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Appendix G Cultural Resources Tech Report

CULTURAL AND PALEONTOLOGICAL RESOURCES INVENTORY REPORT FOR THE SUNPOINTE RESIDENTIAL PROJECT, CITY OF LAGUNA NIGUEL, ORANGE COUNTY, CALIFORNIA

P REPARED FOR :

City of Laguna Niguel Community Development Department 30111 Crown Valley Parkway Laguna Niguel, CA 92677 Contact: Jonathan Orduna, Senior Planner (949) 461-3466

P R E P A R E D B Y :

ICF 1525 B Street, Suite 1700 San Diego, CA 92101 Contact: Karen Crawford, MA, RPA (858) 444-3913

December 2016

ICF. 2016. Cultural and Paleontological Resources Inventory Report for the SunPointe Residential Project, City of Laguna Niguel, Orange County, California. Draft. December. (ICF 00126.14) Prepared for the City of Laguna Niguel Community Development Department, Laguna Niguel, California. National Archaeological Database Information

Author(s): Karen Crawford, MA, RPA Timothy Yates, Ph.D. Historian/Architectural Historian Karolina Chmiel, MA

Consulting Firm: ICF 525 B Street, Suite 1700 San Diego, CA 92101 (858) 444-3913

Report Date: December 7, 2016

Report Title: Cultural and Paleontological Resources Inventory Report for the SunPointe Residential Project, City of Laguna Niguel, Orange County, California.

Submitted by: ICF 9775 Businesspark Avenue, Suite 200 San Diego, CA 92131 (213) 300-6087

Submitted to: City of Laguna Niguel Community Development Department 30111 Crown Valley Parkway Laguna Niguel, CA 92677 Contact: Jonathan Orduna, Senior Planner (949) 461-3466

USGS Quadrangle: San Juan Capistrano, California. 7.5 series, (1:24,000) 1968 (PR 1981)

Acreage: 19.5 acres

Keywords: Cultural Resources Inventory, Laguna Niguel, SunPointe, T7S/R8W

Isolates: n/a

Sites: n/a

Summary of Findings

Euland Capital Enterprises (Applicant) proposes land use and zoning changes, along with approval of a Tentative Tract Map (TTM) that includes 71 single-family residential units, separated into six pad areas. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modification areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. The details of the project are described separately below.

The Applicant proposes the development of up to 71 small-lot single family residences on a 19.5- acre hillside, located in the northeastern portion of the City of Laguna Niguel (City). Implementation of the proposed project would require the City Council to approve: (1) a General Plan Amendment, (2) a Zone Change, (3) a TTM, and (4) a Site Development Permit. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modification areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site.

The project is subject to state environmental review requirements and the City of Laguna Niguel Department of Development Services is the lead agency under the California Environmental Quality Act (CEQA). The purpose of this Cultural Resources Inventory Report is to evaluate the potential for the proposed project to affect archaeological and built environment resources listed in or eligible for the California Register of Historical Resources (CRHR) or any resources considered historic resources for the purposes of CEQA.

The City extended an invitation to tribes identified by the Native American Heritage Commission (NAHC) to participate in AB52 consultation. The Gabrieleño Band of Mission Indians Kizh Nation entered into AB52 consultation with the City. AB52 consultation is confidential and includes discussion of project alternatives and tribal concerns about archaeological sensitivity of the project area and potential impacts to resources of tribal concern that may exist in the project area.

Cultural resources records search information was obtained from the South Central Coastal Information Center. No archaeological resources have been previously recorded within the project area. Three resources have been previously recorded within 0.5 mile of the project area, which consist of a disturbed marine shell scatter and potential midden soil (P-30-001603), a historic period water tank and valve box (P-30-001604), and a historic period barn (P-30-179860). A total of 29 previous cultural resource studies have been completed within 0.5 mile of the project area; of these, three cultural resources studies have been completed that include a portion of or adjoin the proposed project area.

ICF conducted field investigations for this study on August 12, 2015. Survey methods included a combination of intensive pedestrian survey, reconnaissance survey, and visual spot checking in those areas where paving exists. No archaeological resources were identified as a result of the current survey. The potential for archaeological resources to exist in the archaeological area of potential effects (APE) appears to be low.

If buried cultural materials or human remains are encountered during construction, work should stop in that area until a qualified archaeologist can evaluate the nature and significance of the find. Paleontological monitoring is recommended if ground disturbance will occur in sensitive Capistrano geologic formations. Additional survey will be required if the project changes to include areas not previously surveyed.

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Contents

Summary of Findings ...... iv List of Tables and Figures ...... iv List of Acronyms and Abbreviations ...... v

Page

Cultural and Paleontological Resources Inventory Report for the SunPointe Residential Project, City of Laguna Niguel, Orange County, California ...... 1 Introduction ...... 1 Project Location ...... 1 Project Site History ...... 1 Existing Site Conditions ...... 2 Proposed Project Description ...... 2 Site Development Plan ...... 2 Project Construction ...... 3 Project Personnel ...... 3 Regulatory Setting ...... 4 State ...... 4 Orange County ...... 6 Laguna Niguel General Plan ...... 7 Background ...... 8 Environmental Setting ...... 8 Prehistoric Setting ...... 8 Ethnographic Setting ...... 9 Historic Setting ...... 11 Methods ...... 14 SCCIC Records Search...... 14 Paleontological Records search ...... 17 Summary of Native American Consultation ...... 18 Field Methods ...... 18 Study Findings and Conclusions ...... 20 Cultural Resources ...... 20 Paleontology ...... 20 Management Considerations ...... 21 Cultural Resources ...... 21

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Paleontological Resources ...... 21 Unanticipated Discovery of Archaeological or Human Remains ...... 22 References ...... 24

Confidential Appendix A Cultural Resources Records Search Appendix B Paleontology Records Search Appendix C Outreach to Native Americans Confidential Appendix D AB52 Consultation

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Tables and Figures

Table Page

1 Orange County Guidance on Expected Field Monitoring Time Based on Paleontological Sensitivity of a Geologic Unit ...... 7

2 Previous Cultural Resources Studies Conducted Inside or within 0.5 Mile of the Project Area ...... 14

3 Previously Recorded Cultural Resources within 0.5 Mile of the Proposed Project Area ...... 17

Figure Follows Page

1 Vicinity Map ...... 2

2 Project Location ...... 2

3 Existing Conditions ...... 2

4 Westernmost Graded Homesite Pad and Paved Residential Road; Trail in Foreground, View Northeast ...... on 19

5 Easternmost Graded Homesite Pad and Paved Residential Street, View West ...... on 20

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Acronyms and Abbreviations

APE Area of Potential Effects Applicant Euland Capital Enterprises CEQA California Environmental Quality Act CHRIS California Historical Resources Information System City City of Laguna Niguel CRHR California Register of Historical Resources cy cubic yards GPS Global Positioning System HRER Historical Resources Evaluation Report MCASET Marine Corps Air Station El Toro MLD most likely descendant MNWD Moulton Niguel Water District NAHC Native American Heritage Commission PRC Public Resources Code project SunPointe Residential Project SCIC South Coastal Information Center SDP Site Development Permit SR State Route TTM Tentative Tract Map USGS United States Geological Survey

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Cultural and Paleontological Resources Inventory Report for the SunPointe Residential Project, City of Laguna Niguel, Orange County, California

Introduction This cultural resources inventory report has been prepared by ICF, at the request of the City of Laguna Niguel Department of Community Development, for the SunPointe Residential Project (project). The Applicant proposes land use and zoning changes, along with approval of a TTM that entails 71 single-family residential units, separated into six pad areas. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modification areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site.

A cultural resources survey and a paleontological resources file search were conducted for the project area, which is located in Township 7 S, Range 8 W within the United States Geological Survey (USGS) San Juan Capistrano 7.5’ quadrangle (1968, photorevised 1981).

This study was conducted in compliance with the CEQA as amended (Public Resources Code [PRC] §21000 et seq.), pursuant to the Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14 §15000 et seq.) and in accordance with industry standards for similar projects in Orange County. This study includes an archival cultural resources records search and intensive archaeological field survey, as well as a paleontological file search, and was designed to identify and record cultural resources within the project area. The purpose of this cultural survey was to assess whether archaeological, built environment or paleontological resources might be impacted by the proposed project. Project Location The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle. Figures 1 and 2 provide the general location of the proposed project area the vicinity of the proposed project site.

The proposed project site is situated on an east-facing hillside and bound on the north by Mira Vista residential development, on the east by Mercedes Benz of Laguna Niguel, on the south by a slope descending to Rancho Capistrano and Saddleback Church, and on the west by open space. An existing city bike trail borders the northern portion of the proposed project. Project Site History The project site was originally recorded as a residential tract in the 1960s and experienced mass grading to establish streets, utility infrastructure, and building pads for future homes. Further

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grading occurred in 1982 when Lots 1–21 and 24–35 were regraded. Similar to other locations throughout the City, the proposed project site had experienced landslide events that precluded buildout of the site. Existing paved streets within the site include Avenida del Caballo, Remolino Lejos Road, Calle de Cambio, Mar Bizcocho Road, and Hombre de Guerra Road. Existing Site Conditions The current configuration of the site is an irregular-shaped parcel located on a hillside and surrounded by sloped ridgelines. The site has been previously mass graded for 35 rough-graded residential lots with paved streets, curbs, gutters, manufactured slopes, and a trail (Figure 3). The site also includes existing underground and above-ground utilities, including an active Moulton Niguel Water District (MNWD) pump station, water mainlines, gas, electric, telephone, fire hydrants, electric transformers, and light standards. The elevation of the project site ranges between 250 and 455 feet above mean sea level. The site appears to be heavily disturbed from prior grading activities and short dense grasses are currently distributed throughout the site. There are currently no buildings on the project site.

Proposed Project Description The Applicant proposes land use and zoning changes, along with approval of a TTM that entails 71 single-family residential units, separated into six pad areas. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modification areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. The details of the project are described separately below.

The proposed project includes a General Plan Amendment to increase the allowable density from 35 units to 71 units in the Community Profile Area 3 and Colinas de Capistrano subarea. The additional units would result in a density of 3.6 dwelling units per acre. The proposed project also includes a Zone Change to modify the current RS-3 designation to Planned Residential District. Site Development Plan The proposed project has been designed to mirror as much of the existing site improvements as depicted in the recorded Final Map commonly known as Tract 5241, including the private streets interior to the subdivision. The proposed Site Development Permit (SDP) depicts a private main street extending from the current end of Avenue Del Caballo with curb-to-curb widths and street gradients that generally match the approved Final Map and existing street improvements. The residential cul-de-sacs that branch out from the main street occur in similar locations as in the previously approved Final Map and current improvements. The SDP demonstrates vehicular access in and around each cluster and shows the location of pedestrian walkways throughout the community as well as to each individual residence. The SDP meets the hammerhead criteria of Orange County Fire Authority as well as its brush management requirements.

