3.1 Cultural and Tribal Cultural Resources This section describes the existing conditions related to cultural and tribal cultural resources within the area of potential effect (APE), and evaluates the potential for impacts to cultural and tribal cultural resources due to implementation of the proposed Sunroad Commercial Project (project). Information in the following section is based on the Cultural Resources Study prepared by ASM Affiliates, Inc., in 2018, which is included as Appendix B.

3.1.1 Environmental Setting The proposed study area for cultural and tribal cultural resources has been defined as an APE that considers the whole project site (4.12 acres). The project area is located in the Peninsular Ranges geomorphic province. This geomorphic province encompasses an area that extends approximately 900 miles from the Transverse Ranges and the Los Angeles Basin south to the southern tip of Baja California. The province varies in width from approximately 30 to 100 miles. In general, the province consists of rugged mountains underlain by Jurassic metavolcanic and metasedimentary rocks, and Cretaceous igneous rocks of the batholith. The proposed project is located in the coastal portion of the province in San Diego County, where the metamorphic and granitic basement rocks are overlain by sedimentary materials that are Cretaceous, Tertiary, and Quaternary age. The project site is situated within the Coastal Plain of the Peninsular Ranges geomorphic province, where the metamorphic and granitic basement rocks are overlain by sedimentary materials that are Cretaceous, Tertiary, and Quaternary age.

The entire APE was roughly graded during the construction of State Route 78. Based on historical aerial photographs and topographic maps, the property appears to have been developed for residential purposes in 1946. These residential structures were removed by 1997. The lot has been vacant in its current condition. It appears that the site has been used for parking and storage.

3.1.1.1 Known Cultural Resources Records Search A records search was conducted at the South Coastal Information Center, located at San Diego State University. The records search provided a review of existing cultural resources, including historic buildings, structures, and objects that were previously identified within a one-mile radius of the project site. The results of the California Historical Resources Information System (CHRIS) records search were received on August 15, 2018. CHRIS records identified 53 previous reports that address areas within a one-mile radius of the project site. Of these reports, only five reports intersect the project APE (see Table 3.1-1). CHRIS records also indicate the presence of 28 previously recorded cultural resources within a one-mile radius of the project

DEIR 3.1-1 October 2019 Sunroad Commercial Project APE (see Table 3.1-2). None of these intersect the APE. In addition, 15 unique historic addresses were identified within the one-mile radius.

Table 3.1-1. Summary of Previous Reports that Intersect the Project APE IC File No. NADB No. Authors Year Title Affiliation SD-03075 1123075 Carrico, Richard, 1995 Historic Property Survey Ogden Andrew Pigniolo, Brian Report for the State Route 78 Environmental Glenn, and Kathleen Corridor Enhancement and Energy Crawford Project, II-SD-78, P.M. 5.3- Services Co. 9.8, 965100, City of Vista, California SD-04110 1124110 Whitehouse, John 1990 A Cultural Resource Survey RECON of the Melrose and Hacienda Commercial Center, City of Vista, California SDI-07274 1127274 Carrico, Richard 1995 Historic Property Survey Ogden Report for the State Route 78 Environmental Corridor Enhancement and Energy Project, 11-SD-78, P.M. 5.3- Services Co. 9.8, 965100 City of Vista, California SDI-11228 1131228 Marben-Laird 1987 Historic Resource Survey, a Marben-Laird Associates Project of the City of Vista, Associates California SD-11524 1131524 Rosenberg, Seth A., 2007 A Cultural Resources Brian F. Smith Adriane Dorrler, and Evaluation for the Vista and and Associates Brian F. Smith Buena Sanitation District 2007 Sewer Master Plan Update Source: Appendix B.

