Cultural and Paleontological Resources

Section 4.9 Cultural and Paleontological Resources

4.9.1 Introduction

This section assesses the potential impacts on cultural resources that could arise from disturbances and impacts resulting from development consistent with the proposed project, General Plan Amendment No. 960 (GPA No. 960). Cultural resources include areas, places, sites (particularly archeological sites), buildings, structures, objects, records, or manuscripts associated with history or prehistory. Some specific examples of cultural resources are pioneer homes, buildings, or old wagon roads; structures with unique architecture or designed by a notable archi- tect; prehistoric Native American village sites; pioneering ethnic settlements; historic or prehistoric artifacts or objects, rock inscriptions, human burial sites; battlefields; railroad water towers; prehistoric trails; early mines or important historic industrial sites. Cultural resources may also include places that have historic or traditional associations or that are important for their natural resources. Cultural resources are important for scientific, historic and, at times religious, reasons to cultures, communities, groups and individuals.

Paleontological resources (evidence of past life forms and their biota) are valued for the information they yield about the history of the earth and its past ecological settings. Although not human-related, paleontological resources are also included in this section, as their impacts and mitigation requirements tend to be similar to that of archeological resources. On rare occasion, fossils have been found in archeological sites that have been modified by man, making them also artifacts.

4.9.2 Existing Setting - Cultural and Paleontological Resources

The cultural resource characteristics of Riverside County reflect patterns of human settlement, human use of the land and its resources, the artistic expressions on material culture and natural features, technologies and ideologies, as well as past environmental conditions. The existing paleontological setting reflects the paleontological record and related geology as they are currently known for Riverside County. This sub-section includes information summarized from Section 4.6 of the 1999 “Existing Setting Report” prepared for the 2003 RCIP General Plan.

A. Cultural / Ethnological Resources

The cultural history of Riverside County is divided into two general chronological units: prehistory and the historic time periods which include ethnohistoric information. “Prehistory” encompasses the period of earliest human activities prior to the keeping of written records and spans over 99% of the total extent of human society. Due to the lack of written sources for this period, archeological study is key to its understanding. In Southern

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California, the prehistoric period refers only to Native American traditions, beginning with the settlement of the Southern California region at least 10,000 to 12,000 years ago and extending forward through time to initial Euro- American settlement in the late 18th century when the mission system was established, disrupting native life ways. Nearly a century later, between 1875 and 1891, at least ten Indian reservations were set aside in Riverside County and nearby vicinities. Most indigenous tribal people natives were moved to these reservations, further disrupting and largely ending, the persistence of traditional Native American life ways. The historic era began around 1774 with the exploratory expeditions of Juan Bautista de Anza and continued to 45 years before the present day, (currently 1966) as defined by CEQA.

1. Prehistory

Riverside County environmental conditions during the late Pleistocene and Holocence periods fostered an ecologically rich region for human settlement. This 14,000-year period of human occupation was marked by an overall trend toward increasing aridity and warmer temperatures, with some temporary reversals as well as periods of climatic stability. As environmental conditions changed, Native American populations adapted with modifications in settlement patterns, subsistence practices, social organization and technology.

Three primary geomorphic provinces are found in Riverside County: the Mojave Desert, the Colorado Desert and the Peninsular Ranges. The diverse prehistoric landscape and habitats of the internally drained basins and pluvial (landlocked) lakes of the Mojave Desert region, the fresh water lakes of the Colorado Desert and the prominent ranges of the Peninsular Range were used by ancient and indigenous groups of people, leaving a rich archeological heritage. The following artifacts and features are characteristic of the Prehistoric Period: ceramics, projectile points of many types, grinding implements (mortars and pestles, metates and manos), enigmatic cogstones, shell, bone, clay beads and pendants, evidence of big game hunting. Additional background information on these types of artifacts may be found in Section 4.7 of EIR No. 441, the EIR associated with the 2003 RCIP General Plan. The EIR No. 441 section also contains an extensive introduction to the cultural timelines associated with the Prehistoric Period.

Due to the thousands of years spanned by the Prehistoric Period, the impermanence of many indigenous material goods and the widely scattered and varying itinerant patterns of settlement, the prehistoric archeological record tends to be less clearly defined and more sporadically preserved than that of later eras. Nevertheless, a large number of prehistoric resources are known or expected to occur within Riverside County. When uncovered as a result of an archeological investigation or development activities, such resources are, at minimum, documented and entered into a statewide recording system (CHRIS, the California Historical Resources Information System). These records are archived and maintained by the Eastern Information Center (EIC) located at the University of California at Riverside (UCR), a branch of the California Office of Historical Preservation. Of these recorded sites within Riverside County, a few have been designated as federal, state and/or county cultural resources as shown in Table 4.9-A (Cultural Resources of Riverside County), below. A number of sites, however, are protected in the confidential archives of the EIC and are not publicly accessible to protect and preserve their scientific and cultural value.

2. Ethnohistory

The Ethnohistoric Period of Riverside County at the time of Euro-American contact was distinguished by eight distinct resident cultural groups of Native Americans: Cahuilla (primarily), Gabrielino, Juaneño, Luiseño, Quechan, Halichidhoma, Chemehuevi and Serrano. These groups occupied territories across Southern California generally as indicated in Figure 4.9.1 (Southern California Tribal Territories). It should be noted that territorial boundaries did change for some tribal groups throughout time. The majority of western Riverside County was

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occupied by the Cahuilla who spoke a Cupan language within the Takic family of the Uto-Aztecan language stock. The western part of the county, in the vicinity of the Santa Ana Mountains fell within the territory of the Gabrielinos, Juaneños and Luiseños who also spoke Cupan languages. These three populations had territories that extended from the coast eastward and northeastward across the Santa Ana and Palomar mountains, encom- passing Temescal Valley and Lake Elsinore, and extending toward the foothills of the San Jacinto and Santa Rosa Mountains.

Table 4.9-A: Cultural Resources of Riverside County1 Cultural Resource NRHP1 CSHL CPHI RCHL Location Theme2 Prehistoric Period (Before 1772) 1 Andreas Canyons X Palm Springs, Riverside AG, A/L, 2 Archeological Sites X Blythe, Riverside ARC, A/L, IP (CA-RIV-504 and CA-RIV-773) 3 Blythe Intaglio X I-10 to Highway 95, 13 miles north of EV, IP Blythe 4 Buttercup Farms Pictograph X Perris, Riverside A/L, IP 5 Carved Rock X X I-15 to Temescal Canyon road, view NA, IP from road right of way 6 Coachella Valley Fish Traps X X I-10 to Chuckawalla Valley Road, south ARC, IP to Corn Springs Road, 8 miles to campground 7 Giant Desert Figures X On Highway 95, 16 miles North of NA, A/L Blythe 8 Gus Lederer Site X Desert Center, Riverside ARC, A/L, REL, IP 9 Hemet Maze Stone X X From Hwy 74, go N 3.2 miles on IP California Ave to Maze Stone Park (site located Approx. 0.3 mile past gate), near Hemet. 10 Indian Canyons X Take S. Palm Canyon from Hwy 11 to NA the Indian Canyons Toll Gate 11 McCoy Spring Archeological Site X Blythe, Riverside A/L, IP 12 Murrieta Creek Archeological Area X Temecula, Riverside IP 13 North Chuckwalla Mountain X Desert Center, Riverside IP Petroglyph District (CA-RIV 1383) 14 North Chuckwalla Mountain Quarry X Desert Center, Riverside IP Dist. 15 Painted Rock X X From Temescal Canyon Rd, east on NA, IP Dawson Canyon Road, south along railroad track berm 16 Site of Indian Village of Pochea X X Ramona Bowl, 27400 S Girard St, NA, IP Hemet; plaque near restrooms. 17 Tahquitz Canyon X 500 West Mesquite, Palm Springs IP, AG, REL Exploration Period (1772-1818) 18 Coachella Valley Preserve X I-10 to Ramon, east to Thousand E/S Palms Canyon Road, north to Thousand Palms Oasis 19 Site of De Anza Camp and Crossing X S/Terwilliger on Coyote Cyn. E/S 20 Site of De Anza Crossing of the Santa X X Jurupa Heights; plaque located E/S Ana River between clubhouse and #1 tee, Jurupa Hills Country Club Golf Course, 6161 Moraga Ave, Rubidoux. 21 Site of Indian Wells, Indian Wells X X 17 miles SE on SR111 W, E/S

