Reasons for Exemption
The acquisition activity is exempt under the "common sense exemption" at California Code of Regulations, title 14, section 15061 , subdivision (b)(3). The common sense exemption states a project is exempt from CEQA if "the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The land acquisition agreements that transfer the ownership to the State do not have the potential for causing a significant effect on the environment. Any future approval of any use of the site is conditioned upon full CEQA compliance per California Code of Regulations, title 14, section 15004, subdivision (b)(2)(A), which states prior to completion of CEQA compliance regarding the use of site, "agencies may designate a preferred site for CEQA review and may enter into land acquisition agreements when the agency has conditioned the agency's future use of the site on CEQA compliance."