State of California
Pete Wilson, Governor


Governor's Office of Planning and Research

1400 Tenth Street
Sacramento, CA 95814
916-322-2318

Lee Grissom, Director, Office of Planning and Research
Robert Cervantes, Chief, Planning Unit
Antero Rivasplata, Chief, State Clearinghouse

May 1996


The CEQA Technical Advice Series is intended to offer CEQA practitioners, particularly at the local level, concise information about some aspect of the California Environmental Quality Act. This series of occasional papers is part of OPR's public education and training program for planners, developers, and others.

A print version of this document can be ordered for $3.00 from the above address. Please make your check or money order payable to the Governor's Office of Planning and Research.

Acknowledgment

The author thanks Carol Roland of the State Office of Historic Preservation for substantial help in preparing this advisory paper. Her generous assistance contributed greatly to the quality of the following document.


Introduction

When a proposed project may adversely affect a historical resource, the California Environmental Quality Act (CEQA) requires the Lead Agency to carefully consider the possible impacts before proceeding (Public Resources Code Sections 21084 and 21084.1). Revisions to the Act made in 1992, particularly Chapter 1075 of the Statutes of 1992, have highlighted the importance of evaluating possible impacts upon historic resources. This advisory paper discusses how CEQA applies to city and county decisions on proposed projects which may potentially impact or otherwise involve historic resources.

CEQA exists to ensure that governmental decisionmakers consider the potential significant environmental effects of proposed projects before taking action. The Lead Agency is responsible for determining whether a significant adverse environmental impact may occur and whether it can be mitigated to a level of insignificance. Where substantial evidence indicates that a significant adverse effect may occur, the lead decisionmaking agency is required to prepare an Environmental Impact Report (EIR) which discusses in detail the potential impact and feasible means of avoiding or reducing it. Where such an effect may be mitigated to a level of insignificance through changes in the project or other requirements, a mitigated Negative Declaration should be prepared rather than an EIR.

CEQA and Historical Resources is advisory only. Although it supplements the CEQA Guidelines (hereafter referred to as Guidelines) on this topic, it does not amend or replace the regulations represented by the Guidelines. All code references herein are to the Public Resources Code unless otherwise noted.


Next: Background on Historical Resources Preservation

Appendix 1: Excerpts from the Public Resources Code
Appendix 2: Historical Resources Information Centers