What is SB330 and AB2011?

For specific information about the State legislation, Senate Bill SB 330, and Assembly Bill AB 2011, please visit the State of California websites:

 SB 330 Bill Text - SB-330 Housing Crisis Act of 2019. (ca.gov)

 AB 2011 Bill Text - AB-2011 Affordable Housing and High Road Jobs Act of 2022. (ca.gov)

What is CEQA?

The California Environmental Quality Act (CEQA) is a California statute passed in 1970 and signed in to law by then-governor Ronald Reagan, shortly after the United States federal government passed the National Environmental Policy Act, to institute a statewide policy of environmental protection. It requires public agencies to identify and disclose the potential environmental impacts of their actions and adopt all feasible mitigation measures to reduce or eliminate those impacts.

What is ministerial review vs discretionary review?

Per Government Code § 65912.110, a project which meets the requirements of AB 2011 is designated as subject to ministerial review.

Per State CEQA Guidelines 15268. Ministerial Projects (a) Ministerial projects are exempt from the requirements of CEQA. The determination of what is “ministerial” can most appropriately be made by the particular public agency involved based upon its analysis of its implementing regulation or on a case-by-case basis. (b) In the absence of any discretionary provision contained in the local ordinance or other law establishing the requirements for the permit, license, or other entitlement for use, the following action shall be presumed to be ministerial: (1) Issuance of building permits. (2) Issuance of business licenses. (3) Approval of final subdivision maps. (4) Approval of individual utility service connections and disconnections. (c) Each public agency should, in its implementing regulations or ordinances, provide an identification or itemization of its projects and actions which are deemed ministerial under the applicable laws and ordinances. (d) 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 subject to the requirements of CEQA. 

Per State CEQA Guidelines 15369. Ministerial “Ministerial” describes a governmental decision involving little or no personal judgement by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgement in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registration, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid their fee. 

Per State CEQA Guidelines 15002. (i) Discretionary Action. CEQA applies in situations where a governmental agency can use its judgment in deciding whether and how to carry out or approve a project. A project subject to such judgmental controls is called a “discretionary project.” 

Per State CEQA Guidelines 15357. Discretionary Project. “Discretionary Project” means a project that requires the exercise of judgement or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, regulations, or other fixed standards.

Who is Affirmed Housing?

Affirmed Housing is in the field of affordable housing. Based in San Diego, Affirmed is in the construction of new multi-family apartment communities and the rehabilitation of existing family and senior apartment projects in urban and suburban settings.