BALANCING MITIGATIONS - California Preservation

Stephen (Schaf) Schafer 5/27/2014

CEQA Mitigation 1

Preservation is the practice of imagining how CAN history be

saved?While the world collects

reasons why not.

Stephen Schafer • www.HABSphoto.com

Meaningful Mitigations for Historic Resource Impacts


Meaningful Mitigations for Historic Resource Impacts


BALANCINGMITIGATIONS

California Preservation FoundationCEQA & Historic Resources Workshop

Stanford, May 2014

3

1947 Wagon Wheel Hotel & RestaurantOxnard, California


CEQA Mitigation 2

San Francisco National Cemetery

Where’s the HERO for the

Chualar Substation?

PROJECT IMPACTSPROJECT IMPACTS

MITIGATIONMITIGATION



debits creditsoffset by

Environmental MitigationEnvironmental Mitigation

Stephen Schafer www.HABSPHOTO.com


CEQA Mitigation 3

Environmental mitigation, compensatory mitigation, or mitigationbanking, are terms used primarily by the United States governmentand the related environmental industry to describe projects orprograms intended to offset known impacts to an existing naturalresource such as a stream, wetland, or endangered species. To"mitigate" means to make less harsh or hostile. Environmentalmitigation is typically a part of an environmental crediting systemestablished by governing bodies which involves allocating debits andcredits. Debits occur in situations where a natural resource has beendestroyed or severely impaired and credits are given in situationswhere a natural resource has been deemed to be improved orpreserved. Therefore, when an entity such as a business or individualhas a "debit" they are required to purchase a "credit". In some casescredits are bought from "mitigation banks" which are large mitigationprojects established to provide credit to multiple parties in advance ofdevelopment when such compensation cannot be achieved at thedevelopment site or is not seen as beneficial to the environment.Crediting systems can allow credit to be generated in different ways.For example in the United States, projects are valued based on whatthe intentions of the project are which may be to restore, create,enhance, or preserve resources. -Wikipedia.com

Environmental mitigation, compensatory mitigation, or mitigationbanking, are terms used primarily by the United States governmentand the related environmental industry to describe projects orprograms intended to offset known impacts to an existing historic ornatural resource such as a stream, wetland, endangered species,archeological site or historic structure. To "mitigate" means to makeless harsh or hostile. Environmental mitigation is typically a part of anenvironmental crediting system established by governing bodies whichinvolves allocating debits and credits. Debits occur in situations wherea natural resource has been destroyed or severely impaired andcredits are given in situations where a natural resource has beendeemed to be improved or preserved. Therefore, when an entity suchas a business or individual has a "debit" they are required to purchasea "credit". In some cases credits are bought from "mitigation banks"which are large mitigation projects established to provide credit tomultiple parties in advance of development when such compensationcannot be achieved at the development site or is not seen asbeneficial to the environment. Crediting systems can allow credit to begenerated in different ways. For example in the United States, projectsare valued based on what the intentions of the project are which maybe to restore, create, enhance, or preserve resources. -Wikipedia.com

DEBITS CREDITS

Environmental MitigationEnvironmental Mitigation

...projects or programs intended to offset knownimpacts to an existing resource such as astream, wetland, endangered species,archeological site or historic structure.

To "mitigate" means to make less harsh or hostile.

...projects or programs intended to offset knownimpacts to an existing resource such as astream, wetland, endangered species,archeological site or historic structure.

To "mitigate" means to make less harsh or hostile.



CEQA Mitigation 4

MITIGATION MITIGATION

MUST NOT BE arbitrary. There must be a nexusbetween the mitigation and the impact being mitigated.

MUST BE roughly proportional to the impacts of the project. (Not trivial and insignificant & not excessive and punitive.)

MUST NOT BE arbitrary. There must be a nexusbetween the mitigation and the impact being mitigated.

MUST BE roughly proportional to the impacts of the project. (Not trivial and insignificant & not excessive and punitive.)

§15041


MITIGATIONSMITIGATIONSMITIGATIONS

MITIGATIONSMITIGATIONSMITIGATIONS

MAKING MITIGATIONSMAKING MITIGATIONS‣Mitigations may seem automatic but they are drafted by environmental consultants and planners based on each adverse impact.

‣If no one objects or suggests better mitigations –they become final.

‣Consultants don’t get brownie points for most mitigations. (They get fired)

‣The system works when informed people suggest more, better, feasible mitigations.

‣Mitigations may seem automatic but they are drafted by environmental consultants and planners based on each adverse impact.

‣If no one objects or suggests better mitigations –they become final.

‣Consultants don’t get brownie points for most mitigations. (They get fired)

‣The system works when informed people suggest more, better, feasible mitigations.


