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Title 14. Chapter 3. Guidelines
for Implementation of the Article 5. Preliminary Review of
Projects and Conduct of Initial Study Sections 15060 to 15065 15060. Preliminary Review (a) A lead agency is allowed
30 days to review for completeness applications for permits or other
entitlements for use. While conducting this review for completeness, the agency
should be alert for environmental issues that might require preparation of an (b) Except as provided in
Section 15111, the lead agency shall begin the formal environmental evaluation
of the project after accepting an application as complete and determining that
the project is subject to CEQA. (c) Once an application is
deemed complete, a lead agency must first determine whether an activity is
subject to CEQA before conducting an initial study. An activity is not subject
to CEQA if: (1) The activity does not
involve the exercise of discretionary powers by a public agency; (2) The activity will not
result in a direct or reasonably foreseeable indirect physical change in the
environment; or (3) The activity is not a
project as defined in Section 15378. (d) If the lead agency can
determine that an Authority: Section 21083,
Public Resources Code; Reference: Sections 21080(b), 21080.2 and 21160, Public
Resources Code. Note: Authority
cited: Sections 21083 and 21087, Public Resources Code; Reference: Section
65944, Government Code; Section 21080.2, Public Resources Code. Discussion: This
section describes the actions required of the Lead Agency when it receives an
application for a project. This section is necessary in order to save time that
could otherwise be spent if the agency ignored environmental issues for the
first 30 days of reviewing the application. The section is also necessary for
allowing the efficiencies that result from moving directly to the preparation
of an This section also introduces
the term "preliminary review" to apply to this early review of an
application for completeness and for a possible exemption from CEQA. This term
is needed to provide a shorthand way to referring to these early steps and to distinguish
them from the more formal Initial Study process that follows preliminary
review. See Public Resources Code
Section 21151.7 which provides that EIRs are required
for certain projects. Public Resources Code Section
21080.1, subdivision (b), requires the lead agency, upon the request of the
project applicant, to provide for consultation with responsible and trustee
agencies before the filing of an application. The consultation is to cover the
range of actions, potential alternatives, mitigation measures, and any
potential and significant effects on the environment of the project. The 1998 amendment emphasizes
that preliminary review is the appropriate time to determine whether the
project is indeed subject to CEQA. Subsection (c) offers basic guidance in that
area. Further, accepting an application as complete does not restrict the lead
agency from requiring additional information as may be necessary for the
environmental evaluation of the project. 15060.5. Preapplication
Consultation (a) For a potential project
involving the issuance of a lease, permit, license, certificate, or other
entitlement for use by one or more public agencies, the lead agency shall, upon
the request of a potential applicant and prior to the filing of a formal application,
provide for consultation with the potential applicant to consider the range of
actions, potential alternatives, mitigation measures, and any potential
significant effects on the environment of the potential project. (b) The lead agency may
include in the consultation one or more responsible agencies, trustee agencies,
and other public agencies who in the opinion of the lead agency may have an
interest in the proposed project. The lead agency may consult the Office of
Permit Assistance in the Trade and Commerce Agency for help in identifying
interested agencies. Note:
Authority cited: Section 21083, Public Resources Code; Reference: Section
21080.1, Public Resources Code. Discussion: This section incorporates the provisions of Public
Resources Code Section 21080.1 enabling a project proponent to request a preapplication meeting with the lead agency to discuss
their project. The lead agency is responsible for holding the meeting and may
ask the California Office of Permit Assistance for help in identifying state
and regional agencies that may be interested in the proposed project. 15061. Review for Exemption (a)Once a lead agency has
determined that an activity is a project subject to CEQA, a lead agency shall
determine whether the project is exempt from CEQA. (b)A project is exempt from
CEQA if: (1) The project is exempt by
statute (see, e.g. Article 18, commencing with Section 15260). (2) The project is exempt
pursuant to a categorical exemption (see Article 19, commencing with Section 15300)
and the application of that categorical exemption is not barred by one of the
exceptions set forth in Section 15300.2. (3) 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 with
certainty 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. (4) The project will be
rejected or disapproved by a public agency. (See Section
15270(b)). (c) Each public agency should
include in its implementing procedures a listing of the projects often handled
by the agency that the agency has determined to be exempt. This listing should
be used in preliminary review. (d) After determining that a
project is exempt, the agency may prepare a Notice of Exemption as provided in
Section 15062. Although the notice may be kept with the project application at
