4.3 CULTURAL RESOURCES

Transcription

1 4.3 CULTURAL RESOURCES This section of the EIR analyzes the proposed project s potential impacts on archaeological and paleontological resources. This analysis summarizes the findings of the Archaeological and Paleontological Resources Assessment for the Beach and Orangethorpe Mixed-Use Development Project, City of Buena Park, Orange County, California, prepared by BonTerra Consulting, dated January 2008, and located in Appendix E of this Draft EIR METHODOLOGY Archaeological Resources An archaeological/historical resources records search for the project site and the surrounding one-mile radius was completed at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton on November 1, The SCCIC is the designated repository of the California Historical Resources Information System (CHRIS) for records concerning archaeological and historic resources and associated studies in Orange County. The records search provided data on known archaeological and constructed resources, as well as previous studies within one mile of the project site. Data sources consulted at the SCCIC include archaeological records, Archaeological Determinations of Eligibility, historic maps, and the Historic Property Data File (HPDF) maintained by the California Office of Historic Preservation (OHP). The HPDF contains listings for the National Register of Historic Places (National Register) and/or the California Register of Historical Resources (California Register), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). BonTerra Consulting also consulted published references on Orange County historical sites for lists of locally designated historical resources. An archaeological field survey of the undeveloped portion of the project site was conducted by BonTerra Consulting Cultural Resources Specialist Paul O. Shattuck on November 12, The survey focused on the undeveloped portion of the project site, though exposed ground in front yards of the surrounding structures was also examined. The survey of the undeveloped area consisted of a series of parallel pedestrian transects spaced no greater than 15 meters (approximately 49 feet) apart. Photographs of existing buildings and the surrounding area were taken with an Olympus C-740 digital camera. No global positioning system (GPS) data were collected. The determination of the proposed project s consistency with cultural resources-related local and regional plans and policies is discussed in Section 4.7, Land Use and Planning. Native American Coordination Two separate inquiries were made of the Native American Heritage Commission (NAHC). The first requested a review of the Sacred Lands File database regarding the possibility of Native American cultural resources in the project vicinity that are not documented on other databases. Pursuant to Senate Bill (SB) 18 (Government Code, Section ), for general plan and specific plan projects, local governments are required to consult with NAHC-identified California Native American tribes for the purpose of protecting and/or mitigating impacts to cultural places. The NAHC was contacted for its list of Native American tribal representatives for the project site in order that the City could offer to initiate government-to-government consultation consistent with the requirements of SB 18; the NAHC identified five tribes. The City of Buena Park transmitted letters to these tribes on December 11, 2007, which requested any pertinent R:\PAS\Projects\BuenaPa\J002\Draft EIR_Aug08\4.3_Cultural doc Cultural Resources

2 information regarding Native American sacred sites that are not listed by the NAHC and offered to engage in government-to-government consultation. The recipients had 90 days from the date of the City s letter to initiate the consultation process. On the behalf of the City, BonTerra Consulting made follow-up telephone calls to the five NAHC-listed organizations on April 4, 2008, regarding the request for consultation so as to ensure a good-faith-effort of participation. As of this date, the City has received no comments or additional information from the tribes contacted. A summary of the SB 18 consultation process is provided in the Cultural Report. Paleontological Resources A paleontological resources records search and scientific literature review for the project area was conducted by Dr. Samuel McLeod, Curator of Vertebrate Paleontology at the Natural History Museum of Los Angeles County (NHMLAC) on October 6, Dr. McLeod is a qualified Paleontologist with extensive experience in Orange County. The records search and literature review provided information on geologic formations, known fossil types and localities; any published studies within the project area and in the general vicinity; and recommendations to mitigate impacts to significant non-renewable paleontological resources REGULATORY SETTING State Senate Bill 18 Senate Bill (SB) 18 (Government Code, Section ) incorporates the protection of California traditional tribal cultural places into land use planning for cities, counties, and agencies by establishing responsibilities for local governments to contact, refer plans to, and consult with California Native American tribes as part of the adoption or amendment of any general or specific plan proposed on or after March 1, SB 18 requires public notice to be sent to tribes listed on the Native American Heritage Commission s SB 18 Tribal Consultation list within the geographical areas affected by the proposed changes. Tribes must respond to a local government notice within 90 days (unless a shorter time frame has been agreed upon by the tribe), indicating whether or not they want to consult with the local government. Consultations are for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections and of the Public Resources Code that may be affected by the proposed adoption or amendment to a general or specific plan EXISTING CONDITIONS Archaeological Resources The results of the archaeological/historical records search indicate that 13 archaeological and/or historical studies have been conducted within 1 mile of the project site (refer to Appendix E for the complete listing). None of these studies include any portion of the project site, although two surveys border the project area along Orangethorpe Avenue. This indicates that the project site has likely never been surveyed for archaeological resources. Brief summaries of each of the studies are provided in Appendix E. No previously recorded archaeological resources have been identified within one mile of the project site, though some of the surveys noted did identify resources outside the search radius. R:\PAS\Projects\BuenaPa\J002\Draft EIR_Aug08\4.3_Cultural doc Cultural Resources