DEIR 3.1-2 October 2019 Sunroad Commercial Project Table 3.1-2. Summary of Cultural Resources within One-Mile of the Project APE Primary No. Trinomial No. Proximity to (P-37-) (CA-SDI-) Recorder, Year Site Attributes APE (m) 638 638 Wallace 1958, Ezell 1972, Lithic scatter, Ceramic scatter, Bedrock 1,584 Hedges 1977 milling feature, Pictographs 640 640 Wallace 1958 Lithic scatter 1,497 641 641 Wallace 1958 Lithic scatter, Habitation debris 1,343 642 642 Wallace 1958 Bedrock milling feature 1,129 643 643 Wallace 1958 Lithic scatter, Habitation debris 1,155 644 644 Wallace 1958, Serr and Lithic scatter 728 Hoffman 2009, 2011 645 645 Wallace 1959 Habitation debris 1,408 646 646 Wallace 1958 Lithic scatter, Habitation debris, Shell 544 scatter 15574 15574 James, Bark, and Cooley Foundations/structure pads 1,225 (Ogden) 1996, Gallegos 2007 15575 15575 James, Bark, and Cooley Foundations/structure pads 964 (Ogden) 1996, Gallegos 2007 25151 Marvin (LSA) 2003 Single family property, Ancillary building 1,234 25152 Marvin (LSA) 2003 Single family property 1,007 25153 Marvin (LSA) 2003 Single family property, Commercial 721 building 25154 Marvin (LSA) 2003 Single family property, Commercial 673 building 28764 Marben-Laird Associates Commercial building 1,078 1987 28766 Marben-Laird Associates Commercial building 990 1987 28770 Marben-Laird Associates Single family property 822 1987 28772 Marben-Laird Associates Theater 1,169 1987 28773 Marben-Laird Associates Community center/social hall 807 1987 28775 Marben-Laird Associates Commercial building 1,136 1987 28776 Marben-Laird Associates Railroad depot 1,177 1987 28777 Marben-Laird Associates Park 1,587 1987 28778 Marben-Laird Associates Commercial building 1,129 1987 36153 Castells (ASM) 2015 Ancillary building 1,401

DEIR 3.1-3 October 2019 Sunroad Commercial Project Table 3.1-2. Summary of Cultural Resources within One-Mile of the Project APE Primary No. Trinomial No. Proximity to (P-37-) (CA-SDI-) Recorder, Year Site Attributes APE (m) 36435 Davison, Falvey, and Diaz de Trash scatter 677 Leon (Helix) 2017 36621 Garrison and Ellis (Brian Trash scatter 559 Smith Assoc.) 2017 36622 Garrison and Ellis (Brian Single family property 528 Smith Assoc.) 2017 36623 Garrison and Ellis (Brian Single family property 489 Smith Assoc.) 2017 Source: Appendix B. Of the 28 previously recorded cultural resources within the one-mile search radius of the project APE, eight are prehistoric sites, four are historic-period sites, and 16 are historic buildings. Additionally, 15 historic addresses occur within the one-mile search radius. However, none of the previously recorded cultural historical resources intersect the project APE.

3.1.2 Regulatory Setting

3.1.2.1 Federal Native American Graves Protection and Repatriation Act The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law passed in 1990. NAGPRA provides a process for museums and federal agencies to return certain Native American cultural items—human remains, funerary objects, sacred objects, or objects of cultural patrimony—to lineal descendants and culturally affiliated Native American tribes and Native Hawaiian organizations. NAGPRA includes provisions for unclaimed and culturally unidentifiable Native American cultural items, intentional and inadvertent discovery of Native American cultural items on federal and tribal lands, and penalties for noncompliance and illegal trafficking.

Federal curation regulations are also provided in Title 36, Part 79, of the Code of Federal Regulations, which apply to collections that are excavated or removed under the authority of the Archaeological Resources Protection Act (16 USC 470[aa–mm]), the Reservoir Salvage Act (16 USC 469–469[c]), or Section 110 of the National Historic Preservation Act (16 USC 470[h-2]).

National Historic Preservation Act Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The Section 106 process involves efforts to identify historic properties potentially affected by the undertaking; assess its effects; and seek ways to avoid, minimize, or mitigate any adverse effects on historic properties.

