The ordinance codified in this article shall be known as the "Cultural and Tribal Resources Article" of the Placer County Code.
(Ord. 6042-B § 1, 2020)
A. 
The board of supervisors finds that the protection and enhancement of cultural and tribal resources of significance, located within the county, are of cultural benefit to its communities. It is further found that respect and understanding of the heritage of the county will enhance the economic, cultural, and aesthetic standing of the county. The purpose of this article is to promote the general welfare of the public through one or more of the following:
1. 
Protecting and preserving historic properties and artifacts in the county and encouraging, where appropriate, their adoption for appropriate and feasible use;
2. 
Encouraging the restoration, rehabilitation and continued functional and/or educational use of historic properties;
3. 
Encouraging the identification, preservation, promotion, and enhancement of those cultural resources that represent or reflect distinctive elements of cultural, social, economic, political and architectural history; and
4. 
Encouraging the protection and preservation of tribal cultural resources and continued functional use of tribal cultural resources by descendant communities where feasible.
B. 
The purpose of this article is to implement the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) with respect to cultural and tribal resources, to supplement the State CEQA Guidelines (14 California Code Regulatory Section 15000 et seq.), and to implement the Permit Streamlining Act (Government Code Section 65920 et seq.).
(Ord. 6042-B § 1, 2020)
For purposes of this article, unless it is plainly evident from the context that a different meaning is intended, the definitions set forth in Article 15.60 and Section 18.04.030 of the Placer County Code shall apply.
(Ord. 6042-B § 1, 2020)
A. 
This article shall apply to discretionary public projects directly carried out by county departments and private projects requiring county entitlements and approvals that meet the definition of "project" in Section 18.08.010.
B. 
Exemption verifications, as defined in Section 18.08.020, subsection (C)(2), shall include additional inquiry as to whether the categorical exemption is inapplicable because of the potential to significantly impact a historical resource, as prohibited by CEQA Guidelines Section 15300.2(f).
C. 
Projects which are proposed under the PCCP will demonstrate compliance with Article 18.37 via implementation of the CRMP which addresses applicable state law, including laws and regulations that require tribal consultation. If a federal agency with jurisdiction over a covered activity authorized by the PCCP requires compliance with the National Historic Preservation Act through procedures, standards or requirements that conflict with or duplicate those described in the CRMP, the conflicting or duplicative federal agency procedures, standards, or requirements will supersede and/or replace those in the CRMP. If a proposed project is not being carried out under the PCCP or CRMP, then applicable state law, including laws and regulations that require tribal consultation, apply.
D. 
Prior to determining the level of environmental documentation required, the county shall determine whether or not the proposed project will have a potentially significant impact to a cultural or tribal resource.
E. 
Prior to approving the project, the county shall ensure that significant impacts to historical resources and tribal cultural resources are avoided, minimized, or mitigated to the greatest extent feasible.
F. 
The requirements in Section 18.12.040 regarding confidentiality of recorded archaeological sites shall apply to this article, including tribal cultural resources.
(Ord. 6042-B § 1, 2020)
A. 
The planning services division, in consultation with the museums administrator or other authorized designee, as appropriate, shall review information on file with the county assessor's office to determine the built date of any building or structure present on the property to determine whether or not structures are present that are more than 45 years of age.
1. 
If buildings or structures are present that are more than 45 years of age at the time of proposed impact, then the county shall comply with Sections 15.60.150 and 15.60.180, and if subject to CEQA, the county shall make a determination on impact to historical resources in accordance with CEQA (Public Resources Code Section 21000 et seq., and 14 California Code Regulatory Section 15000 et seq.).
2. 
If the county or an applicant provides conclusive documentation that all buildings and structures are less than forty-five(45) years of age at the time of proposed impact, then the planning services division may elect to forego a resurvey, based on its discretion.
B. 
The planning services division shall, in consultation with the museums administrator, review information provided by the Information Center of the California Historical Resources Information System (CHRIS) maintained by the California Office of Historic Preservation. In addition, the planning services division shall obtain the results of a search of the Sacred Lands File from the California Native American Heritage Commission (NAHC) regarding the presence of known cultural resources within a project area. Records searches shall not be more than one year old at the time of review by the planning services division and shall include all on-and off-site areas subject to discretionary approval.
1. 
For projects in which the county is the project proponent, the planning services division shall acquire the results of a records search and literature review directly from the CHRIS for the subject property plus a minimum 0.25 mile radius and the results of a search from the NAHC Sacred Lands File.
2. 
For projects in which the project proponent is a private developer or non-county entity, the applicant shall submit the results of the records search and literature review for the subject property plus a minimum 0.25-mile radius from the CHRIS to the planning services division and the results of a search from the NAHC Sacred Lands File.
3. 
The planning services division shall review the results of the records search and make one of the following determinations:
a. 
If the CHRIS and/or the NAHC Sacred Lands File indicate that there are known cultural resources present, or if there is a potential for cultural resources, or if the property has not been subjected to a survey by a qualified professional within the past five years, then the planning services division shall require that the project area be subjected to a survey. All cultural resources identified by the survey shall be evaluated for significance in accordance with Section 15.60.080. The county shall make a determination on impacts to historical and tribal cultural resources in accordance with CEQA (Public Resources Code Section 21000 et seq., and 14 California Code Regulatory Section 15000 et seq.).
b. 
If the CHRIS and/or the NAHC Sacred Lands File indicate that there are no known cultural resources and that the project area has been subjected to a survey by a qualified professional within the past five years, then the planning services division may elect to forego a resurvey, based on its discretion. However, the provisions in Section 18.37.070 still apply for environmental review of discretionary approvals under CEQA.
(Ord. 6042-B § 1, 2020)
A. 
The county authorized representative shall comply with the procedures specified in Public Resources Code (PRC) Sections 21080.3.1, 21080.3.2, 21082.3, and 21084.3 to notify, consult, and mitigate for any significant impacts to tribal cultural resources.
B. 
The county's authorized representative is the authorized representative of the county in all tribal consultation under state law.
C. 
The community development resource agency shall maintain a list of California Native American tribes, as defined in PRC Section 21073, which requested notification of discretionary projects under its jurisdiction pursuant to PRC Section 21080.3.1, subdivision (b)(1).
D. 
Within 14 days of determining that an application for a discretionary project is complete and the county is ready to undertake CEQA review, the county's authorized representative shall notify, by letter, all tribes that requested notification and afford them 30 days to respond to accept or decline consultation.
E. 
Within 30 days of receiving a written acceptance from a tribe, the county's authorized representative shall initiate consultation with the tribe.
F. 
The county's authorized representative shall take into consideration information provided by the tribe during consultation when making the required determinations of impact during the CEQA process, and shall conclude consultation as specified in Section 21080.3.2(b) of the PRC prior to adopting or certifying the CEQA document.
(Ord. 6042-B § 1, 2020)