1 Table 4.9-A was entirely revised based on updated Cultural Resource information available for the County

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Cultural Resource NRHP1 CSHL CPHI RCHL Location Theme2 Mission Period (1769-1833) 22 Dos Palmas X X S/SR 111, Parkside Dr exit W, E/S, T 23 Old Temescal Road X On Old Hwy 71, 0.9 mi S of I-15 junct E/S w/ Temescal Cyn Rd, 11 mi S of Corona 24 Serrano Boulder X From I-15, take Old Temescal Cyn Rd E/S S 0.4 mi to Lawson Rd, go W 0.2 mi. Follow remains of dirt rd (on E side of creek) So. 0.1 mi toward willow trees. 9 mi S of Corona 25 Serrano Tanning Vats X X NE corner of I-15 and Old Temescal E/I, NA Canyon Rd, 8 mi SE of Corona 26 The Original Palm Springs X X NE corner of Indian Avenue W,A/L,E/S Mexican / Rancho Period (1833-1848) 27 Bandini Adobe Site X X 1000 feet W of Hamner Ave., Norco E/S 28 Bandini-Cota Adobe X X Prado Flood Control Basin, Corona E/S 29 Mount Rubidoux X X 7th St. and Mt. Rubidoux Dr., Riv. E/S, REL 30 Rancho Santa Rosa X X X W/ Murrieta on Clinton-Keith Rd., E/S Murrieta 31 Site of Louis Rubidoux House X X X 5575 Mission Blvd, Riverside E/S 32 Site of Old Rubidoux Grist Mill X X X 5540 Molina Way, Rubidoux E/S 33 Trujillo Adobe X X W/I-215, N/Center, on Orange Ave., E/S Riverside Early California Period (1848 - 1869) 34 Blythe Ferry Crossing, Bradshaw Ferry X X I-10 to Rivera Drive, Blythe Marina W, T Crossing 35 Corn Springs X X X S/I-10 to Corn Springs Road, Desert NA, W, E/S Center 36 First Post Office, Temecula X X 28636 Front Street, Temecula GOV 37 Frink Ranch X X W/10, N/60 on Timoteo Canyon, near E/S, T El Casco 38 Jensen-Alvarado Ranch / Cornelius X X 4307 Briggs, Rubidoux ARC, E/S, EV and Mercedes Jensen Ranch 39 Pinacate Mining District, Pinicate X X I-215 to Highway 74 West to A Street E/I Orange Empire Railway Museum 40 Ruins of Third Serrano Adobe X S/E corner, I-15 and Temescal Cyn Rd E/S 41 Saahatapa X Brookside Rest Area, W-bound I-10, 3 E/S, NA mi W of junction of I-10 and Hwy 60 42 Site of Butterfield Stage Station X X 20730 Temescal Canyon Road, E/S, T Corona 43 Southern Hotel X 445 South D Street, Perris ARC, E/I 44 Temescal Tin Mines X X E/I-10, N/Cajalco, Corona E/I 45 Toro Village X X S/I-10, to end of Jackson, Indio NA, T, E/S 46 Weaver Adobe X X 10055 Avenida Miravilla, Banning E/S 47 Whitewater X X S/I-10, ½ mile E of SR 111, Banning E/S, T Early Statehood Period (1869 - 1919) 48 A Pedley-Type Dam X Banning Canyon via San Gorgonio E/I Ave., Banning 49 Administration Building, Sherman X 9010 Magnolia Ave, Riverside ARC,E/S, NA Institute 50 All Souls Universalists Church X 3657 Lemon St., Riverside REL 51 Amory Hall X 252 North Main Street, Lake Elsinore ARC, E/S 52 Arlington Library and Fire Hall X 9556 Magnolia Ave., Riverside ARC, EV 53 Armory Hall, Grand Army of the X X 252 N. Main Street, Lake Elsinore ARC, MIL Republic Building

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Cultural Resource NRHP1 CSHL CPHI RCHL Location Theme2 54 Banning Women’s Club X X 175 W. Hayes St., Banning E/S 55 Barker Dam X N/I-10, SR62, to Utah Trail W, E/S 56 Beaumont Carnegie Library X X 125 E Eighth Street, Beaumont ARC 57 Blythe Intake Site X X Intake service, US Hwy 95, 10.5 mi N W, E/I of Blythe at entrance to Palo Verde Diversion Dam 58 Camp Emerson X X 243 to West Canyon Dr, to McKinney E/S Lane 59 Carnegie Andrew Library X S/E corner of Main St and 8th St , Cor. ARC, EV 60 Chinatown X X X Brockton and Tequesquite, Riverside ETH 61 Citrus Experiment Station X X University of California, Riverside E/S, E/I 62 Citrus Machinery Pioneering X X Corner of Vine and Birtcher, Riverside E/I 63 Citrus State Historic Park X 9400 Dufferin Avenue, Riverside AG 64 Coachella Valley Water District X X Avenue 52 and SR111, Coachella W, E/I 65 Coplin House, Spokane Hotel, Plueger X X 12 S. San Gorgonio Ave., Banning E/S Reality 66 Corona High School X 815 W. 6th St, Corona ARC, EV 67 Cottonwood Oasis X X N/I-10, SR 62, to Utah Trail W, E/S 68 Cottonwood School X X 1 mi N of CR 3 and SR79, Sage E/S 69 Crescent Bath House X X X Corner of West Graham, Lake Els. ARC, A/L 70 Desert Inn X X NW Corner of Palm Canyon and A/L Tahquitz, Palm Springs 71 Desert Queen Mine X N/I-10, SR62, to Utah Trail E/I , EV 72 Elsinore's “Hottest” Sulphur Spring X X X Graham at Spring St., Lake Elsinore A/L 73 Estudillo Mansion X 150 S. Dillon, San Jacinto E/S, GOV 74 First Church of Christ, Scientist X 3606 Lemon St., Riverside ARC 75 First Congregational Church of X X X 3504 Mission Inn Ave., Riverside ARC Riverside 76 Garbani Rocco Homestead X 33555 Holland Rd., Winchester EV,ARC,E/S,IP 77 Gilman Ranch X X X N/10, E/22st,on Wilson St E/S, W, T, EV, IP, NA 78 Hall City and Hall’s Grade X X N slope of San Jacinto S/I-10 around E/I Cabazon 79 Hamilton School, First Little Red X X 56481 Cahuilla Road, Anza E/S School House 80 Harada House X 3356 Lemon St., Riverside ETH, EV, GOV 81 Hemet Dam and Lake Hemet X X 1 mile E of 243 and SR74, Hemet W, E/I 82 Hemet Depot/Hemet Museum, X X Highway 74 to State Street, northwest T, ARC Atchison, Topeka and Santa Fe corner Railroad Depot 83 Henderson/Reid Building X X N/E corner of San Gorgonio and E/S Livingstone, Banning 84 Heritage House X 8193 Magnolia Ave., Riverside ARC 85 Highgrove Hydroelectric Plant X X W/Iowa, S/Center, Electric and W E/I, W Spring, Riverside 86 Highland Springs X X N/10, 5 miles on Highland Springs T,A/L Ave., Banning 87 Idyllwild X X County Park Rd, 1 mile N of SR 243, A/L Idyllwild 88 John W. North Park, Seventh Street X X Mission Inn Ave at Vine St., Riv. GOV Historic District 89 Loring Building X 3685 Main Street ARC, GOV 90 Loring Opera House X X 3745 Seventh St, Riverside ARC, A/L 91 Lost Horse Mine X X N/I-10, SR62, to Utah Trail, within E/I Joshua Tree National Monument

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Cultural Resource NRHP1 CSHL CPHI RCHL Location Theme2 92 March Air Musuem X 22550 Van Buren Blvd T, GOV 93 March Field Historic District X* X X I-215 at Van Buren Blvd., Riverside MIL 94 Martinez Historic District, Martinez X X X S/SR111, W/Ave 66 to Martinez Rd, NA, E/S Indian Agency, Indian School Agency Thermal Office 95 Masonic Temple X 3650 Eleventh St., Riverside ARC 96 Mission Inn Hotel X X X X 3649 Mission Inn Ave. Riverside ARC, A/L 97 Noble’s Ranch X X Singleton Cyn. off San Timoteo Cyn. E/S 98 Old YWCA Building X 3225 7th Street, Riverside ARC, E/S 99 Palmdale Railroad Site, “A Railroad X X 248 E. Ramon Road, Palm Springs T, E/S that Failed” 100 Parent Washington Navel Orange X X X SW corner Magnolia Avenue, E/I, W/S Tree E/Arlington, Riverside 101 Perris Depot X 120 W. Fourth St., Perris ARC, E/S, T 102 Peter Weber House X X 1510 University Ave, Riverside ARC 103 Riverside Cement Company X X N/60, 1500 Rubidoux, Riverside E/I 104 Riverside County Courthouse X X 4050 Main Street, Riverside ARC, GOV 105 Riverside Federal Post Office X SE corner Orange Ave and 7th St., Riv. ARC, GOV 106 Riverside-Arlington Heights Fruit X 3397 7th Street, Riverside ARC, E/I Exchange 107 Ryan House and Lost Horse Well X X N/I-10, SR62, to Utah Trail, 29 Palms E/S,W,ARC 108 Saint Boniface Indian School X 14700 Manzanita Park Rd, Beaumont E/S 109 San Pedro, LA and Salt Lake Railroad X X 3751 Vine St., Riverside ARC, T Depot 110 San Timoteo Canyon Schoolhouse X X X W/10, N/60 on San Timoteo Cyn, NA, E/S Calimesa 111 Shaver's Well X X Box Canyon, 12 mi NE of Mecca W, E/I 112 Sutherland Fruit Company X X NE Corner 7th and Vine ARC, E/I 113 Temecula Old Town Historic District X Front St. between 1st and 6th. E/S 114 Temecula Quarries X X Monument at Front Street, in Sam E/I Hicks Park, Temecula 115 Thomas-Garner Ranch X X SR 74, across hwy from Lake Hemet E/S Store, Idyllwild 116 U.S. Experimental Date, Date Industry X X National Ave between Grand and E/I Birthplace Johnson, Mecca 117 Victoria Avenue X Myrtle Ave. SW 7 mi, at Boundary A/L Lane, Riverside 118 Wiley's Well X X N/I-10 at Wiley Well exit, Blythe W, E/I 119 William Childs House X 1151 Monte Vista Dr., Riverside ARC 120 Woman's Improvement Clubhouse X SE corner of Main and 10th, Corona ARC, E/S 121 Yerxa's Discovery (at Cabot’s Pueblo X X 67616 E Desert View, Desert Hot W, E/S Museum) Springs Post-WWI to War II Period (1920-1945) 122 Blythe Depot, Atchison, Topeka and X X I-10 to Lovekin Road, north to Rice T, E/I Santa Fe Railroad Depot Street, east to intersection with commercial street 123 Bogart House X X 545 Euclid Ave., Beaumont E/S, ARC 124 Camp Young Desert Training Center, X X 28 mi E of Indio, off I-10 N at Chiriaco MIL CAMA Summit. Second plaque 0.2 mi N of I- 10 on Cottonwood Springs, then 7/8 mi E on dirt road. 125 Corona Civic Center X 91 Freeway to Main Street ARC, GOV 126 Corona Theater X X NE corner Ramona and Sixth, Corona ARC, A/L 127 Eagle Mountain Iron X X 35 miles E of Indio next to Desert E/I Center Cafe

