Vacated opinion at: http://www.courtinfo.ca.gov/opinions/documents/A131254.PDF;

(modified on rehearing, no change in judgment) http://www.courtinfo.ca.gov/opinions/documents/A131254M.PDF

According to the Court, the case presents the following issue: Did the City of Berkeley properly conclude that a proposed project was exempt from the California Environmental Quality Act (Pub. Resources Code §§ 21000 et seq.) under the categorical exemptions set forth in California Code of Regulations, title 14, sections 15303, subdivision (a), and 15332, and that the "Significant Effects Exception" set forth in section 15300.2, subdivision (c), of the regulations did not operate to remove the project from the scope of those categorical exemptions?