Appendix D Cultural and Paleontological Resources Assessment

CREEKSIDE SPECIFIC PLAN DRAFT EIR CITY OF SAN JUAN CAPISTRAN O Appendices

September 2020 CREEKSIDE SPECIFIC PLAN DRAFT EIR CITY OF SAN JUAN CAPISTRANO Appendices

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PlaceWorks CULTURAL AND PALEONTOLOGICAL RESOURCES ASSESSMENT FOR THE CREEKSIDE SPECIFIC PLAN, SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA

Prepared for: PlaceWorks 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707

Authors: Sandy Duarte, B.A., Molly Valasik, M.A., Kim Scott, M.S.

Principal Investigator: Molly Valasik, M.A., RPA, Orange County Certified Principal Archaeologist Kim Scott, M.S., Orange County Certified Principal Paleontologist

Date January 2020

Cogstone Project Number: 4743 Type of Study: Cultural and Paleontological Resources Assessment Sites: None USGS Quadrangle: San Juan Capistrano 7.5’ Area: 15.3 acres Key Words: Negative survey, cultural resources assessment, paleontological resources assessment, late Miocene to early Pliocene Capistrano Formation, Pleistocene axial channel deposits

1518 West Taft Avenue Field Offices cogstone.com Orange, CA 92865 San Diego • Riverside • Morro Bay • Sacramento • Toll free 888-333-3212 Office (714) 974-8300 Arizona

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D-1 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

TABLE OF CONTENTS

SUMMARY OF FINDINGS ...... IV INTRODUCTION ...... 1 PURPOSE OF STUDY ...... 1 PROJECT LOCATION ...... 2 PROJECT DESCRIPTION ...... 2 PROJECT PERSONNEL ...... 5 REGULATORY ENVIRONMENT ...... 5 CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (CEQA) (PRC § SECTION 21000 ET SEQ.) ...... 5 TRIBAL CULTURAL RESOURCES ...... 6 CALIFORNIA REGISTER OF HISTORICAL RESOURCES (PRC § 5024.1) ...... 7 CALIFORNIA PUBLIC RESOURCES CODE SECTION § 5097.5 ...... 8 CALIFORNIA ADMINISTRATIVE CODE, TITLE 14, SECTION 4307 ...... 8 CITY OF SAN JUAN CAPISTRANO, CITY COUNCIL POLICY NUMBER 601 ...... 8 DEFINITION OF SIGNIFICANCE FOR PALEONTOLOGICAL RESOURCES ...... 10 BACKGROUND ...... 11 GEOLOGICAL SETTING ...... 11 PALEONTOLOGICAL SETTING ...... 11 STRATIGRAPHY ...... 11 Old axial channel deposits, middle to late Pleistocene ...... 11 Very old axial channel deposits, early to middle Pleistocene ...... 13 Capistrano Formation, siltstone facies, late Miocene to early Pliocene ...... 13 ENVIRONMENTAL SETTING ...... 13 PREHISTORIC SETTING ...... 13 PREHISTORIC CHRONOLOGY...... 14 ETHNOGRAPHY ...... 16 HISTORIC SETTING ...... 18 SPANISH PERIOD (1769-1820) ...... 18 MEXICAN PERIOD (1821-1847) ...... 20 AMERICAN PERIOD (1848-1899) ...... 21 20TH CENTURY (1900-1999) ...... 23 PROJECT AREA HISTORY ...... 24 RECORDS SEARCHES ...... 25 PALEONTOLOGICAL RECORD SEARCH ...... 25 LATE MIOCENE TO EARLY PLIOCENE: CAPISTRANO FORMATION ...... 25 PLEISTOCENE DEPOSITS ...... 25 NATIVE AMERICAN CONSULTATION ...... 34 SURVEY ...... 34 METHODS ...... 34 RESULTS ...... 35 PALEONTOLOGICAL SENSITIVITY ...... 36 CONCLUSIONS AND RECOMMENDATIONS ...... 37 PALEONTOLOGICAL RESOURCES ...... 37 CULTURAL RESOURCES ...... 38 RECOMMENDATIONS ...... 38

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REFERENCES CITED ...... 40 APPENDIX A. QUALIFICATIONS...... 44 APPENDIX B. PALEONTOLOGICAL RECORD SEARCH ...... 50 APPENDIX C. PALEO SENSITIVITY CRITERIA...... 54 APPENDIX D. NATIVE AMERICAN CONSULTATION ...... 56

LIST OF FIGURES

FIGURE 1. PROJECT VICINITY MAP ...... 1 FIGURE 2. PROJECT LOCATION ...... 3 FIGURE 3. PROJECT AREA ...... 4 FIGURE 4. GEOLOGY MAP ...... 12 FIGURE 5. NATIVE AMERICAN TRADITIONAL TRIBAL TERRITORIES ...... 17 FIGURE 6. MISSION SAN JUAN CAPISTRANO BY JOHN GUTZON-BORGLUM ...... 19 FIGURE 7. VIEW OF FRONT OF BUILDING, VIEW EAST ...... 35

LIST OF TABLES

TABLE 1. CULTURAL PATTERNS AND PHASES ...... 15 TABLE 2. FOSSILS OF THE CAPISTRANO FORMATION SILTSTONE FACIES, SAN JUAN CAPISTRANO ...... 26 TABLE 3. FOSSILS FROM PLEISTOCENE DEPOSITS NEAR THE PROJECT AREA ...... 28 TABLE 4. PREVIOUS CULTURAL RESOURCE STUDIES ...... 29 TABLE 5. CULTURAL RESOURCE SITES ...... 32 TABLE 6. ADDITIONAL SOURCES CONSULTED ...... 33

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SUMMARY OF FINDINGS

This study was conducted to determine the potential impacts to cultural and paleontological resources during the Creekside Specific Plan Project, City of San Juan Capistrano, California (Project). This assessment report complies with the requirements of the California Environmental Quality Act (CEQA) with the City of San Juan Capistrano acting as lead agency.

The Project proposes to demolish the existing 123,000-square-foot building formerly used for manufacturing purpose to construct 188 resident units on 15.3 acres. The 188 units would consist of single-family detached units, single-family attached units, duplex units, multiple- family apartments and cooperatives, and multiple-family townhouse and condominium units.

The surface of the Project area is mapped as the late Miocene and early Pliocene siltstone facies of the Capistrano Formation, and middle to late Pleistocene old axial channel. Early to middle Pleistocene between very old axial channel deposits are present adjacent to the Project area and are likely present between the two units mapped at the project surface. The paleontological record search revealed no fossil localities from within the Project area, however seven localities are known from the siltstone facies of the Capistrano Formation and eight Pleistocene localities are known from the City of San Juan Capistrano. Locally fossils of pinnipeds, baleen and toothed whales, camels, pronghorn, elephant, birds, bony fish, sharks and rays, and marine invertebrates have been recovered from the siltstone facies of the Capistrano Formation. Pleistocene deposits in the area have produced fossils of ground sloth, dolphin, mammoth, mastodon, horse, tapir, bison, fish, shark, and marine invertebrates.

A search for cultural resources records of the Project area and a one-mile radius was completed at the South-Central Coastal Information Center (SCCIC) at the University of California, Fullerton on October 31, and November 06, 2019. Results of the records search indicated that 16 cultural resources are located outside the Project area but within the 0.5 mile record search radius. These include five prehistoric archaeological sites, five prehistoric isolates, one historic archaeological site, one historic isolate, and four historic built environment resources.

An intensive archaeological and paleontological resources survey of the Project area was completed on November 20, 2019. No archaeological or paleontological resources were observed.

Cogstone iv D-4 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project just southwest of Rancho Viejo Road and Ortega Highway. If unanticipated fossils are unearthed during construction, work should be halted in that area until a qualified paleontologist can assess the significance of the find. Work may resume immediately a minimum of 50 feet away from the find.

Based on the results of the record search and ethnographic data, the Project area boundary is in proximity to two prehistoric village sites and it is likely that substantive archaeological deposits exist. The Project area is considered moderately sensitive for cultural resources and archaeological monitoring by a qualified archaeologist on site during all ground disturbing activities is recommended.

In the event of an unanticipated discovery, all work must be suspended within 50 feet of the find until a qualified archaeologist can evaluate it. If human remains are unearthed during excavation, State Health and Safety Code Section 7050.5 states “there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered... [has made the appropriate assessment, and] …recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code.”

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INTRODUCTION

PURPOSE OF STUDY

This study was conducted to determine the potential impacts to cultural and paleontological resources during the Creekside Specific Plan Project, City of San Juan Capistrano, California (Project) (Figure 1). The City of San Juan Capistrano is the lead agency under the California Environmental Quality Act (CEQA) and this study provides environmental documentation as required by CEQA.

Figure 1. Project Vicinity Map

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PROJECT LOCATION

The Project is located at 30700 Rancho Viejo Road in the City of San Juan Capistrano. The Project area is bordered by Rancho Viejo Road to the west, Malaspina Road to the north, a shared driveway with Fluidmaster, Inc. to the south, and open space to the east. The Project is currently accessed via two driveways from Rancho Viejo Road and a driveway from Malaspina Road.

The Project is located within Township 7 South, Range 8 West, Section 36 of the San Bernardino Base and Meridian. The Project area is mapped on the United States Geological Survey (USGS) 7.5-minute San Juan Capistrano topographic map (Figure 2).

PROJECT DESCRIPTION

The Project proposes to demolish the existing 123,000-square-foot building, to construct 188 resident units on 15.3 acres. The 188 units would consist of single-family detached units, single- family attached units, duplex units, multiple-family apartments and cooperatives, and multiple- family townhouse and condominium units (Figure 3).

The building was formally used for manufacturing purpose by the Endevco Corporation and has been vacant since 2013. This has been an ongoing source of code enforcement issues related to graffiti, poorly maintained vegetation, illegal dumping, and unauthorized entry.

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Figure 2. Project location

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Figure 3. Project area

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PROJECT PERSONNEL

Cogstone conducted the cultural and paleontological resources study. Resumes of key personnel are provided in Appendix A.

• Molly Valasik served as the Principal Investigator for Archaeology the Project and reviewed this report. Valasik has an M.A. in Anthropology from Kent State University in Ohio and over 10 years of experience in Southern California archaeology. • Desireé Martinez served as the Task Manager for this Project. Martinez has an M.A. in Anthropology (Archaeology) from Harvard University, Cambridge, a B.S. in Anthropology from University of Pennsylvania, Philadelphia, is a Registered Professional Archaeologist (RPA) with over 22 years of experience in archaeology. • Kim Scott served as the Principal Investigator for Paleontology for the Project and wrote the geological and paleontological portions of this report. Scott has an M.S. in Biology with paleontology emphasis from California State University, San Bernardino, a B.S. in Geology with paleontology emphasis from the University of California, Los Angeles, and over 24 years of experience in California paleontology and geology. • Sandy Duarte conducted the record search, field survey, and authored portions of this report. Duarte holds a B.A. in Anthropology from University of California, Santa Barbara, and has more than 15 years of experience in archaeology. • Logan Freeberg conducted the paleontological record search and prepared the maps. Freeberg holds a B.A. in Anthropology from University of California, Santa Barbara, and has more than 15 years of experience.

REGULATORY ENVIRONMENT

This Project is subject to state and local regulations regarding cultural and paleontological resources. The Project must meet the requirements of CEQA in addition to the goals and polices regarding the identification and protection of important archaeological and paleontological resources within the City of San Juan Capistrano.

CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (CEQA) (PRC § SECTION 21000 ET SEQ.)

CEQA states that: It is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would

Cogstone 5 D-10 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project substantially lessen the significant environmental effects of such projects, and that the procedures required are intended to assist public agencies in systematically identifying both the significant effects of proposed project and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.

CEQA declares that it is state policy to: “take all action necessary to provide the people of this state with...historic environmental qualities.” It further states that public or private projects financed or approved by the state are subject to environmental review by the state. All such projects, unless entitled to an exemption, may proceed only after this requirement has been satisfied. CEQA requires detailed studies that analyze the environmental effects of a proposed project. In the event that a project is determined to have a potential significant environmental effect, the act requires that alternative plans and mitigation measures be considered. If archaeological or paleontological resources are identified as being within the proposed project study area, the sponsoring agency must take those resources into consideration when evaluating project effects. The level of consideration may vary with the importance of the resource.

TRIBAL CULTURAL RESOURCES As of 2015, CEQA established that “[a] project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (Public Resources Code, § 21084.2). In order to be considered a “tribal cultural resource,” a resource must be either: (1) listed, or determined to be eligible for listing, on the national, state, or local register of historic resources, or (2) a resource that the lead agency chooses, in its discretion, to treat as a tribal cultural resource.

To help determine whether a project may have such an effect, the lead agency must consult with any California Native American tribe that requests consultation and is traditionally and culturally affiliated with the geographic area of a proposed project. If a lead agency determines that a project may cause a substantial adverse change to tribal cultural resources, the lead agency must consider measures to mitigate that impact. Public Resources Code §20184.3 (b)(2) provides examples of mitigation measures that lead agencies may consider to avoid or minimize impacts to tribal cultural resources.

In applying those criteria, a lead agency must consider the value of the resource to the tribe. For example, in considering the criterion that a resource is “associated with the lives of persons important in our past,” a lead agency would ask whether the resource is associated with the lives of persons important to the relevant tribe’s past. That determination must be supported with substantial evidence.