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Cultural Resource NRHP1 CSHL CPHI RCHL Location Theme2 128 El Mirador Hotel and Tower X X 1150 N Indian Avenue A/L 129 Elsinore Woman’s Club X 710 W Graham Avenye, Lake Elsinore ARC, A/L 130 Fox Theater X 3801 Mission Inn Avenue, Riverside ARC, A/L 131 Galleano Winery, Cantu Ranch X X X 4231 Wineville Road, Riverside ARC, E/I 132 Lake Norconian Club X Junct. of 5th and Western Ave, Norco EV, ARC, E/S 133 M.H. Simon Undertaking Chapel X SW corner of 11th and Orange, Riv. ARC 134 Martinez Canyon Rockhouse X BLM, Palm Springs South Coast ARC Resource Area, N Palm Springs 135 Mission Court Bungalows X On 1st and 2nd Streets, between Lime ARC and Lemon Ave.s, Riverside 136 Moorten Botanical Garden X 1701 S. Palm Canyon, Palm Springs AG, A/L 137 Old City Hall X 3612 Mission Inn Avenue, Riverside ARC, GOV 138 Old Moreno School X X 28780 Alessandro Blvd. E/S 139 Palm Canyon Theater* 538 N. Palm Canyon Drive, Palm A/L, EV Springs 140 Railway Depot X X 3750 Santa Fe Avenue, Riverside T 141 Ramona Bowl and Ramona Pageant X 27400 Ramona Bowl Rd., Hemet A/L 142 Riverside Municipal Auditorium and X 3485 7th St., Riverside ARC, A/L Soldier’s Memorial Building 143 Site of Contractor’s General Hospital X Next to post office, Ragsdale Road, E/I Desert Center 144 Smiley Place X X X 82616 Miles Ave, Riverside ARC 145 Soviet Transpolar Landing Site X X X On Cottonwood, 0.2 mi W past GOV intersection with Sanderson St., W of San Jacinto 146 Speed of Light Experiment X X Pine Cove Rd, N of SR 243, Idyllwild E/I 147 University Heights Jr. High School X 2060 University Ave., Riverside ARC 148 Valerie Jean Date Garden, Russell X X Avenue 66 and SR 86, Thermal E/I Nicoll Home, Ol’ King Solo Footnotes: 1. Key to Listing Source: NRHP: National Register of Historic Places CSHL: California State Historical Landmark CPHI: California Points of Historic Interest RCHL: Riverside County Historical Landmarks 2. Key to Themes: AG: Agriculture ETH: Ethnic NA: Native American A/L: Arts and Leisure EV: Event REL: Religion ARC: Architecture GOV: Government T: Transportation E/I: Economic/Industrial IP: Information Potential W: Water E/S: Exploration/Settlement MIL: Military Source: Riverside County, EIR No. 441, Section 4.7, 2003. California State Parks Office of Historic Preservation, Database and Guide to the Historic Landmarks of Riverside County, accessed October 2014.

The eastern part of Riverside County was strongly influenced by the presence of the Colorado River. Three indigenous cultures were present in this area at the time of Euro-American contact: the Halchidhoma, Quechan and Chemehuevi. The first two spoke languages belonging to the Colorado Branch of the Yuman family of the Hokan language stock. The Chemehuevi spoke a language belonging to the Numic family of the Uto-Aztecan language stock. Except for the Washo, Numic languages were the only ones spoken throughout the Great Basin at the time of Euro-American contact. Directly north of the Cahuilla, the Serrano occupied a large territory that encompassed much of San Bernardino County, edging southward into Riverside County. The Serrano spoke a language classified within the Serran group of the Takic family of the Uto-Aztecan language stock. See Section 4.7 of EIR No. 441 for further background on these ethnological groups and cultures.

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As with the Prehistoric Period, a large number of ethnohistorical resources are also known or expected to occur within Riverside County. When uncovered as a result of an archeological investigation, such resources are, at minimum, documented and entered into the statewide recording system maintained by the EIC. In many cases, when artifacts can be tied to a specific cultural group, such as a Tribe or Band, they may be returned to that tribe for final disposition, if they are not curated. Of the known ethnohistorical sites that occur within Riverside County, a few have been listed for special protections, as shown in Table 4.9-A and depicted in Figure 4.9.2 (Historical Resources). The locations of most sites, however, are not publicly available to protect them from disturbance and preserve their scientific and cultural values.

B. Historical Era

As generally defined and used in archeology, the advent of written documentation of events separates the Historic Era from the Prehistoric Period. In Riverside County, the Historic Era is generally said to begin around 1772, with the European exploration of the western coasts of North America. Key events associated with the Historic Era include: first European contact with Southern California (1772-1818); establishment and proliferation of the Spanish missions (1769-1833); Mexican overthrow of Spanish rule in 1821, followed by the Rancho Period as Mission control ceded to private land ownership; the Treaty of Guadalupe Hidalgo, which ended the Mexican- American War in 1848 and lead to California becoming a U.S. territory; the early Californian Period, around 1850 when California officially entered the Union as a free state; the growth period following statehood, increasing pace after the 1865 end of the U.S. Civil War; expansion, settlement and development, particularly of transportation, agriculture and water infrastructure from about 1870 to 1920, including incorporation of the County of Riverside on May 9, 1873; and an additional wave of growth, particularly suburban, following World War II. Again, see EIR No. 441’s Section 4.7 for additional details on the history of early California.

As with both the Prehistoric and Ethnohistoric Periods, a large number of cultural resources from the Historic Era are known or expected to occur within Riverside County. In general, the historical resources known to occur within Riverside County are better documented due to several variables that differ from the earlier eras. As settlement patterns became more and more fixed, systems of documentation became more regularized and increasingly preserved. Thus, there is a greater body of “historical record” from which historical resources may be ascertained, rediscovered and documented. Also, the modern era has seen the development of a greater ethos of preservation, in which a historical (or prehistorical) resource is recognized as having informational value in its own right. As a result, many more sites have been documented and preserved when identified. And, of course, many historic structures and sites dating from only the last century or so are extant (still standing), with many buildings still being used.

Starting in the 1930s, the preservation of historical (and prehistorical/archeological) resources became systemized through a number of state and federal regulations (as described below). Once a resource is “listed” pursuant to one of these regulations, it becomes subject to various levels of additional protection to help preserve the resource for the enjoyment and use of future generations. Thus, Table 4.9-A provides a catalog of the various cultural resources that have been listed within Riverside County. In many cases, the resource is located within a city.

Because of the vast size of Riverside County, Table 4.9-A only includes known listed sites/resources within the county recognized at the various level indicated and should not be considered exhaustive or exclusive. In particular, the potential exists for sites in the county to have previously unknown archeological and historical resources present either on the surface or below ground.

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1. Archeological Sensitivity

As mentioned above, it is expected that a large number of archeological and historical resources occur within Riverside County that are currently undiscovered or unknown. This is particularly true for resources that are located below the ground’s surface. For sub-surface resources, discovery most often only occurs if the site is disturbed, such as through archeological investigation, or as more commonly happens, when construction activities such as grading or trenching are initiated.

2. Paleontological Resources

Fossils, which are nonrenewable paleontological resources, are important for dating sedimentary rocks and thus determining the time of movement of faults against which those sediments lie. Eastern and western Riverside County have fossiliferous sediments that occur in various settings. In the western portion of Riverside County, fossils occur in sediments lying on the surface of crystalline bedrock or are deposited in or between the major fault zones. The eastern desert portions of Riverside County are marked by fault block mountains that contain older fossil-bearing sediments with younger fossil-containing deposits found around dry lakes, along high stands of the Salton Sea and in terraces left by the Colorado River. The geological eras represented by the fossil records found in Riverside County are briefly summarized as follows, and as shown in Table 4.9-B (Paleontological Resources by Age, Formation and Location), below.

C. Geological Layers

The oldest fossils in California are from the Proterozoic Age, dating to 900 million years ago. However, no fossils from this Age are currently known to occur in Riverside County. It is thought that in this portion of Southern California, fossils earlier than the Jurassic Period may have been destroyed by the natural processes of metamorphism (geological changes in the rocks and soils). The oldest fossils actually found in Riverside County date from the Late Jurassic Period (150 million years ago). By the Late Cretaceous Period, at the end of the Age of Dinosaurs, fossils found include ammonites, clams and giant oysters.

The Cenozoic Era, the Age of Mammals, is divided into the Tertiary Period (65 million years to 2 million years) and the Quaternary Period, which includes the Pleistocene (2 million years to 10 thousand years) and the Holocene (10,000 years ago to present). The Tertiary Period records depositional events where continental sediments mixed with marine sediments. These important fluctuations in sea level are recorded in the Elsinore Fault Zone in western Riverside County and in the Salton Trough in eastern Riverside County. Riverside County has yielded notable finds of large fossils from the Tertiary Period including whales, sharks, primitive elephants and oreodonts, camels and horses.

During the Quaternary Epoch, Riverside County was affected by increased Pleistocene rainfall which filled basins and fault zones and turned depressions into lakes. The influx of new sediment buried remains of large and small animals. Deposition of fossiliferous sediment occurred along the margins of the Salton Sea and along the Colorado River. The climate changed drastically ten thousand years ago from the end of the wet Pleistocene to the very dry Holocene. The record of changing plants and animals is preserved as mummified samples in the nests built by pack rats.

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D. Fossil Record

Riverside County has an extensive record of fossil life. Key resources known to occur in Riverside County are listed in Table 4.9-B, below. The record starts in Jurassic times, 150 million years ago, with diverse marine mollusks. The oldest Tertiary flora in Southern California is found east of Lake Elsinore and dates to around 60 million years ago. Fossils of 23 million-year-old oreodonts and camels, as well as camel tracks, were found in the Orocopia Mountains in central Riverside County.

Marine advances are recorded in Corona and the Salton Trough. Marine sandstones of the Imperial Formation in the Salton Trough are found as far northwest as Cabazon. Three million years ago, near the present Interstate 15/Highway 91 interchange, a white sand beach lapped at the edge of the Pacific Ocean. The subsequent Ice Ages left fossils of giant sloths, mammoths, camels and bison that were preyed upon by giant bear, American lion and sabercats.

