CEQA and its Role in Historic Preservation€¦ · 2014-10-01 · CEQA Guidelines Section 15064.5, respectively. 2. Cause a substantial adverse change in the significance of an archaeological

CEQA and its Role in Historic Preservation

Darcy Kremin, AICP Bay Area Environmental Practice Leader

Michael Baker International, Oakland, CA

Agenda General CEQA

Requirements and Limitations

Mitigation Measures Case Studies


California Environmental Quality Act Public disclosure law Lead agency undertakes Mitigation must be implemented

What is CEQA?


Three Phases of CEQA Process

1 •Preliminary Review

2 •Initial Study

3 •EIR or MND


Discretionary actions A plan is a project Whole of the action

What is a Project?


Statutory Categorical

Exemptions

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Class 1 Operation, repair, or maintenance of existing structures or facilities Class 2 Replacement or reconstruction of existing structures or facilities Class 3 Construction or conversion of small new facilities Class 4 Minor alterations of land, water, or vegetation Class 5 Minor alterations in land use limitations

Class 6 Data collection, research, experimental management, or resource evaluation

Classes 7 and 8

Public agency maintenance, restoration, or enhancement of environmental or natural resources

Class 9 Inspections of operations or projects

Class 10 Loans under Veterans Farm and Home Purchase Act and mortgages for existing structures

Class 11 Construction or placement of accessory structures Class 12 Surplus government property sales Class 13 Acquisition of lands for wildlife conservation purposes Class 14 Minor additions to existing schools Class 15 Minor land divisions Class 16 Transfer of land ownership to create parks Class 17 Open space contracts or easements Class 18 Designation of wilderness area Class 19 Annexations of existing facilities and lots for exempt facilities

Categorical Exemptions


Categorical Exemptions cont.

Class 20 Changes in organization of local agencies Class 21 Enforcement actions by regulatory agencies Class 22 Educational or training programs involving no physical changes Class 23 Normal operations of facilities for public gatherings Class 24 Regulations of employee wages, work hours, or working conditions

Class 25 Transfers of ownership of interest in land to preserve existing natural conditions and historical resources

Class 26 Acquisition of housing for housing assistance programs Class 27 Leasing new facilities exempt from CEQA Class 28 Small hydroelectric projects at existing facilities Class 29 Cogeneration projects at existing facilities

Class 30 Minor alterations to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of hazardous waste or hazardous substances

Class 31 Historical resource restoration or rehabilitation Class 32 Infill development projects Class 33 Small habitat restoration projects


CEQA Guidelines Appendix G “The Environmental Checklist”

Topics include:

Initial Study

•Aesthetics •Agricultural and Forest Resources •Air Quality •Biological Resources •Cultural Resources •Geology and Soils •Greenhouse Gas Emissions •Hazards and Hazardous Materials •Hydrology and Water Quality

•Land Use and Planning •Mineral Resources •Noise •Population and Housing •Public Services •Recreation •Traffic and Transportation •Utilities and Service Systems


No significant unavoidable impacts Fair argument standard

Mitigated Negative Declaration

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Must include project alternatives Must analyze cumulative impacts Mitigation Monitoring and Reporting Program

Environmental Impact Report


EIR Process

Notice of Intent to Adopt

Notice of Availability

Notice of Determination

Notice of Preparation

Notice of Completion

Public Notices to Remember

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Cultural resources is the term used to describe several different types of properties: prehistoric and historical archaeological sites; architectural properties such as buildings, bridges, and infrastructure; and resources of importance to Native Americans.

Common CEQA Terms


Historic properties is a term defined by the National Historic Preservation Act (NHPA) as any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register of Historic Places (NRHP), including artifacts, records, and material remains related to such property.

Common CEQA Terms


Historical resource is a CEQA term that includes buildings, sites, structures, objects, or districts, each of which may have historical, prehistoric, architectural, archaeological, cultural, or scientific importance and is eligible for listing or is listed in the California Register of Historical Resources (CRHR).

Common CEQA Terms


Paleontological resource is defined as including fossilized remains of vertebrate and invertebrate organisms, fossil tracks and trackways, and plant fossils. A unique paleontological site would include a known area of fossil-bearing rock strata.

Common CEQA Terms


Would the project: 1. Cause a substantial adverse change in the

significance of a historical resource as defined in Public Resources Code Section 21084.1 and CEQA Guidelines Section 15064.5, respectively.

2. Cause a substantial adverse change in the significance of an archaeological resource as defined in CEQA Guidelines Section 15064.5.

3. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature.

4. Disturb any human remains, including those interred outside of formal cemeteries.

Appendix G Questions


An art, not a science A public disclosure process Decision-makers can approve

project even if there would be a significant and unavoidable impact Alternatives may be rejected if

economically infeasible

CEQA Limitations


Mitigation Measures


Mitigation Measures

Avoid

Reduce

Minimize

Rectify

Compensate


MUST Nexus Proportionate Enforceable

Mitigation Measures


If during the course of grading or construction unknown archeological and paleontological resources are discovered, the contractor shall halt work immediately within 20 feet of the discovery, the City shall be notified, and a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology shall be retained to determine the significance of the discovery. A qualified archaeologist shall…

Inadvertent discovery


Prior to demolition, the applicant shall retain a qualified historian to prepare a written report to document the building using a method similar to that employed in nominating a resource to the National Register of Historic Places. Primary and secondary sources shall be used to research the history and significance of the building. Research shall be conducted at repositories including the...

Document


The project applicant, with City approval of design and text, shall place a historical plaque as near as possible to the building’s location commemorating the structure’s historical importance and directing people to resources about the structure. The plaque’s location shall be determined in consultation with a qualified historian.

Plaque


Case Study – Historic Dam


Case Study – Historic Building


Case Study – Historic Building


Case Study – Historic District


http://www.pmcworld.com/CEQA-Squad.aspx

Questions?

Darcy Kremin, AICP Bay Area Environmental Practice Leader

Michael Baker International [email protected]

(510) 213-7914


mailto:[email protected]

Documents

CEQA and its Role in Historic Preservation€¦ · 2014-10-01 · CEQA Guidelines Section 15064.5, respectively. 2. Cause a substantial adverse change in the significance of an archaeological