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Local Guidelines for Implementing the
<br />California Environmental Ouality Act (2019) DEFINITIONS
<br />11. DEFINITIONS
<br />Whenever the following terms are used in these Local Guidelines, they shall have the
<br />following meaning unless otherwise expressly defined:
<br />11.01 "Agricultural Employee" means a person engaged in agriculture, which includes
<br />farming in all its branches, and, among other things, includes: (1) the cultivation and
<br />tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and
<br />harvesting of any agricultural or horticultural commodities, (4) the raising of
<br />livestock, bees, forbearing animals, or poultry, and (5) any practices (including any
<br />forestry or lumbering operations) performed by a farmer or on a farm as an incident
<br />to or in conjunction with such farming operations, including preparation for market
<br />and delivery to storage or to market or to carriers for transportation to market.
<br />This definition does not include any person covered by the National Labor Relations
<br />Act as agricultural employees pursuant to Section 2(3) of the Labor Management
<br />Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the
<br />Fair Labor Standards Act (Section 203(i), Title 29, United States Code). This
<br />definition does not apply to employees who perform work to be done at the site of the
<br />construction, alteration, painting, or repair of a building, structure, or other work (as
<br />these terms have been construed under Section 8(e) of the Labor Management
<br />Relations Act, 29 United States Code Section 158(e)) or logging or timber -clearing
<br />operations in initial preparation of land for farming, or who does land leveling or only
<br />land surveying for any of the above. As used in this definition, "land leveling" shall
<br />include only major land moving operations changing the contour of the land, but shall
<br />not include annual or seasonal tillage or preparation of land for cultivation. (State
<br />CEQA Guidelines Section 15191(a).)
<br />11.02 "Applicant" means a person who proposes to carry out a project that requires a lease,
<br />permit, license, certificate, or other entitlement for use, or requires financial aid from
<br />one or more public agencies when applying for governmental approval or assistance.
<br />11.03 "Approval" means a decision by the decision -making body or other authorized body
<br />or officer of the City which commits the City to a definite course of action with
<br />regard to a particular project. With regard to any project to be undertaken directly by
<br />the City, approval shall be deemed to occur on the date when the decision -making
<br />body adopts a motion or resolution determining to proceed with the project, which in
<br />no event shall be later than the date of adoption of plans and specifications. As to
<br />private projects, approval shall be deemed to have occurred upon the earliest
<br />commitment to provide service or the issuance by the City of a discretionary contract,
<br />subsidy, or other form of financial assistance, lease, permit, license, certificate, or
<br />other entitlement for use of the project. The mere acquisition of land by the City shall
<br />not, in and of itself, be deemed to constitute approval of a project.
<br />For purposes of these Local Guidelines, all environmental documents must be
<br />completed as of the time of project approval.
<br />2019 City of Santa Ana Local Guidelines
<br />OBest Best & Krieger LLP
<br />75D-163
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