Settlement Agreement, Declaration of Restrictive Covenant, and Conservation Easement – Puvungna
Summary
SCH Number
2021090304
Public Agency
California State University Board of Trustees
Document Title
Settlement Agreement, Declaration of Restrictive Covenant, and Conservation Easement – Puvungna
Document Type
NOE - Notice of Exemption
Received
Posted
9/16/2021
Document Description
The Project involves an area located in the northwestern portion of the CSULB campus that is depicted on Exhibit A (“Restricted Parcel”), attached to this Notice of Exemption. The Restricted Parcel is a portion of the tribal and historic site commonly known as “Puvungna.”
The Board of Trustees of the California State University (“CSU”) is entering into a Settlement Agreement to resolve litigation filed by the Juaneño Band of Mission Indians, Acjachemen Nation-Belardes, a Tribal Nation (“Tribe”), and California Cultural Resources Preservation Alliance, Inc. (“CCRPA”).
The Settlement Agreement requires CSU to record a Declaration of Restrictive Covenant (“Declaration”) over the Restricted Parcel within approximately 30 days. The Declaration will prohibit certain uses on the Restricted Parcel, including the construction or installation of new structures or improvements, to protect tribal and historic resources. The Declaration will also permit certain uses on the Restricted Parcel, including passive use by California Native American tribes and affiliated groups, maintenance, and emergency actions. Please refer to the Declaration for the full list of prohibited and permitted uses. The Declaration may be terminated if and when CSU establishes a Conservation Easement over the Restricted Parcel.
The Settlement Agreement further requires CSU to make a good faith effort to establish a perpetual Conservation Easement over the Restricted Parcel within two years. The Conservation Easement will be granted to a qualified grantee and may be managed by a qualified easement manager. The Conservation Easement will be subject to a long-term maintenance and management plan to be prepared in the future.
The prohibited and permitted uses will be the same as under the Declaration.
The Declaration and Conservation Easement are reasonably foreseeable consequences of the Settlement Agreement and are therefore treated as part of the Project and covered by this Notice of Exemption.
Contact Information
Name
Martin Grant
Agency Name
California State University Board of Trustees
Contact Types
Lead/Public Agency / Project Applicant
Phone
Email
Location
Coordinates
Cities
Long Beach
Counties
Los Angeles
Regions
Southern California
Cross Streets
Beach Drive, E. Atherton Street
Zip
90840-5805
State Highways
I-405, SR-1, SR-22
Airports
LGB Long Beach Airport
Waterways
Bouton Creek
Notice of Exemption
Exempt Status
Statutory Exemption
Type, Section or Code
PRC Section 21080.28
Reasons for Exemption
The Project meets the qualifying criteria for this statutory exemption, which is applicable to the "other transfer of interest in land by a public agency" for the "Preservation of historical resources" and the "Preservation of natural conditions existing at the time of transfer". The purposes of the Declaration of Restrictive Covenant, which, together with the Conservation Easement, are reasonably foreseeable consequences of the Settlement Agreement and therefore part of the Project, include recognition of the historic, cultural, and religious significance of the Restricted Parcel to the Native American community, and the imposition of permanent use restrictions that will generally maintain the Restricted Parcel in its current condition, protect tribal and historic resources, and preserve access for tribes and affiliated interested groups. Furthermore, the purpose of the Conservation Easement will be the perpetual protection of tribal cultural resources, historic, and archaeological resources on the Restricted Parcel.
Exempt Status
Categorical Exemption
Type, Section or Code
Section 15304, Class 4 (Minor Alterations to Land)
Reasons for Exemption
The Project meets the qualifying criteria for the Class 4 categorical exemption, which consists of “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes.” The Declaration and Conservation Easement will permit the shaping of construction soils deposited in 2019 by CSU to blend into the existing landscape, and the installation of native plants requiring minimal irrigation and with minimally invasive root systems.
Exempt Status
Categorical Exemption
Type, Section or Code
Section 15305, Class 5 (Minor Alterations in Land Use Limitations)
Reasons for Exemption
The Project meets the qualifying criteria for the Class 5 categorical exemption, which consists of minor alterations in land use limitations, in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. The Declaration and Conservation Easement will prohibit certain uses on the Restricted Parcel, including the construction or installation of new structures or improvements, to protect tribal and historic resources, and will also permit certain uses on the Restricted Parcel, including passive use by California Native American tribes and affiliated groups, maintenance, and emergency actions.
Exempt Status
Categorical Exemption
Type, Section or Code
Section 15325, Class 25 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historic
Reasons for Exemption
The Project meets the qualifying criteria for the Class 25 categorical exemption, which includes as eligible actions the "Acquisition, sale, or other transfer to preserve historical resources". purposes of the Declaration include recognition of the historic, cultural, and religious significance of the Restricted Parcel to the Native American community; and the imposition of permanent use restrictions that will generally maintain the Restricted Parcel in its current condition, protect tribal and historic resources, and preserve access for tribes and affiliated interested groups. The purpose of the Conservation Easement will be the perpetual protection of tribal cultural resources, historic, and archaeological resources on the Restricted Parcel. These Project purposes are consistent with the qualifying criteria specified in the Class 25 categorical exemption.
Exempt Status
Other
Type, Section or Code
Common Sense Exemption (Section 15061(b)(3))
Reasons for Exemption
The Project is covered by the Common Sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Declaration and Conservation Easement will not create new rights or entitlements that do not already exist on the Restricted Parcel. The Project is intended to recognize the historic, cultural, and religious significance of the Restricted Parcel to the Native American community, and protect tribal and historic resources on the Restricted Parcel. For these reasons and the reasons stated above for the statutory and categorical exemptions cited, the Project has been determined to have no possibility of causing a significant effect on the environment.
Attachments
Notice of Exemption
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