The overall proposed topography of the site is also similar. The proposed SDP includes verdura (plantable) walls in many locations in various heights and lengths, providing additional support to the overall geotechnical stability of the site. The SDP treats all of the slopes as common area under ownership and maintenance of a future home owners association, which provides better long-term management of the approximately 8 acres of slope area.

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The SDP extends the existing Mercedes trail contemplated but never previously deeded to the City. The location and alignment of the trail as depicted on the SDP are in the originally contemplated location, switchback shape, and width.

The proposed SDP adds a vehicular entry gate that was once approved for the existing community. The building at the front of the entry gate would house the relocated MNWD pump station that currently sits at the top of the hill. The building would share the architectural character of the residential community.

Two parks are proposed within the site. The first would consist of a 0.39-acre lot in the northeastern portion of the site, near the entry, that would feature an orange grove, built-in BBQs and sinks, soft seating areas, a two-sided fireplace, seawalls, dining pavilion, shade trellis, Bocce Ball court, and landscaping. The second park would consist of a 0.12-acre pocket park in the center of the development that would feature a tot lot, shade trellis and tables, seawalls, and landscaped areas.

The 71 residential lots would comprise approximately 5.25 acres of the 19.5-acre site, with approximately 0.51 acre dedicated to the two parks. The site also includes 3.42 acres of streets, right-of-way, courtyards, and parking areas; 0.47 acre for the entry gate house/MNWD pump house; and 0.65 acre of open space/regional trail. The remaining 9.2 acres would consist of manufactured slopes and open areas. The proposed project would provide a total of 261 parking spaces, including 142 garage spaces, 40 parking stalls, and 79 street parking spaces, at a ratio of 3.7 spaces/unit.

The proposed project site is in an area that is subject to wildfires, and must include a Fuel Modification Plan. The Fuel Modification for the proposed project would consist of a minimum 10- foot Zone A, which would be increased to 20 feet wherever possible, followed by an irrigated 30- to 100-foot Zone B. In most instances the Fuel Modification would be a minimum of 120 feet wherever possible, with a few instances where it would be less than 100 feet (one location on the southernmost point, and one location along the eastern aspect). In these instances, a radiant heat wall or multiple radiant heat walls would be provided. The decreased Fuel Modification is proposed to be no less than 52 feet in one location. Project Construction The project would be implemented in five phases, generally from the north near the entry, toward the southern portion of the site. The full buildout is expected to occur within 1 year, but is dependent upon market conditions.

Proposed grading would require approximately 352,180 cubic yards (cy) of cut and 347,270 cy of fill. The Applicant has attempted to design the grading to balance on site to avoid import/export of material through the existing neighborhood. All grading would conform to the City of Laguna Niguel Grading and Excavation Code.

Project Personnel ICF archaeologists Karolina Chmiel, MA, and Mary Villalobos, BA, performed the cultural resources records search and completed the intensive pedestrian survey of the subject property on August 12, 2015. Karen Crawford, MA, RPA, authored this report with the assistance of Ms. Chmiel, who also provided GIS support for the project. Samuel A. McLeod Ph.D. of the Natural History Museum performed the vertebrate paleontological records search.

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Regulatory Setting State Cultural Resources

California Register of Historical Resources CEQA Guidelines (Section 15064.5) define a significant historical resource as a resource listed in, or determined eligible for listing in the California Register of Historical Resources (PRC Section 5024.1, Title 14 CCR, Section 4850 et seq.). A resource may be eligible for inclusion in the California Register of Historical Resources (CRHR) if it meets one or more of the following criteria: A. It is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage. B. It is associated with the lives of important historical figures. C. It embodies the distinctive characteristics of a type, period, region, or method of construction, represents the work of an important creative individual, or possesses high artistic value. D. It has yielded, or may be likely to yield, important prehistoric or historic information.

In addition to meeting one or more of these criteria, to be eligible for listing on the CRHR a resource also must retain integrity. Integrity is defined as the resource’s ability to convey its significant qualities or its period of significance and is expressed through seven factors: location, design, setting, workmanship, materials, feeling, and association.

If an archaeological resource does not fall within the definition of an historical resource, but does meet the definition of a “unique archaeological resource” (PRC 21083.2 (g)) then the site must be treated in accordance with the special provisions for such resources. An archaeological resource will be considered unique if, without merely adding to the current body of knowledge, it:

 Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information.

 Has a special and particular quality such as being the oldest of its type or the best available example of its type.

 Is directly associated with a scientifically recognized important prehistoric or historic event or person.

Even without a formal determination of significance and nomination for listing in the CRHR, the lead agency can determine that a resource is potentially eligible for such listing, to aid in determining whether a significant impact would occur. The fact that a resource is not listed in the CRHR, or has not been determined eligible for such listing, and is not included in a local register of historic resources, does not preclude an agency from determining that a resource may be a historical resource for the purposes of CEQA.

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Thresholds of Significance A project that may cause substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment (State CEQA Guidelines 15064.5(b)). The significance of an historical resource is materially impaired when a project:

 Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the CRHR.

 Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section 5020.1(k) of the PRC or its identification in an historical resource survey meeting the requirements of section 5024.1(g) of the PRC, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant

 Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its eligibility for inclusion in the CRHR as determined by the lead agency.

Government Code Section 65352.3 (SB 18) Consultation Senate Bill 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process. These consultation and notice requirements apply to approvals and amendments of both general plans (defined in Government Code §65300 et seq.) and specific plans (defined in Government Code §65450 et seq.).

Prior to the approval or any amendment of a general plan or specific plan, a local government must notify the appropriate tribes (on the contact list maintained by the Native American Heritage Commission [NAHC]) of the opportunity to conduct consultations for the purpose of preserving, or mitigating impacts on, cultural places on land within the local government’s jurisdiction that is affected by the proposed plan adoption or amendment. Tribes have 90 days from the date on which they receive notification to request consultation, unless a shorter timeframe has been agreed to by the tribe (Government Code §65352.3).

AB 52 (Chapter 532, Statutes of 2014) AB 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California Native American tribes as part of CEQA and equates significant impacts on tribal cultural resources with significant environmental impacts (PRC Section 21084.2). PRC Section 21074 defines tribal cultural resources as follows:

 Sites, features, places, sacred places, and objects with cultural value to descendant communities or cultural landscapes defined in size and scope that are included in or eligible for listing in the CRHR or included in a local register of historical resources.

 A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1.

Sacred places can include Native American sanctified cemeteries, places of worship, religious or ceremonial sites, and sacred shrines. In addition, both unique and non-unique archaeological

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resources, as defined in PRC Section 21083.2, can be tribal cultural resources if they meet the criteria detailed above. The lead agency relies upon substantial evidence to make the determination that a resource qualifies as a tribal cultural resource when it is not already listed in the CRHR or a local register.

AB 52 defines a “California Native American Tribe” (Tribe) as a Native American tribe located in California that is on the contact list maintained by the NAHC (PRC Section 21073). Under AB 52, formal consultation with Tribes is required prior to determining the level of environmental document if a Tribe has requested to be informed by the lead agency of proposed projects and if the Tribe, upon receiving notice of the project, accepts the opportunity to consult within 30 days of receipt of the notice. AB 52 also requires that consultation, if initiated, address project alternatives and mitigation measures for significant effects, if specifically requested by the Tribe. AB 52 states that consultation is considered concluded when either the parties agree to measures to mitigate or avoid a significant effect to tribal cultural resources, or when either the Tribe or the agency concludes that mutual agreement cannot be reached after making a reasonable, good-faith effort. Under AB 52, any mitigation measures recommended by the agency or agreed upon with the Tribe may be included in the final environmental document and in the adopted mitigation monitoring program if they were determined to avoid or lessen a significant impact on a tribal cultural resource. If the recommended measures are not included in the final environmental document, then the lead agency must consider the four mitigation methods described in PRC Section 21084.3 (PRC 21082.3[e]). Any information submitted by a Tribe during the consultation process is considered confidential and is not subject to public review or disclosure. It will be published in a confidential appendix to the environmental document unless the Tribe consents to disclosure of all or some of the information to the public.

Paleontological Resources

California Public Resources Code Several sections of the PRC protect paleontological resources. Section 5097.5 (a) states that no person shall knowingly and willfully excavate upon, or remove, destroy, injure, or deface, any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, rock art, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over the lands. Violation of this section is a misdemeanor. Section 5097.5 (b) states that "public lands" as used in this section means lands owned by, or under the jurisdiction of, the state, or any city, county, district, authority, or public corporation, or any agency thereof. Orange County Cultural Resources According to the Orange County General Plan, the City is not within an area of prehistoric archaeological sensitivity. However, the City is adjacent to the Aliso Creek corridor to the west, and the Area to the east, both of which have been designated as being generally sensitive for prehistoric archaeological resources.

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Paleontological Resources Orange County has established methods and standards to mitigate for impacts on paleontological resources (Eisentraut and Cooper 2002: 21). Orange County provides guidance on data collection, level of monitoring, and qualifications of the paleontologist. For data collection, Orange County has established specifics on data collection techniques (such as standardized data collection forms). These techniques and forms are provided in Eisentraut and Cooper (2002). The County has also established a system for correlating the paleontological sensitivity of the unit with the level of monitoring that may be needed (Table 1). Orange County also requires that the monitoring be conducted by an Orange County certified paleontologist (Eisentraut and Cooper 2002: 21).

Table 1. Orange County Guidance on Expected Field Monitoring Time Based on Paleontological Sensitivity of a Geologic Unit

Sensitivity Field Time Very high Full High Minimum three-quarter Moderate Half Low One-quarter None No Notes: Full-time and three-quarter time monitoring does not refer to a single person for the project but to a person per single area of concentrated grading activity. If a project has more than one area of concentrated grading activity, more monitors may be required. If paleontological resources are discovered that merit increased monitoring, the field time needed should be left to the paleontologist. Source: Eisentraut and Cooper 2002: 24.

Laguna Niguel General Plan The following goals and policies in the Open Space/Parks/Conservation Element are intended to conserve the City’s cultural and paleontological resources.

 Goal 7.0: Recognize significant cultural sites or features within the community.

 Policy 7.1: Review the technical data on sensitive cultural resources for all new development proposals.

 Policy 7.2: Require mitigation of impacts to significant areas of archaeological and paleontological resources.

 Policy 7.3: Preserve resources in their natural state, as much as feasible to assure their preservation and availability for later study. Require that uncovered resources are documented and retained in an appropriate museum or other institution.