WHO HAS AUTHORITY TO MITIGATE?WHO HAS AUTHORITY TO MITIGATE?

The public agency has authority to require feasible changes in any or all activities to lessen or avoid significant effects on the environment.

The public agency has authority to require feasible changes in any or all activities to lessen or avoid significant effects on the environment.

§15041

PROJECTIMPACTSPROJECTIMPACTS MITIGATIONS

required by lead agency

MITIGATIONSMITIGATIONS

WHO



CEQA Mitigation 5

How Many MITIGATIONS

CEQA requires that ALL feasiblemitigation be undertaken, even if it does not mitigate below a level of

significance.

CEQA requires that ALL feasiblemitigation be undertaken, even if it does not mitigate below a level of

significance.


MITIGATIONMITIGATIONMITIGATIONMITIGATIONMITIGATION

MITIGATIONMITIGATIONMITIGATIONMITIGATION


MITIGATION


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MND never appropriateMND never appropriate

You can’t repaint a cave painting or build a new historic house.

CEQADefinitions

(never intended for HRs)

CEQADefinitions


a) Avoid (the impact)

• Minimize (the impact)

• Rectify • Reduce• Compensate ($)




§15370

The oak tree analogydoesn’t work for ahistoric structure.

The oak tree analogydoesn’t work for ahistoric structure.



CEQA Mitigation 6

CEQADefinitions


CEQADefinitions


PracticalDefinitionsPractical

Definitions• Avoid• Preserve (SIS)• Modify project• Design compatibility• Compensation • Monitoring• Interpretation• Documentation

• Avoid• Preserve (SIS)• Modify project• Design compatibility• Compensation • Monitoring• Interpretation• Documentation







§15370


House + Highway = ImpactsHouse + Highway = Impacts

Register nomination? Roadway realignment? Documentation + Interpretation? HABS

photos? Construction monitoring? Sound walls? Repositioning?

Dinuba, California

Impact to setback. Impact to property. Impact to setting, feeling and location.


• SIS or Partial SIS (best)

• Adaptive Reuse• Adapt or Modify Plan• Archeo Avoidance• Integrate Resource• Move & Rehab (least best)

• Donation/Salvage (desperation)

• SIS or Partial SIS (best)

• Adaptive Reuse• Adapt or Modify Plan• Archeo Avoidance• Integrate Resource• Move & Rehab (least best)

• Donation/Salvage (desperation)

Avoidance & Preservation

Avoidance & Preservation



CEQA Mitigation 7

S.I.S.S.I.S.... a project that follows

the Secretary of the Interior’s Standards ... shall be considered as

mitigated ...

Garment Capitol Los Angeles

§15064.5

Possibletax credits…

CHBC & Mills Act!

Garment Capitol Los Angeles

S.I.S.S.I.S.

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AdaptiveReuse

AdaptiveReuse

1940 WPA Paso Robles Fire House


CEQA Mitigation 8

Modify Project Willett RanchModify Project Willett Ranch

The 30 minute settlement mitigationThe 30 minute settlement mitigation

206 on 27 acres206 on 27 acres

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ModifyProject

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Maintainedsetback

Maintainedsetback

IntegrationIntegration


CEQA Mitigation 9

The Oxnard Village Specific Plan:• A 64 acre project with retail + 1500 residential units

Preservation advocates supported an integration approach for the historic Wagon Wheel Hotel & Restaurant on a 2 acre carve-out:

• A 62 acre project with retail + 1500 residential units

The Oxnard Village Specific Plan:• A 64 acre project with retail + 1500 residential units

Preservation advocates supported an integration approach for the historic Wagon Wheel Hotel & Restaurant on a 2 acre carve-out:

• A 62 acre project with retail + 1500 residential units



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The TOP HATThe TOP HAT


27

This approach may notfit your community

This approach may notfit your community

Integration Facade-styleIntegration Facade-style



CEQA Mitigation 10

WE CAN!!!But should we?

Point Hueneme Lighthouse 1940Point Hueneme Lighthouse 1940

Shubert TheaterMinneapolis 19998 Million Pounds

104 Tons104 Tons

Moving Mitigation Contradiction?Moving Mitigation Contradiction?Relocation may constitute an

adverse impact to the resourceOR

It may mitigate below a level of significance provided that:

1) the new location is compatible with the

original character and use of the resource...

AND

2) the resource retains its eligibility for listing on

the California Register.

Relocation may constitute an adverse impact to the resource

ORIt may mitigate below a level of

significance provided that:

1) the new location is compatible with the

original character and use of the resource...

