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3 - CEQA GUIDELINES_CITYWIDE
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3 - CEQA GUIDELINES_CITYWIDE
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2019) ACTIVITIES EXEMPT FROM CEQA <br /> <br /> <br />2019 City of Santa Ana Local Guidelines 3-1 ©Best Best & Krieger LLP <br />3. ACTIVITIES EXEMPT FROM CEQA <br />3.01 ACTIONS SUBJECT TO CEQA. <br />CEQA applies to discretionary projects proposed to be carried out or approved by public <br />agencies such as the City. If the proposed activity does not come within the definition of “project” <br />contained in Local Guidelines Section 11.57, it is not subject to environmental review under <br />CEQA. <br />“Project” does not include: <br />(a) Proposals for legislation to be enacted by the State Legislature; <br />(b) Continuing administrative or maintenance activities, such as purchases for supplies, <br />personnel-related actions, and general policy and procedure making (except as provided in <br />Local Guidelines Section 11.57); <br />(c) The submittal of proposals to a vote of the people in response to a petition drive initiated <br />by voters, or the enactment of a qualified voter-sponsored initiative under California <br />Constitution Art. II, Section 11(a) and Election Code Section 9214; <br />(d) The creation of government funding mechanisms or other government fiscal activities that <br />do not involve any commitment to any specific project that may have a potentially <br />significant physical impact on the environment. Government funding mechanisms may <br />include, but are not limited to, assessment districts and community facilities districts; <br />(e) Organizational or administrative activities of governments that will not result in direct or <br />indirect physical changes in the environment; and <br />(f) Activities that do not result in a direct or reasonably foreseeable indirect physical change <br />in the environment. <br />3.02 MINISTERIAL ACTIONS. <br />Ministerial actions are not subject to CEQA review. A ministerial action is one that is <br />approved or denied by a decision that a public official or a public agency makes that involves only <br />the use of fixed standards or objective measurements without personal judgment or discretion. <br />When a project involves an approval that contains elements of both a ministerial and <br />discretionary nature, the project will be deemed to be discretionary and subject to the requirements <br />of CEQA. The decision whether the approval of a proposed project or activity is ministerial in <br />nature may involve or require, to some extent, interpretation of the language of the legal mandate, <br />and should be made on a case-by-case basis. The following is a non-exclusive list of examples of <br />ministerial activities: <br />(a) Issuance of business licenses; <br />(b) Approval of final subdivision maps and final parcel maps; <br />(c) Approval of individual utility service connections and disconnections; <br />(d) Issuance of licenses; <br />(e) Issuance of a permit to do street work; and <br />(f) Issuance of building permits where the Lead Agency does not retain significant <br />discretionary power to modify or shape the project.
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