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Agenda Packet_2024-10-15
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Agenda Packet_2024-10-15
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Clerk of the Council
Date
10/15/2024
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Final Initial Study and Mitigated Negative Declaration <br />Final Mitigated Negative Declaration 5 October 2024 10th and Flower Street Park Project 2023-145 <br />appropriate, and for any purpose the consulting culturally affiliated Tribes deem appropriate, <br />including for educational, cultural and/or historic purposes. <br />TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial <br />Objects. If human remains or funerary objects are encountered during any activities <br />associated with the Project: <br /> Work in the immediate vicinity (i.e., not less than the surrounding 100 feet) shall cease <br />and the Orange County Coroner shall be contacted pursuant to State Health and Safety <br />Code §7050.5 and that code shall be enforced for the duration of the Project. Inadvertent <br />discoveries of human remains and/or funerary object(s) are subject to California State <br />Health and Safety Code Section 7050.5, and the subsequent disposition of those <br />discoveries shall be decided by the Most Likely Descendant (MLD), as determined by the <br />Native American Heritage Commission (NAHC), should those findings be determined as <br />Native American in origin. <br /> The designated MLD will have 48 hours from the time access to the property is granted <br />to make recommendations concerning treatment of the remains. If the landowner does <br />not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of <br />the PRC). If no agreement is reached, the landowner must rebury the remains where they <br />will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording <br />the site with the NAHC or the appropriate Information Center; using an open space or <br />conservation zoning designation or easement; or recording a reinternment document <br />with the county in which the property is located (AB 2641). <br /> Work may not resume within the no-work radius until the lead agencies, through <br />consultation as appropriate, determine that the treatment measures have been <br />completed to their satisfaction. <br /> <br /> <br /> <br />City Council 12 – 40 10/15/2024
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