DEIR 3.1-4 October 2019 Sunroad Commercial Project In order to help identify these historic properties and provide community involvement, consulting parties are identified through coordination with the appropriate State Historic Preservation Officer and/or Tribal Historic Preservation Officer.

The National Historic Preservation Act established the National Register of Historic Places (NRHP) as the official federal list of cultural resources that have been nominated by state offices for their historic significance at the local, state, or national level. Listing on the NRHP assists in preservation of historic properties through the following actions: formal recognition of a property’s historic, architectural, or archaeological significance; consideration in planning for federal, federally licensed, or federally assisted projects; eligibility for federal tax benefits; consideration of historic values in the decision to issue a surface mining permit; and qualification for federal grants for historic preservation, when funds are available.

3.1.2.2 State California Assembly Bill 52, Native Americans: California Environmental Quality Act Assembly Bill (AB) 52 specifies that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resources, as defined, is a project that may have a significant effect on the environment. Further, AB 52 requires a lead agency to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, if the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area and the tribe requests consultation, prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. AB 52 specifies examples of mitigation measures that may be considered to avoid or minimize impacts on tribal cultural resources.

California Environmental Quality Act Under the California Environmental Quality Act (CEQA), public agencies must consider the impacts of their actions on both historical resources and unique archaeological resources. Pursuant to California Public Resources Code, Section 21084.1, a “project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment.” Section 21083.2 requires agencies to determine whether proposed projects would have effects on unique archaeological resources.

“Historical resource” is a term with a defined statutory meaning (refer to California Public Resources Code, Section 21084.1, and State CEQA Guidelines, Section 15064.5[a] and [b]). The term applies to any resource listed in or determined to be eligible for listing in the California Register of Historic Resources (CRHR). The CRHR includes California resources listed in or

DEIR 3.1-5 October 2019 Sunroad Commercial Project formally determined eligible for listing in the NRHP, as well as certain California historic landmarks and points of historic interests.

Archaeological resources can sometimes qualify as historical resources (State CEQA Guidelines, Section 15064.5[c][1]). CEQA requires lead agencies to consider whether projects will impact unique archaeological resources. California Public Resources Code, Section 21083.2(g), states that “unique archaeological resource” means an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria (California Public Resources Code, 21083.2[g]): 1. Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information. 2. Has a special and particular quality such as being the oldest of its type or the best available example of its type. 3. Is directly associated with a scientifically recognized important prehistoric or historic event or person.

Treatment options under Section 21083.2 include activities that preserve such resources in place and in an undisturbed state. Other acceptable methods of mitigation under Section 21083.2 include excavation and curation or study in place without excavation and curation (if the study finds that the artifacts would not meet one or more of the criteria for defining a unique archaeological resource).

Advice on procedures to identify cultural resources, evaluate their importance, and estimate potential effects is given in several agency publications such as the series produced by the Governor’s Office of Planning and Research. The technical advice series produced by the Governor’s Office of Planning and Research strongly recommends that Native American concerns and the concerns of other interested persons and corporate entities, including but not limited to museums, historical commissions, associations, and societies, be solicited as part of the process of cultural resources inventory. In addition, California law protects Native American burials, skeletal remains, and associated grave goods regardless of their antiquity and provides for the sensitive treatment and disposition of those remains. State CEQA Guidelines, Section 15064.5(e), provides steps for accidental discovery or recognition of human remains outside of a dedicated cemetery.

California Health and Safety Code, Section 7050.5 California Health and Safety Code, Section 7050.5, Disturbance of Human Remains, establishes intentional disturbance, mutilation, or removal of interred human remains as a misdemeanor and specifies protocol for the inadvertent discovery of human remains.

California Native American Graves Protection and Repatriation Act The California NAGPRA, enacted in 2001, requires state agencies and museums that receive state funding and that have possession or control over collections of human remains or cultural items,

DEIR 3.1-6 October 2019 Sunroad Commercial Project as defined, to complete an inventory and summary of these remains and items on or before January 1, 2003, with certain exceptions. California NAGPRA also provides a process for the identification and repatriation of these items to the appropriate Native American tribes.