3 The results of the archaeological field survey indicate that the majority of the project site, and primarily the central portion of the site, is currently undeveloped with no indications of development in the past. No prehistoric or historic cultural resources were observed as a part of the survey. The ground has previously been disturbed by disking in order to reduce vegetation. The surrounding developed property contains both commercial and residential structures. Examination of these parcels was limited to inspection from the street. Among these parcels is a circa 1930 residential structure at 7851 Orangethorpe Avenue. Because of its age, there is an increased likelihood of encountering buried deposits, although no evidence of deposits was noted. The historic USGS 15-minute (15 ) Anaheim topographic quadrangle (1896) depicts several roads, including Orangethorpe Avenue, within the one-mile radius. No buildings are depicted in the immediate vicinity of the project area during this period. The historic USGS 15 Anaheim topographic quadrangle (BonTerra Consulting 2008) depicts buildings along the project perimeter within the project area. Review of the maps with regard to the central undeveloped portion of the project area indicates the area has never been developed. Native American Heritage Commission Consultation The NAHC review of the Sacred Lands File on October 10, 2007, failed to indicate the presence of Native American cultural resources in the immediate area (Singleton 2007; see Appendix C of Appendix E of this EIR). As previously noted, no correspondence has been received from the tribes contacted by the City as required by SB 18 (Appendix C of Appendix E of this EIR). Paleontological Resources The NHMLAC reports that the project site and surrounding area are situated on younger terrestrial Quaternary Alluvium. The surficial deposits consist of younger Quaternary Alluvium, which has a low potential to contain significant non-renewable paleontological resources. The younger alluvium likely overlies older Quaternary Alluvium and possibly La Habra Formation deposits, both of which have a high potential to contain significant non-renewable paleontological resources throughout Orange County and the Santa Ana Basin. The NHMLAC has indicated that older Quaternary Alluvium would likely be encountered at depths greater than six feet below ground surface within the project site and surrounding area. The NHMLAC reported that no fossil localities have been recorded within the project site and surrounding area. However, a fossil horse (Equus sp.) was found within similar older Quaternary Alluvium at a depth of between eight and ten feet below the ground surface approximately ten miles to the east-southeast in the city of Orange (McLeod 2007) THRESHOLDS OF SIGNIFICANCE Criteria for Determining Significant impacts The following significance criteria are derived from Appendix G of the State CEQA Guidelines. The project would result in a significant impact related to cultural resources if it would: Threshold 3.1: Threshold 3.2: Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section of the State CEQA Guidelines. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature. R:\PAS\Projects\BuenaPa\J002\Draft EIR_Aug08\4.3_Cultural doc Cultural Resources

4 As previously discussed in Section 2.2.2, Effects Found Not to be Significant, during preparation of the Initial Study, the City of Buena Park determined that the proposed project would not have a significant impact for the following thresholds and no further analysis of these issues is presented in this section. Would the project cause a substantial adverse change in the significance of a historical resource as defined in ? Would the project disturb any human resources, including those interred outside of formal cemeteries? ENVIRONMENTAL IMPACTS The assessment of cultural resources assumed that the entire project site could be excavated or otherwise disturbed by implementation of the proposed project. The cultural and paleontological resource records searches, literature review, and site survey described previously include not only the project site, but the surrounding area and are also applicable to off-site project-related features and mitigation improvements that would result in ground disturbance. Impact Analysis Threshold 3.1: Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to ? Phase 1 and Phase 2, Off-Site Project Features, and Caltrans-Related Project Features Implementation of the proposed project has a low potential to encounter subsurface archaeological sites. Although no archaeological resources were identified within or in the area surrounding the project site or in off-site areas associated with project implementation and/or mitigation, the presence of significant subsurface archaeological resources is always possible. The potential to encounter previous unknown archaeological resources during excavation and construction activities for project implementation is a potentially significant impact. This impact would be reduced to a level considered less than significant with implementation of Mitigation Measure (MM) 3-1. Impact 3.1: Ground disturbance activities (i.e., grading and excavation) could impact unknown archaeological resources resulting in a potentially significant impact. This impact would be mitigated to a level considered less than significant with implementation of MM 3-1. Threshold 3.2: Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature? Phase 1 and Phase 2, Off-Site Project Features, and Caltrans-Related Project Features As previously noted, the site has high paleontological sensitivity with the potential to contain significant fossils at depths of six feet or more below ground surface on the project site and in surrounding areas (including off-site impact areas and areas within Caltrans right-of-way where project features would be implemented). Because project implementation assumes excavation to depths greater than six feet, the proposed project may impact significant fossil resources. Because geologic deposits of high paleontological sensitivity are not expected to be encountered at depths shallower than six feet, no significant impacts would be anticipated R:\PAS\Projects\BuenaPa\J002\Draft EIR_Aug08\4.3_Cultural doc Cultural Resources