this time, the notice shall not be filed with the Office of Planning and
Research or the county clerk until the project has been approved. Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21080(b),
21080.9, 21080.10, 21084, 21108(b), and 21152(b), Public Resources Code; No Oil, Inc. v. City of Los Angeles
(1974) 13 Discussion: This
section outlines the review of a project to see if the project is exempt from
CEQA. This review corresponds to the first steps of the process as shown on the
flow chart in Appendix A. Reviewing a project for exempt status at this early
time can avoid the expense of the CEQA process. Subsection (b)(3) provides a short way for agencies to deal with
discretionary activities which could arguably be subject to the CEQA process
but which common sense provides should not be subject to the Act. This section is based on the
idea that CEQA applies jurisdictionally to activities which have the potential
for causing environmental effects. Where an activity has no possibility of
causing a significant effect, the activity will not be subject to CEQA. This
approach has been noted with approval in a number of appellate court decisions
including the State Supreme Court opinion in No Oil, Inc. v. City of Subsection (d) notes that timing
and processing of the Notice of Exemption is to be compatible with the
requirement in Section 15062 that the notice not be filed until after the
agency has made a decision on the project. Section 15061(d) allows the Notice
of Exemption to be completed during the preliminary review and to be kept with
the project file during the processing of the project application. By including
the notice in the file, the agency would show any people reviewing the file
that CEQA had been considered, that the agency regarded the project as exempt,
and that the agency would be ready to file the notice as soon as the decision
was made on the project. 15062. Notice of Exemption (a) When a public agency
decides that a project is exempt from CEQA and the public agency approves or
determines to carry out the project, the agency may file a Notice of Exemption.
The notice shall be filed, if at all, after approval of the project. Such a
notice shall include: (1) A brief
description of the project, (2) The
location of the project (either by street address and cross street for a
project in an urbanized area or by attaching a specific map, preferably a copy
of a U.S.G.S. 15' or 7-1/2' topographical map identified by quadrangle name). (3) A finding that the project is exempt from CEQA, including a
citation to the State Guidelines section or statute under which it is found to
be exempt, and (4) A brief statement of
reasons to support the finding. (b) A Notice of Exemption may
be filled out and may accompany the project application through the approval
process. The notice shall not be filed with the county clerk or the OPR until
the project has been approved. (c) When a public agency
approves an applicant's project, either the agency or the applicant may file a
Notice of Exemption. (1) When a state agency files
this notice, the notice of exemption shall
be filed with the Office of Planning and Research. A form for this
notice is provided in Appendix E. A list of all such notices shall be posted on
a weekly basis at the Office of Planning and Research, (2) When a local agency files
this notice, the notice of exemption shall
be filed with the county clerk of each county in which the project will
be located. Copies of all such notices shall be available for public inspection
and such notices shall be posted within 24 hours of receipt in the office of
the county clerk. Each notice shall remain posted for a period of 30 days.
Thereafter, the clerk shall return the notice to the local agency with a
notation of the period it was posted. The local agency shall retain the notice
for not less than 12 months. (3) All public agencies are
encouraged to make postings pursuant to this section available in electronic
format on the Internet. Such electronic postings are in addition to the
procedures required by these guidelines and the Public Resources Code. (4) When an applicant files
this notice, special rules apply. (A) The notice filed by an
applicant is filed in the same place as if it were filed by the agency granting
the permit. If the permit was granted by a state agency, the notice is filed
with the Office of Planning and Research. If the permit was granted by a local
agency, the notice is filed with the county clerk of the county or counties in
which the project will be located. (B) The Notice of Exemption
filed by an applicant shall contain the information required in subdivision (a)
together with a certified document issued by the public agency stating that the
agency has found the project to be exempt. The certified document may be a
certified copy of an existing document or record of the public agency. (C) A notice filed by an
applicant is subject to the same posting and time requirements as a notice
filed by a public agency. (d) The filing of a Notice of
Exemption and the posting on the list of notices start a 35 day statute of
limitations period on legal challenges to the agency's decision that the
project is exempt from CEQA. If a Notice of Exemption is not filed, a 180 day
statute of limitations will apply. Authority cited: Section
21083, Public Resources Code. Reference: Sections 21108 and 21152, Public
Resources Code. 15063. Initial Study (a) Following preliminary
review, the Lead Agency shall conduct an Initial Study to determine if the
project may have a significant effect on the environment. If the Lead Agency
