Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

Home Browse Search

4.17.2 Does the Project propose changes that would result in new significant impacts or substantial increase in the severity of significant impacts that will require major revisions of the Certified EIR? Assembly Bill (AB) 52 went into effect on July 1, 2015, and requires that for a project for which a Notice of Preparation (NOP) for a Draft EIR was filed on or after July 1, 2015, the lead agency is required to consult with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a proposed project, if: (1) the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area; and (2) the tribe requests consultation, prior to the release of a negative declaration, mitigated negative declaration or environmental impact report for a project. The NOP for the Certified EIR was released on March 10, 2006, and as such, the lead agency was not required to comply with the requirements of AB 52. The Final Certified EIR was released in 2007, and thus, did not include responses to the updated Appendix G questions related to tribal cultural resources. AB 52 tribal consultation is also only required prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. Because the Project relies on the Certified EIR as a later activity, no negative declaration, mitigated negative declaration, or environmental impact report will be released. Therefore, AB 52 tribal consultation is not required for the Project. The Certified EIR stated that according to the City of Santa Ana Land Use Element EIR, an archaeological records search at the UCLA Institute of Archaeology indicated there is a single recorded prehistoric site within the City. The site, near Santiago Creek in the northwest section of the City, contained grinding stones and was disturbed by the development of a residential subdivision in 1965. An additional six prehistoric sites are located within one mile of the City boundaries. Eighteen post contact (following European contact) archaeological sites have also been identified in the City. None of these known archaeological resources occur within the Overlay Zone boundaries. However, the presence of historic and archaeological sites in the City indicates that the City (including the Overlay Zone) has a potential for archaeological and historical resources and the resources of prehistoric and historic cultures may still be intact beneath existing developments. An archival records search for known archaeological sites was made at the SCCIC for a study area encompassing the Overlay Zone and an additional 1/2-mile "buffer zone" beyond the Overlay Zone boundaries. No archaeological sites have been identified within the Overlay Zone or within the 0.5-mile radius beyond the Overlay Zone included in the study area. This does not preclude the potential for archaeological sites to be identified during future ground -disturbing construction activities. Further, it should be noted that the Native American Heritage Commission was consulted with regard to the Overlay Zone, and no known Native American cultural resources are known to occur in the area. Cabrillo Town Center City of Santa Ana Technical Memorandum August 2023 City Council 18 — 636 10/3/2023