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consulting tribes (Gabrieleno Band of Mission Indians-Kizh Nation and the Juaneno Band <br /> of Mission Indians, Acjachemen Nation-Belardes) and all subsequent finds shall be <br /> subject to this Plan. The consultation effort is intended to be a meaningful and timely <br /> process of seeking, discussing, and considering carefully the views of others, in a manner <br /> that is cognizant of all parties' cultural values and, where feasible, seeking agreement on <br /> the appropriate treatment and disposition of TCRs discovered. Final disposition of any <br /> excavated resources may include, but would not be limited to, reburying, relocating, <br /> recording, and/or another culturally appropriate treatment such as transfer to one of the <br /> consulting tribes for any purpose the Tribe deems appropriate, including for educational, <br /> cultural and/or historic purposes. If it is determined that mutual agreement cannot be <br /> reached within 30 days of the initial consultation meeting, the Plan shall be written such <br /> that any excavated resources shall be reinterred on site in a location free from future <br /> ground-disturbing construction activities after documentation is complete. Project <br /> construction will not resume within the immediate vicinity of the discovery (i.e., not less <br /> than the surrounding 50 feet) until the Cultural Resources Monitoring and Treatment Plan <br /> is prepared and implemented to the satisfaction of the City. <br /> Additionally, the City finds that the Project will implement the following regulatory requirements <br /> (Draft Supplemental EIR, p. 4.14-4): <br /> RR TCR-1: As per Assembly Bill 52, within 14 days of deciding to undertake a project or <br /> determining that a project application is complete, the lead agency must provide formal <br /> written notification to all tribes who have requested it. <br /> RR CULA: California Health and Safety Code Section 7050.5 requires that if human <br /> remains are discovered within the proposed project site, disturbance of the site shall halt <br /> and remain halted until the coroner has investigated the circumstances, manner, and <br /> cause of any death, and the recommendations concerning the treatment and disposition <br /> of the human remains have been made to the person responsible for the excavation, or to <br /> his or her authorized representative. If the coroner determines that the remains are not <br /> subject to his or her authority and if the coroner recognizes or has reason to believe the <br /> human remains to be those of a Native American, he or she shall contact, by telephone <br /> within 24 hours, the Native American Heritage Commission. <br /> Explanation of the Rationale: The rationale and facts supporting the above finding are fully <br /> developed in Section 4.14, Tribal Cultural Resources, pages 4.14-9 through 4.14-12 of the Draft <br /> Supplemental EIR and in Chapter 3, Revisions to the Draft Supplemental EIR, of the Final <br /> Supplemental EIR. The following presents a summary of that rationale: <br /> The Project's Sacred Lands File search yielded negative results and additional research identified <br /> no historical or archaeological resources within the Project site and a 0.5-mile radius. The City <br /> consulted with the Gabrieleno Band of Mission Indians-Kith Nation and the Juaneno Band of <br /> Mission Indians, Acjachemen Nati on-Bela rdes. Due to the Project site's location in an area where <br /> Native American tribes are known to have a cultural affiliation, there is the possibility that <br /> archaeological resources, including tribal cultural resources, could be encountered during ground <br /> disturbing construction activities. As previously discussed, excavations for the Project are <br /> anticipated to disturb a large part of the Project site to a maximum depth of approximately 52 feet <br /> Resolution No. 2025-041 <br /> Page 85 of 140 <br />