Table 4.9-B: Paleontological Resources by Age, Formation and Location Western Riverside Central Riverside Eastern Riverside Era County County County Mesozoic Era: The Age of Dinosaurs Jurassic Period - The Bedford Canyon Formation in western Riverside County has been dated by a distinctive fauna of ammonites, 150 million years ago brachiopods and mollusks as Late Jurassic in age. Late Cretaceous The Ladd Formation contains Holz Shale which has yielded large ammonites and giant clams distinctive to that time period. Period - 75 million Dinosaurs have not yet been found in Riverside County, but are likely to occur in this unit, which encompasses the Santa years ago Ana Mountains. Hadrosaur bones from a duck bill dinosaur have been found in nearby Santiago Canyon in Orange County. Cenozoic Era: The Age of Mammals General Western Riverside County has a long The fossils in central Riverside The Tertiary record of eastern Riverside Tertiary record of marine advances and County are located on the County includes Eocene marine fossils retreats. The fossiliferous marine bedrock isthmus between and the earliest record of Miocene land sediments interfinger with sediments from troughs of marine advances in mammals in Riverside County. the continent which contain land western and eastern Riverside Deposition of late Miocene and early mammals. This record spans from 65 County. In part, the marine Pliocene marine sediments and their million years to 2 million years ago. advances were simultaneous fossils have separate histories in the San and only 40 miles apart. Jacinto and San Andreas Fault Zones and along the Colorado River. Paleocene Epoch- The Martinez Formation, marine and non- 65 to 55 million years marine siltstone, sandstone and coal north ago of Lake Elsinore, contains Riverside County’s oldest known fossil flora. The Silverado Formation in southwestern Riverside County and Temescal Canyon consists of non-marine silty sands that grade upward into marine sediments containing diverse molluscan fauna. Eocene Epoch - The Santiago Formation crops out in The Orocopia Mountains contain marine 55 to 34 million years Santa Ana Canyon. The marine and non- clams, snails and foraminifera. The ago marine sandstone contains abundant Andreas Fault has caused these marine mollusks. sediments to move 200 miles away from their counterparts in the Tejon Pass. Sources: County of Riverside, EIR No. 441, Section 4.7, 2003. Bortugno, E.J., and Spittler, T.E., Geologic Map of the San Bernardino Quadrangle: California Division of Mines and Geology, Regional Geologic Map Series, Map No. 3A, Scale 1:250,000, 1986.

1. Paleontological Sensitivity

Figure 4.9.3 (Paleontological Sensitivity) identifies the sensitivity of lands within Riverside County in relation to the potential for finding paleontological resources. The Paleontological Sensitivity map classifies lands into the

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categories below. It should be noted that the map does not substitute for site-specific investigations, as deemed necessary.

a. Low Potential

Lands for which previous field surveys and documentation demonstrate as having a low potential for containing significant paleontological resources subject to adverse impacts. The mapping of low potential was determined based on actual documentation and was not generalized to cover all areas of a particular rock unit on a geologic map.

It must be noted that surface geology, such as soils, are not always indicative of subsurface geology or the potential for paleontological resources. For instance, an area mapped as soil type “Qal” may actually be a thin surficial layer of non-fossiliferous sediments which covers fossil-rich Pleistocene sediments. Also, an area mapped as granite may be covered by a Pleistocene soil horizon that contains fossils. Thus, actual sensitivity must be ultimately determined by both a records search and a field inspection by a paleontologist.

b. Undetermined Potential

Areas underlain by sedimentary rocks for which literature or unpublished studies are not available have undetermined potential for containing significant paleontological resources. These areas need to be inspected by a qualified vertebrate paleontologist before a specific determination of high potential or low potential can be assigned.

c. High Potential

Sedimentary rock units with high potential for containing significant non-renewable paleontological resources include rock units in which vertebrate or significant invertebrate fossils have been found or determined likely to be present. These units include, but are not limited to, sedimentary formations which contain significant nonrenewable paleontological resources anywhere within their geographical extent and sedimentary rock units temporally or lithologically suitable for the preservation of fossils. High sensitivity includes not only the potential for yielding abundant vertebrate fossils, but also for production of a few significant fossils that may provide new and significant data. High sensitivity areas are mapped as either “High A” or “High B,” according to the following criteria:

High Sensitivity A: High A is based on geologic formations or mapped rock units that are known to contain or have the correct age and depositional conditions to contain significant paleontological resources. These include rocks of Silurian or Devonian age and younger that have potential to contain remains of fossil fish, and Mesozoic and Cenozoic rocks that contain fossilized body elements and trace fossils such as tracks, nests and eggs.

High Sensitivity B: High B is a sensitivity equivalent to High A, but is based on the occurrence of fossils at a specified depth below the surface. This category indicates fossils that are likely to be encountered at or below 4 feet of depth and may be impacted during construction activities.

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County of Riverside Environmental Impact Report No. 521 4.9-12 Public Review Draft § February 2015 Tabtulabal Salinan Kawalisu Southern NEVADA Valley Yokuts Southern Paiutes

Kitanemuk

Chumash

Serrano Tataviam Chemehuev Mojave

Gabrieliño

Halchidhoma ARIZONA

PACIFIC OCEAN Cahuilla

Juaneño

Luiseño

Cupeño

Quechan

Kumeyaay

Mexico

Data Source: Pacific West Traders, Tribal Areas of California Map (2006)

Cahuilla Gabrieliño Kumeyaay Serrano Riverside County

Chemehuev Halchidhoma Luiseño Southern Paiutes

Chumash Juaneño Mojave Southern Valley Yokuts

Cupeño Kawalisu Quechan Tabtulabal

Foothill Yokuts Kitanemuk Salinan Tataviam Figure 4.9.1

Disclaimer: Maps and data are to be used for reference purposes only. Map features are December 16, 2013 approximate, and are not necessarily accurate to surveying or engineering standards. The SOUTHERN CALIFORNIA County of Riverside makes no warranty or guarantee as to the content (the source is often third [ party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with TRADITIONAL TRIBAL AREAS Miles respect to accuracy and precision shall be the sole responsibility of the user. 0 25 50 Path: \\agency\tlmagis\Projects\Planning\CindysPurpleMapGallery\Fig4.9.1-TribalLands.mxd

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County of Riverside Environmental Impact Report No. 521 4.9-14 Public Review Draft § February 2015 LOS ANGELES COUNTY

SAN BERNARDINO COUNTY

Ä62 80 33 107 15 22 CALIMESA 62 16 49 JURUPA 35 15 VALLEY BANNING DESERT HOT EASTVALE 98 ¦¨§ 215 61 24 76 SPRINGS 85 75 ¦¨§ 70 87 108 30 99 42 62 NORCO 94 Ä 65 32 Ä60 120 54 9 60 RIVERSIDE MORENO 21 34 29 VALLEY 10 10 66 89 79 ¦¨§ 55 102 Ä91 112 Ä79 121 43 103 Ä 111 6 26 Ä CORONA 97 BEAUMONT 177 44 ÄÄ 95 106 ¤£ 215 SAN 73 ¦¨§ JACINTO 48 5 25 Ä243 7 77 116 117 CATHEDRAL 23 51 37 CITY 8 PERRIS RANCHO PALM 45 74 MIRAGE DESERT LAKE INDIO 15 Ä74 HEMET 59 113 3 105 ¦¨§ ELSINORE Ä 63 36 27 MENIFEE INDIAN 115 18 84 41 101 93 WELLS 104 COACHELLA 58 PALM 50 LA QUINTA 10 215 SPRINGS ¦¨§ WILDOMAR ¦¨§ 88 Ä74 BLYTHE ORANGE Ä 17 COUNTY Ä74 19 28 100 MURRIETA 119 67 47