can determine that an (1) All phases of project
planning, implementation, and operation must be considered in the Initial Study
of the project. (2) To meet the requirements
of this section, the lead agency may use an environmental assessment or a
similar analysis prepared pursuant to the National Environmental Policy Act. (3) An initial study may rely
upon expert opinion supported by facts, technical studies or other substantial
evidence to document its findings. However, an initial study is neither
intended nor required to include the level of detail included in an (b) Results. (1) If the agency determines
that there is substantial evidence that any aspect of the project, either
individually or cumulatively, may cause a significant effect on the
environment, regardless of whether the overall effect of the project is adverse
or beneficial, the Lead Agency shall do one of the following: (A) Prepare an (B) Use a previously prepared
(C) Determine, pursuant to a
program (2) The Lead Agency shall
prepare a Negative Declaration if there is no substantial evidence that the
project or any of its aspects may cause a significant effect on the
environment. (c) Purposes. The purposes of
an Initial Study are to: (1) Provide the Lead Agency
with information to use as the basis for deciding whether to prepare an (2) Enable an applicant or
Lead Agency to modify a project, mitigating adverse impacts before an (3) Assist in the preparation
of an (A) Focusing the (B) Identifying the effects
determined not to be significant, (C) Explaining the reasons
for determining that potentially significant effects would not be significant,
and (D) Identifying whether a program
(4) Facilitate environmental
assessment early in the design of a project; (5) Provide documentation of
the factual basis for the finding in a Negative Declaration that a project will
not have a significant effect on the environment; (6) Eliminate unnecessary EIRs; (7) Determine whether a
previously prepared (d) Contents. An Initial Study shall contain in brief form: (1) A description of the
project including the location of the project; (2) An identification of the
environmental setting; (3) An identification of
environmental effects by use of a checklist, matrix, or other method, provided
that entries on a checklist or other form are briefly explained to indicate
that there is some evidence to support the entries. The brief explanation may
be either through a narrative or a reference to another information source such
as an attached map, photographs, or an earlier (4) A discussion of the ways
to mitigate the significant effects identified, if any; (5) An examination of whether
the project would be consistent with existing zoning, plans, and other
applicable land use controls; (6) The name of the person or
persons who prepared or participated in the Initial Study. (e) Submission of Data. If
the project is to be carried out by a private person or private organization,
the Lead Agency may require such person or organization to submit data and
information which will enable the Lead Agency to prepare the Initial Study. Any
person may submit any information in any form to assist a Lead Agency in
preparing an Initial Study. (f) Format. Sample forms for
an applicant's project description and a review form for use by the lead agency
are contained in Appendices G and H. When used together, these forms would meet
the requirements for an initial study, provided that the entries on the
checklist are briefly explained pursuant to subsection (d)(3).
These forms are only suggested, and public agencies are free to devise their
own format for an initial study. A previously prepared (g) Consultation. As soon as
a Lead Agency has determined that an Initial Study will be required for the
project, the Lead Agency shall consult informally with all Responsible Agencies
and all Trustee Agencies responsible for resources affected by the project to
obtain the recommendations of those agencies as to whether an Note: Authority
cited: Section 21083, Public Resources Code; Reference: Sections 21080(c),
21080.1, 21080.3, 21082.1, 21100 and 21151, Public Resources Code; Gentry v. City of Murrieta (1995) 36
Cal.App.4th 1359, San Joaquin
Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th
713, Leonoff v. Monterey County Board of Supervisors (1990)
222 Cal.App.3d 1337. Discussion: The
purpose of this section is to describe the process, contents, and use of the
Initial Study. This is a device not mentioned in the statute itself. The
Initial Study is necessary in order to provide the factual and analytical basis
for a Negative Declaration or to focus an This section also clarifies
that the individual conclusions reached by an initial study must be based on
some evidence. Entries on a checklist or other form should be briefly explained
to indicate the basis for determinations. These explanations are not intended
to be as detailed as an Since a lead agency must
consider all impacts of a project, consultation provides access to the
expertise of other agencies in evaluating a project. In Sundstrom v. Mendocino (1988) 202 15064. Determining the Significance of the
Environmental Effects Caused by a Project (a)
Determining whether a project may have a significant effect plays a critical
role in the CEQA process. (1) If there is substantial
evidence, in light of the whole record before a lead agency, that a project may
have a significant effect on the environment, the agency shall prepare a draft (2) When a final (b) The determination of
whether a project may have a significant effect on the environment calls for
careful judgment on the part of the public agency involved, based to the extent
