06 16 20 PWA_02_02 Exh2 - IS-MND

Home Browse Search

L w FAIRVIEw BRIDGE REPLACEMENT AND STREET IMPROVEMENTS INITIAL STUDY/MITIGATED NEGATIVE DECLARATION J' (9TH STREET TO 16TH STREET) PROJECT MAY 2020 SANTA ANAL CALIFORNIA 3.18 TRIBAL CULTURAL RESOURCES Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section El 5020.1(k) or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public El Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. 3.18.1 Existing Setting Assembly Bill (AB) 52, which became law on January 1, 2015, provides for consultation with California Native American tribes during the CEQA environmental review process, and equates significant impacts to "tribal cultural resources" with significant environmental impacts. PRC Section 21074 states that tribal cultural resources are sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are one of the following: • Included or determined to be eligible for inclusion in the California Register of Historical Resources. • Included in a local register of historical resources as defined in subdivision (k) of PRC Section 5020.1. • A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. A "historical resource" (PRC Section 21084.1), a "unique archaeological resource" (PRC Section 21083.2(g)), or a "nonunique archaeological resource" (PRC Section 21083.2 (h)) may also be a tribal 3-104 R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISMND.docx (05/26/20)