 Action 7.3.1: Require effective mitigation measures where development may affect archaeological or paleontological resources.

 Action 7.3.2: Require the preparation of archaeological or paleontological reports in areas where there is potential to impact cultural resources.

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 Action 7.3.3: Require than an archaeologist or paleontologist be retained to observe grading activities in areas where the probable presence of archaeological or paleontological resources is indicated.

Background Environmental Setting The topography of the project area consists of a heavily disturbed flat, irregularly-shaped mass graded pad surrounded by steep manufactured slopes, with an elevation ranging from 250 to 455 feet above mean sea level. A trail runs through the site. Soils within the area of potential effects (APE) are mapped as Alo clay with 9 to 30 percent slopes (Wachtell 1978). Geologic exposures in the elevated terrain as well as bedrock in the entire proposed project area consist of the marine late Miocene siltstone facies of the Capistrano Formation .The flat graded area has been partially developed with paved streets, curbs, gutters, homesite pads, sidewalks and gutters, street lights, and utility infrastructure. Vegetation primarily consists of non-native grasses with some coastal sage scrub habitat and a few non-native Peruvian Peppercorn trees. Prehistoric Setting Archaeological investigations along coastal have produced a diverse range of human occupation, extending from the early Holocene into the ethnohistoric period. During the past 70 years, more than a dozen prehistoric cultural sequences have been presented for coastal southern California (Reddy 2000). The goal of each specific chronological sequence has varied considerably, although generally it has been to sequentially divide prehistory based on traits observed in the archaeological assemblages (Reddy 2000). Scholars have produced several terminological frameworks, using such terms as culture, horizon, period, stage, and tradition.

Relatively few archaeological studies have been conducted within the study area. A review of the culture history sections in previously generated technical reports for the project area and surrounding region revealed that no single chronological terminology has received extensive acceptance in this region. Some of the most regularly applied terminological frameworks are the approaches taken by Wallace (1955, 1978), Warren (1968), and Koerper (1981).

Wallace provided a synthesis of existing data for southern California based on broad cultural similarities. This work was based in the normative paradigm of cultural-historical archaeology, with emphasis on cultural descriptions and distributions. Many archaeologists have incorporated, and continue to incorporate, sites into this chronology. The new data has resulted in a necessary refinement to these chronologies, because Wallace formulated his horizon scheme before the availability of radiocarbon dating (Koerper 1981). Warren introduced a terminological framework to replace Wallace’s original scheme. Warren’s approach reflected a changing archaeological paradigm in which the natural environment is elevated from a casual component to an important part of cultural patterning and change (Koerper 1981, Reddy 2000). Recognizing the lack of agreement concerning the best cultural chronologies for the Tustin Plain-Newport Bay area, Koerper produced a sub-regional chronology specifically for Orange County sites.

Another widely adopted framework for southern California comes from Moratto (1984). Moratto provided a broad synthesis of prehistoric occupation in California that is separated into four

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temporal horizons, as shown in. The earliest identified archaeological cultures are variously known as either Early Man Horizon (Wallace 1955, Moratto 1984), San Dieguito Tradition (Warren 1968), or pre-Milling Stone Cultures (Koerper 1981). According to Moratto, Early Man Horizon is distinguished by the first appearance of people in this region, approximately 11,000 years ago, until about 5000 B.C. Although little is known about these people, it is assumed that they were semi nomadic and subsisted primarily on game.

The San Dieguito/Early Man Traditions are followed by the archaeological cultures referred to as either Milling Stone Horizon (Wallace 1955, 1978, Koerper 1981, Moratto 1984) or Encinitas Tradition (Warren 1968). However, Koerper (1981) argues this next period begins much earlier (7,500 B.C.). Typically, sites from this time period produce large numbers of millingstones, discoidals, and cogstones. According to Moratto, this horizon appears to represent a diversification of subsistence activities to include plants, and a more sedentary settlement pattern.

Although numerous Milling Stone Horizon sites have been identified in Orange County, the best understood of these is CA-ORA-64, which has been dated radiometrically to about 6,000 B.C. (Breece et al. 1988). Excavations at CA-ORA-64, located near Newport Bay, have been instrumental in the formulation of Orange County research models (Koerper 1981). Although this site is not located within the project area, research at the site suggests that the settlement-subsistence system for Orange County during the Milling Stone Horizon reflects semi-sedentary populations. These populations relied on a central base camp, with small groups of individuals periodically leaving to establish satellite hunting and gathering camps. The purpose of these satellite camps was to exploit seasonally available resources not readily available at the base camp (Greenwood 1990).

Both Wallace’s (1955) Intermediate Horizon and Koerper’s (1981) Intermediate Cultures Tradition begin around 500 B.C and continue to around A.D. 700 to 1000. This period is defined by a greater reliance on marine resources for coastal populations, while the interior populations developed acorn processing, as demonstrated by substantial increases in mortar and pestle use. Moratto argues that the Intermediate Horizon began around 1500 B.C. and continued until about A.D. 600 to 800. During this time period, projectile points become more abundant and, together with faunal remains, indicate increased use of both land and sea mammals (Moratto 1984).

The Late Prehistoric period (Wallace 1955) begins around A.D. 1000, while the Shoshonean Tradition (Warren 1968), Late Prehistoric Tradition (Koerper 1981), and Moratto’s Horizon IV or Late Horizon date between A.D. 600 to 800 (Moratto 1984). Dense populations, diversified hunting and gathering subsistence strategies, extensive trade networks, and use of the bow and arrow characterize the Late Horizon. This period ended with the arrival of Europeans in 1542. Archaeologically, this horizon is represented by the presence of large habitation sites, arrow points, soapstone bowls, steatite effigies, and cremation of the deceased. These settlement and behavioral patterns, artifacts and practices have been linked to the arrival of Shoshonean people from the east into Orange County. Ethnographic Setting The project area is located approximately 2.5 miles east of Aliso Creek, a location traditionally noted as an ethnographic transition zone between the Juaneño/Luiseno and Gabrielino. Therefore, both groups are discussed in this section.

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Juaneño/Luiseño When Spanish missionaries established the Mission San Luis Rey near the San Luis Rey River, the indigenous inhabitants of the northern San Diego area were given the Spanish name Luiseño. Further to the north at the site of Mission San Juan Capistrano, the population was given the name Juaneño. While early researchers, including Kroeber and Harrington, separated the two groups, subsequent studies have indicated the two are linguistically and ethnologically the same. Therefore, the following discussion will use the collective term of “Luiseño” to address the indigenous people who were within the sphere of both the San Luis Rey and San Juan Capistrano missions. However, in some cases, the term “Juaneño” is applied when referring only to the inhabitants around the San Juan Capistrano mission lands (Bean and Shipek 1978).

The Juaneño portion of the larger Luiseño territory extended from the coastal outlet of Aliso Creek northeastward to the west side of Santiago Peak along the crest of the . Following the crest line southeast, the territory turned southwest just north of Las Pulgas Canyon, following this course until reaching the shoreline of the Pacific Ocean. The language of the Luiseño is classified as belonging to the Takic family (or “Cupan”), Uto-Aztecan stock, and is subdivided into four or more separate dialects (Bean and Shipek 1978).

Luiseño villages were typically situated in defensible positions within sheltered coves and canyons adjacent to adequate water supplies. Each village acted autonomously with specific resources that were exploited by village inhabitants. Deer, antelope, rabbit, woodrats, mice, ground squirrels, quail, doves, and ducks were the dominant game animal utilized by the Luiseño. Moreover, Luiseño subsistence included marine resources like sea mammals, fish, crustaceans, and abalone. Houses were partially subterranean, conical-shaped structures composed of locally available materials including brush, bark, and reeds. Other structures utilized by the Luiseño were brush-covered rectangular structures that were termed “ramadas” by the Spanish. These structures provided shade for outdoor domestic activities. Others structures may have included a subterranean, earth-covered walled enclosure commonly referred to as a sweathouse. The sweathouse was an important feature in the village and was often used during purification and curing rituals. Another ceremonial structure located within the village was the wámkiš. The wámkiš was situated at the center of the village and was bordered by a low fence that may have also contained an altar (Bean and Shipek 1978).

The Luiseño’s first contact with European explorers was in 1769 during Gaspar de Portolá’s expedition and the founding of Mission San Diego de Alcala. Early Luiseño population figures are not well documented. R.C. White estimated that the Luiseño inhabited some 50 villages with a mean population of approximately 200 residents. White’s population estimates suggest that as many as 10,000 Luiseño occupied the area, which doubles the previous estimate by A.L. Kroeber of 4,000 to 5,000 people (Kroeber 1925). The difficulty in these population estimates can partially be attributed to some Luiseño not accounted for in the mission accounting.

Gabrielino At the time of European contact, the Gabrielino inhabited some 50 to 100 permanent villages in fertile lowlands along streams and rivers and in sheltered areas along the coast. The larger permanent villages most likely had populations ranging from 50 to 200 persons. Sedentary villages also had at varying distances smaller satellite villages that remained connected through economic, religious, and social ties (Bean and Smith 1978). Gabrielino villages contained four basic types of

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structures. Houses were circular and domed, made of tule mats, fern, or carrizo (Kroeber 1925, Bean and Smith 1978). The Gabrielino also maintained sweathouses, which were small, circular earth covered buildings. Villages may have included menstrual huts and open-air ceremonial structures made with willows inserted in a wicker-weave fashion among willow stakes (Bean and Smith 1978). The majority of the population moved in family groups throughout the year to temporary hillside or coastal camps, returning to the central location on ritual occasions or when resources were low and it was necessary to live on stored foods (Bean and Smith 1978). The Gabrielino had a rich and varied material culture. Technological and artistic items included shell set in asphaltum, carvings, painting, an extensive steatite industry, baskets, and a wide range of stone, shell, and bone objects that were both utilitarian and decorative (Bean and Smith 1978).

Gabrielino subsistence was based on a composite hunting and gathering strategy that included large and small land animals, sea mammals, river and ocean fish, and a variety of vegetal resources. Generally, Gabrielino settlements were created at the intersection of several ecozones: prairies with foothills, floodplains, and river courses, on the edges of marshes and seashores. Offshore fishing was accomplished from boats made of pine planks sewn together and sealed with asphaltum or bitumen. Shellfish harvesting, fowling, and fishing took place along the ocean shoreline or along freshwater courses. Sea mammals were captured with harpoons, spears, and clubs. River and ocean fishing was undertaken with the use of line and hook, nets, basket traps, spears, and poisons (Hudson and Blackburn 1982). Land animals were hunted with bow and arrow or throwing sticks, traps or clubs. Larger animals were hunted with bow and arrow. The transportation of plants and other resources was accomplished through the use of burden devices, such as coiled and woven baskets and hammock carrying nets commonly made from grass and other plant fibers (Bean and Smith 1978).

