Simi Valley Recreation & Park Dist. v. Local Agency Formation Com

In Simi Valley Recreation & Park Dist. v. Local Agency Formation Com. (1975) 51 Cal.App.3d 648, a local agency formation commission and the county board of supervisors determined to detach some 10,000 acres of undeveloped land from the territory of a recreation and park district. The district and two residents and property owners petitioned for a writ of mandate to nullify that determination. A judgment was entered dismissing the action after demurrers were sustained without leave to amend. In affirming, this court stated: "The evaluation process contemplated by CEQA relates to the effect of proposed changes in the physical world which a public agency is about to either make, authorize or fund, not to every change of organization or personnel which may affect future determinations relating to the environment. The determinations of respondent LAFCO and of respondent Board were in the latter category and were not 'projects' which they proposed to carry out. There was, therefore, no need for a negative declaration or an EIR since neither requirement is applicable if there is no project subject to CEQA." (51 Cal.App.3d at p. 666.) The Court was called upon, inter alia, to determine whether the requirements of CEQA were applicable to Local Agency Formation Commission of Ventura County (LAFCO) in proceedings whereby undeveloped land within the district was detached therefrom. In holding they were not, the Court had occasion to consider whether such proceedings were "projects proposed to be carried out or approved by public agencies" as defined in Public Resources Code section 21080. LAFCO contended that its action carrying out the detachment was purely ministerial and not a discretionary project subject to CEQA. The Court agreed that the detachment proceedings were exempt because, inter alia, the board's action was ministerial in character.