possible on scientific and factual data. An ironclad definition of significant
effect is not always possible because the significance of an activity may vary
with the setting. For example, an activity which may not be significant in an
urban area may be significant in a rural area. (c) In determining whether an
effect will be adverse or beneficial, the Lead Agency shall consider the views
held by members of the public in all areas affected as expressed in the whole
record before the lead agency. Before requiring the preparation of an (d) In evaluating the significance
of the environmental effect of a project, the Lead Agency shall consider direct
physical changes in the environment which may be caused by the project and
reasonably foreseeable indirect physical changes in the environment which may
be caused by the project. (1) A direct physical change
in the environment is a physical change in the environment which is caused by
and immediately related to the project. Examples of direct physical changes in
the environment are the dust, noise, and traffic of heavy equipment that would
result from construction of a sewage treatment plant and possible odors from
operation of the plant. (2) An indirect physical
change in the environment is a physical change in the environment which is not
immediately related to the project, but which is caused indirectly by the
project. If a direct physical change in the environment in turn causes another
change in the environment, then the other change is an indirect physical change
in the environment. For example, the construction of a new sewage treatment
plant may facilitate population growth in the service area due to the increase
in sewage treatment capacity and may lead to an increase in air pollution. (3) An indirect physical
change is to be considered only if that change is a reasonably foreseeable
impact which may be caused by the project. A change which is speculative or
unlikely to occur is not reasonably foreseeable. (e) Economic and social
changes resulting from a project shall not be treated as significant effects on
the environment. Economic or social changes may be used, however, to determine
that a physical change shall be regarded as a significant effect on the
environment. Where a physical change is caused by economic or social effects of
a project, the physical change may be regarded as a significant effect in the
same manner as any other physical change resulting from the project.
Alternatively, economic and social effects of a physical change may be used to
determine that the physical change is a significant effect on the environment.
If the physical change causes adverse economic or social effects on people,
those adverse effects may be used as a factor in determining whether the
physical change is significant. For example, if a project would cause
overcrowding of a public facility and the overcrowding causes an adverse effect
on people, the overcrowding would be regarded as a significant effect. (f) The decision as to
whether a project may have one or more significant effects shall be based on
substantial evidence in the record of the lead agency. (1) If the lead agency
determines there is substantial evidence in the record that the project may
have a significant effect on the environment, the lead agency shall prepare an (2) If the lead agency
determines there is substantial evidence in the record that the project may
have a significant effect on the environment but the lead agency determines
that revisions in the project plans or proposals made by, or agreed to by, the
applicant would avoid the effects or mitigate the effects to a point where
clearly no significant effect on the environment would occur and there is no
substantial evidence in light of the whole record before the public agency that
the project, as revised, may have a significant effect on the environment then
a mitigated negative declaration shall be prepared. (3) If the lead agency
determines there is no substantial evidence that the project may have a
significant effect on the environment, the lead agency shall prepare a negative
declaration (Friends of B Street v. City
of Hayward (1980) 106 Cal.App. 3d 988). (4) The existence of public
controversy over the environmental effects of a project will not require
preparation of an (5) Argument, speculation,
unsubstantiated opinion or narrative, or evidence that is clearly inaccurate or
erroneous, or evidence that is not credible, shall not constitute substantial
evidence. Substantial evidence shall include facts, reasonable assumptions
predicated upon facts, and expert opinion support by
facts. (6) Evidence of economic and
social impacts that do not contribute to or are not caused by physical changes
in the environment is not substantial evidence that the project may have a
significant effect on the environment. (7) The provisions of
sections 15162, 15163, and 15164 apply when the project being analyzed is a
change to, or further approval for, a project for which an (g) After application of the
principles set forth above in Section 15064(f) (h)(1) When assessing whether a cumulative
effect requires an (2) A lead agency may determine in an initial study that a
project’s contribution to a significant cumulative impact will be rendered less
than cumulatively considerable and thus is not significant. When a project might contribute to a significant
cumulative impact, but the contribution will be rendered less than cumulatively
considerable through mitigation measures set forth in a mitigated negative
declaration, the initial study shall briefly indicate and explain how