California Public Resources Code, Section 5097.9 California Public Resources Code, Section 5097.9, prohibits interference with Native American religion or damage to cemeteries or places of worship and requires the Native American Heritage Commission (NAHC) to immediately notify the most likely descendants when it receives notification of a discovery of Native American human remains pursuant to California Health and Safety Code, Section 7050.5 (described above).

California Register of Historical Resources, Section 5020 et seq. State law protects cultural resources by requiring evaluations of the significance of prehistoric and historic resources. The California criteria for the register are nearly identical to those for the NRHP. The State Historic Preservation Officer maintains the California Register of Historical Resources (CRHR). Properties listed, or formally designated eligible for listing, on the NRHP are automatically listed on the CRHR, as are state landmarks and points of interest. The CRHR also includes properties designated under local ordinances or identified through local historic resource surveys.

3.1.2.3 Local City of Vista General Plan The Vista General Plan 2030 Update (GP 2030 Update) was adopted on February 28, 2012, by City Council. The Resource Conservation and Sustainability (RCS) Element, Chapter 4 in the City of Vista’s (City’s) GP 2030 Update, addresses cultural and historical resources within the city. The purpose of the element is to (1) identify the city’s important resources; (2) protect the quality of life for the city’s community members by maintaining the area’s natural biodiversity, parks and recreational opportunities, and scenic beauty; and (3) develop policies and implementation programs to protect, preserve, or enhance these resources and manage their production. Specific policies that apply to the proposed project include the following:

 RCS Policy 11.1: Continue to utilize historical resources, such as the Adobe, for school programs, community education, and events; and coordinate programming with other historic sites.  RCS Policy 11.2: Continue to preserve Vista’s historic adobes and nationally registered and significant historic buildings, such as the Adobe and the Braun House. Consider national and local historic designations for eligible City-owned properties.  RCS Policy 11. 3: Support preservation of historical resources, including providing for adaptive reuse and tax incentives where appropriate.

DEIR 3.1-7 October 2019 Sunroad Commercial Project  RCS Policy 12.3: Ensure that the San Luis Rey Band of is notified of any proposed discretionary planning or grading applications affecting lands with potential archaeological resources.  RCS Policy 12.4: If significant Native American artifacts are discovered during preconstruction or construction phases of a discretionary project or during the implementation of a grading permit, the first priority shall be a) to avoid any further disturbance of those areas by redesigning the proposed development or project, and b) to have those areas placed into protected open space via an open space easement or similar protective measure. If avoidance is not feasible based on consultation with the most likely descendant of such artifacts, appropriate mitigation shall be required. Any discovered Native American artifacts shall be returned to their most likely descendant and repatriated at the earliest opportunity.  RCS Policy 12.5: If Native American human remains and /or associated grave goods are found during any of the activities identified in RCS Policy 12.4, the first priority shall be a) to avoid any further disturbance (i.e., grading, development) of those areas in which they are found, and b) to have the remains and /or associated grave goods preserved in place via an open space easement or similar protective land use measure. The second priority shall be that the most likely descendant of the remains and /or associated grave goods, as determined by NAHC, must also have the opportunity to recommend other culturally appropriate treatment.

City of Vista Development Code

Chapter 15.12, Historic Preservation Considerable evidence exists in both the built environment and the written historic record of human settlement and activity in what is now the city of Vista. Evidence includes that of prehistoric Native American society to Spanish colonization, Mexican rule, American statehood, the transformation of ranching and dry farming into a diverse agricultural industry, and the eventual decline of agriculture in the face of suburban residential development. Chapter 15.12 establishes a process by which to identify, protect, enhance, and encourage the viable use of resources that embody the historical, archaeological, cultural, architectural, and aesthetic heritage of the city, the state, and the nation.

3.1.3 Impact Significance Criteria According to the City’s modified Appendix G checklist of the State CEQA Guidelines, a project would be considered to have a significant historical, cultural, and tribal cultural resource impact if it would:  Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines, Section 15064.5.