13 96 4 ÄÄ371 Ä111 92 110 Ä86S Ä78 20 46 91 TEMECULA 56 SALTON Ä79 2 SEA ¦¨§15 Ä86

LA PAZ COUNTY, AZ

SAN DIEGO COUNTY IMPERIAL COUNTY D V PACIFICL B OCEANX Ä60 U O M MAIN ST ID 11 A B R U K R LAKE E EVANS T AVE IOWA S T FAIRMOUNT Exploration Period (1772-1818) MISSION BLVD LAKE 1 Anza crossing of Santa Ana River 23 Pinacate Mining District 48 Desert Inn 73 Palmdale Railroad Site 98 Yerxa's Discovery 1ST ST 2 Anza Camp and Crossing 24 SAAHATAPA 49 Desert Queen Mine 74 Palo Verde Diversion Dam 99 Beaumont Carnegie Library Data Source: Riverside County (2011) 3 Indian Wells 25 Southern Hotel 50 Elsinore's Hottest Sulphur Spring 75 Parent Navel Orange Tree 53 82 57 Post WWI to WWII Period (1920-1945) Ä91 Mission Period (1769-1833) 26 Temescal Tin Mines 51 Estudillo Mansion 76 Pedley-Type Dam 100 Blythe Depot 68 4 Dos Palmas 27 Third Serrano Adobe 52 First Church of Christ 77 Perris Depot 101 Site of Contractor's Hospital 12 81 69 5 Old Temescal Road 28 Toro Village 53 First Congregational Church of Riverside 78 Peter Weber House 102 Corona Founders Monument 111 Exploration Highways 6 The Original Palm Springs 29 Whitewater 54 Gilman Ranch 79 Henderson/Reid Building 103 Corona Theater 52 72 7 Serrano Boulder Early Statehood (1869-1919) 55 Hall City & Grade 80 Riverside Cement Co 104 Desert Training Center 86 114 109 71 8 Serrano Tanning Vats 30 Administration Building, Sherman Institute 56 Hamilton School 81 Riverside County Courthouse 105 Eagle Mountain Iron CHICAGO AVE CHICAGO 215 90 ¨¦§ Mission Area Plan Boundary Mexican/Rancho Period (1833-1848) 31 All Souls Universalists Church 57 Harada House 82 Federal Post Office 106 El Mirador Hotel and Tower 14 118 83 9 Bandini-Cota Adobe 32 Arlington Library and Fire Hall 58 Hemet Dam & Lake Hemet 83 Riverside-Arlington heights Fruit Exchange 107 Galleano Winery 10 Bandini Adobe Site 33 Armory Hall 59 Hemet Depot 84 Garbani Rocco Homestead 108 Lake Norconian Club 78 64 Mexican/Rancho City Boundary 11 Louis Rubidoux House 34 Banning Woman's Club 60 Heritage House 85 Ryan House & Lost Horse Well 109 M.H. Simon Undertaking Chapel 14TH ST 12 Mt Roubidoux 35 Barker Dam 61 Highgrove Hydroelectric Plant 86 San Pedro, LA and Salt Lake Railroad Depot 110 Martinez Canyon Rockhouse 38 13 Rancho Santa Rosa 36 Blythe Intake 62 Highland Springs 87 San Timoteo Canyon Schoolhouse 111 Mission Court Bungalows 31 40 MARTIN LUTHER KING BLVD Early Californian Waterbodies 14 Rubidoux Grist Mill 37 Camp Emerson 63 Idyllwild 88 Shaver's Well 112 Old Moreno School 15 Trujillo Adobe 38 Chinatown 64 Loring Opera House 89 St Boniface School 113 Ramona Bowl Early Statehood Early Californian Period (1848-1869) 39 Citrus Experiment Station 65 Lost Horse Mine 90 Sutherland Fruit Company 114 Riverside Municipal Auditorium and Soldier's Memorial Building 16 Weaver Adobe 40 Citrus Machinery Pioneering 66 March Field Historic District 91 Temecula Old Town Historic District 115 Smiley Place J OLIVEWOOD AVE 95 URUPA AVE MAGNOLIA AVE 17 Bradshaw Ferry Crossing 41 Coachella Valley Water District 67 Martinez Historic District 92 Temecula Quarries 116 Soviet Transpolar Landing Site Post WWI to WWII 18 Butterfield Stage Station 42 Coplin House 68 Masonic Temple 93 Thomas-Garner Ranch 117 Speed of Light Experiment 19 Corn Springs 43 Carnegie Andrew Library 69 Mission Inn 94 Victoria Avenue 118 University Heights Jr. High School CENTRAL AVE 20 First Post Office, Temecula 44 Corona High School 70 Nobles Ranch 95 William Childs House 119 Valerie Jean Date Garden 21 Frink Ranch 45 Cottonwood Oasis 71 North Park 96 Wiley's Well 120 Bogart House 22 Jensen Alvarado Ranch 46 Cottonwood School 72 Old YWCA Building 97 Woman's Improvement Club 121 Old Banning High School Figure 4.9.2 47 Date Industry Birthplace

Disclaimer: Maps and data are to be used for reference purposes only. Map features are December 16, 2013 approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third [ party), accuracy, timeliness, or completeness of any of the data provided, and assumes no HISTORICAL RESOURCES legal responsibility for the information contained on this map. Any use of this product with Miles respect to accuracy and precision shall be the sole responsibility of the user. 0 10 20 \\agency\tlmagis\Projects\Planning\Safety_Element\Airports.mxd

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County of Riverside Environmental Impact Report No. 521 4.9-16 Public Review Draft § February 2015 LOS ANGELES COUNTY

SAN BERNARDINO COUNTY

Ä62

Ä60 ¨§15 ¦ ¦¨§215 Ä60 Ä62 Ä91 Ä79 Ä111 Ä177 Ä ¤£95

Ä243 ¦¨§10 ¦¨§15 Ä74 Ä74

10 215 § Ä74 ¦¨§ ¦¨ ORANGE COUNTY Ä79 Ä74

ÄÄ371 Ä111 Ä86S Ä78 SALTON Ä79 SEA ¦¨§15 Ä86 LA PAZ COUNTY, AZ

SAN DIEGO COUNTY IMPERIAL COUNTY PACIFIC OCEAN

Data Source: LSA Associates (1999)

High A (Ha) Highways

High B (Hb) Waterbodies

Low

Undetermined Figure 4.9.3

Disclaimer: Maps and data are to be used for reference purposes only. Map features are December 16, 2013 approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third [ party), accuracy, timeliness, or completeness of any of the data provided, and assumes no PALEONTOLOGICAL SENSITIVITY legal responsibility for the information contained on this map. Any use of this product with Miles respect to accuracy and precision shall be the sole responsibility of the user. 0 10 20 \\agency\tlmagis\Projects\Planning\SafetyElement\Subsidance.mxd

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County of Riverside Environmental Impact Report No. 521 4.9-18 Public Review Draft § February 2015

4.9.3 Policies and Regulations Addressing Cultural and Paleontological Resources

Existing cultural resources, including historical and archeological, and paleontological resources within Riverside County are protected through a wide variety of policies and regulations. The following existing federal and state policies and regulations are intended to ensure the preservation of cultural, historical and archeological resources in Riverside County:

Historic properties can consist of prehistoric or historic archeological resources. The National Register of Historic Places defines an archeological site as “the place or places where the remnants of a past culture survive in a physical context that allows for the interpretation of these remains.” As outlined below, historic properties and resources are protected under a wide variety of policies and regulations. Additionally, cultural and paleontological resources are recognized as a non-renewable resource and require further analysis and mitigating protection under CEQA. There are also a number of laws and regulations designed to protect Native American interests in cultural resources, particularly human remains and associated funerary objects, which receive additional protection under Public Resources Code (PRC) Section 5097.98. The various state and federal regulations that deal with cultural and paleontological resources include the following:

A. Federal Regulations

National Historic Preservation Act: The National Historic Preservation Act (NHPA) was passed in 1966 and is codified in Title 16, Section 470 et seq. of the U.S. Code (USC). The goal of the Act is to ensure federal agencies act as responsible stewards of our nation's resources when their actions affect historic properties. Among the regulations of the NHPA, Section 106 requires federal agencies to take into account the effects of their undertakings on historic properties and afford the Advisory Council on Historic Properties (ACHP) a reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP. See Title 36 Code of Federal Regulations (CFR) Part 800, “Protection of Historic Properties.”

Section 106 applies when two thresholds are met: 1) there is a federal or federally-licensed action, including grants, licenses and permits, and 2) that action has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places. Section 106 requires each federal agency to identify and assess the effects of its actions on historic resources. The responsible federal agency must consult with appropriate state and local officials, Indian Tribes, applicants for federal assistance and members of the public, and consider their views and concerns about historic preservation issues when making final project decisions. The agency should also plan to involve the public and identify any other potential consulting parties. If the agency determines that it has no undertaking or that its undertaking is a type of activity that has no potential to affect historic properties, the agency has no further Section 106 obligations.

Pursuant to Section 106, impacts to a cultural site or artifact must be declared “significant,” “potentially significant” or “not significant.” Under NHPA regulations, impacts to “significant” archeological sites must be mitigated for, while “not significant” archeological remains need not. A “potentially significant” determination is utilized when there is not enough information to make a conclusive ruling. NHPA mitigation would not be necessary for archeological sites avoided during development.

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National Register of Historic Places (NRHP): Developed in 1981 pursuant to Title 36 CFR Section 60, the NRHP provides an authoritative guide to be used by federal, state and local governments, private groups and citizens to identify the nation’s cultural resources and to indicate what properties should be considered for protection from destruction or impairment. It should be noted that the listing of a private property on the NRHP does not prohibit any actions which may otherwise be taken by the property owner with respect to the property. The listing of sites in California to the National Register is initiated through an application submitted to the State Office of Historical Preservation. Applications deemed suitable for potential consideration are handled by the State Historic Preservation Officer. All NRHP listings for sites in California are also automatically added to the California Register of Historical Resources by the State of California. The listing of a site on the NRHP does not generally result in any specific physical protection. Among other things, however, it does create an additional level of CEQA (and NEPA, the National Environmental Protection Act) review to be satisfied prior to the approval of any discretionary action occurring that might adversely affect the resource.

National Historic Landmarks Program: The National Historic Landmarks Program, developed in 1982 and as authorized by the Historic Site Act, identifies and designates National Historic Landmarks (NHLs) to “encourage the long-range preservation of nationally-significant properties that illustrate or commemorate the history and prehistory of the U.S.” The program is administered by the Department of the Interior pursuant to 36 CFR Section 65.5. Unlike any of the other state or federal registries, sites listed on the NHL are explicitly preserved and protected from harm under federal law.

American Indian Religious Freedom Act: This Act became law in 1978 (Public Law 95-341, 42 USC 1996 and 1996a) in order to protect and preserve for American Indians their inherent right of freedom to believe, express and exercise their traditional religions. These religious rights extend to, but are not limited to, access to sites, use and possession of sacred objects and the freedom to worship through ceremonials and traditional rites.

Under this regulation, federal agencies and departments are charged with evaluating their policies and procedures in consultation with native traditional religious leaders in order to eliminate interference with the free exercise of native religion. Agencies must determine and make appropriate changes necessary to protect and preserve Native American religious cultural rights and practices, and to accommodate access to and use of religious sites “to the extent that the use is practicable and not inconsistent with an agency’s essential functions.” The intent is to protect Native Americans’ First Amendment right to “free exercise” of religion.

Native American Graves Protection and Repatriation Act (NAGPRA): Enacted in 1990 under Title 25 USC Section 3001, NAGPRA describes the rights of Native American lineal descendants, Indian Tribes and Native Hawaiian organizations with respect to treatment, repatriation and disposition of Native American cultural items for which they can show a relationship of lineal descent or cultural affiliation. The statute also requires federal agencies and museums receiving federal funds to inventory holdings of Native American human remains and funerary objects and provide written summaries of other cultural items. In an attempt to recognize the religious and cultural significance of such sites and to protect their sacred integrity, it also provides for greater protection of Native American burial sites and more careful control over the removal of Native American human remains, funerary objects, sacred objects and items of cultural patrimony on federal and tribal lands.

