Yes, exactly! That is why we are filing the appeal. I am hopeful that the City will take action on the appeal, but it is also a necessary precursor to court action if they do maintain their position that the project is ministerial.

A negative declaration would be a path the City could take if it agreed that CEQA applied to the project. However, the City's position is that the project is exempt (because it is "ministerial"), so CEQA does not apply.