Lewis

In this case 1 we review the question of whether auto racing at a county fairground racetrack immediately adjacent to a residential area is categorically exempt from the California Environ *826 mental Quality Act (CEQA) and whether a county fairgrounds is a state or local agency for the purposes of reporting under CEQA. We conclude the fairgrounds is a local agency under CEQA, and that its auto racing activity next to a residential area is not categorically exempt.

Seventeenth District Agricultural Association (district association) and Central State Racing Association (racing association) appeal from a judgment issuing a writ of mandamus commanding the cancellation of a contract between them for auto racing at the Nevada County Fairgrounds. The writ was issued in response to an amended complaint contending the board of directors of the district association (district board) improperly found the fairgrounds racing categorically exempt from the requirements of the California Environmental Quality Act (CEQA), set forth in Public Resources Code section 21000 et seq.

Appellants contend it was error to issue the writ because the amended complaint was barred by the statute of…

I concur in the judgment of the court affirming the issuance of an extraordinary writ. I differ expressly with the majority opinion because it offers no reasons for its conclusion that the project comes within an exception to the categorical exemption.

The majority opinion holds that the auto racing project requires an EIR because it comes within CEQA and within an exception, for unusual cir *836 cumstances, to the categorical exemption (from the EIR process) for projects which are part of the normal operations of existing public facilities designed and historically used for such operations. With this much I agree. But the majority bottom their determination that the auto racing project is within the exception wholly upon an assumption. They say that “there is no question of the existence of unusual circumstances—the adjacency of residential areas to the racetrack.” But there is a question. What does the exception mean? How does it apply in this case? As to these questions, there is no answer. I will supply one.

Public Resources Code section 21084 authorizes the adoption of regulations which list classes of projects which have been determined not to have a significant effect on…

Robert Eli for Real Party in Interest and Appellant.

Richard F. Ellers for Plaintiff and Respondent.

[Opinion certified for partial publication. [*] ]

OPINION

REGAN, Acting P.J.

(1a), (2a) In this case [1] we review the question of whether auto racing at a county fairground racetrack immediately adjacent to a residential area is categorically exempt from the California Environmental Quality Act (CEQA) and whether a county fairgrounds is a state or local agency for the purposes of reporting under CEQA. We conclude the fairgrounds is a local agency under CEQA, and that its auto racing activity next to a residential area is not categorically exempt.

Seventeenth District Agricultural Association (district association) and Central State Racing Association (racing association) appeal from a judgment issuing a writ of mandamus commanding the cancellation of a contract between them for auto racing at the Nevada County Fairgrounds. The writ was issued in response to an amended complaint contending the board of directors of the district association (district board) improperly found the fairgrounds racing categorically exempt from the requirements of the California Environmental…