Federal Antiquities Act: The federal Antiquities Act of 1906 was enacted with the primary goal of protecting cultural resources in the United States. As such, it explicitly prohibits appropriation, excavation, injury and destruction of “any historic or prehistoric ruin or monument, or any object of antiquity” located on lands owned or controlled by the federal government without permission of the Secretary of the federal department with jurisdiction. It also establishes criminal penalties, including fines and/or imprisonment, for these acts. Neither the Antiquities Act itself nor its implementing regulations (Title 43, CFR Part 3) specifically mentions paleontological resources. However, several federal agencies – including the National Park Service, the Bureau of

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Land Management and the U.S. Forest Service – have interpreted objects of antiquity as including fossils. Consequently, the Antiquities Act also represents an early cornerstone for efforts to protect the nation’s paleontological resources.

Paleontological Resources Preservation Act: The federal Paleontological Resources Preservation Act of 2002 (PRPA) was specifically intended to codify the generally accepted practice of limiting collection on public (federal) land of vertebrate fossils and other rare and scientifically significant fossils to qualified researchers who obtain a permit from the appropriate state or federal agency and agree to donate any materials recovered to recognized public institutions where they will remain accessible to the public and to other researchers.

Actions by the U.S. Army Corps of Engineers: Appendix C of Title 33 CFR Section 325 establishes procedures to be followed by the U.S. Army Corps of Engineers (ACOE) to fulfill the requirements of the National Historic Preservation Act (NHPA), as well as other applicable historic preservation laws and Presidential directives related to historic resources potentially affected by ACOE actions (including issuance of permits pursuant to the federal Clean Water Act [CWA]). It specifies that when a project’s authorization requires a federal action (for example, issuance of permit pursuant to Section 404 of the CWA), the project must comply with the requirements of Section 106 of the NHPA.

B. State Regulations and Protection Programs

California Administrative Code, Title 14, Section 4308 4307: This section states that “No person shall remove, injure, deface or destroy any object of paleontological, archeological or historical interest or value.”

California Code of Regulations (CCR): In addition, CCR Title 14 Section 1427 recognizes that “California’s archeological resources are endangered by urban development and population growth and by natural forces.” Accordingly, the State Legislature finds that “these resources need to be preserved in order to illuminate and increase public knowledge concerning the historic and prehistoric past of California.” Lastly, it states that any person “not the owner thereof, who willfully injures, disfigures, defaces or destroys any object or thing of archeological or historical interest or value, whether situated on private lands or within any public park or place, is guilty of a misdemeanor.” The code also specifies that it is a misdemeanor to “alter any archeological evidence found in any cave or to remove any materials from a cave.” (See also, Sections 6221/2 and 623 of the California Penal Code.)

California Register of Historic Resources: The State’s Office of Historic Preservation (OHP) manages and oversees the California Register of Historic Resources (CRHR), which is intended to serve as “an authoritative guide to the state’s significant historical and archeological resources.” As outlined in PRC Section 5020 et seq., resources listed must meet one of four “significance criteria” related to events, people, construction/artistic value or information. Sites must also retain sufficient integrity to convey their significance. The CRHR includes a number of types resources, including: all properties listed in or determined formally eligible for listing in the NRHP; all California Historical Landmarks from #770 onward; specific California Historical Landmarks issued prior to #770 and certain California Points of Historical Interest, as deemed appropriate for listing by the California Historic Resources Commission; and, any properties nominated per OHP regulations. California Historical Landmarks are intended to recognize resources of statewide significance. Points of Historical Interest recognize resources of local or countywide significance. And lastly, as mentioned above, all NRHR listings within California are automatically added to the CRHR. The listing of a site on a California State register does not generally result in any specific physical protection. Among other things, however, it does create an additional level of CEQA review to be satisfied prior to any discretionary action occurring that might adversely affect the resource.

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Traditional Tribal Cultural Places Act (Senate Bill 18): Senate Bill 18 (SB 18) enacted in 2004 requires local governments to consult with Native American groups at the earliest point in the local government land use planning process for General Plan Amendments, Specific Plans and Specific Plan Amendments. The consultation is intended to establish a meaningful dialogue regarding potential means to preserve Native American places of prehistoric, archeological, cultural, spiritual and ceremonial importance. It also establishes a means for Tribes to hold conservation easements and for tribal cultural places to be included in open space planning.

Regulation of Cultural Resources Pursuant to the Public Resources Code: Section 5097 of the California Public Resources Code (PRC) outlines the requirements for cultural resource analysis prior to the commencement of any construction project on state lands. It further specifies that the unauthorized disturbance or removal of archeological, historical or paleontological resources located on public lands (including those owned by counties, cities, etc.) is a misdemeanor. It also prohibits the knowing destruction of objects of antiquity without a permit (i.e., expressed permission) on public lands and provides for criminal sanctions for violators. The section was amended in 1987 to require consultation with the California Native American Heritage Commission whenever Native American graves are found. It also establishes that violations for taking or possessing remains or artifacts are felonies.

PRC Sections 5097.9 through 5097.991 establish that no public agency or private party using or occupying public property (or operating on under a public license, permit, grant, lease or contract made after July 1, 1977) shall in any manner interfere with the free expression or exercise of Native American religion as provided in the U.S. Constitution and the California Constitution. It also prohibits such agencies and parties from causing severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site or sacred shrine located on public property, except on a clear and convincing showing that the public interest and necessity so require it.

These sections also establish the state’s Native American Heritage Commission (NAHC). The NAHC is tasked with working to ensure the preservation and protection of Native American human remains, associated grave goods and cultural resources. Towards this end, the NAHC has a strategic plan for assisting the public, development communities, local and federal agencies, educational institutions and California Native Americans to better understand problems relating to the protection and preservation of cultural resources and to serve as a tool to resolve these problems. In 2006, PRC Sections 5097.91 and 5097.98 were amended by State Assembly Bill 2641 to authorize the NAHC to bring legal action when necessary to prevent damage to Native American burial grounds or places of worship. It also established more specific procedures to be implemented in the event that Native American remains are discovered.

California Public Resources Code Related to Paleontological Resources: Several sections of the California Public Resources Code protect paleontological resources. Section 5097.5 prohibits “knowing and willful” excavation, removal, destruction, injury and defacement of any paleontological feature on public lands (lands under state, county, city, district or public authority jurisdiction, or the jurisdiction of a public corporation), except where the agency with jurisdiction has granted express permission. Section 30244 requires reasonable mitigation for impacts on paleontological resources that occur as a result of development on public lands. The California Administrative Code Sections 4307-4309, relating to the State Division of Beaches and Parks, afford protection to geologic features and “paleontological materials,” but grant the director of the state park system authority to issue permits for specific activities that may result in damage to such resources, if the activities are for state park purposes and in the interest of the state park system.

California Government Codes Addressing Native American Heritage: Section 6254(r) of the Government Codes exempts from disclosure public records of Native American graves, cemeteries and sacred places maintained by the NAHC. Pursuant to SB 18, GC Section 65351 specifies how local planning agencies should

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provide opportunities for involvement of California Native American tribes to consult on the preparation or amendment of general plans. In particular, GC Section 65352 requires local planning agencies to refer proposed actions of general plan adoption or amendment to California Native American tribes on the contact list maintained by the NAHC and others, with a 45-day opportunity for comments.

In regards to historical properties, GC Section 25373 and 37361 allows city and county legislative bodies to acquire property for the preservation or development of a historical landmark. It also allows local legislative bodies to enact ordinances to provide special conditions or regulations for the protection or enhancement of places or objects of special historical or aesthetic interest or values. Lastly, GC Sections 50280-50290 implement the Mills Act which allows the negotiation of historical property contracts between a private property owner of a “qualified historical property” and provides additional guidelines for such contracts.

State Health and Safety Code: The Healthy and Safety Code (HSC) Section 7050.5(b) requires that excavation on a project site cease “in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery” until the coroner can determine regarding the circumstances, manner and cause of any death. The coroner is then required to make recommendations concerning the treatment and disposition of the human remains. Further, this section of the code makes it a misdemeanor to intentionally disturb, mutilate or remove interred human remains. Section 7051 specifies that the removal of human remains from “internment or a place of storage while awaiting internment” with the intent to sell them or to dissect them with “malice or wantonness” is a public offense punishable by imprisonment in a state prison. Lastly, HSC Sections 8010-8011 establish the California Native American Graves Protection and Repatriation Act consistent with the federal law addressing the same. The Act stresses that “all California Indian human remains and cultural items are to be treated with dignity and respect.” It encourages voluntary disclosure and return of remains and cultural items by publicly funded agencies and museums in California. It also outlines the need for aiding California Indian tribes, including non-federally recognized tribes, in filing repatriation claims.

C. California Environmental Quality Act (CEQA) Directives

In many cases, CEQA provides fairly wide latitude for a Lead Agency to determine environmental impacts and their level of significance. For historical resources, however, CEQA includes explicit standards in several areas. This includes determining when a resource is “historically significant” or “unique,” as well as when an impact to such resource is significant. The result is a series of steps that are applied to the consideration of cultural resources.

First, it must be determined whether an “historic resource” is present. Secondly, it must be determined if the project would cause a “substantial adverse change” in the significance of an historical resource. Additionally, sites not qualifying as an historic resource could be found to be a “unique archeological resource,” which are also afforded protection. These terms are defined in the State CEQA Guidelines, as noted below. If an archeological resource is neither a “unique archeological resource” nor an “historic resource,” then affects to it are not considered significant under CEQA.

1. Definition of “Historical Resources”

Under CCR Section 15064.5(a) an “historical resource” is defined as including the following:

(1) A resource listed in, or determined to be eligible by the State Historical Resources Commission for listing in, the California Register of Historical Resources.