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If a lead agency determines that a project may cause a substantial adverse change to tribal cultural resources, the lead agency must consider measures to mitigate that impact. PRC §20184.3 (b)(2) provides examples of mitigation measures that lead agencies may consider to avoid or minimize impacts to tribal cultural resources.

CALIFORNIA REGISTER OF HISTORICAL RESOURCES (PRC § 5024.1)

PRC § 5024.1, which is applicable to this project, establishes the California Register of Historical Resources (CRHR). Historic resources encountered during the project may be eligible for inclusion on the CRHR since the undertaking is subject to PRC § 5024.1. The register is a listing of all properties considered to be significant historical resources in the state. The California Register includes all properties listed or determined eligible for listing on the National Register, including properties evaluated under Section 106, and State Historical Landmarks from No. 770 on. The criteria for listing are the same as those of the National Register. The California Register statute specifically provides that historical resources listed, determined eligible for listing on the California Register by the State Historical Resources Commission, or resources that meet the California Register criteria are resources which must be given consideration under CEQA (see above). Other resources, such as resources listed on local registers of historic registers or in local surveys, may be listed if they are determined by the State Historic Resources Commission to be significant in accordance with criteria and procedures to be adopted by the Commission and are nominated; their listing in the California Register is not automatic.

Resources eligible for listing include buildings, sites, structures, objects, or historic districts that retain historic integrity and are historically significant at the local, state, or national level under one or more of the following four criteria: 1) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; 2) It is associated with the lives of persons important to local, California, or national history; 3) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values; or 4) It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.

In addition to having significance, resources must have integrity for the period of significance. The period of significance is the date or span of time within which significant events transpired, or significant individuals made their important contributions. Integrity is the authenticity of a historical resource’s physical identity as evidenced by the survival of characteristics or historic

Cogstone 7 D-12 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project fabric that existed during the resource’s period of significance. Alterations to a resource or changes in its use over time may have historical, cultural, or architectural significance. Simply, resources must retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the California Register, if, under Criterion 4, it maintains the potential to yield significant scientific or historical information or specific data.

CALIFORNIA PUBLIC RESOURCES CODE SECTION § 5097.5

PRC § 5097.5 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, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over such lands. Violation of this section is a misdemeanor.

As used in this section, "public lands" means lands owned by, or under the jurisdiction of, the state, or any city, county, district, authority, or public corporation, or any agency thereof. Consequently, local project proponents as well as state entities are required to comply with PRC 5097.5 for their own activities, including construction and maintenance, as well as for permit actions (e.g., encroachment permits) undertaken by others.

CALIFORNIA ADMINISTRATIVE CODE, TITLE 14, SECTION 4307

This section states that “No person shall remove, injure, deface, or destroy any object of paleontological, archeological or historical interest or value.”

CITY OF SAN JUAN CAPISTRANO, CITY COUNCIL POLICY NUMBER 601

The intent and purpose for the management of historic, archaeological, and paleontological resources is guided by the City of San Juan Capistrano’s Council Policy Number 601 and is as follows (City of San Juan Capistrano 1997): a. It is the general intent of the City Council to protect and preserve its unique heritage and valuable built historic, archaeological, and paleontological resources within the community. In support of this specific goal the City has adopted a Historic Archaeological Element as a part of the City's General Plan.

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b. Since 1985, the City has conducted extensive archaeological studies in the immediate downtown area of the City which have resulted in the discovery of archaeological resources associated with the community's historic past. In response to these discoveries, the City Council has determined that it is necessary to establish specific procedures and policies to ensure that significant historic resources, either known or discovered during construction, will be preserved as a community resource in the most financially equitable method. c. To establish administrative procedures for the preparation of site surveys by professionally qualified persons, i.e., with a specific field of expertise in conducting research and on-site surveys regarding potential historic, archaeological and paleontological resources. d. To establish review procedures to evaluate historic resource reports, including possible impacts to sites, structures, and artifacts and identification of potential mitigation measures or project alternatives. e. To adopt procedures to insure proper mitigation measures and monitoring are implemented during development to provide historic resource protection and preservation. f. To establish administrative procedures where all significant historic, archaeological and paleontological sites would be recorded with the City and with the proper corresponding research institution. g. To effect and accomplish the protection, enhancement, and perpetuation of historically significant structures, sites, objects and historic districts which represent or reflect elements of the Nation's, State's and/or City's cultural, social, economic, political and architectural history.

City Council Policy Number 601 definitions that apply to certain terms included in the policy: a. Historic Resource - a district, site, building, structure or object significant in American history, architecture, engineering, archaeology or culture at the national, state or local level. b. Sensitive Area - an area that is located immediately adjacent to known sites, and/or an area that historic maps or reference materials indicates the presence of possible artifacts. c. Significant Historic or Cultural Resource - an artifact that can be associated with an event or person having a recognized significance in California or American history, or recognized as having scientific importance in the prehistory period, has a special or particular quality such as oldest, best example, or last surviving example of its kind; is at least 50 years old and possesses substantial stratigraphic integrity, or involves important research questions that historical research has shown can be answered only with

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archaeological methods. d. Significant Paleontological Site - an area where the presence of paleontological artifacts which have a particular scientific importance such as containing a complete species or located in a unique stratigraphic location and/or geologic formation.

DEFINITION OF SIGNIFICANCE FOR PALEONTOLOGICAL RESOURCES

Only qualified, trained paleontologists with specific expertise in the type of fossils being evaluated can determine the scientific significance of paleontological resources. Fossils are considered to be significant if one or more of the following criteria apply: 1. The fossils provide information on the evolutionary relationships and developmental trends among organisms, living or extinct; 2. The fossils provide data useful in determining the age(s) of the rock unit or sedimentary stratum, including data important in determining the depositional history of the region and the timing of geologic events therein; 3. The fossils provide data regarding the development of biological communities or interaction between paleobotanical and paleozoological biotas; 4. The fossils demonstrate unusual or spectacular circumstances in the history of life; 5. The fossils are in short supply and/or in danger of being depleted or destroyed by the elements, vandalism, or commercial exploitation, and are not found in other geographic locations.

As so defined, significant paleontological resources are determined to be fossils or assemblages of fossils that are unique, unusual, rare, uncommon, or diagnostically important. Significant fossils can include remains of large to very small aquatic and terrestrial vertebrates or remains of plants and animals previously not represented in certain portions of the stratigraphy. Assemblages of fossils that might aid stratigraphic correlation, particularly those offering data for the interpretation of tectonic events, geomorphologic evolution, and paleoclimatology are also critically important (Scott and Springer 2003, Scott et al. 2004).

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BACKGROUND

The geologic, paleontological, and environmental sections below provides information on the environmental factors that affect archaeological and paleontological resources, while the prehistoric and historical settings provide information on the history of land use in the general project region.

GEOLOGICAL SETTING

The Project area is in the northern extent of the California Geomorphic Province known as the Peninsular Ranges. The Peninsular Ranges geomorphic province extends from Mount San Jacinto in the north, through the tip of Baja, Mexico in the south. Subparallel to these ranges on the east is the San Andreas Fault Zone. The northwestwards motion of the Pacific Plate has created these ranges and their corresponding valleys.

PALEONTOLOGICAL SETTING Southern Orange County has a complicated paleoenvironmental history which began at the age of dinosaurs about 66 million years ago (66 Ma). The past 66 Ma has seen the region transition from coastal lowlands during the Paleocene to Oligocene, to shallow marine during the early Miocene, to deep marine during the early to early-late Miocene, back to shallow marine in the latest Miocene through the Pliocene, and finally to increasingly arid terrestrial deposits from the Pleistocene to the Holocene.

STRATIGRAPHY The surface of the Project area is mapped as the informal siltstone facies of the Capistrano Formation deposited during late Miocene and early Pliocene between ~11.6 Ma and ~3.6 Ma, and old axial channel deposits emplaced during the middle to late Pleistocene between ~126,000 and ~11,700 years ago. Adjacent to the Project area, the very old axial channel deposits emplaced during the early to middle Pleistocene between ~2.6 Ma and ~126,000 years ago are likely present between the two units mapped at the Project surface (Figure 4; Morton and Miller 2006).

Old axial channel deposits, middle to late Pleistocene Axial channel deposits were emplaced adjacent to streams in through-going stream valleys. These sediments are usually dominated by sand, but contain pebbles, silts, and clays depending on the location and type of source material. These brownish deposits are moderately dissected and slightly to moderately indurated (Morton and Miller 2006).

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Geology from Morton and Miller 2006.

Figure 4. Geology map

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Very old axial channel deposits, early to middle Pleistocene These sediments are as above, however, they are reddish-brown, typically very dissected, and moderately to well-indurated indurated (Morton and Miller 2006).

Capistrano Formation, siltstone facies, late Miocene to early Pliocene The informal siltstone facies of the Capistrano Formation appear as white to pale gray, massive to crudely bedded, friable, siltstone and mudstone. Locally this unit contains sandstone, calcareous mudstone beds, and sparse diatomaceous and tuffaceous beds (Morton and Miller 2006).

ENVIRONMENTAL SETTING

The Project location is situated east of the confluence of the Oso Creek and Trabuco Creek; Trabuco Creek merges into San Juan Creek south of the Project area. It is likely that creeks were more abundant during the prehistoric period, offering a flowing and year-round water source for human occupation and supporting a variety of wildlife. Modern vegetation in the Project area consists mostly of introduced plants, not native species. The native plant community was coastal sage scrub (Rundel and Gustafson 2005).

The climate of San Juan Capistrano is Mediterranean, ranging from cool, moist winters to dry, hot summers; mild breezes reach the area from the Pacific Ocean, located southwest of the Project location. Climate was similar in late prehistoric times.

PREHISTORIC SETTING

Approaches to prehistoric frameworks have changed over the past half century from being based on material attributes to radiocarbon chronologies to association with cultural traditions. Archaeologists defined a material complex consisting of an abundance of milling stones (for grinding food items) with few projectile points or vertebrate faunal remains dating from about 7 to 3 thousand years before the present as the “Millingstone Horizon” (Wallace 1955). Later, the “Millingstone Horizon” was redefined as a cultural tradition named the Encinitas Tradition (Warren 1968) with various regional expressions including Topanga and La Jolla. Use by archaeologists varied as some adopted a generalized Encinitas Tradition without regional variations, some continued to use “Millingstone Horizon” and some used Middle Holocene (the time period) to indicate this observed pattern (Sutton and Gardner 2010:1-2).

Recently, it was recognized that generalized terminology is suppressing the identification of cultural, spatial, and temporal variation and the movement of peoples throughout space and time. These factors are critical to understanding adaptation and change (Sutton and Gardner 2010:1-2).

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The Encinitas Tradition characteristics are abundant metates and manos, crudely made core and flake tools, bone tools, shell ornaments, and very few projectile points with subsistence focusing on collecting (plants, shellfish, etc.) (Sutton and Gardner 2010:7). Faunal remains vary by location but include shellfish, land animals, marine mammals, and fish.

The Encinitas Tradition is currently redefined as comprising four geographical patterns (Sutton and Gardner 2010: 8-25). These are (1) Topanga in coastal Los Angeles and Orange counties; (2) La Jolla in coastal San Diego County; (3) Greven Knoll in inland San Bernardino, Riverside, Orange, and Los Angeles counties; and (4) Pauma in inland San Diego County.

About 1,300 years before present the Encinitas Tradition was replaced by a new archaeological entity, the Palomar Tradition, in southern Orange County and the interior south of the Mojave Desert. The Palomar Tradition is marked by a series of changes in the archaeological record, including bow and arrow, new rock art styles, settlement and subsistence systems, and perhaps ideology. Two patterns, San Luis Rey and Peninsular, have been defined with the Palomar Tradition (Sutton 2011). The San Luis Rey component was originally defined by Meighan (1954).

PREHISTORIC CHRONOLOGY The latest cultural revisions for the Project area define traits for time phases of the Topanga pattern of the Encinitas Tradition applicable to coastal Los Angeles and Orange counties (Sutton and Gardner 2010; Table 1). This pattern is replaced in the Project area by the Angeles pattern of the Del Rey Tradition later in time (Sutton 2010; Table 1).

Topanga Pattern groups were relatively small and highly mobile. Sites known are temporary campsites, not villages, and tend to be along the coast in wetlands, bays, coastal plains, near- coastal valleys, marine terraces and mountains. The Topanga toolkit is dominated by manos and metates with projectile points scarce (Sutton and Gardner 2010:9).