The Gabrielino were apparently first contacted by Europeans in 1542, when Juan Rodríguez Cabrillo entered the area. Following subsequent Spanish visits to the region, colonization began in 1769, precipitating the establishment of Missions San Gabriel (1771) and San Fernando (1797). Due in part to the introduction of EuroAmerican diseases and the harsh effects of mission life, the Gabrielino population and culture suffered a gradual deterioration. Following the secularization of the missions, most surviving Gabrielino became wage laborers on the ranchos of Mexican California. In the early 1860s, a smallpox epidemic decimated the remaining Gabrielino. By the 1900 federal census, the combination of disease, forceful reduction, and poor diet contributed to population decline of the Gabrielino and their deterioration as a culturally identifiable group (Bean and Smith 1978). Historic Setting Spanish Period Beginning in the 16th century, the Spanish first explored the coast of California. The first European to sail along the coast of California was Juan Cabrillo in 1542, followed by Sebastian Vizcaino in 1602 (Bean and Rawls 2003). However, it was not until the 18th century that the Spanish colonized present-day California, establishing a tripartite system consisting of missions, presidios, and pueblos that lasted from 1769 to 1822 (Bean and Rawls 2003). In 1769, a land expedition led by Gaspar de Portolá traveled north from San Diego. The party camped in the San Juan Capistrano Valley and along Trabuco Creek near present-day Rancho Santa Margarita before turning northwest and following the foothills toward present-day Orange and the . Portolá’s expedition established the main travel route through California, which came to be known as El Camino Real. By

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1776, Spanish missionaries had founded the San Juan Capistrano mission. Constructed beginning in 1796, the mission’s stone church was destroyed by an earthquake in 1812 (Hoover et al. 2002)

Mexican Period Mexico achieved independence from Spain by 1821. The Secularization Act of 1833 downgraded missions to the status of parish churches and gave the Mexican governor of California the power to redistribute the vast mission land holdings in the form of land grants. Secularization freed both the mission lands from clerical control and forced Native American converts to seek wage labor on ranchos or in the pueblos. Between 1835 and 1846, officials granted increasing acreage formerly controlled by the missions to individuals in the form of ranchos. By 1846, more than 500 ranchos existed in California. Governors Juan B. Alvarado and Pío Pico granted portions of the 10,668-acre Rancho Cañada de los Alisos to José Serrano in 1842 and 1846 respectively. One of the rancho adobes built by Serrano stands approximately 2.3 miles southwest of the project site (Hoover et al. 2002; OCCGS 1998).

In 1842, the Rancho Cañada de los Alisos was granted to Jose Antonio Serrano by Governor Alvarado and supplemented by Governor Pío Pico in 1846 (Hoover et al. 2002; OCCGS 1998). The Spanish translation for the rancho means “Glen of the Alders,” which are believed to have lined the drainages in historic times. The rancho was bounded by El Camino Real along the southwest, Ranchos San Joaquin and Lomas de Santiago on the west, and Rancho Trabuco on the east. Serrano had married Petra Avila in 1829 and they had twelve children. After relocating to the rancho from the pueblo at Los Angeles, Serrano constructed a house and outbuildings on a hill overlooking El Camino Real. In 1858, a new adobe residence was constructed on a low hill beside the future Trabuco Road on the southern embankment of Serrano Creek. The family raised cattle until the droughts of the 1860s forced them to divide the ranch and mortgage several sections. Don Serrano died in 1870 and was buried at the Mission San Juan Capistrano (OCCGS 1998).

American Period After California became a United States territory in 1848 and then became the thirty-first state in 1850, many disillusioned Gold Rush miners began to venture out of the foothills and into the valleys to try their hands at raising livestock and farming. Although most Southern California rancheros refused to partition their lands out to the new arrivals, many ranchos failed economically due to drought during the early 1860s and other challenges. Amid the complex land law of the new state, American newcomers with financial resources and access to effective legal representation seized control of rancho lands across the state. Laguna Niguel is located on the Rancho Niguel Mexican land grant of Juan Avila. He retained ownership until 1865, when a severe drought killed off most of his cattle. Lewis Moulton, owner of the Moulton Company, bought the area of modern-day Laguna Niguel in 1895, along with significant other portions of the surrounding area from farmers that were hard pressed to earn a living due to a local drought in the area (City of Laguna Niguel n.d.).

Until the late 1880s, the project vicinity remained part of Los Angeles County. However, area residents soon expressed frustration at having to conduct commerce at great distances and moved to establish a new county. In 1889, the California State Legislature approved the formation of the new County of Orange with the county seat located in Santa Ana. At that time, only three cities, Anaheim, Santa Ana, and Orange, were incorporated into the new county. By the turn of the twentieth century, urban growth began to infringe on agriculture in southern California. William Mulholland brought water to Los Angeles via the in 1913; this water source

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allowed for explosive growth in both agricultural enterprises and population in Los Angeles and the Santa Ana River Valley. In 1906, the first Pacific Electric Railway, or Red Car line, was completed. The Southern California mass transit system extended from a split in the Long Beach Line and continued through Seal Beach and Huntington Beach to its terminus at Balboa Peninsula in Newport Beach. Extension of the Pacific Electric into Orange County made speculation, settlement, and travel more convenient (Armor 1921; Hoover et al. 2002)

The introduction of the automobile into southern California eventually led to the collapse of the Red Cars. The construction of freeways had been initiated during World War II as a way to transfer goods throughout the country at a rapid pace. World War II also initiated the development of several military bases in Orange County, including the Santa Ana Army Air Base and Marine Corps Air Station El Toro (MCASET), the latter of which is located approximately one mile west of the project area. In 1942 the federal government bought 2,300 acres from the Irvine Company, which controlled the massive Irvine Ranch, in order to develop MCASET. Created to organize squadrons and train pilots for combat, the MCASET was made a permanent installation in 1944. At that time, its 1,248 officers and 6,831 made it the largest of the west coast’s Marine Corps air stations (Nelson and Olin 2013).

After the war, men who had been stationed in Orange and San Diego Counties brought their families out west and initiated a period of enormous urban growth. Large freeway construction during the 1950s and 1960s, including I-5, California State Route (SR)-55, SR-22, and I-405, magnified the urban expansion. During the subsequent years, Orange County witnessed the establishment of the aerospace industry in Irvine, and the development of large amusement parks. By 1960, urban sprawl had reached even farther as neighboring Los Angeles metropolitan residents began to settle in the rural Santa Ana Valley (Nelson and Olin 2013).

History of Laguna Niguel Laguna Niguel is located on the Rancho Niguel Mexican land grant of Juan Avila. He retained ownership until 1865, when a severe drought killed off most of his cattle. Lewis Moulton, owner of the Moulton Company, bought the area of modern-day Laguna Niguel in 1895, along with significant other portions of the surrounding area from farmers that were hard pressed to earn a living due to a local drought in the area (City of Laguna Niguel n.d.).

In 1959, the Laguna Niguel Corporation, started by Cabot, Cabot & Forbes from Boston, made Laguna Niguel one of the first master planned communities in California. Victor Gruen and Associates, a Vienna architect, developed a community plan for 7,100 acres. The Avco Community Developer in 1969 continued the plan, which by then held 6,500 residents (City of Laguna Niguel n.d.).

The construction of the San Diego, I-5, Freeway in 1959 allowed more people to arrive. The first communities developed in Laguna Niguel were right along the coast, touching the southern border of Laguna Beach. These communities were called Monarch Bay and the Monarch Bay Terrace built between 1960 and 1962 (City of Laguna Niguel n.d.).

In 1986, Laguna Niguel residents, looking for local governance, took the first step toward cityhood by forming a Community Services District. Three years later, on November 7, 1989, 89% of the voters favored incorporation and on December 1, 1989, Laguna Niguel became the 29th city in Orange County (City of Laguna Niguel n.d.).

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Methods SCCIC Records Search On August 12, 2015, ICF archaeologists Karolina Chmiel, MA, and Mary Villalobos, BA, compiled record search data from the South Central Coastal Information Center (SCCIC) at California State University, Fullerton, the California Historical Resources Information System (CHRIS) repository covering Orange County (Confidential Appendix A). The purpose of the search was to identify any previously-recorded cultural resources inside or within 0.5 mile of the proposed project area and to assess the potential for cultural resources within the proposed project area. Also included in the search were those cultural resources studies that have been conducted inside or within 0.5 mile of the proposed project area. The records search was performed on data from the following sources:

 National Register of Historic Places

 CRHR

 California Historical Resources Inventory

 California Historical Landmarks (State of California 1996)

 California Points of Historical Interest (State of California 1992)

The results were obtained in the following form:

 Mapped locations of previously recorded archaeological resources

 Mapped locations of previously recorded architectural resources

 Mapped locations of previous cultural resources studies

 Copies of resource records for previously recorded archaeological resources

 Copies of resource records for previously recorded architectural resources

 Bibliographic entries of previous cultural studies

 Historical maps and aerials

Previous Cultural Resources Studies The SCCIC has on file 29 previous cultural resources studies that were conducted within 0.5 mile of the proposed project area. Three of these studies included at least some portion of the proposed project area. Table 2 provides a summary of the previous cultural resources studies.

