Negative Declaration
(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-2
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 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
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Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
Declaration (“MND”) (“Project”). 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-3
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
recirculation of the IS/MND. No change in the text
of the IS/MND is required.
A-4
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
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.
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Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
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).
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
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
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Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.
A-5
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).
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
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Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
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
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
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.
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
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Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
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.
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
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.
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Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
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-7
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
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
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Philadelphia Street Industrial Development Site and East End Annexation Project August 2023 Response to the Appeal Application from the Supporters Alliance for Environmental Responsibility Comment
Letter
Comment
Number Comment Response
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-8
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.