In Topanga Phase I other typical characteristics were a few mortars and pestles, abundant core tools (scraper planes, choppers, and hammerstones), relatively few large, leaf-shaped projectile points, cogged stones, and early discoidals (Table 1). Secondary inhumation under cairns was the common mortuary practice. In Orange County as many as 600 flexed burials were present at one site and dated 6, 435 radiocarbon years before present (Sutton and Gardner 2010:9,13)

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Table 1. Cultural Patterns and Phases

Phase Dates Material Culture Other Traits BP Topanga 8,500 Abundant manos and metates, many core Shellfish and hunting important, secondary I to tools and scrapers, few but large points, burials under metate cairns (some with long 5,000 charmstones, cogged stones, early bones only), some extended inhumations, no discoidals, faunal remains rare cremations Topanga 5,000 Abundant but decreasing manos and Shellfish important, addition of acorns, II to metates, adoption of mortars and pestles, reburial of long bones only, addition of 3,500 smaller points, cogged stones, late flexed inhumations (some beneath metate discoidals, fewer scraper planes and core cairns), cremations rare tools, some stone balls and charmstones 3,500 Abundant but decreasing manos and Hunting and gathering important, flexed Topanga to metates, increasing use of mortars and inhumations (some under rock cairns), III 1,300 pestles, wider variety of small projectile cremations rare, possible subsistence focus points, stone-lined ovens on yucca/agave Angeles 1,000 Cottonwood arrow points for arrows appear, Changes in settlement pattern to fewer but IV to 800 Olivella cupped beads and Mytilus shell larger permanent villages, flexed primary disks appear, some imported pottery appears, inhumations, cremations uncommon possible appearance of ceramic pipes Angeles 800 to Artifact abundance and size increases, Development of mainland dialect of V 450 steatite trade from islands increases, larger Gabrielino, settlement in open grasslands, and more elaborate effigies exploitation of marine resources declined and use of small seeds increased, flexed primary inhumations, cremations uncommon Angeles 450 to Addition of locally made pottery, metal Use of domesticated animals, flexed primary VI 150 needle-drilled Olivella beads, addition of inhumations continue, some cremations Euroamerican material culture (glass beads and metal tools)

In Topanga Phase II, flexed burials and secondary burial under cairns continued. Adoption of the mortar and pestle is a marker of this phase. Other typical artifacts include manos, metates, scrapers, core tools, discoidals, charmstones, cogged stones and an increase in the number of projectile points. In Orange County stabilization of sea level during this time period resulted in increased use of estuary, near shore and local terrestrial food sources (Sutton and Gardner 2010:14-16).

In Topanga Phase III, there was continuing abundance of metates, manos, and core tools plus increasing amounts of mortars and pestles. More numerous and varied types of projectile points are observed along with the introduction of stone-line earthen ovens. Cooking features such as these were possibly used to bake yucca or agave. Both flexed and extended burials are known (Sutton and Gardner 2010:17).

San Luis Rey pattern groups demonstrate formation of major village sites along with small satellite villages. In Orange County, there was some focus on marine resources and settlement

Cogstone 15 D-20 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project was primarily coastal. The San Luis Rey toolkit has mortars and pestles along with bow and arrow technology (Sutton 2011).

The San Luis Rey I phase reflects a number of changes including a decrease in the use of scrapers, occasional mortars with associated manos and pestles, the appearance of Cottonwood Triangular arrow points, bone awls, and stone ornaments, and the possible appearance of bedrock slicks. Conspicuous black midden appears also. Primary inhumation was common with primary pit cremation used more through time. It seems possible that the initial expansion of Palomar traits into southern Orange County could be reflected in the distribution of the Juaneño, whose ancestors may have been the initial San Luis Rey I people (Sutton 2011).

The San Luis Rey II phase reflects important changes including appearance of Tizon Brown pottery, deep concave base Cottonwood points, small numbers of steatite shaft straighteners, and introduction of Euroamerican materials such as glass beads and metal knives. Other characteristics include an increase in bedrock milling features with mortars and slicks, and the appearance of cupule boulders and rock rings. Primary cremation in pits appears to have been the principal mortuary practice. Locations of cremations were not marked and there were no formal cemeteries (Sutton 2011).

ETHNOGRAPHY

The Project area is within the territory of the Acjachemen (Juaneño). The Acjachemen speak a language that is part of the Takic language family. Their traditional tribal territory was situated partly in northern San Diego County and partly in southern Orange County (Figure 5). The boundaries were Las Pulgas Creek (south), Aliso Creek (north), the Pacific Ocean (west), and the Santa Ana Mountains (east). Villages were mostly along San Juan Creek, Trabuco Creek, and San Mateo Creek. The two prehistoric villages nearest the Project area were site P-30-001338, located 0.25-0.5 miles northwest of the Project area (Schroth 1983), and site P-30-000855, located 0.25-0.5 miles due west of the Project area (Anonymous 1980).

In prehistory, the Acjachemen had a patrilineal society and lived in groups with other relatives. These groups had established claims to places including the sites of their villages and resource areas. Marriages were usually arranged from outside villages establishing a social network of related peoples in the region. There was a well-developed political system including a hereditary chief. Religion was an important aspect of their society. Religious ceremonies included rites of passage at puberty and mourning rituals (Kroeber 1925:636-647).

Houses were typically conical in shape and thatched with locally available plant materials. Work areas were often shaded by rectangular brush-covered roofs (ramada). Each village had a

Cogstone 16 D-21 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project ceremonial structure in the center enclosed by a circular fence where all religious activities were performed (Bean and Shipek 1978:553).

Figure 5. Native American traditional tribal territories

Women are known to have been the primary gatherers of plants foods, but also gathered shellfish and trapped small game animals. Men hunted large game, most small game, fished, and assisted with plant food gathering, especially of acorns. Adults were actively involved in making tools including nets, arrows, bows, traps, food preparation items, pottery, and ornaments. Tribal elders had important political and religious responsibilities and were involved in education of younger members (Bean and Shipek 1978:555).

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HISTORIC SETTING

SPANISH PERIOD (1769-1820) The earliest exploration of Orange County by Europeans was the land expedition of Gaspar de Portola. He set out from Mission San Diego to find a land route to the Bay of Monterey. His expedition passed through Orange County in northward (1769) and southward (1770) bound directions (Bean 1968:38). He named Trabuco Creek, Santiago Creek and other geographic features he encountered.

The seventh Franciscan mission in California was Mission San Juan Capistrano, founded in 1776, shortly after Portola’s visit to the area. The goals of the missions were trifold: they helped establish a Spanish presence on the west coast, allowed for a means to Christianize the native peoples, and served to exploit the native population as laborers. The Spanish also hoped each mission would become a town center, whereas, “the pueblo would receive a ground of four square leagues of land… and other property would be parceled out among the Indians.” The missionaries, or padres, would essentially serve as a mayor, or head of the town (Bean 1968:29- 30).

The original site chosen for the mission suffered from a poor water supply and by 1778, the Mission was moved to the current location near Trabuco Creek. The Acjachemen were reported to be friendly but wary (Hallan-Gibson 2001:173). Eventually many of the native peoples were induced to work at the Mission and become Christians. The process began slowly with only 24 baptisms, mostly children, in the first two years at Mission San Juan Capistrano (Haas 1995:17). A few adults requested baptism to gain access to knowledge and power. The converts were known as neophytes. The Acjachemen were permitted to elect a neophyte leader to liaison with the Mission fathers and soldiers. This was a practical matter since most Missions had two padres and a handful of soldiers. The native leaders were able to retain control of certain aspects of their communities; some long after the collapse of the mission system (Hackel 2005:228-229). In addition, godparents for the newly baptized were usually soldiers and their wives and the neophyte received one or more names from these godparents. This practice established bonds of responsibility between authority figures, the neophytes, and their parents (Haas 1995:21).

A small adobe chapel, called ‘Father Serra’s Church’ was constructed by the neophytes at the Mission. Father Serra said mass in the church in 1783 when the native population of the mission was recorded as 381 persons (Haas 1995:23). The surrounding area was planted with vegetables, fruit, grains and pasture lands for livestock grazing; several shops, barracks for soldiers, and storage structures were built, encircling a large patio (Hallan-Gibson 2001:16). Eight ranchos operated under the auspices of the mission at this time, including one at Trabuco (Aviña 1976: 88).

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Conversions accelerated from 1790 to 1812 as remaining Acjachemen were displaced from their lands by mission expansion. For example, the mission herds increased from 8 thousand head to 27 thousand head in the 15 years following 1790 (Haas 1995:21). Native population of the Mission tripled from 1783 to 1793 (Haas 1995:23) and led to the building of 40 adobe homes for neophytes and married soldiers in 1794, mostly south of the Mission (Hallan-Gibson 2001:173).

The mission is described in records dating to 1796 as counting nearly one thousand Indian neophytes living in or near the Mission compound and working the various farming, herding, candle and soap making, iron smelting, weaving, and tanning operations. Construction of the Great Stone church began in 1796 and was completed in 1806; the building measured 180 feet in length by 40 feet wide and included a massive bell tower that was 120 feet tall (Figure 6). Four bells were cast between 1796 and 1804 and were used to summon parishioners to mass. Population continued to increase and in 1807 an additional 34 adobes were built forming a block of the town. In December 1812, a massive earthquake struck the area, causing the stone church building to collapse, killing forty neophytes. The sanctuary, a stone baptismal font, the vestments, several wooden statues, and a few candlesticks survived the catastrophic event. After the fall of the bell tower, the bells were hung in a low campanario, which remains intact to date (Hallan-Gibson 2001:17-18).

The economy that developed during the Mission years was based on trading cattle hides and tallow for clothing, shoes, sugar and other goods the Missions did not produce themselves. This required large amounts of land for grazing the animals. Ships from the East Coast visited regularly, and California hides were turned into shoes as part of the first American Industrial Revolution (Beebe and Senkewicz 2001:434).

Figure 6. Mission San Juan Capistrano by John Gutzon-Borglum

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MEXICAN PERIOD (1821-1847) Mexico gained independence from Spain in 1821 and the new liberal politics of the Mexican Constitution of 1824 were embraced by the emerging generation of Californios and Californias (persons of Mexican heritage born in California). Most of these young people’s parents were soldiers from Sonora and Sinaloa who had risen to positions of authority within the military. The opportunities for upward mobility for themselves and their families were significant (Beebe and Senkewicz 2001:345).

Support for the Missions waned under the new political regime. A provisional emancipation proclamation was issued in 1826 promising freedom to neophytes who could demonstrate they were self-supporting and resulted in neophyte resistance to taking orders at the Mission (Haas 1995:38). In 1833, the Mission lands were appropriated (Secularization Act of 1833) by the Mexican government rather than being returned to the Native Americans. The Mexican government appointed a series of administrators to control the former Mission lands.

The neophyte alcaldes of San Juan Capistrano requested that the community be granted the land surrounding the mission which they had irrigated and were using to support themselves. The neophytes also established more than seven villages in the region. Legal title was never granted but formal protests of encroachment by non-Indians were lodged with the government by native leaders (Haas 1995:39). Throughout this period, Acjachemen remained socially networked to remaining villages and relatives outside the missions. The most common form of resistance remained flight to villages in the countryside (Haas 1995:41).

Californios from San Diego petitioned the government to open San Juan Capistrano Mission lands for their settlement. The Juaneño living in town, about 100 adults, were asked to vote on whether they favored becoming a pueblo. The town of San Juan Capistrano became an official Mexican pueblo in 1841 by a vote of 70 to 30. That year each Juaneño family received a house lot and a piece of land for agriculture, mostly in the eastern part of town. In addition, 40 Californios (including the petitioners from San Diego) received house lots and agricultural land. Most of these homes practiced subsistence farming utilizing their own lands for crops and public lands for grazing animals while also working as skilled or general laborers (Haas 1995:53-56).

The presence of Acjachemen villages was not considered when the Mexican government granted large tracts of land around the pueblo of San Juan Capistrano. The map (diseño) accompanying the application for Rancho El Niguel noted locations of three Acjachemen villages as geographic features. All of the villages and grazing sites of the Acjachemen were encompassed within land grants by 1943. All grants were to former administrators or their relatives by Governor Juan Alvarado. The grantees were Juan and Concepción Abila (also Avila – Niguel 1842), José

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Serrano (Cañada de las Alisos 1843), Santiago Argüello (Trabuco 1841), and Agustín Olvera (Misión Vieja 1842) (Haas 1995:45-47) (Figure 6).

After Pio Pico became Governor, he granted both Misión Vieja (1845) and Trabuco (1846) to his sister’s husband John (Juan) Forster, an immigrant from England (also other properties out of the immediate area). Forster and James McKinley purchased the mission itself for $710 at auction. The Forster family lived on the mission premises for approximately 20 years between 1845 and 1864 (Hallan-Gibson 2001:32). They permitted the Serra Chapel and one room for a padre to be used by the Catholic Church (Hallan-Gibson 2001:32).

Forster and other Euroamericans were integrated into Californio society through marriage (becoming Catholics, learning Spanish and becoming Mexican citizens was required prior to marriage to Californias). The wealth they brought with them enabled them to make land improvements and acquire business interests that began to reorganize the economy (Haas 1995:56).

Many of the early Euroamericans in California were merchants connected to the trade in hides, tallow, and other goods. After the 1820s, American fur traders opened overland travel into California and were quickly followed by American settlers. California representatives of the Mexican government recognized the threat of unrestricted travel into their territory but did not have personnel sufficient to protect their borders (Beebe and Senkewicz 2001: 355-357).

In 1846, the Mexican-American war erupted following the Bear Flag Revolt in California. Both the 1848 Treaty of Guadalupe Hidalgo in which Mexico ceded California to the United States and the unprecedented events of the Gold Rush that same year destabilized California, producing rapid, dramatic change (Haas 1995:56-57).

AMERICAN PERIOD (1848-1899) San Juan Capistrano served as a stage stop (located at the Miguel Yorba adobe along Camino Capistrano) and a supply point between Los Angeles and San Diego. The town’s location on the road to newly discovered gold fields in northern California led to rapid growth and many problems with rustlers and bandits. The Spanish-speaking town was attractive to Mexicans on route or returning from the Gold Rush and some settled in San Juan Capistrano. The 1850 tax role for San Juan Capistrano lists 21 Californio/Mexican names, immigrants John Forster and Manual Garcias (Garfias), and first names only of 12 Juaneño (Hallan-Gibson 2001:32-34).

