Document Citation: 25 CCR 6961

Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT
DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER 6.5. PROGRAM OPERATIONS
SUBCHAPTER 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT
ARTICLE 3. EXEMPT ACTIVITIES

Date:
08/31/2009

Document:
25 CCR 6961 (2011)

§ 6961. Statutory Exemptions

The following projects are statutorily exempt from CEQA:

(a) Emergency Projects. A Notice of Exemption shall be filed for the following exempt activities:

(1) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor.

(2) Emergency repairs to public service facilities necessary to maintain service.

(3) Specific actions necessary to prevent or mitigate an emergency.

(b) Feasibility and Planning Studies. Feasibility or planning studies for possible future actions which have not been approved, adopted, or funded. However, such studies must report on the possible environmental effects of the proposed action should it be taken, including consideration of less environmentally damaging alternatives.

(c) Ministerial Projects.

(1) Ministerial projects are, in general, those entitled to approval upon a simple determination of conformance with applicable statutes, ordinances, or regulations. With these projects the agency must act upon the given facts without regard to any judgment or opinion concerning the propriety or wisdom of the act.

(2) In the absence of any discretionary provision contained in the relevant local ordinance, it shall be presumed that the following actions are ministerial:

(A) Issuance of building permits.

(B) Issuance of business licenses.

(C) Approval of final subdivision maps.

(D) Approval of individual utility service connections and disconnections.

(3) Where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed to be discretionary and will be subject to the requirements of CEQA.