DEIR 3.1-8 October 2019 Sunroad Commercial Project  Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines, Section 15064.5.  Cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code, Section 21074.  Disturb any human remains, including those interred outside of formal cemeteries.

3.1.4 Method of Analysis The analysis of cultural and tribal cultural resources is based on the analysis of the Cultural Resources Study prepared by ASM Affiliates, Inc., in 2018 (Appendix B). As previously described, a CHRIS records search was conducted at the South Coastal Information Center, located at San Diego State University. The search encompassed a one-mile search radius around the project APE. The CRHR and NRHP were also examined. In addition, a representative of ASM Affiliates, Inc., and a Native American Monitor from Saving Sacred Sites (San Luis Rey Band of Mission Indians/Luiseño) conducted a pedestrian survey of portions of the property on July 17, 2018. Accessible areas of exposed soil were visually inspected. The project site is currently a roughly graded parcel, indicating the entire area has been previously disturbed. The visual inspection of the project site did not identify the presence of cultural resources.

3.1.5 Project Impacts and Mitigation

3.1.5.1 Issue 1: Historical Resources Would the project cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the State CEQA Guidelines? Impact Analysis The project site is currently a roughly graded vacant lot with bare soil and areas of exposed rock outcrops. Based on historical aerial photographs and topographic maps, it appears that the project site had been previously developed for residential purposes in 1946. Those structures were later removed in 1997, and the site has been vacant since. Additionally, the project APE was assessed for the presence of cultural resources, including historical resources. The results of the CHRIS records indicated that no historical resources have been recorded within the APE. Implementation of the proposed project would include construction and operational activities, which would be contained within the boundaries of the APE and, as such, would not impact historical resources near the project site. Therefore, there are no structures on the project site that would meet any of the CRHR eligibility criteria for historic and/or architectural significance required for listing. Therefore, implementation of the proposed project would not cause a substantial adverse change in the significance of a historical resource.

DEIR 3.1-9 October 2019 Sunroad Commercial Project Significance of Impact The project APE does not contain any historical resources, and as such, implementation of the proposed project would not cause a substantial adverse change in the significance of a historical resource. There would be no impacts associated with historical resources.

Mitigation Measures No mitigation measures are required.

3.1.5.2 Issue 2: Archaeological Resources Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the State CEQA Guidelines? Impact Analysis Effects on archaeological resources generally occur as the result of construction activities, such as grading or trenching, which could potentially damage or destroy known or unknown archaeological resources. A CHRIS records search and literature review for the project site was conducted at the South Coastal Information Center (Appendix B).

The CHRIS record search concluded that no recorded archaeological resources are located within the APE. Additionally, a search of the NAHC Sacred Lands Files indicated that there are no documented sacred lands within the project site. As discussed previously, a pedestrian survey was also conducted on the property on July 17, 2018, which did not identify the presence of cultural resources.

However, the CHRIS identified 28 previously recorded cultural sites within a one-mile search radius of the project APE. Although none of these cultural resources intersect the project APE, there is a potential for the proposed project to result in a significant impact on an unknown archaeological resource due to the known archaeological resource sites SDI-644 and SDI-646, which are located within 0.75 kilometer of the APE. Thus, the presence of previously recorded archaeological sites near the project site illustrates the regional sensitivity for archaeological resources.

While the APE has demonstrated areas of disturbance, it is possible that ground-disturbing activities associated with construction of the proposed project may uncover unknown subsurface archaeological resources. In the event that subsurface archaeological resources are encountered during construction, such resources could potentially be damaged or destroyed, resulting in a significant adverse impact. Therefore, implementation of the proposed project would result in a potentially significant impact associated with archaeological resources.

DEIR 3.1-10 October 2019 Sunroad Commercial Project Significance of Impact Implementation of the proposed project has the potential to damage or destroy unknown subsurface archaeological resources, which could result in a potentially significant impact to an archaeological resource.

