Riverside, California A Local Government CEQA Perspective

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Historic Resources and CEQA Workshop 6/21/2012 Riverside, California A Local Government CEQA Perspective Erin Gettis, Associate AIA City Historic Preservation Officer and Principal Planner CEQA and

1 Historic Resources and CEQA Workshop 6/21/2012 Riverside, California A Local Government CEQA Perspective Erin Gettis, Associate AIA City Historic Preservation Officer and Principal Planner CEQA and Cultural Resources Topics Covered Today CEQA Objectives & Purpose CEQA Process & Application Riverside as Example CEQA Local Agency Tools Thresholds Exemptions Mitigation Measures CEQA Challenges with Cultural Resources Modernism 50 Year Rule Integrity CEQA Tips 1

activities Identify ways to avoid or reduce environmental damage Prevent environmental damage by requiring implementation of feasible alternatives or

2 Why was CEQA created? CEQA has several objectives Inform government decision makers and the public about the potential significant environmental impacts of proposed activities Identify ways to avoid or reduce environmental damage Prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures Basic Purposes of CEQA Intent of CEQA is to afford the fullest possible protection to the environment Compel government at all levels to make decisions with the environmental consequences in mind Does not require that projects with significant impacts be denied 2

Outcome of EIR Process EIR requirement is the heart of CEQA EIR serves not only to protect the environment but also to demonstrate to the public that

appropriate action come Election Day When does CEQA apply?

3 Outcome of EIR Process EIR requirement is the heart of CEQA EIR serves not only to protect the environment but also to demonstrate to the public that it is being protected EIR process enables the public to determine the environmental and economic values of their elected officials thus allowing for appropriate action come Election Day When does CEQA apply? An activity is subject to CEQA when The Agency has discretionary approval, The activity has the potential to result in direct or indirect physical changes in the environment, and The activity falls within the CEQA definition of a project 3

15378(a) Public Participation Public participation is an essential part of the CEQA process Each public agency should include provisions in

4 Determining Whether an Action is a Project Under CEQA If it involves the exercise of an agency s discretionary powers Potential to result in direct, or indirect, or foreseeable indirect physical changes in the environment Falls within the definition of a project See Guideline 15378(a) Public Participation Public participation is an essential part of the CEQA process Each public agency should include provisions in its CEQA procedures for wide public involvement Such procedures include, whenever possible, making information available electronically (CCR 15201) 4

5 Discretionary project examples Tentative maps General plans Conditional use permits Ministerial project examples Discretionary vs. Ministerial Projects Drivers licenses Demolition permits Building permits 5

Internal Government Process All Departments do their own CEQA review Planning can do review or prep of Initial Study for an internal cost code fee.

6 Internal Government Process All Departments do their own CEQA review Planning can do review or prep of Initial Study for an internal cost code fee. Planning organizes CEQA trainings Planning serves as CEQA clearinghouse, houses required online files. Planning administers the majority of the EIR s 6

Internal Government Resources City Planning provides on the Intranet Website Initial Study Preparation Guide Links to the City s CEQA Resolutions and the State s Statues Links to large scale EIR s

7 Internal Government Resources City Planning provides on the Intranet Website Initial Study Preparation Guide Links to the City s CEQA Resolutions and the State s Statues Links to large scale EIR s that can be used for tiering Templates of the basic CEQA Forms Fish & Game information Background resources for the Initial Study Thresholds of Significance Each Lead Agency is encouraged to adopt thresholds of significance, either Appendix G of State CEQA Guidelines Agency Specific Thresholds Guidelines encourage Agencies to adopt Agency Specific Thresholds 7

8 Appendix G: Thresholds for Cultural Resource Impacts Cause a substantial adverse change in the significance of a historical resource as defined in ? Cause a substantial adverse change in the significance of an archaeological resource pursuant to ? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? Agency Specific Thresholds Agencies can adopt specific Thresholds that are beyond what is in Criterion G Agency Specific Thresholds must be supported by substantial evidence Agency Thresholds can represent what is unique to a specific community or specific area Agency Specific Thresholds can be from other agencies or recommendations of experts. 8

