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Agenda Packet_2024-09-17
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Agenda Packet_2024-09-17
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Clerk of the Council
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9/17/2024
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Related Bristol Mixed-Use Project CEQA Findings of Fact <br /> <br />City of Santa Ana 72 <br />CEQA Findings of Fact <br />September 2024 <br />pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, <br />drilling, and trenching. <br />B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to <br />the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit <br />necessary to commence a ground-disturbing activity. <br />C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant <br />ground-disturbing activities, the type of construction activities performed, locations of ground- <br />disturbing activities, soil types, cultural-related materials, and any other facts, conditions, <br />materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any <br />discovered TCRs, including but not limited to, Native American cultural and historical artifacts, <br />remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as <br />any discovered Native American (ancestral) human remains and burial goods. Copies of monitor <br />logs will be provided to the Project Applicant upon written request to the Tribe. <br />D. Onsite tribal monitoring shall conclude upon the earlier of the following (1) written confirmation <br />to the Kizh from a designated point of contact for the Project Applicant or lead agency that all <br />ground-disturbing activities and phases that may involve ground-disturbing activities on the <br />project site or in connection with the project are complete; or (2) a determination and written <br />notification by the Kizh to the Project Applicant or Lead Agency that no future, planned <br />construction activity and/or development/construction phase at the Project site possesses the <br />potential to impact Kizh TCRs. <br />Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non- <br />Funerary/Non-Ceremonial) <br />A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery <br />shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered <br />TCR has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. <br />The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems <br />appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, <br />including for educational, cultural and/or historic purposes. <br />Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated <br />Funerary or Ceremonial Objects <br />A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or <br />cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called <br />associated grave goods in Public Resources Code Section 5097.98, are also to be treated <br />according to this statute. <br />B. If Native American human remains and/or grave goods are discovered or recognized on the <br />project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section <br />7050.5 shall be followed. <br />C. Human remains and grave/burial goods shall be treated alike per California Public Resources <br />Code section 5097.98(d)(1) and (2). <br /> <br /> <br />City Council 22 – 117 9/17/2024
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