Californios suffered devastating losses of land and property due to implementation of American laws, finances, and business practices. The property rights of California Indians were denied entirely. In 1853 the United States legislature opened all land whose title was unverified by American courts to settlement as public lands. This sanctioned squatting on both Acjachemen

Cogstone 21 D-26 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project lands and Californio ranchos. The claims of Juaneño who had acquired land in the 1841 formation of the pueblo of San Juan Capistrano were denied or ignored (Haas 1995:57-60).

The census of 1860 reveals that San Juan Capistrano had 40 Californio households, 34 Juaneño households, 31 Mexican households, eight European households, one Euroamerican household, and three others (Haas 1995:222). In these households, 46 percent of Mexican men were married to Californias and Juaneñas, 20 percent of European men were married to Californias, eight percent were married to Mexicanas, and four percent were married to Juaneñas (Haas 1995:74; 222).

The Juaneño were recorded in the census with Spanish first names only, the occupations of over 40 percent were not entered and, as a group, they owned only 2.5 percent of land in town and only 0.6 percent of assets (cattle, household items, etc.). Thirty percent of Juaneño households were headed by women who still lived on the plots distributed in 1841. Most of these women worked in the homes of Californios, practiced subsistence farming and goods production, and cared for extended family members (Haas 1995:61-63).

Ranchos outside of town were severely impacted in the 1860s by cycles of flooding and drought. Juan Avila of Rancho Niguel, for example, lost 90% of his cattle during this period. State property taxes and a law requiring all ranches to be completely fenced were enacted. All of these factors contributed to reduction in size of ranch properties (Hallan-Gibson 2001:42-43).

As the ranchos were broken up, the Juaneño housed and employed there were forced to leave. In addition, a small pox epidemic hit town in 1862-3 and more than 55% of the 227 Juaneño remaining in town died. A mass exodus occurred as the Juaneño fled to villages of Luiseño relatives to the southeast. San Juan Capistrano remained important to the Juaneño and they continue to move in and out of town for the remainder of the century for work, residence, family events, and festivals (Haas 1995:62-63).

The Catholic Church disputed Forster ownership of the mission and Forster’s claim was formally rejected. His family relocated to the Rancho Santa Margarita y Las Flores (deeded to Forster by Pio Pico that year). The Mission lands, amounting to 44 acres, reverted to the Catholic Church in 1865 and included the actual mission buildings, gardens and cemeteries. Thereafter, the Los Angeles based Landmarks Club began initial attempts at restoring the Serra Church at the Mission (Robinson 1948:11).

In the late 1860s more settlers and farmers migrated into town. This included Richard Egan, Joel Congdon, J.R. Fuller, Henry G. Rosenbaum and John Daneri. A number of board and batten homes were built next to Mission era adobes in the Los Rios area. The 1870 census showed that San Juan Capistrano had 34 Californio households, 28 Euroamerican households, 25 Mexican

Cogstone 22 D-27 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project households, 21 European households, three other households, and two Juaneño households. Between the 1860 and 1870 censuses land ownership changed dramatically. Californios went from owning 79 percent of the land to owning only 28 percent. Euroamericans and Europeans went from owning less than 10 percent to owning 70 percent. Juaneños went from owning 2.5 percent of land to owning only 0.2 percent (Hallan-Gibson 2001:44-45; Haas 1995:222). In 1875 San Juan Capistrano was formally surveyed for the first time.

Additional town property was claimed over the next few decades, especially after the California Central Railroad offered direct service to town in 1887. Land improvements made by the emerging merchant-farmers altered the economy by combining subsistence style dry farming of beans, wheat, barley, corn, and alfalfa with high-value crops like nuts and fruit in addition to meat animals. The San Juan Capistrano area became a center for agriculture; cattle, sheep, and a wide variety of produce were shipped to market by rail (Haas 1995:96-97; Hallan-Gibson 2001:44-45).

Near the end of the century, a local movement to create the County of Orange was supported by Richard Egan, Los Angeles County Supervisor from 1885 to 1889 (Hallan-Gibson 2001:44). Egan was also active in the Landmark Club’s funding of restoration of the Mission in 1885 (Hallan-Gibson 2001:67).

20TH CENTURY (1900-1999) In the early part of the century technological changes were instituted. These included a water distribution company, electrical power plant, telephones, paved streets, and gas pumps. Most people continued to use coal oil for light and rivers for water (Hallan-Gibson 2001:80-81).

Capistrano Unified School District was formed in 1920 and new schools were built. Juaneño identity became politicized when some Euroamerican parents requested that all Indian children be removed from the new school district and sent to Sherman Indian School in Riverside. Then in 1928 the California Indians Jurisdictional Act to compensate Indians for lands lost to the United States was passed through the efforts of the Mission Indian Federation. More than 200 individuals in San Juan Capistrano registered as Indians. Some people registered only their children or refused to acknowledge any Indian ancestry (Haas 1995:126-130).

Agriculture continued to be the main business locally. In the 1930s the old grainery next to the railroad tracks was converted into a packing house for produce, two car dealerships opened, a chamber of commerce was formed, and a contract awarded to pave Ortega Highway. Some historic buildings in town were lost to fires. Subdivisions of homes were built north of the Mission and attracted new residents. At the end of the decade, a song titled “When the Swallows Return to Capistrano” was recorded and made the annual event famous nationwide. Interest in San Juan Capistrano’s past continued to grow (Hallan-Gibson 2001:87-104).

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The 1940s began in prosperity but the advent of war brought rationing and units were formed to watch for attack planes. After the war, the agriculture industry rebounded strongly and new businesses including pottery works were opened. New housing tracts were built for returning servicemen and their families.

In the 1950s, streetlights were installed in town. The biggest change was extending the Santa Ana Freeway nearby. While controversial, the increased number of tourists the freeway brought could not be denied. Ambitious plans to market the town’s heritage were implemented. The Mission also began restoration of the west wing, repainting of Serra Chapel and made other improvements (Hallan-Gibson 2001:117-125).

In the 1960s controversy over control of the school district evolved into incorporation of the City of San Juan Capistrano. Population grew from just over a thousand residents in 1960 to almost 13,000 by 1975. Both housing tracts and mobile home parks proliferated. Several historic structures were torn down in spite of opposition and the same year the Orange County chapter of the American Institute Architects listed ten remaining buildings as eligible for the National Register of Historic Places. This renewed interest in local history. In 1969 the last vestige of agriculture, the old packing house next to the railroad tracks, burned down (Hallan-Gibson 2001:126-137).

The last part of the century was marked by decisions affecting the future of the City. Ridgeline agriculture and open space preservation were accomplished. Many new community facilities were constructed including a community center, senior center, sports park, community gardens, a new library and the historic town park. The train platform was extended to accommodate Amtrak and Metrolink trains, the train depot building was saved by reuse as a restaurant and the location of the old packing house became a parking garage. Also, the Mission parish constructed a new church to accommodate their increased membership (Hallan-Gibson 2001:141).

PROJECT AREA HISTORY The Project area is located approximately one mile northeast of the Mission. The first clear signs of development within the Project area is seen in a 1942 topographic map (Santiago Peak; 15 minute) as agriculture fields. The 1938 historic aerial shows that the entirety of the Project area as well as the surrounding area consisted of orchards and undeveloped land. The existing building within the Project area was constructed between 1972-1977, based on a review of the historical aerials. The 125,000 square foot research and development facility was used as Endevco Corporation’s headquarters.

Endevco (ENgineering DEVelopment COmpany) Corporation was founded in 1947. They designed and manufactured dynamic instrumentation for vibration, shock and pressure measurement such as sensors for the most mission-critical applications in aerospace, automotive,

Cogstone 24 D-29 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project defense, industrial, and power generation machinery (Endevco 2019). Their equipment was used in the Apollo program and has contributed to the Space Shuttle Program. In 2013, Endevco Corp. moved to Irvine, and the building has been vacant since then.

RECORDS SEARCHES

PALEONTOLOGICAL RECORD SEARCH

A search for paleontological records was completed by the Natural History Museum of Los Angeles County (LACM; McLeod 2019; Appendix B). Published literature, unpublished paleontological reports, and fossil databases were also searched for fossil records (Appendix C). Databases included the Paleobiology Database (PBDB 2020), the San Diego Natural History Museum (SDNHM 2020), and the University of California Museum of Paleontology (UCMP 2020). A deficit in the data reported here was created by the lack of access to records of the primary records holder for Orange County, the John D. Cooper Center.

LATE MIOCENE TO EARLY PLIOCENE: CAPISTRANO FORMATION Numerous fossils of marine and terrestrial animals have been recovered from nearly 100 localities from the Capistrano Formation in San Juan Capistrano and southern Orange County (McLeod 2018a, 2018b, 2019; PBDB 2020; SDNHM 2020; UCMP 2020). In the City of San Juan Capistrano, seven of these localities in the siltstone facies of the Capistrano Formation have produced fossils of pinnipeds, baleen and toothed whales, camels, pronghorn, elephant, birds, bony fish, sharks and rays, and marine invertebrates (Table 2).

PLEISTOCENE DEPOSITS Eight localities within the City have produced numerous fossils of terrestrial and marine animals. These localities have produced fossils of ground sloth, dolphin, mammoth, mastodon, horse, tapir, bison, fish, sharks, and marine invertebrates (Table 3). The nearest locality, approximately 1.15 miles south of the Project area and just southwest of Rancho Viejo Road and Ortega Highway, produced the remains of a Columbian mammoth from a depth of ~3 feet below the surface in middle to late Pleistocene old axial channel deposits (Scott and Gust 2006).

Over 100 other fossil localities are known from Pleistocene aged sediments in southern Orange County (Duke et al. 2019, Wilson et al. 2019). The largest of these was recovered from what is known as Costeau Pit in the City of Laguna Hills, just south of Lake Forest, which has additionally produced coyote, dire wolf, saber-toothed cat, camel, llama, diminutive pronghorn, long-horned bison, rabbits, rodents, and birds (Jefferson 1991a, 1991b).

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Table 2. Fossils of the Capistrano Formation siltstone facies, San Juan Capistrano

Common Name Taxon Formation Member Locality Location Reference dusky shark Carcharhinus obscurus weasel shark †Hemipristis serra six gill shark Hexanchus sp. megalodon shark †Carcharocles megalodon great white shark Carcharodon carcharias mackerel shark †Isurus hastalis shortfin mako shark Isurus oxyrinchus hooked-tooth mako Isurus planus mackerel shark Lamna sp. eagle ray Myliobatis sp. California sheep Semicossyphus pulcher head wrasse western pond turtle Actinemys marmorata cormorant Phalacrocoracidae Horno Creek, east of Rancho Viejo Road, San McLeod Capistrano siltstone LACM 5792 grebe †Podiceps parvus Juan Capistrano 2019 pronghorn Antilocapridae camel Camelidae walrus Odobeninae sea lion Otariinae right whale Balaenidae rorqual whale Balaenopteridae primitive baleen †Cetotheriidae whale ocean porpoise Stenella sp. porpoise Phocoenidae sperm whale † Scaldicetus sp. fresh water dolphin †Parapontoporia elephant †Proboscidea sea cow †Dugongidae magnolia group Magnoliopsida SDNHM SDNHM dolphin Delphinidae? Capistrano siltstone Lomas San Juan, San Juan Capistrano 3841 2020 fur seal †Thalassoleon mexicanus

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Common Name Taxon Formation Member Locality Location Reference porpoise †Piscolithax sp. megalodon shark †Carcharocles megalodon fresh water dolphin †Parapontoporia pacifica Capistrano siltstone SDNHM 3842 Lomas San Juan, San Juan Capistrano SDNHM 2020 porpoise Phocoenidae toothed whale Odontoceti fur seal †Thalassoleon mexicanus sponge Hexactinellida basking shark Cetorhinus sp. megalodon shark †Carcharocles megalodon SDNHM fur seal †Thalassoleon mexicanus Capistrano siltstone SDNHM 3843 Lomas San Juan, San Juan Capistrano 2020, PBDB beaked whale Ziphiidae 2020 toothed whale Odontoceti baleen whale Mysticeti trace fossil ichnofossil mako shark Isurus sp. Capistrano siltstone SDNHM 3844 Lomas San Juan, San Juan Capistrano SDNHM 2020 fur seal †Thalassoleon mexicanus small baleen whale †Nannocetus sp. SDNHM toothed whale Odontoceti Capistrano siltstone SDNHM 3845 Lomas San Juan, San Juan Capistrano 2020, PBDB baleen whale Mysticeti 2020 magnolia group Magnoliopsida clam †Acila decisa clam Nuculana sp. I-5 HOV Lane Extension, Segment 3, San Capistrano siltstone SDNHM 6945 SDNHM 2020 clam Pelecypoda Juan Capistrano trace fossil Oichnus isp. Extinct animals are noted by † although all fossils from deposits older than Pleistocene are likely from extinct species.