9 CEQA Resource Evaluation Criteria Definition of ʺhistorical resourcesʺ is contained in Section of the CEQA Guidelines: (A) Is associated with events that have made a significant contribution to the broad patterns of Californiaʹs history and cultural heritage; (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (D) Has yielded, or may be likely to yield, information important in prehistory or history. Local Register Projects can qualify as historic beyond the standard Four CEQA criteria. Listed or eligible on the State Register Listed or eligible on a Local Register Lead Agency determines it to be eligible under PRC

10 Local Designation Criteria Individual Designation High Level Landmark Lower Level Structure of Merit District Designation High Level Historic District Thematic Geographic Lower Level Neighborhood Conservation Area Categorical or Statutory Exemption from CEQA Statutory Exemptions are exemptions from CEQA granted by the Legislature. These exemptions take several forms. Some statutory exemptions are complete exemptions from CEQA. Other statutory exemptions apply to only part of the requirements of CEQA, and still others apply only to the timing of CEQA compliance. Categorical Exemptions are exemptions from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. 10

11 Exception to Categorical Exemptions for Cultural Resources Historical Resources A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Categorical Exemption Secretary of Interior Standards (15331) Class 31 Projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of Interior s Standards. 11

12 Overview of the Treatments in the Secretary of Interior Standards Preservation: places a high premium on the retention of all historic fabric through conservation, maintenance and repair. It reflects a buildingʹs continuum over time, through successive occupancies, and the respectful changes and alterations that are made. Restoration: focuses on the retention of materials from the most significant time in a propertyʹs history, while permitting the removal of materials from other periods. Reconstruction: establishes limited opportunities to re create a non surviving site, landscape, building, structure, or object in all new materials. Rehabilitation: emphasizes the retention and repair of historic materials, but more latitude is provided for replacement because it is assumed the property is more deteriorated prior to work. Of the four treatments, only Rehabilitation includes an opportunity to make possible an efficient contemporary use through alterations and additions. U.S. Secretary of the Interior s Standards for the Treatment of Historic Properties Secretary of the Interior s Standards for Rehabilitation Maintain historic use or compatible new use Retain & preserve historic character Do not add features creating a false sense of history Retain changes that have gained significance over time Preserve distinctive materials, features, finishes, craftsmanship & construction techniques 12

13 Secretary of the Interior s Standards for Rehabilitation Repair rather than replace; replace distinctive deteriorated features in kind when necessary based on historic documentation Use gentlest cleaning techniques possible Protect & preserve archaeological resources in place; mitigation required prior to disturbance Additions, alterations, or related new construction will not destroy historic materials, features and spatial relationships that characterize the property. Secretary of the Interior s Standards for Rehabilitation The new work shall be differentiated from the old and compatible with historic materials, features, scale and proportion, and massing to protect the integrity of the property and its environment. New additions and adjacent related new construction will be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 13

14 Mitigation Monitoring and Reporting Program (MMRP) Public agency shall adopt a reporting or monitoring program at project approval to ensure compliance during project implementation (PRC ) MMRP must be enforceable through permit conditions, agreements or other measures MMRP required for EIR and MND MMRP provided as part of Final EIR, not required to be circulated with Draft EIR Example #1 Meaningful Mitigation J Serra High School, San Juan Capistrano, Development of private school Campus Example #2 Curriculum, Dig, Interpretation Brown s Garage, Riverside Demolition of Blight HABS, Salvage, Auto Context Survey 14

Example #3 Meaningful Mitigation M Sole Mixed Use Development, Riverside, Relocation, Interpretation, Poly High Build program context, criteria for relocation.