AND

2) the resource retains its eligibility for listing on

the California Register.Repositioning may be the

best option


Re-Moving ResourcesRe-Moving Resources

That’s how itwas done in the the “olden days”

That’s how itwas done in the the “olden days”

Resource needs to be successfully moved & rehabbed for a Moving Mitigation to be a public benefit ... •Does project sponsor control an appropriate site?•Is there funding to move & rehab?•Is move+rehab required for project approval or C of O?

Resource needs to be successfully moved & rehabbed for a Moving Mitigation to be a public benefit ... •Does project sponsor control an appropriate site?•Is there funding to move & rehab?•Is move+rehab required for project approval or C of O?



CEQA Mitigation 11

The last resortThe last resortDonation & SalvageDonation & Salvage

Desperationnot MitigationDesperationnot MitigationThe $1

housedeal

The $1housedeal


• Project Redesign• Architectural Style• Compatibility• Protective Construction

barriers• Underpinning & shoring• Vibration Monitoring

• Project Redesign• Architectural Style• Compatibility• Protective Construction

barriers• Underpinning & shoring• Vibration Monitoring

Design & CompatibilityDesign & Compatibility


Design Design How perfect is too perfect?Compatible does NOT mean Copy-cat.

How perfect is too perfect?Compatible does NOT mean Copy-cat.

Second Empire Victorian



CEQA Mitigation 12

Mitigation can require a project to include a preservation architect

onthe design team

Mitigation can require a project to include a preservation architect

onthe design team

Compatibility Compatibility


Monetary Mitigations

Off Site Enhancements

Preservation Funds

Monetary Mitigations

Off Site Enhancements

Preservation Funds

CompensationCompensation


Do you plan for compensation?Do you plan for compensation?

A PRESERVATION PLAN and consensus are key for some mitigations, especially compensation.

•What needs to be interpreted/commemorated?•What surveys, contexts, or studies are needed?•Where and how does the archeo curation occur?•*Can receiver sites be identified and purchased?

Is a preservation fund in place to receive monies? Fines for botched mitigations and code enforcement?What’s the price to demolish history per square foot?



CEQA Mitigation 13

Monitoring Monitoring Archeological deposit avoidance.

Redesign as paved parking, tennis courts, etc.

Archeological deposit avoidance.Redesign as paved parking, tennis

courts, etc.

If there is evidence in the record that an archeological resource may be affected by a project, a mitigation measure applicable to

accidental discovery is not appropriate

If there is evidence in the record that an archeological resource may be affected by a project, a mitigation measure applicable to

accidental discovery is not appropriate


• Interpretive Panels• Museum Exhibits• On Site or Off Site• Public Art as Interp.• Public Art w/ Salvage

• Interpretive Panels• Museum Exhibits• On Site or Off Site• Public Art as Interp.• Public Art w/ Salvage

InterpretationInterpretation


A plaque don’t hack it.A plaque don’t hack it.

Consolationnot

Mitigation

Consolationnot

Mitigation

OTSOSOTSOS



CEQA Mitigation 14

Make it hip, interesting, compelling, funny! Use a designer and writer.

It’s not a 523 form!

It’s not a 523 form!


• In Public

• As visible as possible

• Avoid private displays

• All Hours if Possible

Remember Public Benefit

• In Public

• As visible as possible

• Avoid private displays

• All Hours if Possible

Remember Public Benefit

Add a tour component!Add a tour component!


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salvaged materialssalvaged materials



CEQA Mitigation 15

43

Online componentOnline component



Perpetually hosted • Smartphone compatiblePerpetually hosted • Smartphone compatible

Mitigations need not be a literal interpretive panel.



CEQA Mitigation 16

Use art to tell the (hi)story

Public Art as InterpretationPublic Art as Interpretation

Public Art Using

Salvage

Public Art Using

Salvage

Ventura Mission garden wall foundation stones

Nominations for DesignationPreservation PlansSurveys & Design GuidelinesHistoric Reports HABS/HAER/HALS Measured DrawingsCreative Publishing

Nominations for DesignationPreservation PlansSurveys & Design GuidelinesHistoric Reports HABS/HAER/HALS Measured DrawingsCreative Publishing

DocumentationDocumentation



CEQA Mitigation 17

Has a mitigating role but alone cannot mitigate to a less than significant level.

DocumentationDocumentation


Written Reports& Creative Media

Written Reports& Creative Media• Books: history, children's, coloring, etc…

• Documentary films & animations

• Oral history projects (Podcasts?)

• Educational lesson plans

• Tour guides and district maps

• Free smartphone apps & websites

• New media…

• Books: history, children's, coloring, etc…

• Documentary films & animations

• Oral history projects (Podcasts?)

