Skip to main contentdfsdf

  • Mar 08, 10

    "What is a Certified Regulatory Program?

    California Public Resources Code §21080.5 allows public agencies with regulatory programs to prepare a plan or other written document in lieu of an environmental impact report once the Secretary of the Resources Agency has certified the regulatory program. Under its certified regulatory program, the AQMD prepares substitute Environmental Impact Reports (EIRs) or negative declarations, which are called environmental assessments (EAs). The AQMD‘s regulatory program was certified by the Secretary of the Resources Agency on March 1, 1989, and is codified as AQMD Rule 110. Regulatory programs apply to agencies who adopt or approve standards, rules, regulations or plans, or involve the issuance of a lease, permit, license, certificate, or other entitlement of use."

    www.aqmd.gov/faq.html ceqa

  • Mar 08, 10

    ceres.ca.gov/...art19.html

    • 15323. Normal Operations of Facilities for Public Gatherings

        

       

        

      Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks.

        

       

        

      Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21084, Public Resources Code.

        

       

        

      Discussion: This section clarifies what is meant by the term "a past history of the facility being used for the same kind of purpose." The section relates the concept of past history to public expectations for use of the facility in the future. Where the facility has been used for a particular purpose for several years and people expect the use to continue in the future, continuation of that use would not represent a change in the environmental conditions. For example, if a county fair had included a stock car racing meet for each of three consecutive years, people living in the area would have come to expect that the county fair would involve stock car racing in the future. Continuing racing activity would not represent a substantial change in the environment from what people had come to expect. However, in Lewis v. 17th District Agricultural Ass'n (1985) 165 Cal. App. 3d 823, the court found that the existence of residential areas near a racetrack constituted "unusual circumstances" (Guidelines section 15300.2 (c)) which removed the racing activity from the exemption. Additionally, the court found that imposing mitigation measures to offset the possible significant adverse change in the environment caused by the activity will not cause the exemption to be applicable unless the mitigation measures result in the elimination of the possibility of a significant adverse change in the environment. The decision to allow stock car racing at a county fair in the first place could well call for some kind of CEQA analysis before starting that activity. Once the activity has been established, however, continuing the activity does not represent a change, and absent a significant change in the use and absent the existence of unusual circumstances. Concerning what are considered normal operations of facilities for public gatherings see Campbell v. Third District Agricultural Association (1987) 195 Cal.App. 3d 115.

1 - 2 of 2
20 items/page
List Comments (0)