15 Example #3 Meaningful Mitigation M Sole Mixed Use Development, Riverside, Relocation, Interpretation, Poly High Build program context, criteria for relocation. Example #4 5 Points Road Widening, Riverside Demolition of Blight for road widening Designation of Intersection, Design Guidelines, Interpretation Statement of Overriding Considerations Statement needed for approval of project with remaining significant effects Reasons to approve a project where significant impacts are not avoided or substantially lessened Supported by substantial evidence in the record Reasons can be economic, legal, social, technological or other (CCR 15093) 15

CEQA and Modernism Definition of ʺhistorical resourcesʺ is contained in Section 15064.

16 CEQA and Modernism Definition of ʺhistorical resourcesʺ is contained in Section of the CEQA Guidelines: (A) Is associated with events that have made a significant contribution to the broad patterns of Californiaʹs history and cultural heritage; (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (D) Has yielded, or may be likely to yield, information important in prehistory or history. CEQA and Modernism Downtown Main Library,

17 CEQA and Modernism Definition of ʺhistorical resourcesʺ is contained in Section of the CEQA Guidelines: (A) Is associated with events that have made a significant contribution to the broad patterns of Californiaʹs history and cultural heritage; (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (D) Has yielded, or may be likely to yield, information important in prehistory or history. CEQA and Modernism Hat and Boots, Seattle 17

18 CEQA and Modernism Definition of ʺhistorical resourcesʺ is contained in Section of the CEQA Guidelines: (A) Is associated with events that have made a significant contribution to the broad patterns of Californiaʹs history and cultural heritage; (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (D) Has yielded, or may be likely to yield, information important in prehistory or history. CEQA and Modernism Bobby Bonds House,

19 Integrity Majority of essential physical features Convey significance of resource Not same as condition Seven Aspects Location Design Setting Workmanship Materials Feeling Association 50 year rule 50 Year Rule has its origins in the 1930s and the Historic Sites act of 1935 Other Rules: 25 Year Rule 45 Year Rule 50 Year Rule 19

require additional items in the Cultural Resource

qualifications through an RFQ (Request for

special training to be on the approved list for

20 Does a Resource Meet the Criteria? Local Government Requirements Some Jurisdictions require additional items in the Cultural Resource Reports Some Jurisdictions require establishment of qualifications through an RFQ (Request for Qualifications) process Some Jurisdictions require special training to be on the approved list for document submittal, such as Sensitivity Training MOU (Memorandum of Understanding) required for some processes 20

21 Cultural Resource Report Requirements Surveys and Planning Process Historic Resource surveys are vital tool Identify properties eligible under the City s Cultural Resources Ordinance, Help expedite environmental review process for projects. Can lead to Neighborhood Pride Long term retention of character of both individual buildings and neighborhoods Create a sense of community and identity Potential Tourism Draw & Destination Marketing 21

22 Challenges Changing staff Continuous updating of data Continuous changing context Cumulative Impacts Recent past Resources Process Practice Pointers Be aware of timeframes (CCR ) 30 day completeness EIR determination within 30 days of a complete application 180 days to issue a Negative Declaration 1 year to process an EIR 22

23 Process Practice Pointers Start Early Act in good faith Pay attention to the process details Routing Mailing Notices Posting Thank you! Questions? 23

Section 3900 Main Street, Riverside, CA 92522 Phone: (951) 826 5371 Direct line: (951) 826 5463 Fax: (951)

24 Contact Information Erin Gettis, Associate AIA City Historic Preservation Officer and Principal Planner City of Riverside Community Development Department Planning Division Zoning, Information and Preservation Section 3900 Main Street, Riverside, CA Phone: (951) Direct line: (951) Fax: (951) Riverside s Historic Districts 24

Guidelines for the Development of Historic Contexts in Wyoming

Guidelines for the Development of Historic Contexts in Wyoming I. INTRODUCTION A Historic Context identifies patterns or trends in history or prehistory by which a specific occurrence, property or site