the contribution has been rendered less than cumulatively considerable. (3) A lead agency may determine that a project’s incremental
contribution to a cumulative effect is not cumulatively
considerable if the project will comply with the requirements in a previously
approved plan or mitigation program which provides specific requirements that
will avoid or substantially lessen the cumulative problem (e.g., water quality
control plan, air quality plan, integrated waste management plan) within the
geographic area in which the project is located. Such plans or programs must be specified in
law or adopted by the public agency with jurisdiction over the affected
resources through a public review process to implement, interpret, or make
specific the law enforced or administered by the public agency. If there is
substantial evidence that the possible effects of a particular project are
still cumulatively considerable notwithstanding that the project complies with
the specified plan or mitigation program addressing the cumulative problem, an (4) The mere existence of significant cumulative impacts caused by
other projects alone shall not constitute substantial evidence that the
proposed project’s incremental effects are cumulatively considerable. Authority cited:
Section 21083, Public Resources Code. Reference: Sections 21003, 21065, 21068,
21080, 21082, 21082.1, 21082.2, 21083 and 21100, Public Resources Code; No
Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68; San Joaquin
Raptor/Wildlife Center v. County of Stanislaus (1996) 42 Cal.App.4th 608;
Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; Laurel Heights
Improvement Assn. v. Regents of the University of California (1993) 6
Cal.4th 1112; and Communities for a Better Environment v. California
Resources Agency (2002) 103 Cal.App.4th 98. 15064.5. Determining the Significance of
Impacts to Archeological and Historical Resources (a) For purposes
of this section, the term "historical resources" shall include the
following: (1) A resource
listed in, or determined to be eligible by the State Historical Resources
Commission, for listing in the California Register of Historical Resources
(Pub. Res. Code, § 5024.1, Title 14 (2) A resource
included in a local register of historical resources, as defined in section
5020.1(k) of the Public Resources Code or identified as significant in an
historical resource survey meeting the requirements section 5024.1(g) of the
Public Resources Code, shall be presumed to be historically or culturally
significant. Public agencies must treat any such resource as significant unless
the preponderance of evidence demonstrates that it is not historically or
culturally significant. (3) Any object,
building, structure, site, area, place, record, or manuscript which a lead
agency determines to be historically significant or significant in the
architectural, engineering, scientific, economic, agricultural, educational,
social, political, military, or cultural annals of California may be considered
to be an historical resource, provided the lead agency's determination is
supported by substantial evidence in light of the whole record. Generally, a
resource shall be considered by the lead agency to be "historically
significant" if the resource meets the criteria for listing on the
California Register of Historical Resources (Pub. Res. Code, § 5024.1, Title 14
(A) Is associated with events that have made a significant
contribution to the broad patterns of (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. (4) The fact that
a resource is not listed in, or determined to be eligible for listing in the California
Register of Historical Resources, not included in a local register of
historical resources (pursuant to section 5020.1(k) of the Public Resources
Code), or identified in an historical resources survey (meeting the criteria in
section 5024.1(g) of the Public Resources Code) does not preclude a lead agency
from determining that the resource may be an historical resource as defined in
Public Resources Code sections 5020.1(j) or 5024.1. (b) A project
with an effect that may cause a substantial adverse change in the significance
of an historical resource is a project that may have a significant effect on
the environment. (1) Substantial
adverse change in the significance of an historical resource means physical
demolition, destruction, relocation, or alteration of the resource or its
immediate surroundings such that the significance of an historical resource
would be materially impaired. (2) The
significance of an historical resource is materially impaired when a project: (A) Demolishes or
materially alters in an adverse manner those physical characteristics of an
historical resource that convey its historical significance and that justify
its inclusion in, or eligibility for, inclusion in the California Register of
Historical Resources;or (B) Demolishes or
materially alters in an adverse manner those physical characteristics that
account for its inclusion in a local register of historical resources pursuant
to section 5020.1(k) of the Public Resources Code or its identification in an
historical resources survey meeting the requirements of section 5024.1(g) of
the Public Resources Code, unless the public agency reviewing the effects of
the project establishes by a preponderance of evidence that the resource is not
historically or culturally significant; or (C) Demolishes or
materially alters in an adverse manner those physical characteristics of a
historical resource that convey its historical significance and that justify
its eligibility for inclusion in the California Register of Historical Resources
