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<br />7A <br />Page 4 <br /> <br />There are, however, two requirements City Council must follow when <br />placing such an initiative on the ballot. First, the initiative must be <br />approved by City Council at least 88 days before the election. For <br />example, if the Charter initiative is placed on the November 4,2008 <br />election ballot, City Council would have to approve any competing <br />initiative no later then August 8,2008. Second, any initiative proposed by <br />City Council must comply with the California Environmental Quality Act <br />("CEQA"). If a city council's initiative is a "project" under CEQA, a city <br />must undertake an analysis of how the initiative may affect the <br />environment, a process that can take many months to complete. <br />However, where the City can determine that there is no possibility that the <br />project may have a significant effect on the environment, the City is not <br />required to undertake a CEQA study. CEQA review is also not required <br />for organizational or administrative activity of a governmental agency that <br />does not result in direct or indirect physical changes to the environment. <br />Although determining whether CEQA applies would depend on the scope <br />of any proposed initiative, an initiative that simply requires future voter <br />approval of certain land use decisions but does not change any of those <br />designations is not a "project" under CEQA and therefore would not <br />require CEQA analysis. <br /> <br />SECTION II: The Scope of Covered Actions Under the Initiative <br /> <br />4. What are legislative acts versus administrative acts? <br /> <br />Response: This question is relevant because the initiative requires two-thirds voter <br />approval of legislative acts that would change the use of lands covered by <br />the initiative but arguably does not require the same voter approval for <br />administrative or adjudicatory acts that would change the uses of those <br />same lands. (A discussion of whether the initiative applies to <br />administrative acts is found in response to question 6, below). <br /> <br />Generally, legislative acts are decisions by City Council setting land use <br />standards and policies for the City while administrative acts 1 are decisions <br />by City administrative personnel, such as the Zoning Administrator, that <br />involve application of the standards established in the general plan or <br />zoning ordinance to specific parcels of land. <br /> <br />Legislative acts, which would require voter approval, include any <br />approvals of or changes to (1) general plans, (2) zoning ordinances, (3) <br />zoning maps, (4) specific or precise plans, (5) road abandonment, or (6) <br />development agreements. Administrative acts in the context of land-use <br />planning include any approvals of or changes to (1) conditional use <br /> <br />1 In the context of land use planning, administrative acts are often referred to as <br />"adjudicatory acts" because the decisions require the administrator to act like a judge or <br />court, by making findings that a decision complies with statutory requirements or to <br />resolve factual disputes. (Arnel Development Co. v. City of Costa Mesa (1980) 28 <br />Cal.3d 511, 519 n. 8.) For ease of reference, we refer to such acts simply as <br />"administrative acts." <br /> <br />4 <br />