CALIFORNIA > OAK
FOUNDATION V. REGENTS OF THE >UNIVERSITY > OF >CALIFORNIA >



























Filed 9/3/10









CERTIFIED FOR PUBLICATION



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST
APPELLATE DISTRICT



DIVISION
THREE




>

CALIFORNIA OAK FOUNDATION et al., Plaintiffs and Appellants, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents.

A122511 (Alameda County Super. Ct. Nos. RG 06301644, RG 06302967)

Appellants challenge the judgment entered after the trial
court denied their petition for writ of
mandate (petition).[1] In that petition, appellants sought to compel
the Regents of the University of California (Regents) to rescind
certification of an environmental impact report (EIR) prepared for seven
related projects at the University of California at Berkeley (University),
and its approval of the proposed Student Athlete High Performance Center (Athlete Center), the first phase of one
such project.[2] On appeal, appellants contend the Regents
violated two statutes in certifying the EIR and approving the Athlete Center: the Alquist-Priolo
Earthquake Fault Zoning Act (Alquist-Priolo Act), Public Resources Code, section 2621 et seq., and the California Environmental Quality Act
(CEQA), Public Resources Code, section
21000 et seq.[3]

For reasons soon explained, we conclude the Regents
complied with both statutes in certifying the EIR and approving the Athlete Center project. Specifically, we conclude that, while the
Athlete Center is subject to the Alquist-Priolo Act based on its proposed
location within an earthquake fault zone, the Regents could properly find the
Athlete Center will not be an â€