5 where ground disturbance would be less than six feet below the existing ground surface. However, there is the possibility that paleontological resources exist at shallow subsurface levels. Therefore, grading or excavation activities could impact undiscovered paleontological resources. This potential loss of resources is considered a potentially significant impact. Implementation of MM 3-2 would reduce this impact to a level considered less than significant. Impact 3.2: Ground disturbance activities (i.e., grading and excavation) could impact paleontological resources resulting in a potentially significant impact. This impact would be reduced to a level considered less than significant with implementation of MM CUMULATIVE IMPACTS The cumulative study area for archaeological and paleontological resources is defined as areas within the City of Buena Park. Direct impacts to on-site cultural resources are site-specific. As defined in Section of the CEQA Guidelines, a cumulative impact consists of an impact that is created as a result of the incremental effects of the project evaluated in the EIR together with the effects of other projects causing related impacts. Although the project, in conjunction with the effects of past projects, other current projects, and probable future projects (refer to Section 3.7, Basis of Cumulative Impact Analysis) may result in the disturbance of prehistoric archaeological resource sites and paleontological resources throughout the region, the City requires the mitigation of impacts to these resources. Therefore, despite the site-specific nature of the resources, the mitigation identified for use in the event that unknown or undocumented resources were discovered would reduce the potential for cumulative impacts. This includes the collection of artifacts that may contribute to local and regional history and prehistory. As a result, anticipated development in the project region would not contribute to a significant cumulative impact on archaeological or paleontological resources or result in a significant cumulative loss in regional history or prehistory. As a result, development of the proposed project would not contribute to a significant cumulative impact on cultural resources. The project would not contribute to a cumulative effect on historic resources because the site does not contain any historically significant resources MITIGATION PROGRAM Mitigation Measures MM 3-1 MM 3-2 Should archaeological resources be encountered during ground-disturbance activities (i.e., grading and excavation), a qualified Archaeologist shall implement procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the resources, as appropriate. If the archaeological resources are found to be significant, the Archaeologist shall determine appropriate actions in cooperation with the City of Buena Park for preservation and/or data recovery. The Archaeologist shall prepare any excavated material to the point of identification. Following the completion of evaluation/data recovery, the Archaeologist shall prepare a report detailing the results of the program to be presented to the City of Buena Park Community Development Department for approval. The report shall follow guidelines of the California Office of Historic Preservation. Prior to the issuance of the first grading permit for ground-disturbance activities (i.e., grading and excavation), the Property Owner/Developer shall submit a Paleontology Treatment Program and Mitigation Plan (Plan), prepared by an Orange R:\PAS\Projects\BuenaPa\J002\Draft EIR_Aug08\4.3_Cultural doc Cultural Resources

6 County-certified Paleontologist and submitted to the City of Buena Park that ensures the following: a. A County-certified Paleontologist has been retained and shall be present at the pre-grading meeting. b. Paleontologic monitoring shall be conducted as determined necessary by the Supervising Paleontologist during grading and other excavation work. Recommended hours for monitoring activities shall be established by the Supervising Paleontologist and shall be outlined in the Plan. It shall be the responsibility of the Supervising Paleontologist to demonstrate, to the satisfaction of the City, the appropriate level of monitoring necessary based on the tentative map level grading plans, when available. Because of the potential for producing small fragments of vertebrate microfossils, periodic screening of sands from cuts in these units shall be done by the Paleontological Monitor. Such material may be removed in bulk and screened off site to minimize interference with grading operations. c. Any paleontological work at the site shall be conducted under the direction of an Orange County-certified Paleontologist. d. If a fossil discovery occurs during grading operations when a Paleontological Monitor is not present, grading shall be diverted around the area until the Monitor can survey the area. e. Any fossils recovered during the development, along with their contextual stratigraphic data, shall be donated to the County of Orange, or other appropriate institution with an educational and research interest in the materials. A final report detailing findings and disposition of specimens shall be submitted to the City of Buena Park Community Development Department LEVEL OF SIGNIFICANCE AFTER MITIGATION Potentially significant impacts to archeological and paleontological resources would be reduced to a level considered less than significant with implementation of MM 3-1 and MM 3-2. R:\PAS\Projects\BuenaPa\J002\Draft EIR_Aug08\4.3_Cultural doc Cultural Resources