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(2) A resource included in a local register of historical resources, as defined in PRC Section 5020.1(k) or identified as significant in an historical resource survey meeting the requirements of PRC Section 5024.1(g) shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant.

(3) Any object, building, structure, site, area, place, record or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California may be considered to be an historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historic Places, including the following:

i. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;

ii. Is associated with the lives of persons important in our past;

iii. Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or

iv. Has yielded, or may be likely to yield, information important in prehistory or history.

2. Definition of “Substantial Adverse Change”

CCR Section 15064.5(b) defines a “substantial adverse change” as meaning the “physical demolition, destruction, relocation or alteration of the resource or its immediate surroundings” such that the significance of the historical resource would be “material impaired.” This term is further defined as being when a project, “demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that” does any of the following:

(1) Conveys its historical significance and justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources.

(2) Accounts for its inclusion in a local register of historical resources pursuant to PRC Section 5020.1(k) or its identification in an historical resources survey meeting the requirements of PRC Section 5024.1(g), unless the public agency reviewing the effects of the project established by a preponderance of evidence that the resource is not historically or culturally significant.

(3) Conveys its historical significance and justifies its eligibility for inclusion in the California Register of Historical Resources, as determined by a lead agency for the purposes of CEQA.

3. Definition of “Unique Archeological Resource”

PRC Section 21083.2(g) defines this as “an archeological 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:

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(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.”

Accordingly, CEQA Section 21083.2 specifies that if a project will cause damage to a unique archeological resource, the lead agency may “require reasonable efforts to be made to permit any or all of these resources to be preserved in place or left in an undisturbed state.” “Preservation in place” is when the relationship between artifacts and the archeological context of the site is kept intact. This can be accomplished by avoiding construction on the archeological site; incorporating a park, greenspace or other open space around or over the site; and deeding the resource site into a permanent conservation easement. Other forms of conservation are to be considered as well.

Section 15064.5(c) of the State CEQA Guidelines also establishes that if “maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction” of the historical resource is conducted “in a manner consistent with” the [U.S.] Secretary of the Interior’s Standards for the Treatment of Historic Properties (Weeks and Grimmer, 1995), then the project’s impact on the historical resource “shall generally be considered mitigated to below a level of significance.”

Lastly, CCR Section 15126.4(b) specifies that when “data recovery through excavation is the only feasible mitigation,” a data recovery plan shall be prepared and adopted prior to any excavation being undertaken. The data recovery plan is designed to provide for adequately recovering the scientifically consequential information from and about the historical resource using current industry standards in archeological methods. In Riverside County, the resultant study is deposited with the Eastern Information Center at UCR. Any human remains recovered shall be treated in accordance with the provisions of [HSC] Section 7050.5.

In terms of specific mitigation for archeological resources, PRC Section 21083.2 also specifies a variety of financial standards for funding such measures and limits the amount that can be required to be spent. In some cases, such as for significant historic resources, these limits do not apply.

D. County Ordinances, Regulations and Programs

1. Ordinance No. 578 - Establishment of Historic Preservation Districts

This ordinance is intended to facilitate the preservation of areas deemed historically important to the County of Riverside. The ordinance specifies that a Historic Preservation District may be established if the Riverside County Board of Supervisors adopts a resolution that includes the boundaries of the Historic Preservation District and finds that the proposed Historic Preservation District is in conformity with the Cultural and Paleontological section of the Multipurpose Open Space Element of the Riverside County General Plan. It must also find that, for the county, state or nation: the area exemplifies or reflects significant aspects of the cultural, political, economic or social history; the area is identified with historic personages or with important events in history; or, that the area embodies the distinguishing characteristics of a significant architectural period which is inherently valuable for the study of architecture unique to the history of the county, state or nation.

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Under this ordinance, no building or structure within the boundaries of an adopted Historic Preservation District can be constructed or altered, except in strict compliance with the plans approved in conjunction with the issuance of a Historic District Alteration Permit by the Riverside County Planning Director. The ordinance also outlines how such certificates are to be reviewed and processed in order to preserve the “historical significance and related construction theme” of the Historic District.

2. Riverside County Historic Preservation Commission

The Riverside County Historical Commission was established in 2005 to advise the Board of Supervisors on historical preservation matters. It is tasked with working to discover and identify persons, events and places of historical importance within Riverside County, and to make recommendations relating to the preservation of appropriate historic sites and structures. To accomplish this, the Commission established criteria and procedures to identify and recognize historic landmarks in Riverside County. These criteria should be used when reviewing a potentially historically or culturally significant site that could be affected by the proposed development. Such resources are noted in the countywide list provided in Table 4.9-A.

3. Riverside County Planning Department Procedures

The Riverside County Archeologist reviews all proposed land use projects subject to CEQA and not otherwise deemed categorically exempt. The Riverside County Archeologist reviews various internal databases for information that might pertain to the age of any buildings found on site, grading permits, ground disturbance activities and building permits. Where buildings are 45 years or older, the project applicant is required to perform an architectural history evaluation to assess potential historic value as part of a Phase I Cultural Resources study. When the study is completed, and if historic-period resources were identified during a survey, a copy of the report is transmitted to the Riverside County Historic Preservation Officer (CHPO) for review and comment. The CHPO sends relevant comments back to the Riverside County Archeologist.

Vacant parcels within areas known to have prehistoric or historic resources trigger a Phase I Cultural Resources study. Similarly, any parcels with environmental, geomorphological or vegetative features known to increase the likelihood of cultural resources being present trigger a “Phase I” cultural resources study. Such studies are required to follow the reporting formula found on the Riverside County Planning Department’s website which mirror the recommendations published by the SHPO in 1987.

The Riverside County Archeologist reviews all Phase I cultural resources studies for completeness and reasonable conclusions based on current industry standards in archeology. The Phase I study serves to advise the Riverside County Archeologist on matters relating to any identified prehistoric or historic resources, provide the requisite information to complete the project-related CEQA analysis and guide the Riverside County Archeologist in determining which land use conditions of approval and/or mitigation measures apply to the proposed project.

Copies of studies are provided to tribes, upon their request, as a confidential document. If a proposed project is subject to the requirements of the Traditional Tribal Places Act (commonly referred to as Senate Bill 18), a Phase 1 report is forwarded to tribes who request it as part of consultation under SB 18. Typically, official tribal consultations are scheduled after the report has been sent to the tribe(s) to maximize consultation efforts.

In order to ensure the review and protection of paleontological resources for projects subject to CEQA and not otherwise categorically exempt, the Riverside County Geologist performs an initial review of the County of Riverside’s database and mapped information for the subject site. When existing information indicates that a site proposed for development has high paleontological sensitivity, a paleontological resource impact mitigation

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program (PRIMP) is required for the project. The PRIMP shall specify the steps to be taken to mitigate impacts to paleontological resources. If the site warrants protection, then an “Environmental Constraint” is placed on the approved map for the project, stating that:

“This site, as delineated on this ECS map and as indicated in the county’s General Plan, has been mapped as having a high potential for containing significant nonrenewable fossil material. The proposed project’s potential to impact paleontological resources has been determined to be possible. Therefore, mitigation of this potential impact in the form of monitoring of all site earth-moving activities and collection/curation of all significant fossils unearthed is required unless proven unnecessary through comprehensive literature research and site inspection.”

When existing information indicates that a site proposed for development has low paleontological sensitivity, no direct mitigation is required unless a fossil is encountered during site development. Should a fossil be encountered, the Riverside County Geologist must be notified and a paleontologist must be retained by the project proponent. The paleontologist documents the extent and potential significance of the paleontological resources on the site and establishes appropriate mitigation measures for further site development.

When existing information indicates that a site proposed for development has undetermined paleontological sensitivity, a report is filed with the Riverside County Geologist documenting the extent and potential significance of the paleontological resources on site and identifying mitigation measures for the fossil and for impacts to significant paleontological resources.

Listed below are the standardized conditions of approval pertaining to cultural and paleontological resources. Based on the foregoing information, the Riverside County Archeologist may tailor these conditions or apply additional conditions as the individual project-specific circumstances, Phase 1 cultural resources study and any “Phase II” archeological testing studies dictate. Testing is done to obtain additional information toward a significance evaluation for CEQA purposes.

4. General Conditions of Approval for Discretionary Actions

The following items are the generic Conditions of Approval typically applied to proposed development projects by the Riverside County Archeologist for cultural resources, as deemed warranted by site conditions and/or data. For the remaining items in this sub-section, the term “project” refers to the future development project for which the conditions would apply, not specifically to GPA No. 960.

a. General Conditions Applied for Cultural / Native American Resources

General Condition – If Human Remains Found: The developer/permit holder or any successor in interest shall comply with the following codes for the life of [the proposed] project:

If human remains are encountered, State [HSC] Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and their disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law.

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Subsequently, the Native American Heritage Commission shall identify the “Most Likely Descendant.” The Most Likely Descendant shall then make recommendations and engage in consultation with the County of Riverside and the property owner concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Riverside County Planning Director.

General Conditions – Inadvertent Archeological Find: The developer/permit holder or any successor in interest shall comply with the following for the life of [the proposed] project:

If during ground disturbance activities, cultural resources are discovered that were not assessed by the archeological reports and/or environmental assessment conducted prior to [proposed] project approval, the following procedures shall be followed. A cultural resources site is defined, for this condition, as being three or more artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance.

a. All ground disturbance activities within 100 feet of the discovered cultural resource shall be halted until a meeting is convened between the [project’s] developer, the project archeologist, the Native American tribal representative (or other appropriate ethic/cultural group representative) and the Planning Director to discuss the significance of the find.

b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal (or other appropriate ethnic/cultural group) representative and the archeologist, a decision is made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc) for the cultural resource.

c. Further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate preservation or mitigation measures.