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Table 3. Fossils from Pleistocene deposits near the Project area

Depth below Locality Location Reference original Common Name Taxon surface †Mammuthus sp. cf. M. OCPC Just southwest of Rancho Viejo Road and Scott and Gust mammoth 3 feet columbi (2005AA0517.1) Ortega Highway, San Juan Capistrano 2006 marine mammals not identified saber-toothed salmon †Smilodonichthys sp. unknown unknown San Juan Capistrano Stadum 1997a megalodon shark †Carcharocles megalodon dolphin Tusiops sp. unknown UCMP San Juan Capistrano Jefferson 1991b imperial mammoth †Mammuthus imperator unknown LACM 1115 Salt Creek, Laguna Niguel McLeod 2019 ground sloth †Edentata LACM 1115, unknown Salt Creek, Laguna Niguel Jefferson 1991b rodent Rodentia OCPC ground sloth †Paramylodon sp. mastodon †Mammut sp. mammoth †Mammuthus sp. unknown OCPC Salt Creek, Laguna Niguel Jefferson 1991b horse †Equus sp. tapir †Tapirus cf. T. californicus mammoth †Mammuthus sp. marine mammals not identified eagle ray Myliobatidae requium shark Galeocerdo sp. weasel shark Hemipristis sp. bullhead shark Heterodontus sp. great white shark Carcharodon carcharias megalodon shark †Carcharocles megalodon unknown OCPC Salt Creek, Laguna Niguel Stadum 1997b shark Carcharodon sp. broad-toothed mako Isurus hastalis shark shortfin mako shark Isurus oxyrinchus mako shark Isurus sp. mackeral shark Lamna sp. hammerhead shark Sphryna sp. marine bivalves not identified bison †Bison sp. unknown LACM 4543 west of Sulphur Creek Reservoir Jefferson 1991b

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CALIFORNIA HISTORIC RESOURCES INFORMATION SYSTEM

Cogstone conducted a search of the California Historic Resources Information System (CHRIS) from the South-Central Coastal Information Center (SCCIC) on October 31 and November 6, 2019 that included the entire Project area as well as a 0.5-mile radius. Results of the record search indicate that 43 previous studies have been completed within 0.5 miles of the proposed Project area. Six of these studies included a portion or the whole Project area (Table 4).

Table 4. Previous Cultural Resource Studies

Distance Report No. Authors Title Year From PA OR-00263 Desautels, Roger J. Archaeological Survey Report on the Frost 1978 0.25-0.5 Construction Company Property Located in the San Juan Capistrano Area of the County of Orange OR-00298 Van Horn, David M. Archaeological Survey Report: The Proposed 310+ 1978 PA-0.5 Acre Parcel in San Juan Capistrano, California OR-00324 Desautels, Roger J. Archaeological/Paleontological Assessment and 1978 0.25-0.5 Survey on the Colinas De Capistrano Property Located in the San Juan Capistrano Area of Orange County California OR-00512 Romero, John B. Orange County, California, Indian Campsites 1935 0.25-0.5 OR-00523 Drover, Christopher E. Environmental Impact Evaluation: Archaeological 1980 PA-0.25 Assessment of Tentative Tract 5946 San Juan Capistrano, CA OR-00524 Koerper, Henry C. Preliminary Report on Spring 1980 Test 1980 0.25-0.5 Excavations - CA-ORA-855 OR-00536 Drover, Christopher E. City of San Juan Capistrano, General Plan Within-0.5 Program, Historic/Archaeological Element OR-00604 Van Horn, David M. Archaeological Survey Report: Two Alternative 1981 0.25-0.5 and J.R. Murray Proposed Extensions Connecting Junipero Serra and Oso Roads in the City of San Juan Capistrano, California OR-00653 Schroth, Adella and Archaeological Assessment of 450 Acres for the 1983 PA-0.5 Constance Cameron Northwest Circulation Study, City of San Juan Capistrano, California OR-00720 Cottrell, Marie G. San Joaquin Transportation Corridor: An 1983 Within-0.5 Annotated List of Archaeological Reports Referenced by Number OR-00723 Whitney-Desautels, Archaeological Report on the Moulton-Niguel 1983 0.25-0.5 Nancy A. Water District Sewer Siphon Repair for the Oso- Trabuco Creek Interceptor Sewer OR-00782 Bissell, Ronald M. Paleontological and Cultural Resources of the San 1985 PA-0.25 Juan Corporate Plaza Property, San Juan Capistrano, Orange County, California OR-00838 Bissell, Ronald M. A Cultural Resources Reconnaissance of the 1986 PA-0.5 Marabella Country Club Property, San Juan Capistrano, Orange County, California

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Distance Report No. Authors Title Year From PA OR-00886 Koerper, Henry C., The Putuidem Project Archaeological 1988 0.25-0.5 Paul E. Langenwalter, Investigations at CA-ORA-855 and Adella Schroth OR-00887 Huey, Gene Negative Archaeological Survey Report: for the 1988 PA-0.25 Widening of the I-5, San Juan Capistrano OR-00959 McKenna, Jeanette A. Archaeological, Historical, and Architectural 1989 0.25-0.5 and Roger G. Investigations of the Proposed Laguna Builders Hatheway Supply Facility, San Juan Capistrano, Orange County, California OR-01011 Sorensen, Jerrell H. Archival Research for Interstate 5, from the 1990 Within-0.5 Confluence With I-405 to Route 1, Capistrano OR-01104 Whitney-Desautels, Grading Monitoring and Disturbance Report, 1991 0.25-0.5 Nancy A. Archaeology and Paleontology Lakefill Bypass Pipeline Project, San Juan Capistrano, Orange County, California OR-01215 Bissell, Ronald M. A Supplement to a Report Titled Cultural 1992 0.25-0.5 Resources Reconnaissance of Ten Areas for Possible Park Locations, City of San Juan Capistrano, Orange County, California OR-01237 Bissell, Ronald M. and Cultural Resources Reconnaissance of Ten Areas 1992 0.25-0.5 Jeanette A. McKenna for Possible Park Locations, City of San Juan Capistrano, Orange County, California OR-01275 Jones, Carleton S. The Development of Cultural Complexity Among 1992 0.25-0.5 the Luiseño OR-01350 McKenna, Jeanette A. Archaeological Survey Report Historic Sites 1993 Within-0.5 and Philip De Barros Addendum San Joaquin Hills Transportation Corridor 12-ORA-73 12-102540 OR-01351 McKenna, Jeanette A. Historic Study Report San Joaquin Hills 1993 Within-0.5 and Philip De Barros Transportation Corridor 12-ORA-73 12-102540 OR-01397 Landis, Daniel G., Archaeological Monitoring of a Fiber Optic Cable 1994 0.25-0.5 Richard Cerreto, and Installation Along Camino Capistrano in the City Arturo Ruelas of San Juan Capistrano, Orange County, California OR-01483 White, Robert S. An Archaeological Assessment of the 12.98 Acre 1995 PA-0.25 Corian Cross Manufacturing and Assembly Plant Project (APN 650-111-016), Located Adjacent to Rancho Viejo Road in the City of San Juan Capistrano, County of Orange OR-01602 Petershagen, George F. Historic Study Report for Proposed HOV Lanes 1991 PA-0.5 and Judy D. Tordoff Along Interstate 5 in San Juan Capistrano, Orange County, California OR-01603 Huey, Gene Historic Property Survey Report for Interstate 5 (I- 1991 PA-0.5 5) Improvements from State Route 1 in the City of San Juan Capistrano to Approximately 1,000 Feet North of El Toro Road in the Community of Lake Forest, Orange County, California OR-01631 Jertberg, Patricia R. Phase I Cultural Resource Assessment Report, 1997 PA-0.5 Kaiser Permanente Project, 30400 Camino Capistrano, City of San Juan Capistrano, Orange County, CA OR-01717 Mason, Roger D. and San Joaquin Hills Transportation Corridor Results 1997 Within-0.5 Brechbiel, Brant A. of Construction Monitoring for Archaeological Resources Mitigation Monitoring Measures 11-1

Cogstone 30 D-35 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

Distance Report No. Authors Title Year From PA OR-01869 Bonner, Wayne H. and Grading Monitoring Report Archaeology and 1994 0.25-0.5 David Hocking History MCI Trenching Project, San Juan Capistrano, Orange County, California OR-02290 Miller, Jason A. Archaeological Monitoring of Storm Drain 2001 0.25-0.5 Trenching for the Saddleback Valley Christian School, San Juan Capistrano, Orange County, California OR-02427 Shepard, Richard S. Archaeological Survey Report for the Historic El 2002 0.25-0.5 Camino Real (Camino Capistrano) Historical Corridor Enhancement Project, City of San Juan Capistrano, Orange County, California OR-02634 Koerper, Henry C. and Results of Data Recovery at CA-ORA-855 San 2001 0.25-0.5 Roger D. Mason Juan Capistrano, Orange County, California OR-03163 Koerper, Henry C. and Archaeological Evaluation Report for CA-ORA- 1998 PA-0.25 Roger D. Mason 855 on the 293 Acre Property South and East of the Intersection of Camino Capistrano and Junipero Serra Road, San Juan Capistrano, California OR-03373 Arrington, Cindy and Cultural Resources Final Report of Monitoring and 2006 0.25-0.5 Nancy Sikes Findings for the Qwest Network Construction Project State of California: Volumes I and II OR-03390 Price, Barry A. and Cultural Resources Inventory for the Proposed 2007 0.25-0.5 David H. Price Non-Domestic/Recycled Water Master Plan Update, City of San Juan Capistrano, Orange County, California OR-03414 Mason, Roger D. Archaeological Monitoring Report for Construction 2006 0.25-0.5 of J Serra High School Athletic Facilities, City of San Juan Capistrano, California OR-03506 Jones, Wendy and Archaeological Monitoring Report, Junipero Serra 2007 PA-0.5 Kenneth Becker Catholic High School Project, November 28, 2005, to December 15, 2006 OR-03765 Lichtenstein, Robert J., Cultural Resources Inventory and Site Assessment 2009 0.25-0.5 Barry A. Price, and for the Proposed San Juan Capistrano Non- David H. Price Domestic/Recycled Water Master Plan Update, Orange County, California OR-03810 Mckenna, Jeanette A, A Cultural Resources Investigation for "The 2010 0.25-0.5 Groves Affordable Housing Project" in the City of San Juan Capistrano OR-03850 Gena Granger Archaeological Monitoring Report for the South 2009 0.25-0.5 End of the Northwest Open Space Project: The Groves Housing Project, San Juan Capistrano, California OR-03873 Mason, Roger D. Archaeological Survey Report for the Groves 2010 0.25-0.5 Affordable Housing Project, San Juan Capistrano, Orange County, California OR-04415 Strudwick, Ivan Cultural Resources Survey of the Trabuco Creek 2013 0.25-0.5 Channel Restoration and Trail Improvements Project, San Juan Capistrano, Orange County, California

Cogstone 31 D-36 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

The records search also determined no previously recorded cultural resources are located within the Project area. In addition, 16 cultural resources are located within 0.5 miles of the Project area. These include five prehistoric archaeological sites, five prehistoric isolates, one historic archaeological site, one historic isolate, and four historic built environment resources (Table 5).

Table 5. Cultural Resource Sites

Primary Trinomial/HRI Resource Year Distance from Resource Description No. (CA-ORA-) Type Recorded PA (Miles)

P-30- CA-ORA- Prehistoric Site Village site, burials, 1980, 1994, 0.25-0.5 000855 000855 habitation debris. 2007 P-30- CA-ORA- Prehistoric Site Habitation debris, lithic 1981,1991, 0.25-0.5 000963 000963 scatter. 2018 P-30- CA-ORA- Prehistoric Site Habitation debris, lithic 1983, 1991, 0.25-0.5 001040 001040 scatter, “CSUF-6.” 2000, 2007 P-30- CA-ORA- Historic Built Farmhouse, privies, 1992 0.25-0.5 001329 001329H Environment historic refuse, septic Resource system, water conveyance system, garden areas, “The Swanner Property”; c. 1918. P-30- CA-ORA- Prehistoric Site Burials, lithic scatter, 1983, 1991, 0.25-0.5 001338 001338 habitation debris, 1992, 1994, beads, “CSUF-1, -2, -3, 2007, 2018 -4, -5.” P-30- CA-ORA- Historic Concrete house 1999 0.25-0.5 001508 001508H Archaeological foundation, historic Site refuse scatter. P-30- CA-ORA- Prehistoric Site Habitation debris, lithic 1999 0.25-0.5 001536 001536 scatter, “SC-1.” P-30- - Historic Historic refuse scatter, 2009 0.25-0.5 100121 Archaeological “SRS Job #1730.” Isolate P-30- - Prehistoric Meta-sedimentary 1997 0.25-0.5 100151 Isolate flake. P-30- - Prehistoric Meta-volcanic core. 1997 0.25-0.5 100152 Isolate P-30- - Prehistoric Meta-volcanic core. 1997 PA-0.25 100153 Isolate P-30- - Prehistoric Meta-volcanic flake. 1997 0.25-0.5 100154 Isolate P-30- - Prehistoric Metate fragment, “CGI- 2006 0.25-0.5 100369 Isolate Isolate-1.” P-30- - Historic Built Single family property, 1999 0.25-0.5 176573 Environment frame house, 1920s Resource house; c. 1920s. P-30- - Historic Built Railroad, Atchison, 2002, 2002, 0.25-0.5 176663 Environment Topeka & Santa Fe RR, 2003, 2007, Resource Burlington Northern 2012, 2016, Santa Fe RR; 1880s. 2018

Cogstone 32 D-37 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

Primary Trinomial/HRI Resource Year Distance from Resource Description No. (CA-ORA-) Type Recorded PA (Miles)

P-30- - Historic Built Commercial/industrial 2008 0.25-0.5 179873 Environment style, public utility Resource building, “SCE / San Diego Gas & Electric Co Substation,” 1918- 1918.