as determined by a lead agency for purposes of CEQA. (3) Generally, a
project that follows the Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings or the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings (1995), Weeks and Grimmer, shall
be considered as mitigated to a level of less than a significant impact on the
historical resource. (4) A lead agency
shall identify potentially feasible measures to mitigate significant adverse
changes in the significance of an historical resource. The lead agency shall ensure
that any adopted measures to mitigate or avoid significant adverse changes are
fully enforceable through permit conditions, agreements, or other measures. (5) When a
project will affect state-owned historical resources, as described in Public
Resources Code Section 5024, and the lead agency is a state agency, the lead
agency shall consult with the State Historic Preservation Officer as provided
in Public Resources Code Section 5024.5. Consultation should be coordinated in
a timely fashion with the preparation of environmental documents. (c) CEQA applies
to effects on archaeological sites. (1) When a
project will impact an archaeological site, a lead agency shall first determine
whether the site is an historical resource, as defined in subdivision (a). (2) If a lead
agency determines that the archaeological site is an historical resource, it
shall refer to the provisions of Section 21084.1 of the Public Resources Code,
and this section, Section 15126.4 of the Guidelines, and the limits contained
in Section 21083.2 of the Public Resources Code do not apply. (3) If an
archaeological site does not meet the criteria defined in subdivision (a), but
does meet the definition of a unique archeological resource in Section 21083.2
of the Public Resources Code, the site shall be treated in accordance with the
provisions of section 21083.2. The time and cost limitations described in
Public Resources Code Section 21083.2 (c-f) do not apply to surveys and site
evaluation activities intended to determine whether the project location
contains unique archaeological resources. (4) If an
archaeological resource is neither a unique archaeological nor an historical
resource, the effects of the project on those resources shall not be considered
a significant effect on the environment. It shall be sufficient that both the
resource and the effect on it are noted in the Initial Study or (d) When an
initial study identifies the existence of, or the probable likelihood, of
Native American human remains within the project, a lead agency shall work with
the appropriate Native Americans as identified by the Native American Heritage
Commission as provided in Public Resources Code section 5097.98. The applicant
may develop an agreement for treating or disposing of, with appropriate
dignity, the human remains and any items associated with Native American
burials with the appropriate Native Americans as identified by the Native
American Heritage Commission. Action implementing such an agreement is exempt
from: (1) The general
prohibition on disinterring, disturbing, or removing human remains from any
location other than a dedicated cemetery (Health and Safety Code Section
7050.5). (2) The
requirements of CEQA and the Coastal Act. (e) In the event
of the accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery, the following steps should be taken: (1) There shall
be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until: (A) The coroner
of the county in which the remains are discovered must be contacted to
determine that no investigation of the cause of death is required, and (B) If the
coroner determines the remains to be Native American: 1. The coroner
shall contact the Native American Heritage Commission within 24 hours. 2. The Native
American Heritage Commission shall identify the person or persons it believes
to be the most likely descended from the deceased Native American. 3. The most
likely descendent may make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of,
with appropriate dignity, the human remains and any associated grave goods as
provided in Public Resources Code section 5097.98, or (2) Where the
following conditions occur, the landowner or his authorized representative
shall rebury the Native American human remains and associated grave goods with
appropriate dignity on the property in a location not subject to further
subsurface disturbance. (A) The Native
American Heritage Commission is unable to identify a most likely descendent or
the most likely descendent failed to make a recommendation within 24 hours
after being notified by the commission. (B) The
descendant identified fails to make a recommendation; or (C) The landowner
or his authorized representative rejects the recommendation of the descendant,
and the mediation by the Native American Heritage Commission fails to provide
measures acceptable to the landowner. (f) As part of
the objectives, criteria, and procedures required by Section 21082 of the
Public Resources Code, a lead agency should make provisions for historical or
unique archaeological resources accidentally discovered during construction.
These provisions should include an immediate evaluation of the find by a
qualified archaeologist. If the find is determined to be an historical or
unique archaeological resource, contingency funding and a time allotment
sufficient to allow for implementation of avoidance measures or appropriate
mitigation should be available. Work could continue on other parts of the building
site while historical or unique archaeological resource mitigation takes place. Note: Authority: Section 21083, Public Resources Code.