Mitigation Measures

CUL-1 Construction Monitoring. Cultural resource construction monitoring shall be conducted on the site to provide for the identification, evaluation, treatment, and protection of any cultural resources that are affected by or may be discovered during the construction of the proposed project. The monitoring shall consist of the full-time presence of a Qualified Archaeologist and a traditionally and culturally affiliated (TCA) Native American Monitor for, but not limited to, any clearing or grubbing of vegetation, tree removal, demolition and/or removal of remnant foundations, pavements, abandonment, and/or installation of infrastructure; grading or any other ground-disturbing or altering activities, including the placement of any imported fill materials (Note: All fill materials shall be absent of any and all cultural resources); and related road improvements, including but not limited to the installation of infrastructure and the realignments and/or expansions to Hacienda Drive and/or Vista Village Drive. Other tasks of the monitoring program shall include the following:  The requirement for cultural resource construction monitoring shall be noted on all applicable construction documents, including but not limited to demolition plans and grading plans.  The Qualified Archaeologist and TCA Native American Monitor shall attend at least one pre-construction meeting with the Contractor and/or associated Subcontractors (e.g., Grading Contractor) and a representative from the City of Vista’s Engineering or Community Development departments to present the archaeological monitoring program as presented in these measures.  The Qualified Archaeologist shall maintain ongoing collaborative consultation with the TCA Native American Monitor during all ground-disturbing or altering activities, as identified above. The Project Applicant or Owner and/or Grading Contractor shall notify the Director of Community Development in writing, preferably through email, at least 48 hours prior to the start and end of all ground- disturbing activities.  The Qualified Archaeologist and/or TCA Native American Monitor may halt ground-disturbing activities if archaeological artifacts, deposits, and/or tribal cultural features are inadvertently discovered. In general, ground-disturbing activities shall be directed away from these discoveries for a short time to allow a determination of potential significance, the subject of which shall be determined by the Qualified Archaeologist and the TCA Native American Monitor, in consultation

DEIR 3.1-11 October 2019 Sunroad Commercial Project with the San Luis Rey Band. Ground-disturbing activities shall not resume until the Qualified Archaeologist, in consultation with the TCA Native American Monitor, deems that the cultural resource or feature has been appropriately documented and/or protected. At the Qualified Archaeologist’s discretion, the location of ground-disturbing activities may be relocated elsewhere on the project site to avoid further disturbance of cultural resources.  The avoidance and protection of inadvertently discovered significant cultural and/or tribal cultural resources, and/or unique archaeological resources, is the preferable mitigation for the proposed project. If avoidance is not feasible, a data recovery plan may be authorized by the City of Vista as the lead agency under the California Environmental Quality Act. If data recovery is required, then the San Luis Rey Band shall be notified by the Qualified Archaeologist and consulted in drafting and finalizing any such recovery plan.

CUL-2 Pre-Excavation Agreement. Prior to the issuance of a grading permit, and subject to approval of terms by the City of Vista, the Project Applicant or Owner and/or Contractor shall enter into a pre-excavation agreement with the San Luis Rey Band, a TCA tribe. A copy of the agreement shall be included in the grading plan submittals for the grading permit. The purpose of this agreement shall be to formalize protocols and procedures between the Project Applicant or Owner and/or Contractor and the San Luis Rey Band for the protection and treatment of artifacts, deposits, and/or features, including but not limited to Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas, and cultural items located and/or discovered through a monitoring program in conjunction with the construction of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, off-site infrastructure installation, grading, and all other ground-disturbing activities.

CUL-3 Monitoring Report and/or Evaluation Report. Prior to the release of the grading bond, a monitoring report and/or evaluation report, which describes the results, analysis, and conclusions of the cultural resource construction monitoring efforts (including but not limited to research design and/or data recovery programs) shall be submitted, along with the TCA Native American Monitor’s notes and comments, by the Qualified Archaeologist to the City of Vista’s Director of Community Development for review and approval.

