California Code of Regulations
Title 14 - Natural Resources
Division 6 - Resources Agency
Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act
Article 20 - Definitions
Section 15357 - Discretionary Project

Universal Citation: 14 CA Code of Regs 15357
Current through Register 2024 Notice Reg. No. 38, September 20, 2024

"Discretionary project" means a project which requires the exercise of judgment 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. The key question is whether the public agency can use its subjective judgment to decide whether and how to carry out or approve a project. A timber harvesting plan submitted to the State Forester for approval under the requirements of the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Res. Code Sections 4511 et seq.) constitutes a discretionary project within the meaning of the California Environmental Quality Act. Section 21065(c).

1. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
2. Amendment of section and NOTE filed 12-28-2018; operative 12-28-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 52).

Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21080(a), Public Resources Code; Johnson v. State of California (1968) 69 Cal. 2d 782; People v. Department of Housing and Community Development (1975) 45 Cal. App. 3d 185; Day v. City of Glendale (1975) 51 Cal. App. 3d 817; N.R.D.C. v. Arcata National Corp. (1976) 59 Cal. App. 3d 959; Friends of Westwood, Inc. v. City of Los Angeles (1987) 191 Cal. App. 3d 259; Mountain Lion Foundation v. Fish & Game Comm. (1997) 16 Cal. 4th 105; Friends of Juana Briones House v. City of Palo Alto (2010) 190 Cal. App. 4th 286; and San Diego Navy Broadway Complex Coalition v. City of San Diego (2010) 185 Cal. App. 4th 924.

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