Table 2. Previous Cultural Resources Studies Conducted Inside or within 0.5 Mile of the Project Area

Resources in/within Report No. Date Author Report Title 0.5 Mile of Project Area* OR-00324** 1978 Desautels Archaeological/Paleontological Assessment and Survey on the Colina de Capistrano Area of Orange County California

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Resources in/within Report No. Date Author Report Title 0.5 Mile of Project Area* OR-00325 1978 Magalousis Archaeological and Paleontological Resources Survey for the Coast Church, Van Roekel, Dewire, Abdalmutti, Montessori School Properties San Juan Capistrano, California OR-00397 1979 Desautels Archaeological/Paleontological Assessment and Survey on Tentative Tracts 9822, 9823, 9824, Laguna Niguel area of Orange County, California OR-00536 n.d. Drover City of San Juan Capistrano, General Plan Program, Historical/Archaeological Element OR-00650 1982 Whitney- Cultural resource Survey on the Desautels Abdulmuti Parcel, Marguerite Parkway, Mission Viejo, County of Orange, California OR-00653 1983 Schroth and Archaeological Assessment of 450 Acres Cameron for the Northwest Circulation Study, San Juan Capistrano, California OR-00706** 1983 Cottrell Archaeological Resource Assessment Conducted for a 99 Acre Rancho Capistrano Property OR-00709 1974 Rice Survey Results of Tract Number 7340 OR-00718 1983 Van Horn et A Cultural/Scientific Resources al. Investigation of the Planned San Joaquin Hills Transportation Corridor (Phase II) OR-00720 1983 Cottrell San Joaquin Transportation Corridor: an Annotated List of Archaeological Reports Referenced by Number OR-00729 1983 SRI, Inc. Archaeological Report on Campeau Rock Features OR-01065 1990 DeBarros A Cultural Resources Records Check and a Pedestrian Survey OR-01101 1990 Sorensen Archival Research for Interstate 5, From the Confluence with I 405 to Route 1, Capistrano OR-01104 1991 Whitney- Grading Monitoring and Disturbance Desautels Report, Archaeology and Paleontology Lakefill Bypass Pipeline Project, san Juan Capistrano, Orange County, California OR-01350 1993 McKenna Archaeological Survey Report Historic and Sites Addendum, San Joaquin Hills DeBarros Transportation Corridor 12-ORA-73 12- 102540 OR-01351 1993 McKenna Historic study Report San Joaquin Hills and Transportation Corridor 12-ORA-73 12- DeBarros 102540

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Resources in/within Report No. Date Author Report Title 0.5 Mile of Project Area* OR-01452 1990 SRI, Inc. Cultural and Paleontological Resource Investigation of TM-89-435 Orange county California (Paleo) OR-01473 1996 Brown Survey for the Rancho Capistrano Parking Lot Expansion Located in an Unincorporated Area of Orange county, California OR-01602 1991 Petershagen Historic Study Report for Proposed HOV and Tordoff Lanes Along Interstate 5 in San Juan Capistrano, Orange County, California OR-01603 1991 Huey Historic Property Survey Report for I-5 Improvements, SR-1 in San Juan Capistrano to 1,000 Feet North of El Toro Road, Lake Forest, Orange County, California OR-01717 1997 Mason and San Joaquin Hills Transportation Brechbiel Corridor Results of Construction Monitoring for Cultural Resources OR-02041 1999 Duke Cultural resource Assessment for Pacific Bell Mobile Services Facility Cm-336-02, County of Orange, California OR-02206 2001 Holson Archaeological Survey and Record search for the Worldcom Laguna Niguel Project, Orange County, California OR-02426 2001 Demcak Report of Archaeological Resources Assessment for 22-Acre Parcel in San Juan Capistrano, Orange County, California OR-02435** 2002 Ferraro and Archaeological Survey of the Rancho Gregory Capistrano Property in the City of San Juan Capistrano, Orange County, California OR-03157 2005 Brown and Cultural Resources Reconnaissance for P-30-001603, P-30- O’Neil the Camino Capistrano Beautification 001604 Project, Laguna Niguel, California OR-03373 2006 Arrington Cultural resources Final Report of and Sikes Monitoring and Findings for the Qwest Network Construction Project Volumes I and II OR-03572 2008 Billat New Tower Submission Packet – Coast Bible: LA2591B OR-04103 2009 Fulton Finding of Effect for the Route 73 Basin Sedimentation Project, Orange County, California, EA 0H4400 *No associated report for resource P-30-179860 **Includes or adjoins a portion of the proposed project area

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Previously-Recorded Cultural Resources No cultural resources have been previously recorded within the proposed project area, and three resources have been recorded within 0.5 mile of the proposed project area. Site P-30-001603 was recorded in 2001 as a scatter of marine shell exposed in rodent backdirt and exposed ground surface on a developed Pleistocene-age terrace overlooking Oso Creek. While the site record notes the presence of a dark soil that possibly indicates an anthropogenic midden soil, no artifacts or features were observed. Site P-30-001604 was recorded in 2001. It is a historic period abandoned water tank and valve box located on the Rancho Capistrano property to the south of the proposed project area. Site P-30-0-179860 was recorded in 1993 is an adobe revival type barn constructed in 1957. The barn was determined not eligible for listing in the National Register by Caltrans District 12 in 1993; however, the barn is still standing and is located on the property of Coast Bible Church in San Juan Capistrano, California. Table 3 describes each resources recorded within 0.5 mile of the proposed project area.

Table 3. Previously Recorded Cultural Resources within 0.5 Mile of the Proposed Project Area

Year Primary # Author Description 2001 P-30-001603 Ferraro Scatter of marine shell exposed in rodent backdirt and exposed ground surface on developed Pleistocene-age terrace overlooking Oso Creek. Possible midden soil present; however no artifacts or other culturally altered materials observed. 1993 P-30-001604 McKenna Abandoned semi-subterranean water tank, tank house, and 2001 Ferraro valve vault. 1993 P-30-179860 McKenna Adobe Revival style barn. Determined not eligible for the NRHP by Caltrans District 12.

Paleontological Records Search On August 5, 2015, ICF requested a paleontological records search from the Natural History Museum of Los Angeles County. Samuel McLeod, PhD, responded on August 25, 2015. McLeod’s vertebrate paleontological records search (Appendix B) reports that the surficial material in the proposed project area consists of slumps or landslides from the more elevated terrain to the west. Exposures in the elevated terrain as well as bedrock in the entire proposed project area consist of the marine late Miocene siltstone facies of the Capistrano Formation. Slump or landslide material probably does not contain much intact vertebrate fossil material, but may include significant vertebrate fossil remains nonetheless. A great number of vertebrate fossil localities from the Capistrano Formation occur in this portion of Orange County; however, the closest is located to the north along Cabot Road before the intersection with Paseo de Colinas. This locality produced a fossil specimen of baleen whale, Mysticeti. Further to the north-northwest of the proposed project area on Crown Valley Parkway before the intersection with Greenfield Drive, two fossil localities produced fossil specimens of ratfish, Chimaera; blue shark, Prionace; cookie cutter shark, Isistius; bony fish, Teleostei; auklet, Mancalla; and porpoise, Phocoenidae. Several vertebrate fossil localities from the Capistrano Formation on the same ridge occur on the same ridge to the south of Paseo de Colinas along Golden Lantern Street, but those collections of marine vertebrates have not yet been prepared or identified (McLeod 2015).

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Summary of Native American Consultation On August 27, 2015, ICF requested a Sacred Lands File Search and a list of Native American contacts from the NAHC. The NAHC responded on October 1, 2015, stating that no Sacred Lands have been reported to the NAHC in the project area. The NAHC provided a list of local Native American representatives. ICF sent outreach letters to the identified representatives on October 21, 2015. On November 23, 2015, ICF received a response from Rebecca Robles of the United Coalition to Protect Panhe. Ms. Robles requested that she be notified if human remains were identified during project construction. No other responses were received as a result of this outreach effort.

On December 15, 2015, the City sent outreach letters to the NAHC and identified Native American tribes. The letters extended an invitation to consult on the project with the City under AB52 and SB18. The City received one response to their invitation to consult. On January 18, 2016, the San Gabriel Band of Mission Indians-Kizh Nation requested AB52 consultation with the City. The City consulted with the tribe to identify areas of concern within the project area and vicinity, as well as to discuss potential mitigation measures to protect potential tribal cultural resources.

Documentation of Outreach to Native Americans is presented in Appendix C. AB52 consultation is presented in Confidential Appendix D. Field Methods On August 12, 2015, ICF archaeologists Karolina Chmiel, MA, and Mary Villalobos, BA, conducted a formal pedestrian survey of the subject property. The field survey methods for the project consisted of a combination of systematic intensive pedestrian survey, reconnaissance survey, and visual spot- checking. All portions of the archaeological APE were surveyed or visually inspected.

Intensive pedestrian survey was the preferred method and was utilized in all areas where feasible. Intensive pedestrian survey methods consisted of walking in 2-5 meter transects in any areas where slope, vegetation, and/or terrain would allow transects to be maintained. Ms. Chmiel and Ms. Villalobos checked all areas cleared of vegetation or disturbed by rodents along and between the transect lines. The ground surface was inspected for any cultural resources, and notes were taken on surface conditions and setting.

Reconnaissance survey and spot-checking methods were used in steeper portions of the survey area or where thick vegetation impeded systematic survey methods. Slopes of greater than 25 percent were visually inspected but were not surveyed due to safety concerns.

Intensive and reconnaissance survey methods utilizing transects were not suitable for portions of the APE that are currently in use as roadways, road berms, and paved areas. These areas were not surveyed for cultural resources, as the likelihood of encountering surface archaeological deposits in such areas is minimal due to past heavy soil disturbance or the presence of paving or landscaping. However, these areas were visually spot checked to confirm the conditions preventing survey. Overall, project area appears to have low potential for the presence of archaeological resources because the survey area has been previously graded for road and ROW.

A Trimble Geo XH sub-meter accuracy Global Positioning System (GPS) unit was used to track the survey transects and coverage, as well as to record cultural resources that might be identified within the Study Area. Figures 4 and 5 are representative photos of the survey area and depict the graded

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and terraced mature of the proposed project area, as well as the amount of vegetation present in the survey area.

Figure 4. Westernmost Graded Homesite Pad and Paved Residential Road; Trail in Foreground, View Northeast.

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Figure 5. Easternmost Graded Homesite Pad and Paved Residential Street, View West.

Study Findings and Conclusions Cultural Resources No cultural resources were identified during the current survey. Road pavement, ruderal vegetation, and tree litter limited ground visibility to between 10 and 25%. The likelihood of encountering archaeological resources in the proposed project area appears to be low because the project site has been extensively altered by previous ground disturbance consisting of grading and terracing. In addition, the archival research determined that no buildings, structures, roads or infrastructure were present in the project area during the historic period. Roads and infrastructure that exist in and adjacent to the project area are less than 50 years old. Paleontology Any excavations in the marine late Miocene Capistrano Formation deposits exposed in the proposed project area may well encounter significant vertebrate fossil material. More complete vertebrate fossil material is likely to be found below landslide debris, however. Any substantial excavations in the proposed project area, therefore, should be monitored closely to quickly and professionally

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recover any fossil remains discovered while not impeding development. Sediment samples should also be collected and processed to determine the small fossil potential in the proposed project area. Any fossils collected should be placed in an accredited scientific institution for the benefit of current and future generations.

Management Considerations Cultural Resources Although the potential for discovering prehistoric archaeological deposits appears to be low, the proposed project may require grading in native soil to accomplish its proposed geotechnical remediation. Even though the record search and archaeological survey did not identify any archaeological resources on the project site or in the vicinity, grading within native soil has the potential to affect archaeological resources. As part of AB52 consultation, the Gabrieleño Band of Mission Indians requested to have a certified Native American Monitor present during all ground- disturbing activities. Therefore, in order to reduce potential impacts to less-than-significant levels, it is recommended the following mitigation measure be required.

