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75D - PH - 2525 N MAIN
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11/14/2019 7:54:38 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75D
Date
11/19/2019
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3.12 Tribal Cultural Resources <br />Summary of Impacts Identified in the EIR <br />Impacts related to tribal cultural resources were evaluated in Section 4.12, Tribal Cultural Resources, of the DEIR. As <br />described, the Project site has been heavily disturbed to substantial depths in various areas and no substantial <br />evidence exists that tribal cultural resources are present. However, during the SB 18/AB 52 consultation, the <br />Gabrieleno Band of Mission Indians — Kizh Nation stated that the Project lies within its ancestral tribal territory within <br />a sensitive area. Therefore, to avoid potential adverse effects to unknown tribal cultural resources Mitigation Measure <br />TCR-1 was included to provide for Native American resource sensitivity training and to prescribe activities should any <br />inadvertent discoveries of tribal cultural resources be unearthed by Project construction activities. <br />Additionally, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered at the <br />Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If <br />the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within <br />24 hours, the Native American Heritage Commission. Therefore, with implementation of Mitigation Measure TCR-1 <br />and the existing regulations, impacts to tribal cultural resources from implementation of the Original Project was <br />determined to be less than significant. <br />Comparison of Impacts Associated with the Proposed Modified Project <br />Consistent with Original Project, the Modified Project would also involve demolition, excavation, and grading activities <br />that would disturb the site soils. As a result, the Modified Project would also be required to implement Mitigation <br />Measure TCR-1, which would reduce potential impacts to a less than significant level. However, the subterranean <br />parking for the Modified Project would be 13,300 square feet smaller than the subterranean parking for the Original <br />Project. Thus, less excavation would occur, and increased impacts related to tribal cultural resources would not result <br />from implementation of the Modified Project. No new or greater impacts related to tribal cultural resources would <br />occur from implementation of the Modified Project. <br />Conclusion for Tribal Cultural Resources <br />Consistent with the Original Project, the Modified Project would involve excavation and disturbance of onsite soils <br />and Mitigation Measure TCR-1 would be required to reduce potential impacts to a less than significant level. With <br />Mitigation Measure TCR-1 no new or greater impacts related to tribal cultural resources would occur. Based on the <br />foregoing, none of the conditions identified in CEQA Guidelines Section 15088.5 that would trigger the need to <br />prepare a recirculated EIR or other environmental document exist. The Modified Project would not result in either a <br />new significant environmental impact or a substantial increase in the severity of a previously identified impact. <br />EIR Mitigation Measure <br />Mitigation Measure TCR-1: Inadvertent Discoveries. The Project's grading and construction plans and specifications <br />shall state that prior to commencement of any excavation activities, a Native American shall be contacted to conduct <br />a Native American Indian Sensitivity Training for construction personnel. The training session includes a handout and <br />focus on how to identify Native American resources encountered during earthmoving activities and the procedures <br />followed if resources are discovered. <br />In the event that tribal cultural resources are inadvertently discovered during ground -disturbing activities, work must <br />be halted within 50 feet of the find until it can be evaluated by a qualified archaeologist in cooperation with a Native <br />American monitor to determine if the potential resource meet the CEQA definition of historical (State CEQA <br />Guidelines 15064.5(a)) and/or unique resource (Public Resources Code 21083.2(g)). Construction activities could <br />continue in other areas. <br />
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