CEQA Considerations

Public Resources Code Section 21080 requires that we consider the environmental consequences of projects that are subject to our discretionary approval. The nature of the transaction, combined with assertions of the Joint Applicants at 11, assure us that "the transaction does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment." We conclude that under these circumstances, the proposed project qualifies for an exemption from CEQA pursuant to § 15061(b)(3) of the CEQA guidelines, inasmuch as it can be seen with certainty that the project will have no significant impact upon the environment. Accordingly, the Commission need perform no further environmental review for this application.