OTHER SOURCES

In addition to the SCCIC records search a variety of sources were consulted in November 2019 to obtain information regarding the cultural context of the Project area (Table 6). Sources included the National Register of Historic Places (NRHP), the California Register of Historic Resources (CRHR), California Historical Resources Inventory (CHRI), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). Specific information about the Project area, obtained from historic-era maps and aerial photographs, is presented in the Project area History section.

Table 6. Additional Sources Consulted

Source Results National Register of Historic Places (NRHP; 1979-2002 & Negative supplements) Historic USGS Topographic Maps Based on the earliest historic topographic map of the Project area (PA) from 1901 (Southern California; United States), there appears to be no build environment within the PA. In 1942 (Santiago Peak; 15 minute), farmland is present within the PA. In 1968 (San Juan Capistrano; 7.5 minute), the current building and associated parking lot within the PA first appears. This conflicts with the 1972 historic aerial which shows the PA to be nothing but orchards. Historic US Department of Agriculture Aerial Photographs Based on the earliest historic aerial from 1938, the entirety of the PA and the surrounding area consists of orchards and undeveloped land. The PA remains largely unchanged until 1980 when the current building and parking lot configuration first appears. The PA currently appears unaltered from its 1980s appearance. California Register of Historical Resources (CRHR; 1992- Negative 2014) California Historical Resources Inventory (CHRI; 1976- Negative 2014) California Historical Landmarks (CHL; 1995 & Negative supplements to 2014)

Cogstone 33 D-38 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

Source Results California Points of Historical Interest (CPHI; 1992 to Negative 2014) Bureau of Land Management (BLM) General Land Office Positive: State of California, 1873 Records

NATIVE AMERICAN CONSULTATION

Cogstone submitted a Sacred Lands File (SLF) search request to the Native American Heritage Commission (NAHC) on November 6, 2019. The NAHC responded on November 22, 2019 with a positive SLF search (Appendix D). The NAHC recommended that 17 representatives from local Native American tribal organizations be contacted for further information regarding the Project vicinity. The City of San Juan Capistrano is conducting consultations to meet the requirements of Assembly Bill 52.

SURVEY

METHODS

The survey stage is important in a Project’s environmental assessment phase to verify the exact location of each identified cultural or paleontological resource, the condition or integrity of the resource, and the proximity of the resource to areas of other resources sensitivity. All undeveloped ground surface areas within the ground disturbance portion of the Project area were examined. Existing ground disturbances (e.g., cutbanks, ditches, animal burrows, etc.) were visually inspected. Photographs of the Project area, including ground surface visibility and items of interest, were taken with a digital camera.

For cultural resources, the surveyor searched for artifacts (e.g., flaked stone tools, tool-making debris, stone milling tools, fire-affected rock), soil discoloration that might indicate the presence of a cultural midden, soil depressions and features indicative of the former presence of structures or buildings (e.g., postholes, foundations), or historic-era debris (e.g., metal, glass, ceramics).

Additionally, for paleontological resources, the purpose is to confirm that field observations conform to the geological maps of the Project area. Sediments were assessed for their potential to contain fossils.

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RESULTS

Cogstone archaeologist and cross-trained paleontologist Sandy Duarte surveyed the Project area on November 20, 2019. Ms. Duarte surveyed and photographed the current building within the Project area. Due to the heavily developed Project area, the pedestrian survey consisted of 10- meter wide transects. Smaller 1-meter wide transects were utilized in the eastern portion of the Project area along the base of the hill. Ground visibility within the Project area was generally poor (less than 10 percent) due to hardscaping and landscaping (Figure 7). Where not landscaped, much of the area was covered in dry grass, weeds, eucalyptus trees, coral trees, and California pepper trees (Figure 8). No cultural or paleontological resources were observed within the Project area during the survey.

Figure 7. View of Front of Building, View East

Cogstone 35 D-40 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

Figure 8. Northwest Corner of Project Area, View Southeast

PALEONTOLOGICAL SENSITIVITY

A multilevel ranking system was developed by professional resource managers within the Bureau of Land Management (BLM) as a practical tool to assess the sensitivity of sediments for fossils. The Potential Fossil Yield Classification (PFYC) system (BLM 2008; Appendix C) has a multi-level scale based on demonstrated yield of fossils. The PFYC system provides additional guidance regarding assessment and management for different fossil yield rankings.

Fossil resources occur in geologic units (e.g., formations or members). The probability for finding significant fossils in a project area can be broadly predicted from previous records of fossils recovered from the geologic units present in and/or adjacent to the study area. The geological setting and the number of known fossil localities help determine the paleontological sensitivity according to PFYC criteria.

Sediments that are close to their basement rock source are typically coarse; those farther from the basement rock source are finer. The chance of fossils being preserved greatly increases once the average size of the sediment particles is reduced to 5 mm in diameter or less. Moreover, fossil preservation also greatly increases after natural burial in rivers, lakes, or oceans. Remains left on the ground surface become weathered by the sun or consumed by scavengers and bacterial

Cogstone 36 D-41 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project activity, usually within 20 years or less. So the sands, silts, and clays of rivers, lakes, and oceans are the most likely sediments to contain fossils.

Using the PFYC system, geologic units are classified according to the relative abundance of vertebrate fossils or scientifically significant invertebrate or plant fossils and their sensitivity to adverse impacts within the known extent of the geological unit. Although significant localities may occasionally occur in a geologic unit, a few widely scattered important fossils or localities do not necessarily indicate a higher PFYC value; instead, the relative abundance of localities is intended to be the major determinant for the value assignment.

While Pleistocene fossils typically can begin occurring at depths of about 8 to 10 feet below the existing ground surface in our valley areas, locations with a higher topography and by extension more erosion than deposition occurs, can have Pleistocene fossils at shallower depths. This is seen locally in a Columbian mammoth being found at ~3 feet deep in San Juan Capistrano just southeast of Rancho Viejo Road and Ortega Highway (Scott and Gust 2006).

Based on other recorded localities in San Juan Capistrano and southern Orange County, both the middle to late Pleistocene old axial channel deposits and the siltstone facies of the Capistrano Formation are a moderate but patchy sensitivity (PFYC 3a) throughout. If encountered, the early to middle Pleistocene very old axial channel deposits are also assigned a PFYC of 3a.

CONCLUSIONS AND RECOMMENDATIONS

PALEONTOLOGICAL RESOURCES

All sediments of the middle to late Pleistocene old axial channel deposits, the siltstone facies of the Capistrano Formation, as well as any subsurface early to middle Pleistocene very old axial channel deposits present, are assigned a moderate but patchy sensitivity (PFYC 3a) throughout. Paleontological monitoring is recommended for all excavations into native sediments. This is justified for Pleistocene deposits as a Columbian mammoth was found from about 3 feet deep, just southwest of Rancho Viejo Road and Ortega Highway. If unanticipated fossils are unearthed during construction, work should be halted in that area until a qualified paleontologist can assess the significance of the find. Work may resume immediately a minimum of 50 feet away from the find.

Cogstone 37 D-42 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

CULTURAL RESOURCES

Cogstone conducted identification measures for the proposed Project which included a search for archaeological and historical records at the SCCIC and an intensive pedestrian survey of the 15.3-acre Project area. The record search and the pedestrian survey were negative for cultural resources within the Project area. However, the record search and SLF search indicate the Project area is located in the vicinity of two prehistoric village sites. Based on the background research and ethnographic data, the Project area is moderately sensitive for cultural resources and is considered a Sensitive Area as defined by City Council Policy 601. Archaeological monitoring by a qualified archaeologist on site during all ground disturbing activities is recommended. A Native American monitor may also be on site if deemed necessary and appropriate by the Principal Investigator.

RECOMMENDATIONS

City Council Policy 601 defines a Sensitive Area as “an area that is located immediately adjacent to known sites, and/or an area that historic maps or reference materials indicates the presence of possible artifacts.” The results of the cultural and paleontological record searches and literature reviews as well as the positive results of the Sacred Lands File search indicate that there is a high potential for cultural artifacts (both historic and prehistoric) and paleontological resources within the Project area and it is therefore considered a Sensitive Area. Since there is a high potential that significant resources once existed on the site, it falls under requirement d: “In cases where there exists a likelihood that significant historic resources once existed on the property as defined by the "sensitive area survey" as adopted by City Council Resolution.”

Section 8 Paragraph (1) states: If the report recommends and the City’s Environmental Administrator concurs that no significant historic resources are present, or in the case of a paleontological report that no surface findings were identified in the preliminary site survey, the Environmental Administrator shall require that the project comply with on-site Monitoring and Mitigation Enforcement.

In accordance with California Health and Safety Code Section 7050.5, the County Coroner must be notified if potentially human bone is discovered. The Coroner will then determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) by phone within 24 hours, in accordance with Public Resources Code Section 5097.98. The NAHC will then designate a Most Likely Descendant (MLD) with respect to the human remains. The MLD then has the opportunity to recommend to the property owner or the person responsible for the excavation work means for treating or disposing, with

Cogstone 38 D-43 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project appropriate dignity, the human remains and associated grave goods. Work may not resume in the vicinity of the find until all requirements of the health and safety code have been met.

Cogstone 39 D-44 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

REFERENCES CITED

Anonymous (Cypress and Golden West College Field Classes- H. Koerper and C.E. Drover) 1980 Preliminary Report on Spring 1980 Test Excavations- CA-ORA-855.

Aviña, R.H. 1976 Spanish and Mexican Land Grants in California. Arno Press, New York. Bean, L. J. and C. R. Smith.

Bean, Walton 1968 California: and Interpretive History. New York: McGraw Hill.

Bean, L.J. and F.C. Shipek 1978 “Luiseño.” In Handbook of North American Indians, Volume 8. California, volume edited by Robert F. Heizer, pp. 550-563 (W. T. Sturtevant, general editor). The Smithsonian Institution, Washington, D.C.

Beebe, R.M. and R.M Senkewicz 2001 Lands of Promise and Despair: Chronicles of Early California, 1535-1846. Heyday Books, Berkeley.

BLM (Bureau of Land Management) 2008 Potential Fossil Yield Classification (PFYC) System. Available online at https://www.blm.gov/sites/blm.gov/files/uploads/IM2016-124_att1.pdf

City of San Juan Capistrano 1997 Council Policy Number 601: Historic, Archaeological & Paleontological Resource Management Policy. Available online at http://sanjuancapistrano.org/Portals/0/CouncilPolicy602.pdf, last accessed November 2019.

Duke, H., S. Gust, and K. Scott 2019 Paleontological and Cultural Resources Assessment for the City of Irvine General Plan Update, Phase II, City of Irvine, Orange County, California. On file at Cogstone, Orange, CA.

Endevco Corporation 2019 Available Online at https://endevco.com, last accessed November 2019

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Haas, L. 1995 Conquests and Historical Identities in California 1769-1936. University of California Press, Berkeley.

Hackel, S.W. 2005 Children of Coyote, Missionaries of Saint Francis: Indian-Spanish Relations in Colonial California 1769-1850. University of North Carolina Press, Chapel Hill.

Hallan-Gibson, P. 2001 Dos Cientos Años en San Juan Capistrano. San Juan Capistrano Walking Tour/Paragon Agency, San Juan Capistrano.

Jefferson, G.T. 1991a A Catalogue of Late Quaternary Vertebrates from California: Part One, Nonmarine Lower Vertebrate and Avian Taxa. Natural History Museum of Los Angeles, Technical Report #5. 1991b A Catalogue of Late Quaternary Vertebrates from California: Part Two, Mammals. Natural History Museum of Los Angeles, Technical Report #7.

Kroeber, A.L. 1976 Handbook of Indians of California. Reprint of 1925 original edition, Dover Publications, New York.

McLeod, S.A. 2018 Vertebrate Paleontology Records Check for paleontological resources for the proposed River Street Project, Cogstone Project # 4236, in the City of San Juan Capistrano, Orange County, project area. See Appendix B.stadum 2019 Vertebrate Paleontology Records Check for Paleontological Resources for the Proposed Creekside Specific Plan Project, Cogstone Project # 4743, in the City of San Juan Capistrano, Orange County, Project Area. See Appendix B.

Meighan, C. 1954 A Late Complex in Southern California Prehistory. Southwestern Journal of Anthropology 10(2):215-227.

Morton, D.M. and F.K. Miller 2006 Geology map of the San Bernardino and Santa Ana 30’ x 60’ quadrangles, California; Geology and description of map units, version 1.0. Digital preparation by Cossette, P. M. and K. R. Bovard. USGS Open File Report 2006-1217, scale 1:100,000. Online at: https://ngmdb.usgs.gov/Prodesc/proddesc_78686.htm.

Cogstone 41 D-46 Cultural and Paleontological Resources Assessment for the Creekside Specific Plan Project

PBDB 2020 Online records search of the PaleoBiology Database.

Robinson, W.W. 1948 Land in California: The Story of Mission Lands, Ranchos, Squatters, Mining Claims, Railroad Grants, Land Scrip, Homesteads. University Press, Berkeley.

Rundel, P.W. and R. Gustafson 2005 Introduction to the Plant Life of Southern California. University of California Press, Berkeley.

Schroth, Adella 1983 Archaeological Assessment of 450 Acres for the Northwest Circulations Study, City of San Juan Capistrano, Orange County, California.

Scott, K., and S. Gust 2006 Paleontological Salvage for the Ortega Ranch Development Project, San Juan Capistrano, Orange County, California. On file with the Orange County Curation Facility.

