REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
Title
Informational Report on the Role of the HLC in CEQA Review
Report
BACKGROUND
The City of Santa Clara is a Certified Local Government (CLG) designated by the State Office of Historic Preservation.
CLGs must comply with five basic requirements:
* Enforce appropriate state and local laws and regulations for the designation and protection of historic properties;
* Establish an historic preservation review commission by local ordinance;
* Maintain a system for the survey and inventory of historic properties;
* Provide for public participation in the local preservation program; and
* Satisfactorily perform responsibilities delegated to it by the state.
As part of the first basic requirement, CLGs must enforce the California Environmental Quality Act (CEQA) regulations in relation to historical resources. This includes reviewing CEQA documents and assessing the suitability and effectiveness of cultural and historic mitigation and providing recommendations to the decision-making hearing body.
DISCUSSION
The purpose of this informational report is to provide guidance to the Commission about its role as a recommendation body in reviewing CEQA documents and providing recommendations to decision-making hearing bodies.
In practice, CEQA documents have typically been reviewed by the Commission during the State-mandated public review period. The purpose of the public review period is to allow the public to review the draft document and provide comments prior to its finalization. Comments that are submitted during the public review period are formally responded to in the Response to Comments in the final CEQA document. There is no requirement that the HLC or any other recommending body see the final CEQA document before making a recommendation. Under the CEQA Regulations, the final CEQA document only has to be presented to the decision-making body. Moreover, in the case of an Environmental Impact Report (EIR...
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