Reference: Sections 21083.2, 21084, and 21084.1, Public Resources Code; Citizens for Responsible Development in Discussion: This section establishes rules for the
analysis of historical resources, including archaeological resources, in order
to determine whether a project may have a substantial adverse effect on the
significance of the resource. This incorporates provisions previously contained
in Appendix K of the Guidelines. Subsection (a) relies upon the holding in
League for Protection of Oakland’s Architectural and Historic Resources v. City
of Oakland (1997) 52 Cal.App.4th 896 to describe the relative significance of
resources which are listed in the California Register of Historical Resources,
listed in a local register or survey or eligible for listing, or that may be
considered locally significant despite not being listed or eligible for
listing. Subsection (b) describes those actions which have substantial adverse
effects. Subsection (c) describes the relationship between historical resources
and archaeological resources, as well as limits on the cost of mitigating
impacts on unique archaeological resources. Subsections (d) and (e) discuss the
protocol to be followed if Native American or other human remains are
discovered. 15064.7. Thresholds of Significance. (a) Each public
agency is encouraged to develop and publish thresholds of significance that the
agency uses in the determination of the significance of environmental effects.
A threshold of significance is an identifiable quantitative, qualitative or
performance level of a particular environmental effect, non-compliance with
which means the effect will normally be determined to be significant by the
agency and compliance with which means the effect normally will be determined
to be less than significant. (b) Thresholds of
significance to be adopted for general use as part of the lead agency's
environmental review process must be adopted by ordinance, resolution, rule, or
regulation, and developed through a public review process and be supported by
substantial evidence. Note: Authority: Section 21083, Public Resources Code.
Reference: Sections 21082 and 21083, Public Resources Code. Discussion: This section encourages agencies to
develop, publish, and use thresholds of significance as a means of
standardizing environmental assessments. Thresholds may constitute standards
for determining significance pursuant to subsection (i)
of section 15064. Note that if an agency decides to adopt thresholds it must do
so by ordinance, resolution, regulation or rule at the conclusion of a public
review process. 15065. Mandatory Findings of
Significance (a) A lead agency
shall find that a project may have a significant effect on the environment and
thereby require an (1) The project has the potential to: substantially
degrade the quality of the environment; substantially reduce the habitat
of a fish or wildlife species; cause a fish or wildlife population to
drop below self-sustaining levels (2) The project has the potential to achieve short-term
environmental goals to the disadvantage of long-term environmental goals. (3) The project has possible environmental effects that are
individually limited but cumulatively considerable. “Cumulatively considerable” means that the
incremental effects of an individual project are significant when
viewed in connection with the effects of past projects, the effects of other
current projects, and the effects of probable future projects. (4) The environmental effects of a project will cause
substantial adverse effects on human beings, either directly or
indirectly. (b)(1) Where, prior to the commencement of
preliminary review of an environmental document, a project proponent agrees to
mitigation measures or project modifications that would avoid any significant
effect on the environment specified by subdivision (a) or would mitigate the
significant effect to a point where clearly no significant effect on the
environment would occur, a lead agency need not prepare an environmental impact
report solely because, without mitigation, the environmental effects at issue
would have been significant. (2) Furthermore, where a proposed project
has the potential to substantially reduce the number or restrict the range of
an endangered, rare or threatened species, the lead agency need not prepare an (A) the project proponent is bound to implement
mitigation requirements relating to such species and habitat pursuant to an
approved habitat conservation plan or natural community conservation plan; (B) the state or federal agency approved the
habitat conservation plan or natural community conservation plan in reliance on
an environmental impact report or environmental impact statement; and (C) 1. such requirements avoid any net loss of
habitat and net reduction in
number of the affected species, or 2. such requirements preserve, restore, or
enhance sufficient habitat to mitigate the reduction in habitat and number of the affected species to
below a level of significance. (c) Following the decision to prepare an (1) the identification of effects to be analyzed
in depth in the environmental impact report or the functional equivalent
thereof, (2) the requirement to make detailed findings on
the feasibility of alternatives or mitigation measures to substantially lessen
or avoid the significant effects on the environment, (3) when found to be feasible, the making of
changes in the project to substantially lessen or avoid the significant effects
on the environment, and (4) where necessary, the requirement to adopt a
statement of overriding considerations. Authority cited:
Section 21083, Public Resources Code. Reference: Sections 21001(c), 21082.2,
and 21083, Public Resources Code; San Joaquin Raptor/Wildlife Center v.
County of Stanislaus (1996) 42 Cal.App.4th 608; Los Angeles Unified
School District v. City of Los Angeles (1997) 58 Cal.App.4th 1019, 1024;
and Communities for a Better Environment v. California Resources Agency (2002)
103 Cal.App.4th 98. 
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