• Educational lesson plans

• Tour guides and district maps

• Free smartphone apps & websites

• New media…

Remember Public Benefits &

Accessibility

Remember Public Benefits &

Accessibility




• QR codes and websites need perpetual updates. Are they smartphone enabled?

• Will websites still be up in 20, 50, 100 years?

• Are educational efforts viable in current and future school curriculum?

• Can museums and repositories accession the materials as delivered? (negs, oversize?)

• QR codes and websites need perpetual updates. Are they smartphone enabled?

• Will websites still be up in 20, 50, 100 years?

• Are educational efforts viable in current and future school curriculum?

• Can museums and repositories accession the materials as delivered? (negs, oversize?)

Mitigated and no one knows?

Mitigated and no one knows?

New media + archival old media.



CEQA Mitigation 18

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Written Reports& Creative MediaWritten Reports& Creative Media


HABS/HAERHALS

DocumentationHas Three

Levels

I. Comprehensive(Full written historic report, measured drawings, copies of historic

photos & plans and detailed Large Format film field photos)

II. Detailed Large Format photos + full written report

III. General Large Format photos + written report

I, II & III


Photo-RecordationPhoto-Recordation

HISTORIC AMERICAN BUILDINGS SURVEYHISTORIC AMERICAN BUILDINGS SURVEY



CEQA Mitigation 19

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Historic American Buildings Surveyof The Ahwahnee Hotel in Yosemite Valley.

105 large format views to mitigate alterations for fire sprinklers and emergency exits.


Measured Drawings

HABS Title-Block

Why is photography so common?Why is photography so common?

• Cultural resource impacts will usually include photo-mitigation.

• Photography is the low-hanging fruit of the mitigation tree.

• Can be completed before the project starts.

• Cultural resource impacts will usually include photo-mitigation.

• Photography is the low-hanging fruit of the mitigation tree.

• Can be completed before the project starts.

Because every IMPACT…must have a MITIGATION*

*Sounds plausibleif no one is watching


CEQA Mitigation 20

Writing EffectiveMitigation Measures

Writing EffectiveMitigation Measures

• Find nexus & be sure level is appropriate.

• Do-ers & Enforcers – Who is responsible?

• Deadlines – Specify completion periods.

• Mitigations can not be deferred to the future.

• Trackability – Define a responsible agency.

• BE SPECIFIC – Clarity creates success.

• Find nexus & be sure level is appropriate.

• Do-ers & Enforcers – Who is responsible?

• Deadlines – Specify completion periods.

• Mitigations can not be deferred to the future.

• Trackability – Define a responsible agency.

• BE SPECIFIC – Clarity creates success.


Ineffective Attempts atMitigation Measures

Ineffective Attempts atMitigation Measures

• COMPLY WITH EXISTING REGULATIONS OR ORDINANCES

• PRESERVE ALREADY EXISTING NATURAL AREA

• ENCOURAGE OR DISCOURAGE

• MONITOR OR REPORT

• SUBMIT FOR REVIEW

• COORDINATE WITH

• STUDY FURTHER

• CONSULT WITH

• HIRE STAFF

• STRIVE TO

• FACILITATE

• INFORM

• COMPLY WITH EXISTING REGULATIONS OR ORDINANCES

• PRESERVE ALREADY EXISTING NATURAL AREA

• ENCOURAGE OR DISCOURAGE

• MONITOR OR REPORT

• SUBMIT FOR REVIEW

• COORDINATE WITH

• STUDY FURTHER

• CONSULT WITH

• HIRE STAFF

• STRIVE TO

• FACILITATE

• INFORM

“Strive not to demolish another historic theater”


“Mitigating conditions are not mere expressions of hope.”

Lincoln Place Tenants Assoc. v. City of LA (2005)

“Mitigating conditions are not mere expressions of hope.”

Lincoln Place Tenants Assoc. v. City of LA (2005)

§ 15064.5

Any adopted mitigation measures must be made fully enforceable through permits, conditions,

agreements, or other measures

Any adopted mitigation measures must be made fully enforceable through permits, conditions,

agreements, or other measures

EnforcementEnforcement


CEQA Mitigation 21

MonitoringMonitoringMitigation Monitoring & Reporting ProgramMitigation Monitoring & Reporting Program

MMRPMMRP

Usually an AppendixUsually an Appendix

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Truly Effective Mitigation Involves:

Truly Effective Mitigation Involves:

PUBLIC BENEFITPUBLIC BENEFIT

Manzanar

CEQA only works if people pay attention.CEQA only works if people pay attention.

Stephen Schafer www.HABSphoto.com

THEEND

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BALANCING MITIGATIONS - California Preservation