CEQA and its Role in Historic Preservation Darcy Kremin, AICP Bay Area Environmental Practice Leader Michael Baker International, Oakland, CA
General CEQA Requirements and Limitations Mitigation Measures Case Studies Agenda
California Environmental Quality Act Public disclosure law Lead agency undertakes Mitigation must be implemented CEQA and its Role in Historic Preservation 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 CEQA and its Role in Historic Preservation What is a Project?
Exemptions Statutory Categorical
Categorical Exemptions 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 Data collection, research, experimental management, or resource Class 6 evaluation Classes Public agency maintenance, restoration, or enhancement of 7 and 8 environmental or natural resources Class 9 Inspections of operations or projects Loans under Veterans Farm and Home Purchase Act and mortgages for Class 10 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 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: CEQA and its Role in Historic Preservation 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 CEQA and its Role in Historic Preservation Mitigated Negative Declaration
Environmental Impact Report Must include project alternatives Must analyze cumulative impacts Mitigation Monitoring and Reporting Program
EIR Process
Public Notices to Remember Notice of Intent to Adopt Notice of Availability Notice of Determination Notice of Preparation Notice of Completion
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. CEQA and its Role in Historic Preservation Common CEQA Terms
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.
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). CEQA and its Role in Historic Preservation 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. CEQA and its Role in Historic Preservation Common CEQA Terms
Appendix G Questions 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.
CEQA Limitations 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
Mitigation Measures
Mitigation Measures Avoid Reduce Minimize Rectify Compensate
MUST Nexus Proportionate Enforceable CEQA and its Role in Historic Preservation Mitigation Measures
Inadvertent discovery 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
Document 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...
Plaque 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.
Case Study Historic Dam
Case Study Historic Building
Case Study Historic Building
Case Study Historic District
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Questions? Darcy Kremin, AICP Bay Area Environmental Practice Leader Michael Baker International dkremin@mbakerintl.com (510) 213-7914