Scott, E. and K. Springer 2003 CEQA and Fossil Preservation in Southern California. The Environmental Monitor, Winter: 4-10, 17.

Scott, E., K. Springer, and J.C. Sagebiel 2004 Vertebrate Paleontology in the Mojave Desert: The Continuing Importance of “Follow- Through” in Preserving Paleontological Resources in M. W. Allen and Reed, J. editors The Human Journey and Ancient Life in California’s Deserts, proceedings from the 2001 Millennium Conference, 65-70.

SDNHM 2020 Online records search of the San Diego Natural History Museum.

Stadum C.J 1997a Capistrano Estates, San Juan Capistrano, Orange County, California. A Paleontological Mitigation Report for the Toll Brothers Inc. On file with the Orange County Curation Facility. 1997b Big Canyon Tract 10273, Laguna Niguel, Orange County, California. A Paleontological Mitigation Report for S & S Construction. On file with the Orange County Curation Facility

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Sutton, M. Q. 2010 The Del Rey Tradition and its Place in the Prehistory of Southern California. Pacific Coast Archaeological Society Quarterly 44(2):1-54.

Sutton, M.Q. and J. Gardner 2010 Reconceptualizing the Encinitas Tradition of Southern California. Pacific Coast Archaeological Society Quarterly 42(4):1-64.

UCMP 2020 Online records search of the University of California Museum of Paleontology database.

USGS Historical Topographic Map Explorer 1901 Southern California Sheet No 1. U.S. Geological Survey [map], 1:250000, topographic Quadrangle Map, Reston, VA. 1968 San Juan Capistrano [map], 1:24000, Topographic Quadrangle Map, Reston, VA.

Wallace, William J. 1955 A Suggested Chronology for Southern Cali-fornia Coastal Archaeology. Southwestern Journal of Anthropology 11(3):214-230.

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

Wilson, M., K. Scott, and S. Gust 2019 Paleontological and Cultural Resources Assessment for the City of Irvine General Plan Update, Phase II, City of Irvine, Orange County, California. On file at Cogstone, Orange, CA.

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APPENDIX A. QUALIFICATIONS

Cogstone 44 D-49

MOLLY VALASIK Principal Investigator for Archaeology

EDUCATION 2009 M.A., Anthropology, Kent State University, Kent, Ohio 2006 B.A., Anthropology, Ohio State University, Columbus, Ohio

SUMMARY QUALIFICATIONS Ms. Valasik is a Registered Professional Archaeologist (RPA) with over 10 years of professional and academic archaeological field and research experience. She meets the qualifications required by the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation and is an Orange County qualified archaeologist. She is a skilled professional who is well-versed in the compliance procedures of CEQA and Section 106 of the NHPA and regularly prepares cultural resources assessment reports for a variety of federal, state, and local agencies throughout California. In addition, she has prepared cultural resources reports for CEQA/EIR compliance documents for project-level and program-level Specific Plans, General Plans, Master Plans, and Zoning Amendments for mixed-use, residential, commercial and industrial developments.

SELECTED PROJECTS State Route 57 Northbound Improvement Project, Caltrans District 12, Orange County, CA. For this project on behalf of OCTA and Caltrans an ASR and HPSR technical reports were prepared for Section 106 of the NHPA compliance. Managed record search, Sacred Lands File search, extended Native American consultations, pedestrian archaeological survey, as well as coordination and approval by District 12 of an APE map. Authored technical reports. Sub to WSP. Principal Investigator. 2018

Interstate 605/Katella Avenue Interchange Improvements Project, Caltrans District 12, Orange County, CA. For this project on behalf of OCTA and Caltrans an ASR, XPI, HRER, and HPSR technical reports were prepared for Section 106 of the NHPA compliance. Managed record search, Sacred Lands File search, Native American consultations, pedestrian archaeological and architectural surveys, subsurface testing, as well as coordination and approval by District 12 of an APE map. Authored ASR, XPI, and HPSR. Sub to Michael Baker/PMC. Principal Investigator. 2017-2018

River Street Marketplace, City of San Juan Capistrano, Orange County, CA. Cogstone conducted record searches, literature studies, and intensive archaeological and paleontological surveys to determine the potential effects to cultural and paleontological resources resulting from the construction of 64,900 square feet of proposed commercial and office space, along with associated improvements. The proposed project consisted of five buildings and was located on a 5.6-acre property occupied by the Ito Nursery which has been in operation since 1970. Sub to Placeworks. Principal Investigator for Archaeology. 2018

I-5 Jeffrey Open Space Trail (JOST) Segments 1 & 2, Caltrans District 12, City of Irvine, Orange County, CA. In preparation of construction of a recreational trail and bridge, coordinated record search, Sacred Lands search, NAHC consultation; preparation of Area of Potential Effects (APE) maps for archaeological and architectural resources with RBF and Caltrans; intensive pedestrian survey and mapping; preparation of ASR, HPSR, PIR technical reports on behalf of the City of Irvine in compliance with CEQA. Sub to Michael Baker International. Task Manager/Principal Archaeologist. 2015-2018

TTM 17655 Initial Study, San Juan Capistrano, Orange County, CA. Archaeological and paleontological records search, Sacred Lands search, NAHC consultation, field survey and technical report preparation for inclusion in the Initial Study document for residential development. Sub to Environmental Intelligence. Archaeologist/Project Manager. 2014

Cogstone 45 D-50

KIM SCOTT Principal Investigator for Paleontology

EDUCATION 2013 M.S., Biology with a paleontology emphasis, California State University, San Bernardino 2000 B.S., Geology with paleontology emphasis, University of California, Los Angeles

SUMMARY QUALIFICATIONS Scott has more than 20 years of experience in California paleontology. She is an Orange County qualified paleontologist and sedimentary geologist with extensive field and laboratory experience. In addition, she has special skills in the preparation of stratigraphic sections and other documentation for fossil localities. Scott serves as company safety officer and is the author of the company safety and paleontology manuals.

SELECTED PROJECTS City of Irvine General Plan Update, Orange County, CA. Cogstone prepared a cultural and paleontological assessment for the 4,831 acres of the City of Irvine sphere of influence. This report was prepared to support their General Plan update. Contracted to PlaceWorks. Principal Paleontologist/Report Co-author. 2019.

City of Lake Forest General Plan Update, Orange County, CA. Cogstone prepared a cultural and paleontological assessment for the 10,240 acres of the City of Lake Forest. This report was prepared to support their General Plan update. Contracted to De Novo Planning Group. Principal Paleontologist/Report Co-author. 2019.

Southwest San Fernando Valley General Plan Update, City of Los Angeles, CA. Cogstone prepared cultural and paleontological assessments for the 60 square miles of the southwestern San Fernando Valley. Communities included: Canoga Park, Encino, Reseda, Tarzana, West Hills, West Van Nuys, Winnetka, and Woodland Hills. The reports were to support their General Plan update. Contracted to PlaceWorks. Principal Paleontologist/Report Co-author. 2019.

I-405 from I-605 to SR-73, Los Angeles and Orange Counties, CA. The project proposes to improve the 405’s available capacity by adding General Purpose lanes and a tolled Express Lane in each direction as well as other improvements to ramps and bridges. Prepared a Paleontological Mitigation and Monitoring Plan for the ~16- miles of highway. Cogstone is currently providing paleontological monitoring. Contracted to OC405 Partners Joint Venture. Principal Paleontologist. 2017.

Coto de Caza EIR Subdivision, Coto de Caza, Orange County, CA. The project proposes the subdivision of an existing large estate for development of 28 new residential lots on approximately 50-57 acres of land. Proposed residential lots will be a minimum of one acre in size. Prepared a Paleontological Assessment Report. Contracted to Bill Lyon. Co-Principal Paleontologist/Report Co-author. 2015.

Little Corona, Newport Beach, Orange County, CA. The project is part of the Newport Coast Watershed Management Plan and proposes the diversion of water from Buck Gully Creek into a subsurface infiltration gallery in which the Creek water will be percolated through the sand in order to improve beach conditions. Prepared the Archaeological and Paleontological Assessment Report. Contracted to Michael Baker RBF. Co- Principal Paleontologist/Report Co-author. 2015.

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DESIREÉ RENEÉ MARTINEZ Task Manager for Archaeology

EDUCATION 1999 M.A., Anthropology (Archaeology), Harvard University, Cambridge 1995 B.A., Anthropology, University of Pennsylvania, Philadelphia

SUMMARY QUALIFICATIONS Ms. Martinez is a qualified archaeologist with 22 years of experience in archaeological fieldwork, research, and curation. She has expertise in the planning, implementation, and completion of all phases of archaeological work and has participated in archaeological investigations as a crew member, tribal monitor, and principal researcher. She meets national standards in archaeology set by the Secretary of Interior’s Standards and Guidelines for Archaeology and Historic Preservation, and the standards outlined in Attachment 1 to Caltrans Section 106 Programmatic Agreement with the FHWA. Her experience also includes compliance with CEQA, NEPA, NAGPRA, SB 18 and other cultural resource laws. In addition, Ms. Martinez has vast experience in lab analysis and museum collections management. Ms. Martinez also has extensive experience consulting with Native American leaders and community members in a variety of contexts.

SELECTED PROJECTS River Street Marketplace, City of San Juan Capistrano, Orange County, CA. Cogstone conducted record searches, literature studies, and intensive archaeological and paleontological surveys to determine the potential effects to cultural and paleontological resources resulting from the construction of 64,900 square feet of proposed commercial and office space, along with associated improvements. The proposed project consisted of five buildings and was located on a 5.6-acre property occupied by the Ito Nursery which has been in operation since 1970. Sub to Placeworks. Task Manager. 2018

Veterans Affairs Long Beach Health Systems (VALBHS), Cultural Resources Services and Native American Monitoring, City of Long Beach, Los Angeles County, CA. Managed a variety of public works and infrastructure improvements on the VALBHS campus. Services included archaeological surveys, testing, archaeological monitoring, providing and managing Gabrielino (Tongva) Native American monitoring, and compliance reporting. Projects on the campus included an intensive-level archaeological survey utilizing ground penetrating radar and magnetometry to identify subsurface cultural debris, accurately map abandoned utilities, locate a historic trash pit within the APE. Principal Archaeologist. 2014-2018

On-Call Archaeological Services, California State University Long Beach, Physical Planning and Facilities Management, Los Angeles County, CA. Manages archaeological and Native American monitoring of excavations or trenching for public works and buildings projects. Improvements to athletic fields, recycling center, parking lots, roads, outdoor dining, racetrack, liberal arts and performing arts buildings. Project Manager/Principal Investigator. 2015-2017

Agora Town Center EIR, City of Laguna Niguel, Orange County, CA. Conducted due diligence review of the previous environmental document. Prepared updated cultural and paleontological sections, including updated records search; prepared a new Tribal cultural resources section; and assisted the City of Laguna Niguel with combined SB 18/AB52 consultation and outreach. Sub to PlaceWorks. Task Manager. 2016

Lyon Subdivision EIR, community of Coto de Caza, Orange County, CA. Managed cultural and paleontological resources technical studies to support preparation of an EIR for the proposed subdivision of an existing large estate for development of 28 new residential lots on approximately 50-57 acres of land. Sub to CAA Planning. Project Manager. 2015

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LOGAN FREEBERG GIS Technician EDUCATION 2018 Geographic Information Systems (GIS) Certificate, California State University, Fullerton 2003 B.A., Anthropology, University of California, Santa Barbara SUMMARY QUALIFICATIONS Mr. Freeberg has over 15 years of experience in cultural resource management and has extensive experience in field surveying, data recovery, monitoring, and excavation of archaeological and paleontological resources associated with land development projects in the private and public sectors. He has conducted all phases of archaeological work, including fieldwork, laboratory analysis, research, and reporting. Mr. Freeberg also has a strong grounding in conventional field and laboratory methods and is skilled in the use of ArcGIS. SELECTED PROJECTS Laguna Beach Fire Department Fire Breaks, City of Laguna Beach, Orange County, CA. This project included the areas adjacent to homes and businesses requiring vegetation removals to create new fire breaks. conducted a pedestrian survey of the natural landscape and slopes located along the eastern and western sides of the SR-133 highway, south of El Toro Road to Pacific Coast Highway. Archaeological monitor. 2019

Prime Deshecha Landfill Expansion, City of San Juan Capistrano, Orange County, CA. Assisted in the survey, data recovery and lab work for sites. Performed field STP and unit excavations, participated in post processing lab work cataloging recovered artifacts, and created fieldwork maps and report figures. Cultural Resources Analyst. 2018-2019

Avenida La Pata Extension, District 12, Cities of San Clemente and San Juan Capistrano, Orange County, CA. This project was initiated to construct a roadway to connect La Pata Avenue to Antonio Parkway San Juan Capistrano running through the Prima Deshecha Landfill. Served as a field technician for the preconstruction archaeological surveying and data recovery for this project, as well as the archaeological and paleontological monitoring of this project. Prepared numerous pinniped specimens with zip scribes. Technician & Monitor. 2014

Measure M2 Freeway Environmental Mitigation Program, Orange County, CA. This project consisted of 6 open space properties and 11 restoration project areas selected for the mitigation of impacts from the Measure M2 Freeway Environmental Mitigation Program. Lead Archaeologist. 2014

Planning Area 5B, City of Irvine, Orange County, CA. The project intended for the construction of residential housing for the Irvine Company. Performed a preconstruction archaeological survey, archaeological and paleontological monitoring, and prepared final survey report. Archaeologist/Co-Author. 2013

Southern California Gas (SCG) Line 85 and Line 225 Repair, unincorporated community of Los Angeles County, CA. SCG was repairing Line 85 and Line 225 pipelines (both 26-inch natural gas transmission lines that run through the Angeles National Forest). Mr. Freeberg was the lead archaeological and paleontological monitor and was in charge of the in-field cultural resource awareness training of all construction crew members working in the area. In addition, he monitored the work of the construction crew. Other duties included videotaping the Old Ridge Route (ORR) before and after construction activities, recording all vehicles that drove on and off the ORR, protecting the National Forest Inn, enforcing the speed limit on the ORR, enforcing the Transportation Plan, and ensuring that no damage was done to the ORR. Lead Archaeological & Paleontological Monitor/WEAP Trainer. 2007-2008, 2012-2013

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SANDY DUARTE Archaeologist

EDUCATION 2002 B.A., Cultural Anthropology, University of California, Santa Barbara

SUMMARY QUALIFICATIONS Ms. Duarte is an archaeologist and cross-trained in paleontology with over 15 years of experience in paleontological and archaeological monitoring, surveying, and excavation in southern California. Duarte has experience with Native American consultation as required by Section 106 of the National Historic Preservation Act (NHPA) and under Senate Bill 18 for the protection and management of cultural resources. Beginning in 2003, Duarte worked for the U.S. Forest Service in the Biology, Timber, and Geology Department as an archaeologist, including serving as a trained wild-land firefighter to preserve archaeological sites forest fires. Additional skills include paleontological identification, fossil preparation, artifact identification and preparation, and final report preparation.