CUL-4 Most Likely Descendant. All cultural materials that are associated with burial and/or funerary goods will be repatriated to the most likely descendant as determined by the Native American Heritage Commission per California Public Resources Code, Section 5097.98.

DEIR 3.1-12 October 2019 Sunroad Commercial Project CUL-5 Recovered Cultural Material. Recovered cultural material of historic significance shall be curated with accompanying catalog, photographs, and reports to a San Diego curation facility that meets federal standards per Title 36, Part 79, of the Code of Federal Regulations. Recovered cultural material of tribal cultural significance shall be repatriated as stipulated in the pre-excavation agreement as described in Mitigation Measure CUL-2.

Significance After Mitigation With implementation of Mitigation Measures CUL-1 through CUL-5, potential impacts related to significant archaeological resources would be reduced to a less than significant level.

3.1.5.3 Issue 3: Tribal Cultural Resources Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code Section 21074? Impact Analysis As part of the preparation of the Cultural Resources Study (Appendix B), a letter was sent to the NAHC on August 15, 2018, to determine whether any sacred sites are listed on its Sacred Lands File for the project APE. The response letter from the NAHC (August 27, 2018) noted that the search of their sacred sites list was negative. A list of Native American tribal members who may have additional knowledge of the project APE was included with the NAHC response.

City staff consulted with California Native American representatives per the requirements of AB 52 on the potential impacts of the project. It was agreed that while there could be impacts to unknown tribal cultural resources during project construction (an “inadvertent discovery”), which would be a potentially significant impact under CEQA, the extensive amount of granitic bedrock known as tonalite would not require any additional avoidance or mitigation considerations other than the City’s typical measures. As a result, it was agreed that Native American monitoring would be required for all ground-disturbing activities within the potential APE.

Significance of Impact Because of the known archaeological resource sites in the vicinity of the project, specifically SDI- 644 and SDI-646, which are located within 0.75 kilometer of the APE, there is a potential for the construction of the proposed project to result in a significant impact on unknown subsurface tribal cultural resources.

Mitigation Measures See the previous Mitigation Measures CUL-1 through CUL-5.

DEIR 3.1-13 October 2019 Sunroad Commercial Project Significance After Mitigation With implementation of Mitigation Measures CUL-1 through CUL-5, potential impacts related to tribal cultural resources would be reduced to a less than significant level.

3.1.5.4 Issue 4: Human Remains Would the project disturb any human remains, including those interred outside of dedicated cemeteries? Impact Analysis The project site does not contain, and is not adjacent to, any known cemeteries. Although disturbance of human remains is unlikely, it is possible that ground-disturbing activities could unearth previously unknown vestiges. This would be considered a potentially significant impact.

Significance of Impact Implementation of the proposed project has the potential to disturb unknown human remains, which would result in a potentially significant impact.

Mitigation Measures

CUL-6 Human Remains. As specified by California Health and Safety Code, Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office by telephone. No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the Qualified Archaeologist and/or the TCA Native American Monitor) shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to California Public Resources Code, Section 5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected (as determined by the Qualified Archaeologist and/or the TCA Native American Monitor), and consultation and treatment could occur as prescribed by law. As further defined by state law, the County Coroner would determine within two working days of being notified if the remains are subject to his or her authority. If the County Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would make a determination as to the most likely descendent. If Native American remains are discovered, the remains shall be kept in situ (in place) or in a secure location in proximity to where they were found, and the analysis of the remains shall only occur on site in the presence of the Native American Monitor.

Also see Mitigation Measures CUL-1 through CUL-5.

DEIR 3.1-14 October 2019 Sunroad Commercial Project Significance After Mitigation With implementation of Mitigation Measures CUL-1 through CUL-6, potential impacts related to the discovery of human remains would be reduced to a less than significant level.

