What is appropriate mitigation, how much is enough?

by Andrew Shaffer  on June 27, 2018 | | No comments

State CEQA Guidelines Section 15064.5(b)(2) states that:

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.

The appropriate mitigation depends upon the specific historical resource being affected. Mitigation must be feasible and fully enforceable. It may include avoiding, minimizing, reducing, or rectifying the impact. The question of whether mitigation is feasible takes into account economic, environmental, legal, social, and technological limitations. (State CEQA Guidelines Section 15364).

About the Author

Andrew Shaffer is the California Preservation Foundation’s Engagement Director. His job includes sharing stories of CPF’s work and collaborating with members and partner organizations on preservation issues across California. Prior to joining CPF, he studied at the University of San Francisco and the University of Wisconsin, where he specialized in LGBTQ history, preservation, and activism. Andrew is a transplant to San Francisco and loves showing off his adopted hometown to people from all over the world.