Prepare Archaeological Monitoring Plan and Conduct Cultural Resources Monitoring during Ground Disturbance in Native Soils Prior to the issuance of grading permits, the Applicant will retain a qualified archaeological monitor who will prepare an Archaeological Resources Mitigation Monitoring Plan. The qualified archaeological monitor will attend all pre-grading meetings to inform the grading and excavation contractors of the archaeological resources mitigation program and will instruct them with respect to its implementation. The qualified archaeological monitor will be on site during grading within native soil that has the potential to yield archaeological resources. Additionally, the Gabrieleño Band of Mission Indians will be notified prior to any site excavation or grading activities, and be given the opportunity to have a certified Native American Monitor present during all ground-disturbing activities. If such resources are discovered and are in danger of loss and/or destruction, the qualified archaeological monitor will recover them. In instances where recovery requires an extended salvage time, the qualified archaeological monitor will be allowed to temporarily direct, divert, or halt grading to allow recovery of resource(s) in a timely manner. Recovered archaeological resources, along with copies of pertinent field notes, photographs, and maps, will be deposited in a certified curation facility that meets the standards of the California Office of Historical Preservation. The resources will be recorded in the California Archaeological Inventory Database. Should archaeological resources with ties to Native Americans be discovered, the archaeological monitor will immediately notify the City and the most likely tribal representative for the area if not already present during monitoring activities. A final monitoring report will be submitted to the City within 30 days of the end of monitoring activities. Paleontological Resources Because Capistrano Formation deposits are present in the proposed project area, any ground disturbance in the proposed project area that involve disturbance of the Miocene Capistrano Formation should be monitored closely by an Orange County-certified professional paleontologist.

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The paleontologist will conduct survey, education of construction workers, on-site construction monitoring, appropriate recovery, and reporting.

If fossil remains are discovered during project-related activities, activities in the vicinity of the find will stop immediately until the paleontologist can assess the nature and importance of the find and recommend appropriate treatment. Treatment may include preparation and recovery of fossil materials to be housed in an appropriate museum or university collection and may also include preparation of a report for publication. The work will be conducted in conformance with the Orange County paleontological sensitivity guidelines (Eisentraut and Cooper 2002) and meet the requirements for recovery, salvage, laboratory preparation, preparation to the point of taxonomic identification, transferal, and preparation and submittal. The City and the developer will be responsible for ensuring that recommendations regarding treatment and reporting are implemented. This will be accomplished by describing lines of communication and authority between the paleontologist, City, and developer; decision thresholds; and reporting procedures in the approved project grading plans.

Fossils recovered will be prepared, identified, and catalogued before donation to the accredited repository designated by the City.

The retained qualified paleontologist will prepare a final report to be filed with the City. If applicable, the report will include a list of specimens recovered, documentation of each locality, and interpretation of fossils recovered and will include all specialists' reports as appendices. The report will be required regardless of the presence or absence of fossils.

Unanticipated Discovery of Archaeological or Human Remains As stipulated the California Public Health and Safety Code, and the PRC, if human remains are discovered or recognized during construction-related activities, State law requires there to be no further excavation or disturbance of the immediate location of the remains until the County coroner has been informed and has determined that no investigation of the cause of death is required. If the remains are determined to be of Native American origin, the coroner will notify the NAHC, which will then identify a most likely descendant (MLD). The MLD will make a recommendation to the landowner as to the means of treating or disposing of the human remains and any associated grave goods with appropriate dignity, as stipulated in PRC 5097.98. Upon discovery of human remains, the landowner will ensure that the immediate vicinity is not damaged or disturbed until specific conditions are met through discussions with the descendants regarding their preferences for treatment (PRC 5097.98 as amended).

If the NAHC is unable to identify a descendant, or the descendant fails to respond within 48 hours after being notified by the NAHC, the landowner is required to reinter the human remains on the property and to protect the site where the remains were reinterred from further and future disturbance.

According to the California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 states that every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any human remains in or from any location other than a dedicated cemetery without authority of law is guilty of a misdemeanor. In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie

Cultural and Paleontological Resources Inventory Report for December 2016 22 the SunPointe Residential Project ICF 00126.14

City of Laguna Niguel Community Development Department Cultural Resources Inventory Report

adjacent remains until the coroner of the county in which the human remains are discovered has determined that the remains are not subject to his or her authority, and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she will contact, by telephone within 24 hours, the Native American Heritage Commission.

Cultural and Paleontological Resources Inventory Report for December 2016 23 the SunPointe Residential Project ICF 00126.14

References

Armor, Samuel 1921 History of Orange County, California, with Biographical Sketches of The Leading Men and Women of the County. . . . Historic Record Company. Los Angeles, CA.

Bean, Lowell J. and Florence C. Shipek 1978 “Luiseño.” In California, edited by R. F. Heizer, pp. 550-563. Handbook of North American Indians, vol. 8, W. C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C.

Bean, L.J., and C.R. Smith 1978 Gabrielino. Pages 538-549 in R.L. Heizer (ed.), Handbook of North American Indians, Volume 8, California. Smithsonian Institution, Washington, D.C.

Bean, Walton, and James J. Rawls 2003 California: An Interpretive History, Eighth Edition. McGraw Hill, New York, New York.

Breece, William H., Jane Rosenthal, and Beth Padon. 1988 Test Level Excavations at CA-ORA-556, City of Orange, California. Prepared by LSA Associates, Irvine, CA. Prepared for the Irvine Community Development Company, Newport Beach, CA. On file at the South Central Coastal Information Center, California State University, Fullerton.

City of Laguna Niguel n.d. History and Statistics. Website. http://www.cityoflagunaniguel.org/index.aspx?nid=388. Accesses September 1, 2015.

Greenwood, Roberta S. 1990 Archaeological Survey Report for the Proposed Eastern Transportation Corridor, Orange County, California. Prepared by Greenwood & Associates. Prepared for P&D Technologies, Orange, CA. On file at the South Central Coastal Information Center, California State University, Fullerton.

Hoover, M. B, H. E. Rensch, E. G. Rensch, W. N. Abeloe 2002 Historic Spots in California. Revised by Douglas E. Kyle. Stanford University Press, Stanford, CA.

Hudson, Travis and Thomas Blackburn 1982 The Material Culture of the Chumash Interaction Sphere, Vol. I: Food Procurement and Transportation. Ballena Press, Los Altos

Koerper, Henry Carl 1981 Prehistoric Subsistence and Settlement in the Newport Bay Area and Environs, Orange County, California. Ph.D. dissertation, University of California, Riverside.

Kroeber, Alfred L. 1925 Handbook of the Indians of California. Bureau of American Ethnology Bulletin 78. Smithsonian Institution, Washington, D.C.

Cultural and Paleontological Resources Inventory Report for December 2016 24 the SunPointe Residential Project ICF 00126.14

City of Laguna Niguel Community Development Department Cultural Resources Inventory Report

McLeod, Samuel 2015 Paleontological Resources for the proposed Sun Point Residential Development Project, ICF project number 406.15, in the City of Laguna Niguel, Orange County, project area. Letter report prepared by the Natural History Museum of Los Angeles County for ICF International.

Moratto, M. J. 1984 California Archaeology. San Diego: Academic Press. San Diego, CA.

Nelson, Keith L., and Spencer C. Olin 2013 13,000 BC-1990: The Orange County Great Park Walkable Historical Timeline Handbook. Orange County Great Park Corporation. Irvine, CA.

Orange County California Genealogical Society (OCCGS) 1998 Saddleback Ancestors: Rancho Families of Orange County, California. Revised edition. Originally published in 1969. Orange County, California Genealogical Society, Orange.

Reddy, Seetha 2000 Settling the Highlands: Late Holocene Highland Adaptations on Camp Pendleton, San Diego County, California. Prepared by ASM Affiliates, Encinitas, CA. Prepared for the U.S. Army Corps of Engineers, Los Angeles District.

Wachtell, J. 1978 Soil Survey of Orange County and Parts of Western Riverside County, California. Prepared for the U.S. Department of Agriculture Soil Conservation service and Forest Service. Website: http://www.nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/california/CA678/0/orange.pdf accessed September 1, 2015.

Wallace, William J. 1955 “A Suggested Chronology for Southern California Coastal Archaeology.” Southwestern Journal of Anthropology, 11:214-230. 1978 Post-Pleistocene Archaeology, 9000 to 2000 B.C. Pages 25-36 in R.L. Heizer (ed.), Handbook of North American Indians, Volume 8, California. Smithsonian Institution, Washington, D.C.

Warren, Claude N. 1968 “Cultural Tradition and Ecological Adaptation on the Southern California Coast.” In Archaic Prehistory in the Western United States, edited by C. Irwin-Williams, pp. 1-14. Eastern New Mexico Contributions in Anthropology 1(3). Portales, New Mexico.

Cultural and Paleontological Resources Inventory Report for December 2016 25 the SunPointe Residential Project ICF 00126.14

Confidential Appendix A Cultural Resources Records Search

Appendix B Paleontology Records Search

August 5, 2015

Dr. Samuel A. McLeod Vertebrate Paleontology Natural History Museum of Los Angeles County 900 Exposition Boulevard Los Angeles, CA 90007

Subject: Paleontological Records Search Request, Sun Point Residential Development Project, Laguna Niguel, Orange County, California (Project #406.15)

Dear Dr. McLeod:

On behalf of the City of Laguna Niguel, ICF requests a review of your paleontological records for the proposed Sun Point Residential Development Project, in the City of Laguna Niguel, Orange County, California. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The project area is depicted on the attached portion of the USGS San Juan Capistrano 7.5-minute quadrangle, as indicated by the red outline. A standard letter report format, assessing the sensitivity of the project area and a half-mile buffer for paleontological resources is requested. Please feel free to call me at (858) 444-3913 or email me at [email protected] if you have any questions or need additional information. Sincerely,

Karen L. Crawford Senior Manager, Cultural Resources Enclosure/Attachment: Map

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Source: USGS 7.5' Quad San Juan Capistrano

Half-Mile Buffer Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 19566 8/5/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Record Search Map Sunpointe Residential Development Project Vertebrate Paleontology Section Telephone: (213) 763-3325 Fax: (213) 746-7431 e-mail: [email protected]

25 August 2015

ICF International 525 B Street, Suite 1700 San Diego, CA 92101

Attn: Karen L. Crawford, Senior Manager Cultural Resources re: Paleontological Resources for the proposed Sun Point Residential Development Project, ICF project number 406.15, in the City of Laguna Niguel, Orange County, project area

Dear Karen:

I have conducted a thorough search of our Vertebrate Paleontology records for the proposed Sun Point Residential Development Project, ICF project number 406.15, in the City of Laguna Niguel, Orange County, project area as outlined on the portion of the San Juan Capistrano USGS topographic quadrangle map that you sent to me via e-mail on 5 August 2015. We have no vertebrate fossil localities that lie directly within the proposed project area boundaries, but we do have fossil vertebrate localities nearby from the same sedimentary deposits that occur in the proposed project area.

