Campbell v. Third District Agricultural Ass'n

California Court of Appeal Sep 29, 1987 No. C000867Published

Before: Puglia

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Holding. The court held that auto racing at the defendant's fairground racetrack is categorically exempt from the California Environmental Quality Act (CEQA) under Class 23 because the facility has a long history of such use and has not undergone any substantial adverse changes.

Issues

Whether auto racing at a county fairground racetrack is categorically exempt from the California Environmental Quality Act (CEQA).
Whether the racing activity falls under the 'unusual circumstances' exception to the categorical exemption.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The issue presented is whether auto racing at a county fairground racetrack adjacent to the residential area in which plaintiff lives is categorically exempt from the California Environmental Quality Act (CEQA).”

“Class 23 clearly includes defendant’s racetrack and supports its claim for exemption from CEQA.”

“Because there has been no substantial adverse change with regard to the fairground racing facilities and activities, the instant case does not come within the exception to a categorically exempt project.”

Opinion

PUGLIA, P. J.

Plaintiff appeals from a judgment denying her petition for writ of mandate. The issue presented is whether auto racing at a county fairground racetrack adjacent to the residential area in which plaintiff lives is categorically exempt from the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq; hereafter all references to sections of an unspecified code are to the Public Resources Code.) We answer the question in the affirmative.

Defendant Third District Agricultural Association is a local agency formed for the purpose of conducting a county fair and promoting other activities at its fairgrounds located adjacent to the City of Chico in Butte County. (Cf.

Lewis

Seventeenth Dist. Agricultural Assn.

(1985) 165 Cal.App.3d 823, 833-835 [211 Cal.Rptr. 884].) In 1962, defendant built an automobile racetrack with a viewing grandstand and other appurtenant facilities. Since its construction, the racetrack has been used every year for automobile racing conducted on weekends from March through September. Annually the defendant grants a license to and enters into a contract with a

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promoter to conduct that year’s racing program. Real party in interest, Padwell, Inc., has been the licensee and contractor each year since 1978.

Prior to the approval of the 1986 license, plaintiff complained about the noise from the racetrack. Plaintiff’s attorney informed defendant by letter that an environmental impact report should be prepared to determine whether any adverse environmental impacts would result from the 1986 racing program.

Plaintiff’s complaints went unheeded. In February 1986 plaintiff sought a writ of mandate and injunctive relief to restrain defendant from carrying on any racing activity at the fairgrounds pending compliance with CEQA by filing either an environmental impact report or a negative declaration. The trial court denied relief, ruling the auto racing at the county fair was categorically exempt from CEQA.

Campbell v. Third District Agricultural Ass'n

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PUGLIA, P. J.

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