SELECTED PROJECTS Parkside Estates, City of Huntington Beach, Orange County, CA. The project consisted of an approximately 50- acre development. Services included monitoring during all excavations, identifying and collecting cultural artifacts, and Native American coordination with Juaneño and Gabrielino groups. LSA Associates. March 2016- September 2019

State Route 74 Improvements, Caltrans District 12, Orange County, CA. This project consisted of the widening of SR-74 and adding a shoulder lane. Duties included monitoring the installation of ESA fencing along culturally sensitive areas along SR-74 and widening of shoulder lane. LSA Associates. Archaeological Monitor. April-June 2018

Perris Gateway Commerce Center, City of Perris, San Bernardino County, CA. The proposed project included the demolition of existing uses at the project site and the construction and operation of a 380,000 square-foot high-cube warehouse to be constructed on 21.63 acres, 0.27 acres of which will be provided for purposes of street dedication, and the remainder of the site to be developed with 205,000 square feet of landscaping, 225 passenger vehicle parking stalls, 98 trailer parking stalls, and two detention basins. Conducted monitoring during all ground disturbing activities. Archaeological Monitor. March 2018

La Pata Avenue 1.8-mile Gap Closure and Camino del Rio Extension, Orange County Public Works, City of San Juan Capistrano, Orange County, CA. This project was a massive undertaking of 14.8 million cubic yards of earth material being removed. Duties included identifying and collecting groundstone artifacts in alluvium and identifying and collecting fossils in bedrock. Ms. Duarte also prepared numerous pinniped fossils specimens with zip scribes. LSA Associates. Lead Archaeological Monitor. March 2014 - March 2017

Planning Area 40 East/East Rough Grading and Pipeline Trenching, Cities of Lake Forest and Irvine, Orange County, CA. LSA conducted paleontological resources monitoring for the rough grading of PA 40 East/East for the development of a new residential community. Ms. Duarte served as paleontological and archeological monitor during all earth-disturbing activities on site. LSA Associates. January-April 2016

On-Call Environmental Mitigation Program, OCTA, Orange County, CA. This project consisted of 6 open space properties and 11 restoration project areas selected for mitigation of impacts from the Measure M2 freeway program. Prior to any work taking place, each area had to have an environmental assessment to determine the presence of both historic and prehistoric resources. Duties included leading transects using ArcGIS on a smartphone and assisting in identifying and recording artifacts. LSA Associates. Lead Archaeological Monitor. March-June 2014

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APPENDIX B. PALEONTOLOGICAL RECORD SEARCH

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APPENDIX C. PALEO SENSITIVITY CRITERIA

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Potential Fossil Yield Classification (PFYC) rankings are as per the Bureau of Land Management (BLM 2008) PFYC PFYC Description Rank Very Low. The occurrence of significant fossils is non-existent or extremely rare. Includes igneous or metamorphic and Precambrian or older rocks. Assessment or mitigation of paleontological resources is 1 usually unnecessary. Low. Sedimentary geologic units that are not likely to contain vertebrate fossils or scientifically significant nonvertebrate fossils. Includes rock units too young to produce fossils, sediments with 2 significant physical and chemical changes (e.g., diagenetic alteration) and having few to no fossils known. Assessment or mitigation of paleontological resources is not likely to be necessary.

Potentially Moderate but Undemonstrated Potential. Units exhibit geologic features and preservational conditions that suggest fossils could be present, but no vertebrate fossils or only common types of plant 3b and invertebrate fossils are known. Surface-disturbing activities may require field assessment to determine appropriate course of action.

Moderate Potential. Units are known to contain vertebrate fossils or scientifically significant nonvertebrate fossils, but these occurrences are widely scattered and of low abundance. Common 3a invertebrate or plant fossils may be found. Surface-disturbing activities may require field assessment to determine appropriate course of action. High. Geologic units containing a high occurrence of significant fossils. Fossils must be abundant per locality. Vertebrate fossils or scientifically significant invertebrate or plant fossils are known to occur and have been documented, but may vary in occurrence and predictability. If impacts to significant 4 fossils can be anticipated, on-the-ground surveys prior to authorizing the surface disturbing action will usually be necessary. On-site monitoring or spot-checking may be necessary during construction activities.

Very High. Highly fossiliferous geologic units that consistently and predictably produce vertebrate fossils or scientifically significant invertebrate or plant fossils. Vertebrate fossils or scientifically significant invertebrate fossils are known or can reasonably be expected to occur in the impacted area. 5 On-the-ground surveys prior to authorizing any surface disturbing activities will usually be necessary. On-site monitoring may be necessary during construction activities.

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APPENDIX D. NATIVE AMERICAN CONSULTATION

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Local Government Tribal Consultation List Request

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

Type of List Requested

 CEQA Tribal Consultation List (AB 52) – Per Public Resources Code § 21080.3.1, subs. (b), (d), (e) and 21080.3.2

☐ General Plan (SB 18) - Per Government Code § 65352.3. Local Action Type: ___ General Plan ___ General Plan Element ___ General Plan Amendment

___ Specific Plan ___ Specific Plan Amendment ___ Pre-planning Outreach Activity

Required Information

Project Title: Creekside Specific Plan ______

Local Government/Lead Agency: __City of San Juan Capistrano ______

Contact Person: ____Paul Garcia, Associate Planner

Street Address: ___32400 Paseo Adelanto

City:___San Juan Capistrano

Zip:____92675______

Phone: ___ Fax:______

Email:____pgarcia@sanjuancapistrano______

Specific Area Subject to Proposed Action

County:___Orange County______City/Community: San Juan Capistrano

Project Description:

The project site is developed with a vacant one-level 123,000 square feet industrial building and associated surface parking lot, driveways, and walkways. The building was previously used for manufacturing by the Endevco Corporation. The proposed project would be developed on a 15.3 acre site at 30700 Rancho Viejo Road in the City of San Juan Capistrano, Orange County.

The Project Applicant proposes to demolish the existing 123,000 -square-foot building formerly used for manufacturing purpose to construct 188 resident units on 15.3 acres. The 188 units would consist of single -family detached units, single -family attached units, duplex units, multiple-family apartments and cooperatives, and multiple -family townhouse and condominium units. Creekside would be developed following the Design Guideline Chapter of the Specific Plan, providing design framework for streetscape, landscape, and buildings to convey a unified community character. Any development plan submitted under the Specific Plan would be submitted to the City of Capistrano for Architectural Review Control review and approval.

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STATE OF CALIFORNIA GAVIN NEWSOM, Governor

NATIVE AMERICAN HERITAGE COMMISSION Cultural and Environmental Department 1550 Harbor Blvd., Suite 100 West Sacramento, CA 95691 Phone: (916) 373-3710 Email: [email protected] Website: http://www.nahc.ca.gov

November 22, 2019

Paul Garcia City of San Juan Capistrano

VIA Email to: [email protected]

RE: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Creekside Specific Plan Project, Orange County Dear

Mr. Garcia:

Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”)

Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides:

Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section.

The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for notification of projects in the tribe’s areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources.

The NAHC also recommends, but does not require that agencies should also include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as:

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1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to:

▪ A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites;

▪ Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response;

▪ Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and

▪ If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.

2. The results of any archaeological inventory survey that was conducted, including:

▪ Any report that may contain site forms, site significance, and suggested mitigation measures.

All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10.

3. The result of any Sacred Lands File (SLF) check conducted through the NAHC was positive. Please contact the Juaneno Band of Mission Indians Acjachemen Nation on the attached list for more information.

4. Any ethnographic studies conducted for any area including all or part of the APE; and

5. Any geotechnical reports regarding all or part of the APE.

Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource.

This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process.

If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current.

If you have any questions, please contact me at my email address: [email protected].

Sincerely,

Steven Quinn Associate Governmental Program Analyst

Attachment

Cogstone 60 D-65 Native American Heritage Commission Native American Contact List Orange County 11/22/2019

Agua Caliente Band of Cahuilla Juaneno Band of Mission Indians Indians Acjachemen Nation - Jeff Grubbe, Chairperson Romero 5401 Dinah Shore Drive Cahuilla Teresa Romero, Chairperson Palm Springs, CA, 92264 31411-A La Matanza Street Juaneno Phone: (760) 699 - 6800 San Juan Capistrano, CA, 92675 Fax: (760) 699-6919 Phone: (949) 488 - 3484 Fax: (949) 488-3294 [email protected]

Agua Caliente Band of Cahuilla Indians La Jolla Band of Luiseno Patricia Garcia-Plotkin, Director Indians 5401 Dinah Shore Drive Cahuilla Fred Nelson, Chairperson Palm Springs, CA, 92264 22000 Highway 76 Luiseno Phone: (760) 699 - 6907 Pauma Valley, CA, 92061 Fax: (760) 699-6924 Phone: (760) 742 - 3771 [email protected]

Juaneno Band of Mission Pala Band of Mission Indians Indians Shasta Gaughen, Tribal Historic Sonia Johnston, Chairperson Preservation Officer P.O. Box 25628 Juaneno PMB 50, 35008 Pala Temecula Cupeno Santa Ana, CA, 92799 Rd. Luiseno [email protected] Pala, CA, 92059 Phone: (760) 891 - 3515 Juaneno Band of Mission Fax: (760) 742-3189 Indians Acjachemen Nation - [email protected]

Belardes Joyce Perry, Tribal Manager Pauma Band of Luiseno Indians 4955 Paseo Segovia Juaneno Temet Aguilar, Chairperson Irvine, CA, 92603 P.O. Box 369 Luiseno Phone: (949) 293 - 8522 Pauma Valley, CA, 92061 [email protected] Phone: (760) 742 - 1289

Fax: (760) 742-3422 Juaneno Band of Mission [email protected]

Indians Acjachemen Nation -

Belardes Pechanga Band of Luiseno Matias Belardes, Chairperson Indians 32161 Avenida Los Amigos Juaneno Mark Macarro, Chairperson San Juan Capisttrano, CA, 92675 P.O. Box 1477 Luiseno Phone: (949) 293 - 8522 Temecula, CA, 92593 [email protected] Phone: (951) 770 - 6000 Fax: (951) 695-1778 [email protected]

This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Creekside Specifc Plan Project, Orange County.

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Pechanga Band of Luiseno Soboba Band of Luiseno Indians Indians Paul Macarro, Cultural Resources Joseph Ontiveros, Cultural Coordinator Resource Department P.O. Box 1477 Luiseno P.O. BOX 487 Cahuilla Temecula, CA, 92593 San Jacinto, CA, 92581 Luiseno Phone: (951) 770 - 6306 Phone: (951) 663 - 5279 Fax: (951) 506-9491 Fax: (951) 654-4198 [email protected] [email protected]

Rincon Band of Luiseno Indians Soboba Band of Luiseno Cheryl Madrigal, Tribal Historic Indians Preservation Officer Scott Cozart, Chairperson One Government Center Lane Luiseno P. O. Box 487 Cahuilla Valley Center, CA, 92082 San Jacinto, CA, 92583 Luiseno Phone: (760) 297 - 2635 Phone: (951) 654 - 2765 [email protected] Fax: (951) 654-4198 [email protected]

Rincon Band of Luiseno Indians Bo Mazzetti, Chairperson One Government Center Lane Luiseno Valley Center, CA, 92082 Phone: (760) 749 - 1051 Fax: (760) 749-5144 [email protected]

San Luis Rey Band of Mission Indians San Luis Rey, Tribal Council 1889 Sunset Drive Luiseno Vista, CA, 92081 Phone: (760) 724 - 8505 Fax: (760) 724-2172 [email protected]

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Creekside Specifc Plan Project, Orange County.

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San Luis Rey Band of Mission Indians 1889 Sunset Drive Vista, CA, 92081 Phone: (760) 724 - 8505 Fax: (760) 724-2172 [email protected] Luiseno

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Creekside Specifc Plan Project, Orange County.

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