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4.3 – Cultural and Tribal Cultural Resources <br />Draft Environmental Impact Report February 2021 <br />14800 W. Schulte Road Logistics Center 4.3-7 <br />construction, or represents the work of an important creative individual, or possesses high artistic values; or (d) has <br />yielded, or may be likely to yield, information important in pre-history or history. <br />The term “historical resource” also includes any site described in a local register of historic resources, or identified <br />as significant in a historical resources survey (meeting the requirements of PRC Section 5024.1[q]). <br />CEQA also applies to “unique archaeological resources.” PRC Section 21083.2(g) defines a “unique archaeological <br />resource” as any archaeological artifact, object, or site about which it can be clearly demonstrated that, without <br />merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: <br />• Contains information needed to answer important scientific research questions and that there is a <br />demonstrable public interest in that information. <br />• Has a special and particular quality such as being the oldest of its type or the best available example of its type. <br />• Is directly associated with a scientifically recognized important prehistoric or historic event or person. <br />In 2014, CEQA was amended to apply to “tribal culture resources” as well, but the amendment did not provide a <br />definition for such resources or identify how they were to be evaluated or mitigated (PRC Sections 21084.2 and <br />21084.3). Instead, PRC Section 21083.09 required that the Office of Planning and Research develop and adopt <br />guidelines for analyzing “tribal cultural resources” by July 1, 2016. As of the effective date o f this report, however, <br />those guidelines have not been finalized or adopted. Consequently, this report addresses only historic resources <br />and unique archaeological resources. <br />All historical resources and unique archaeological resources as defined by statute are presumed to be historically <br />or culturally significant for purposes of CEQA (PRC Section 21084.1; CEQA Guidelines Section 15064.5[a]). The <br />lead agency is not precluded from determining that a resource is a historical resource even if it does not fall within <br />this presumption (PRC Section 21084.1; CEQA Guidelines Section 15064.5[a]). A site or resource that does not <br />meet the definition of “historical resource” or “unique archaeological resource” is not considered significant under <br />CEQA and need not be analyzed further (PRC Section 21083.2[a]; CEQA Guidelines Section 15064.5[c][4]). <br />Under CEQA, a significant cultural impact results from a “substantial adverse change in the significance of an <br />historical resource [including a unique archaeological resource]” due to the “physical demolition, destruction, <br />relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical <br />resource would be materially impaired” (CEQA Guidelines Section 15064.5[b][1]; PRC Section 5020.1[q]). In turn, <br />the significance of a historical resource is materially impaired when a project: <br />• Demolishes or materially alters in an adverse manner those physical characteristics of an historical <br />resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in <br />the California Register; or <br />• Demolishes or materially alters in an adverse manner those physical characteristics that account for its <br />inclusion in a local register of historical resources pursuant to section 5020.1(k) of the Public Resources <br />Code or its identification in an historical resources survey meeting the requirements of section 5024.1(g) <br />of the Public Resources Code, unless the public agency reviewing the effects of the project establishe s by <br />a preponderance of evidence that the resource is not historically or culturally significant; or <br />• Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource <br />that convey its historical significance and that justify its eligibility for inclusion in the California Register as <br />determined by a lead agency for purposes of CEQA.