Geologic mapping indicates that the surficial material in the proposed project area consists of slumps or landslides from the more elevated terrain to the west. Exposures in the elevated terrain as well as bedrock in the entire proposed project area consist of the marine late Miocene siltstone facies of the Capistrano Formation. Slump or landslide material probably does not contain much intact vertebrate fossil material, but may include significant vertebrate fossil remains nonetheless. We have a great number of vertebrate fossil localities from the Capistrano Formation in this portion of Orange County but our closest locality is LACM 5202, on the same ridge as the proposed project area but to the north along Cabot Road before the intersection with Paseo de Colinas, that produced a fossil specimen of baleen whale, Mysticeti. A little further to the north-northwest of the proposed project area on Crown Valley Parkway before the intersection with Greenfield Drive, our localities are LACM 3184 and 3867 produced fossil specimens of ratfish, Chimaera, blue shark, Prionace, cookie cutter shark, Isistius, bony fish, Teleostei, auklet, Mancalla, and porpoise, Phocoenidae. We have several vertebrate fossil localities from the Capistrano Formation on the same ridge as the proposed project area but to the south of Paseo de Colinas along Golden Lantern Street, including LACM 4979-4983 and 5502- 5505, but those collections of marine vertebrates have not yet been prepared or identified.

Any excavations in the marine late Miocene Capistrano Formation deposits exposed in the proposed project area may well encounter significant vertebrate fossil material. More complete vertebrate fossil material is likely to be found below landslide debris, however. Any substantial excavations in the proposed project area, therefore, should be monitored closely to quickly and professionally recover any fossil remains discovered while not impeding development. Sediment samples should also be collected and processed to determine the small fossil potential in the proposed project area. Any fossils collected should be placed in an accredited scientific institution for the benefit of current and future generations.

This records search covers only the vertebrate paleontology records of the Natural History Museum of Los Angeles County. It is not intended to be a thorough paleontological survey of the proposed project area covering other institutional records, a literature survey, or any potential on-site survey.

Sincerely,

Samuel A. McLeod, Ph.D. Vertebrate Paleontology enclosure: invoice

Appendix C Outreach to Native Americans

Sacred Lands File & Native American Contacts List Request

Native American Heritage Commission 1550 Harbor Blvd, Suite 100 West Sacramento, CA 95691 916-373-3710 916-373-5471 Fax [email protected]

Information Below is Required for a Sacred Lands File Search

Project: ______SunPointe Residential Project Initial Study______

Orange County:______

USGS Quadrangle Name:______San Juan Capistrano ______

Township:______7S Range:______8W Section(s):______SE1/4 of Section 23

Company/Firm/Agency:______ICF International ______

Street Address:______525 B Street Suite 1700 ______

City:______San Diego __ Zip:______92101

858 444-3913 Phone:______

Fax:______844 545-2301

Email:______Karen.Crawford@ic .com

Project Description: The proposed project would involve the development of up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modi cation areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Pro le Area 3 and Colinas de Capistrano subarea. ± 0 1,000 2,000

Feet

Source: USGS 7.5' Quad San Juan Capistrano 6 6 5 9 1

5 1 0 2 / 1 2 / 0 1

: e t a D d x m . p a M h c r a e S d r o c e R \ l a r u t l u C \ c o d p a m \ 5 1 _ 6 0 4 0 0 \ l e u g i N _ a n u g a L _ f o _ y t i C \ s t c e j o r P \ S I G \ e n i v r Project Area I \ : K Figure 1 Project Location Sunpointe Residential Project

October 21, 2015

Anita Espinoza Juaneno Band of Mission Indians 639 Holten Road Talent OR, 97540

Subject: SunPointe Residential Project, City of Laguna Nigel, Orange County

Dear Ms. Espinoza:

I’m writing to inform you that the City of Laguna Nigel proposes to develop up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modication areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Prole Area 3 and Colinas de Capistrano subarea.

The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The Project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle (Figure 1)

ICF International has been retained to conduct a cultural resources survey and inventory to determine the presence or absence of cultural resources on the project site. The technical study includes both archival research and an intensive pedestrian survey. Archival research refers to both written and oral history including record searches at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission (NAHC), local historical societies and libraries, as well as Native American consultation. This consultation is part of ICF’s due diligence and not part of AB52 consultation process.

A records search completed by the SCCIC indicated no previously recorded resources in the project area. An ICF archaeologist conducted an intensive pedestrian survey of the project area and did not identify any resources in the project area. The project site has been mass graded and terraced in the 1960s and 1980s.

The NAHC completed a search of the Sacred Lands File which failed to indicate the presence of Native American cultural resources in the area. The NAHC also identify you as a person who may have concerns or knowledge of cultural resources in the project area. Any information you might be

Anita Espinoza October 21, 2015 Page 2 of 2

able to share about the Project Area would greatly enhance the study and would be most appreciated.

If you have any recommendations regarding the Project, please address them to me so that I can incorporate them into our draft report. As required by State law, all site data and other culturally sensitive information will not be released to the general public and will be kept strictly confidential.

Sincerely,

Karolina Chmiel, MA Archaeologist

Encl. Figure 1

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Feet

Source: USGS 7.5' Quad San Juan Capistrano

Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 10/21/2015 19566 Date: 10/21/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Project Location Sunpointe Residential Project

October 21, 2015

Sonia Johnston, Tribal Chairperson Juaneno Band of Mission Indians PO Box 25628 Santa Ana, CA 92799

Subject: SunPointe Residential Project, City of Laguna Nigel, Orange County

Dear Ms. Johnston:

I’m writing to inform you that the City of Laguna Nigel proposes to develop up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modication areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Prole Area 3 and Colinas de Capistrano subarea.

The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The Project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle (Figure 1)

ICF International has been retained to conduct a cultural resources survey and inventory to determine the presence or absence of cultural resources on the project site. The technical study includes both archival research and an intensive pedestrian survey. Archival research refers to both written and oral history including record searches at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission (NAHC), local historical societies and libraries, as well as Native American consultation. This consultation is part of ICF’s due diligence and not part of AB52 consultation process.

A records search completed by the SCCIC indicated no previously recorded resources in the project area. An ICF archaeologist conducted an intensive pedestrian survey of the project area and did not identify any resources in the project area. The project site has been mass graded and terraced in the 1960s and 1980s.

The NAHC completed a search of the Sacred Lands File which failed to indicate the presence of Native American cultural resources in the area. The NAHC also identify you as a person who may have concerns or knowledge of cultural resources in the project area. Any information you might be

Sonia Johnston October 21, 2015 Page 2 of 2

able to share about the Project Area would greatly enhance the study and would be most appreciated.

If you have any recommendations regarding the Project, please address them to me so that I can incorporate them into our draft report. As required by State law, all site data and other culturally sensitive information will not be released to the general public and will be kept strictly confidential.

Sincerely,

Karolina Chmiel, MA Archaeologist

Encl. Figure 1

± 0 1,000 2,000

Feet

Source: USGS 7.5' Quad San Juan Capistrano

Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 10/21/2015 19566 Date: 10/21/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Project Location Sunpointe Residential Project

October 21, 2015

Chairperson Juaneno Band of Mission Indians Acjachemen 32161 Avenida Los Amigos San Juan Capistrano, CA 92675

Subject: SunPointe Residential Project, City of Laguna Nigel, Orange County

To Whom it May Concern:

I’m writing to inform you that the City of Laguna Nigel proposes to develop up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modication areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Prole Area 3 and Colinas de Capistrano subarea.

The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The Project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle (Figure 1)

ICF International has been retained to conduct a cultural resources survey and inventory to determine the presence or absence of cultural resources on the project site. The technical study includes both archival research and an intensive pedestrian survey. Archival research refers to both written and oral history including record searches at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission (NAHC), local historical societies and libraries, as well as Native American consultation. This consultation is part of ICF’s due diligence and not part of AB52 consultation process.

A records search completed by the SCCIC indicated no previously recorded resources in the project area. An ICF archaeologist conducted an intensive pedestrian survey of the project area and did not identify any resources in the project area. The project site has been mass graded and terraced in the 1960s and 1980s.

The NAHC completed a search of the Sacred Lands File which failed to indicate the presence of Native American cultural resources in the area. The NAHC also identify you as a person who may have concerns or knowledge of cultural resources in the project area. Any information you might be

October 21, 2015 Page 2 of 2

able to share about the Project Area would greatly enhance the study and would be most appreciated.

If you have any recommendations regarding the Project, please address them to me so that I can incorporate them into our draft report. As required by State law, all site data and other culturally sensitive information will not be released to the general public and will be kept strictly confidential.

Sincerely,

Karolina Chmiel, MA Archaeologist

Encl. Figure 1

± 0 1,000 2,000

Feet

Source: USGS 7.5' Quad San Juan Capistrano

Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 10/21/2015 19566 Date: 10/21/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Project Location Sunpointe Residential Project

October 21, 2015

Joyce Perry, Tribal Manager Juaneno Band of Mission Indians Acjachemen 4955 Paseo Segovia Irvine, CA 92612

Subject: SunPointe Residential Project, City of Laguna Nigel, Orange County

Dear Ms. Perry:

I’m writing to inform you that the City of Laguna Nigel proposes to develop up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modication areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Prole Area 3 and Colinas de Capistrano subarea.

The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The Project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle (Figure 1)

ICF International has been retained to conduct a cultural resources survey and inventory to determine the presence or absence of cultural resources on the project site. The technical study includes both archival research and an intensive pedestrian survey. Archival research refers to both written and oral history including record searches at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission (NAHC), local historical societies and libraries, as well as Native American consultation. This consultation is part of ICF’s due diligence and not part of AB52 consultation process.

A records search completed by the SCCIC indicated no previously recorded resources in the project area. An ICF archaeologist conducted an intensive pedestrian survey of the project area and did not identify any resources in the project area. The project site has been mass graded and terraced in the 1960s and 1980s.

The NAHC completed a search of the Sacred Lands File which failed to indicate the presence of Native American cultural resources in the area. The NAHC also identify you as a person who may have concerns or knowledge of cultural resources in the project area. Any information you might be

Joyce Perry October 21, 2015 Page 2 of 2

able to share about the Project Area would greatly enhance the study and would be most appreciated.