3.1.6 Cumulative Impacts

3.1.6.1 Cumulative Issue 1: Historical Resources The geographic context for the analysis of cumulative impacts to historical resources is considered to be the city of Vista. The RCS Element of the City’s GP 2030 Update includes goals and policies for the preservation and protection of cultural, historical, and paleontological resources. RCS Policies 11.1 through 11.3 are aimed at ensuring historic resources, adobes, and nationally registered and significant historic buildings (such as the Ranch Guajome Adobe and the Braun House) are preserved. Similar to the proposed project, past, present and reasonably foreseeable future developments would be required to comply with the goals and policies in the City’s GP 2030 Update related to historical resources. Prior to issuance of a building and/or grading permit, other future development projects would be required to demonstrate that the project includes adequate mitigation measures to mitigate potentially significant impacts to historical resources in accordance with CEQA. Therefore, a cumulative impact related to historical resources would not occur.

3.1.6.2 Cumulative Issue 2: Archaeological Resources The geographic context for the analysis of cumulative impacts to archaeological resources is considered to be the San Diego region. Evidence of human occupation in the project APE is represented by numerous archaeological sites throughout the city and the overall region. These sites contain artifacts and features of value in reconstructing cultural patterns of prehistoric life. Due to the scarcity of archaeological resources and the potential for construction activities associated with future development projects to impact known and unknown resources, a significant cumulative impact to archaeological resources exists.

The CHRIS records search reported archaeological sites within the vicinity of the project APE, specifically SDI-644 and SDI-646 located within 0.75 kilometer of the APE. As discussed in Section 3.1.5.2, construction of the proposed project has the potential to result in potentially significant impacts to unknown archaeological resources below the ground surface of the site. However, implementation of Mitigation Measures CUL-1 through CUL-5 would reduce any potential impacts to a less than significant level. Therefore, implementation of the proposed project would not contribute to a significant cumulatively considerable impact to archaeological resources.

3.1.6.3 Cumulative Issue 3: Tribal Cultural Resources Cumulative projects located in the San Diego region have the potential to result in a cumulative impact associated with the loss of tribal cultural resources through development activities that could cause a substantial adverse change in their significance. These sites may contain artifacts and

DEIR 3.1-15 October 2019 Sunroad Commercial Project resources associated with tribal cultural values and religious beliefs. Any cumulative projects that involve ground-disturbing activities have the potential to result in significant impacts on tribal resources. Therefore, the cumulative destruction of significant tribal cultural resources from planned construction and development projects in the San Diego region would be cumulatively significant.

Although no known tribal cultural resources have been identified in the APE, there is potential for construction of the proposed project to result in potentially significant impacts to unknown subsurface resources. Potentially significant impacts to unknown tribal cultural resources would be mitigated to a less than significant level with the implementation of Mitigation Measures CUL- 1 through CUL-5. Further, adherence to the City’s GP 2030 Update’s RCS Element Policies 12.3 through 12.5, in combination with the mitigation measures identified in Section 3.1.5.2, would reduce the project’s contribution to cumulative tribal cultural resource impacts to less than cumulatively considerable.

3.1.6.4 Cumulative Issue 4: Human Remains The geographic context for the analysis of cumulative impacts to human remains is considered to be the San Diego region. The presence of numerous archaeological sites throughout the region indicates that prehistoric human occupation occurred throughout the region. Additionally, historic-era occupation of the area increases the possibility that humans could be interred outside of a formal cemetery. Cumulative development projects would have the potential to encounter unknown, interred human remains during construction activities, which would result in significant cumulative impact. No human remains were identified in the project APE. However, unidentified human remains, whether as part of a prehistoric burial, an archaeological site, or an isolated occurrence, could be present below the ground surface. The identification of human remains inadvertently discovered during construction activities would occur through implementation of Mitigation Measure CUL- 6, which includes compliance with California Health and Safety Code, Section 7050.5, and California Public Resources Code, Section 5097.98. This measure would provide an opportunity to minimize disturbance of human remains, and to appropriately treat any remains that are discovered. Implementation of this measure would reduce the impacts of inadvertent discoveries of human remains to a less than significant level. Therefore, the proposed project would not contribute to a significant cumulative impact to human remains.

DEIR 3.1-16 October 2019 Sunroad Commercial Project