In the latest ruling on this emerging topic, an appellate court shot down the San Diego County board's decision to require an EIR for a recycling plant -- even though county's own staff, zoning administrator, and planning commission all said an exemption was warranted.

Appellate judges say that density transfer creates potential environmental impacts and therefore an "excxeption to the exemption" under Berkeley Hillside is warranted.

If a CEQA exemption is connected to a project approval at the City Council level the exemption must be agendized even if the decision is delegated to the staff, appellate court rules.