If you have any recommendations regarding the Project, please address them to me so that I can incorporate them into our draft report. As required by State law, all site data and other culturally sensitive information will not be released to the general public and will be kept strictly confidential.

Sincerely,

Karolina Chmiel, MA Archaeologist

Encl. Figure 1

± 0 1,000 2,000

Feet

Source: USGS 7.5' Quad San Juan Capistrano

Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 10/21/2015 19566 Date: 10/21/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Project Location Sunpointe Residential Project

October 21, 2015

Rebecca Robles United Coalition to Protect Panhe 119 Avenida San Fernando San Clemente, CA 92672

Subject: SunPointe Residential Project, City of Laguna Nigel, Orange County

Dear Ms. Robles:

I’m writing to inform you that the City of Laguna Nigel proposes to develop up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modication areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Prole Area 3 and Colinas de Capistrano subarea.

The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The Project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle (Figure 1)

ICF International has been retained to conduct a cultural resources survey and inventory to determine the presence or absence of cultural resources on the project site. The technical study includes both archival research and an intensive pedestrian survey. Archival research refers to both written and oral history including record searches at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission (NAHC), local historical societies and libraries, as well as Native American consultation. This consultation is part of ICF’s due diligence and not part of AB52 consultation process.

A records search completed by the SCCIC indicated no previously recorded resources in the project area. An ICF archaeologist conducted an intensive pedestrian survey of the project area and did not identify any resources in the project area. The project site has been mass graded and terraced in the 1960s and 1980s.

The NAHC completed a search of the Sacred Lands File which failed to indicate the presence of Native American cultural resources in the area. The NAHC also identify you as a person who may have concerns or knowledge of cultural resources in the project area. Any information you might be

Rebecca Robles October 21, 2015 Page 2 of 2

able to share about the Project Area would greatly enhance the study and would be most appreciated.

If you have any recommendations regarding the Project, please address them to me so that I can incorporate them into our draft report. As required by State law, all site data and other culturally sensitive information will not be released to the general public and will be kept strictly confidential.

Sincerely,

Karolina Chmiel, MA Archaeologist

Encl. Figure 1

± 0 1,000 2,000

Feet

Source: USGS 7.5' Quad San Juan Capistrano

Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 10/21/2015 19566 Date: 10/21/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Project Location Sunpointe Residential Project

October 21, 2015

Teresa Romero, Chairwoman Juaneno Band of Mission Indians Acjachemen 31411-A La Matanza Street San Juan Capistrano, CA 92675

Subject: SunPointe Residential Project, City of Laguna Nigel, Orange County

Dear Ms. Romero:

I’m writing to inform you that the City of Laguna Nigel proposes to develop up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modication areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Prole Area 3 and Colinas de Capistrano subarea.

The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The Project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle (Figure 1)

ICF International has been retained to conduct a cultural resources survey and inventory to determine the presence or absence of cultural resources on the project site. The technical study includes both archival research and an intensive pedestrian survey. Archival research refers to both written and oral history including record searches at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission (NAHC), local historical societies and libraries, as well as Native American consultation. This consultation is part of ICF’s due diligence and not part of AB52 consultation process.

A records search completed by the SCCIC indicated no previously recorded resources in the project area. An ICF archaeologist conducted an intensive pedestrian survey of the project area and did not identify any resources in the project area. The project site has been mass graded and terraced in the 1960s and 1980s.

The NAHC completed a search of the Sacred Lands File which failed to indicate the presence of Native American cultural resources in the area. The NAHC also identify you as a person who may have concerns or knowledge of cultural resources in the project area. Any information you might be

Teresa Romero October 21, 2015 Page 2 of 2

able to share about the Project Area would greatly enhance the study and would be most appreciated.

If you have any recommendations regarding the Project, please address them to me so that I can incorporate them into our draft report. As required by State law, all site data and other culturally sensitive information will not be released to the general public and will be kept strictly confidential.

Sincerely,

Karolina Chmiel, MA Archaeologist

Encl. Figure 1

± 0 1,000 2,000

Feet

Source: USGS 7.5' Quad San Juan Capistrano

Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 10/21/2015 19566 Date: 10/21/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Project Location Sunpointe Residential Project

October 21, 2015

Adolph “Bud” Sepulveda, Vice Chairperson Juaneno Band of Mission Indians PO Box 25828 Santa Ana, CA 92799

Subject: SunPointe Residential Project, City of Laguna Nigel, Orange County

Dear Mr. Sepulveda:

I’m writing to inform you that the City of Laguna Nigel proposes to develop up to 71 small-lot single family residences, separated into 6 pad areas, on a 19.5-acre hillside located in the northeastern portion of the City of Laguna Niguel. The project plans also include a retaining wall surrounding the perimeter of the site, fuel modication areas, two parks, and inclusion of the existing city bike path, which traverses the northern boundary of the project site. This proposed project would require a General Plan amendment to increase the general allowable density from 35 units to 71 units in the Community Prole Area 3 and Colinas de Capistrano subarea.

The project site encompasses 19.5 acres of hillside property, accessible through an existing neighborhood at the southern terminus of Avenida Del Caballo in Laguna Niguel. The assessor’s parcel numbers are 637-071-1 through 637-071-36, -47, and -48. The Project falls within portions of the SE 1/4 of Section 23 of Township 7 South, Range 8 West (San Bernardino Base Meridian), as depicted on the San Juan Capistrano, California USGS 7.5’ quadrangle (Figure 1)

ICF International has been retained to conduct a cultural resources survey and inventory to determine the presence or absence of cultural resources on the project site. The technical study includes both archival research and an intensive pedestrian survey. Archival research refers to both written and oral history including record searches at the South Central Coastal Information Center (SCCIC), the Native American Heritage Commission (NAHC), local historical societies and libraries, as well as Native American consultation. This consultation is part of ICF’s due diligence and not part of AB52 consultation process.

A records search completed by the SCCIC indicated no previously recorded resources in the project area. An ICF archaeologist conducted an intensive pedestrian survey of the project area and did not identify any resources in the project area. The project site has been mass graded and terraced in the 1960s and 1980s.

The NAHC completed a search of the Sacred Lands File which failed to indicate the presence of Native American cultural resources in the area. The NAHC also identify you as a person who may have concerns or knowledge of cultural resources in the project area. Any information you might be

Adolph “Bud” Sepulveda October 21, 2015 Page 2 of 2

able to share about the Project Area would greatly enhance the study and would be most appreciated.

If you have any recommendations regarding the Project, please address them to me so that I can incorporate them into our draft report. As required by State law, all site data and other culturally sensitive information will not be released to the general public and will be kept strictly confidential.

Sincerely,

Karolina Chmiel, MA Archaeologist

Encl. Figure 1

± 0 1,000 2,000

Feet

Source: USGS 7.5' Quad San Juan Capistrano

Project Area K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Search Map.mxd Date: 10/21/2015 19566 Date: 10/21/2015 Map.mxd Search K:\Irvine\GIS\Projects\City_of_Laguna_Niguel\00406_15\mapdoc\Cultural\Record Figure 1 Project Location Sunpointe Residential Project November 23, 2015

Karolina Chmiel, MA Archaeologist ICF International 525 B Street Suite 1700 San Diego, CA 92101

Re: SunPointe Residential Project, City of Laguna Nigel, Orange County

Thank you for the opportunity to review the Cultural Resources Assessment for this project. We concur with the findings that the project will not affect archaeological resources due to the fact that the project site has been mass graded and terraced in the 1960s and 1980s. In the unlikely event that human remains are encountered during construction, we would like to be notified in addition to compliance with Section 5097.98 of the Public Resources Code.

Sincerely,

Rebecca Robles United Coalition to Protect Panhe

GABRIELENO BAND OF MISSION INDIANS – KIZH NATION Historically known as The San Gabriel Band of Mission Indians recognized by the State of California as the aboriginal tribe of the

Jonathan Orduna, Senior Planner City of Laguna Niguel 30111 Crown Valley Parkway Laguna Niguel, CA 92677

RE: AB52 consultation response for SunPointe Residential Development

Dear Mr. Orduna, January 18, 2016

Please find this letter in response to your request for consultation for the Sun Pointe Residential Development project. I have reviewed the project site and do have concerns for cultural resources. The homeland of the Kizh Gabrieleño was probably the most influential Native American group in aboriginal southern California (Bean and Smith 1978a:538), was centered in the Los Angeles Basin, and reached as far east as the San Bernardino-Riverside area. The homeland of our neighbors the Serranos was primarily the San Bernardino Mountains, including the slopes and lowlands on the north and south flanks. Whatever the linguistic affiliation, Native Americans in and around the project area exhibited similar organization and resource procurement strategies. Villages were based on clan or lineage groups. Their home / base sites are marked by midden deposits often with bedrock mortars. During their seasonal rounds to exploit plant resources, small groups would migrate within their traditional territory in search of specific plants and animals. Their gathering strategies left behind signs of special use sites, usually grinding slicks on bedrock boulders, at the locations of the resources.

Typically when we have concerns for cultural resources, we request one of our certified Native American Monitor to be on site during any and all ground disturbances (including but not limited to pavement removal, post holing, auguring, boring, grading, excavation and trenching) to protect any cultural resources which may be effected during construction or development. It is especially interesting that a site was found in the near vicinity. In all cases, when the Native American Heritage Commission states there are “no records of sacred sites in the project area” the NAHC will always refer lead agencies to the respective Native American Tribe because the NAHC is only aware of general information and are not the experts on each California Tribe. Our Elder Committee & Tribal Historians are the experts for our Tribe and are able to provide a more complete history (both written and oral) regarding the location of historic villages, trade routes, cemeteries and sacred/religious sites in the project area. While the property may be located in an area that has been previously developed, numerous examples can be shared to show that there still is a possibility that unknown, yet significant, cultural resources will be encountered during ground disturbance activities. Please note, if they haven’t been listed with the NAHC, it doesn’t mean that they aren’t there. Not everyone reports what they know.

The recent implementation of AB52 dictates that lead agencies consult with Native American Tribes who can prove and document traditional and cultural affiliation with the area of said project in order to protect cultural resources. Our priorities are to avoid and protect without delay or conflicts – to consult with you to avoid unnecessary destruction of cultural and biological resources, but also to protect what resources still exist at the project site for the benefit and education of future generations.

With respect,

Andrew Salas, Chairman cell (626)926-4131

Andrew Salas, Chairman Nadine Salas, Vice-Chairman Christina Swindall Martinez, secretary Albert Perez, treasurer I Martha Gonzalez Lemos, treasurer II Richard Gradias, Chairman of the council of Elders

PO Box 393 Covina, CA 91723 [email protected] [email protected]

Confidential Appendix D AB52 Consultation