Definitions
AB 52
California Assembly Bill 52 (AB 52) is a piece of legislation adopted in 2014 aimed at enhancing the consideration of tribal cultural resources during the environmental review process under the California Environmental Quality Act (CEQA). It requires state and local agencies to consult with Native American tribes that have requested notification about projects potentially affecting their cultural resources, such as sacred sites or historical properties. The bill mandates early consultation, identified a definition for tribal cultural resources, and ensures that feasible mitigation measures are considered to avoid or reduce impacts on these resources. AB 52 aims to ensure that the voices and concerns of California Native American tribes are integrated into project planning and development.
15183 Exemption
The 15183 exemption from CEQA allows certain projects to be exempt from detailed environmental review if they are consistent with the development density established by a previously approved plan, such as a general plan or specific plan, that has already undergone an Environmental Impact Report (EIR). This exemption applies when the environmental impacts of the project do not introduce any new significant environmental effects or effects “peculiar to the site” not already addressed in the original EIR. Essentially, it streamlines the review process for projects that align with existing land use policies and planning frameworks.
The County often uses CEQA 15183 exemptions for projects that are consistent with the County's 2011 General Plan; however, it should be noted that these projects are not subject to AB52 and the CEQA exemption is based on the 2011 General Plan EIR which does not address Tribal Cultural Resources as defined by AB 52 legislation. Although tribal consultation is not required, the County's Project Planning division implements an alternative consultation process with tribes.
CEQA
The California Environmental Quality Act (CEQA) is a state law that requires state and local agencies to assess the environmental impacts of proposed projects before they are approved or carried out. CEQA aims to inform decision-makers and the public about the potential effects of projects on the environment, including air, water, wildlife, and human health. It also requires public participation, identifies ways to avoid or reduce environmental harm, and requires mitigation measures when feasible. The law is intended to promote public disclosure about the potential environmental impacts of projects and ensure that environmental considerations are integrated into planning and development processes across California.