Prior to Grading Permit – Cultural Resources Professional: As a result of [description of the finding would be inserted here], prior to the issuance of grading permits, the developer/permit holder shall retain and enter into a monitoring and mitigation service contract with a qualified [(select appropriate position) Archeologist, Historic Archeologist, Architectural Historian, Historian or Prehistoric Archeologist] for services. This professional shall be known as the “Project Archeologist.” The Project Archeologist shall be included in the pre-grade meeting to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors and special interest monitors. The Project Archeologist shall manage and oversee monitoring for all initial ground-disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removal, grading, trenching, stockpiling of material, rock crushing, structure demolition, etc. The Project Archeologist shall have the authority to temporarily divert, re-direct or halt the ground disturbance activities to allow identification, evaluation and potential recovery of cultural resources in coordination with any required tribal or special interest monitors.

The developer/permit holder shall submit a fully executed copy of the contract to the Riverside County Planning Department to ensure compliance with this condition of approval. Upon verification, the Planning Department shall clear this condition. Note:

Ÿ The Project Archeologist is responsible for implementing mitigation using standard professional practices for cultural resources. The Project Archeologist shall consult with the County of Riverside, developer/ permit holder and any tribal or required special interest group monitor throughout the process.

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Ÿ The agreement shall not modify any approved condition of approval or mitigation measure.

Prior to Grading Permit – Special Interest Monitor: As a result of [add statement of finding], prior to the issuance of grading permits, the developer/permit holder shall enter into contract and retain a monitor(s) designated by the [name of the special interest group(s) who will be monitoring would be inserted here]. This [group‘s monitor(s)] shall be known as the Special Interest Monitor (SI Monitor) for [the] project. The contract shall address the treatment and ultimate disposition of cultural resources which may include repatriation and/or curation in Riverside County-approved curation facility.

The SI Monitor shall be on site during all initial ground-disturbing activities and excavation of each portion of the project site, including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. The SI Monitor shall have the limited authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation and potential recovery of cultural resources in coordination with the Project Archeologist, which is the contracted cultural resource professional, such as an Archeologist, Historic Archeologist, Architectural Historian and/or Historian.

The developer/permit holder shall submit a fully executed copy of the contract with the SI Monitor to the Riverside County Planning Department to ensure compliance with this condition of approval. Upon verification, the Planning Department shall clear this condition. Note:

Ÿ The Project Archeologist is responsible for implementing mitigation and standard professional practices for cultural resources. The professional shall consult with the County of Riverside, developer/permit holder and the special interest group monitor throughout the process.

Ÿ Special interest monitoring does not replace any required cultural resource monitoring, but rather serves as a supplement for consultation and advisory purposes for the special interest groups only.

Ÿ This agreement shall not modify any approved condition of approval or mitigation measure.

Ÿ The developer/permit holder shall contact the Planning Director for consideration of this condition after forty-five (45) days, if an agreement with the special interest group(s) has not been [reached].

Ÿ Should repatriation be preferred, it shall not occur until after a “Phase IV” monitoring report has been submitted to the Riverside County Archeologist. Should curation be preferred, the development/permit holder is responsible for all costs.

Prior to Grading Permit – Tribal Monitoring: As a result of [add statement of finding], prior to the issuance of grading permits, the Developer/permit holder shall enter into an agreement and retain a monitor designated by the [provide the name of the Tribe(s) who will be monitoring]. This group[‘s monitor] shall be known as the Tribal Monitor(s) for [the] project. The agreement shall address the treatment and ultimate disposition of cultural resources which may include repatriation and/or curation in a Riverside County-approved curation facility. The Tribal Monitors shall be on site during all initial ground-disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removal, grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. The Tribal Monitor(s) shall have the limited authority to temporarily divert, redirect or halt ground disturbance activities to allow identification, evaluation, consultation and potential recovery of cultural resources in coordination with the Project Archeologist.

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The developer/permit holder shall submit a fully-executed copy of the contract with the Tribal Monitors to the Riverside County Archeologist to ensure compliance with this condition of approval. Upon verification, the Riverside County Archeologist shall clear this condition. Note:

Ÿ The Project Archeologist is responsible for implementing mitigation and standard professional practices for cultural resources and shall consult with the County of Riverside, designated Tribal Monitor(s) and developer/permit holder throughout the process.

Ÿ Tribal monitoring does not replace any required cultural resources monitoring, but rather serves as a supplement for consultation and advisory purposes for Tribal interests only.

Ÿ This agreement shall not modify any approved condition of approval or mitigation measure.

Ÿ The developer/permit holder shall contact the Planning Director for consideration of this condition after 45 days, if an agreement with the Tribe has not been [reached]. The developer/permit holder has the burden of demonstrating a good-faith effort to secure the Tribal agreement.

Ÿ Should repatriation be preferred, it shall not occur until after a “Phase IV” monitoring report has been submitted to the Riverside County Planning Department. Should curation be preferred, the development/permit holder is responsible for all costs.

Prior to Building Final Inspection – Cultural Resources Report: Prior to final inspection of the first building permit, the development/permit holder shall submit two copies of a “Phase IV” cultural resource monitoring report that complies with the Riverside County Planning Department’s requirements for such reports. The report shall be prepared by a Riverside County-certified professional archeologist. The report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre- grading meeting. The Riverside County Archeologist shall review the report to determine adequate mitigation compliance. Provided the report is adequate, the Riverside County Archeologist shall clear this condition. b. General Conditions Applied by County Geologist for Paleontological Resources

Prior to Grading Permit Issuance – Paleontological PRIMP and Monitor: PDP [insert report number], prepared by [insert name of technical firm] for this [proposed] project, concluded the potential to impact significant paleontological resources is high or this site is mapped in Riverside County’s General Plan as having a high potential for paleontological resources (fossils). Proposed project site grading/ earthmoving activities could potentially impact this resource. Hence, prior to issuance of grading permits:

a. The applicant shall retain a qualified paleontologist (“Project Paleontologist”) approved by the County of Riverside to create and implement a project-specific plan for monitoring site grading/earthmoving activities.

b. The Project Paleontologist retained shall review the approved development plan and grading plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the Project Paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). The PRIMP shall be submitted to the Riverside County Geologist for review and approval prior to issuance of a grading permit [by the county].

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c. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows:

Ÿ Description of the proposed site and planned grading operations.

Ÿ Description of the level of monitoring required for all earthmoving activities in the project area.

Ÿ Identification (name) and qualifications of the qualified paleontological monitor to be employed for grading operations monitoring.

Ÿ Identification of personnel with authority and responsibility to temporarily halt or divert grading equipment to allow for recovery of large specimens.

Ÿ Direction for any fossil discoveries to be immediately reported to the property owner who in turn will immediately notify the Riverside County Geologist of the discovery.

Ÿ Means and methods to be employed by the paleontological monitor to quickly salvage fossils as they are unearthed to avoid construction delays.

Ÿ Sampling of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates.

Ÿ Procedures and protocol for collecting and processing of samples and specimens.

Ÿ Fossil identification and curation procedures to be employed.

Ÿ Identification of the permanent repository to receive any recovered fossil material. The County of Riverside must be consulted on the repository [or] museum to receive the fossil material and a written agreement between the property owner/developer and the repository must be in place prior to site grading.

Ÿ All pertinent exhibits, maps and references.

Ÿ Procedures for reporting of findings.

Ÿ Identification and acknowledgement of the developer for the content of the PRIMP as well as acceptance of financial responsibility for monitoring, reporting and curation fees.

All reports shall be signed by the Project Paleontologist and all other professionals responsible for the report’s content as appropriate. Two wet-signed original copies of the report(s) shall be submitted to the office of the Riverside County Geologist along with a copy of this condition and the grading plan for appropriate case processing and tracking. These documents should not be submitted to the project Planner, the Plan Check staff, the Land Use Counter or any other county office. In addition, the applicant shall submit proof of hiring (i.e., copy of executed contract, retainer agreement, etc.) of a Project Paleontologist for the in-grading implementation of the PRIMP.

Prior to Grading Final – Paleontological Monitoring Report Requirement: The applicant shall submit to the Riverside County Geologist one wet-signed copy of the Paleontological Monitoring Report prepared for site grading operations at [the] site. The report shall be certified by the professionally qualified Project Paleontologist

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responsible for the content of the report. The Project Paleontologist must be on Riverside County’s Paleontology Consultant List. The report shall contain a report of findings made during all site grading activities and an appended itemized list of fossil specimens recovered during grading (if any) and proof of accession of fossil materials into the pre-approved museum [or other] repository. In addition, all appropriate fossil location information shall be submitted to the Western Information Center, the San Bernardino County Museum and the Los Angeles County Museum of Natural History, at a minimum, for incorporation into their Regional Locality Inventories.

Additional/Alternate Language for Small Disturbance Projects (accessory WECS, “mono-poles”/ “mono- pines”/etc. [i.e., cellular towers], minimal ground disturbance) to be Added for Projects Located in the “Undetermined” Potential Zone: [For use when] according to Riverside County’s General Plan, [a proposed development] site has been mapped as having an “Undetermined Potential” for paleontological resources. [One of the two paragraphs below would be inserted into conditions, as applicable; the non-applicable one would be deleted.]

This category encompasses areas underlain by sedimentary rocks for which literature and unpublished studies are not available and, as such, have an undetermined potential for significant paleontological resources. However, due to the limited nature of the [proposed] project’s earthmoving activity, it is unlikely significant impacts to paleontological resources would occur. Nevertheless, should fossil remains be encountered during site development, conditions 1 through 7, below must be met. OR

According to Riverside County’s General Plan, [the] site has been mapped as having a “High Potential” for paleontological resources at depth. However, Paleontological Assessment Report No. [insert number] concluded a low potential for encountering fossil remains due, in part, to the limited earthmoving required to construct the project. As such, this project is not anticipated to require any direct mitigation for paleontological resources. However, should fossil remains be encountered during site development, conditions [a through g, below], must be met.

General Condition - Projects Located Completely within the Low Potential Zone: [Applies when] according to Riverside County’s General Plan, [the] site has been mapped as having a “Low Potential” for paleontological resources. This category encompasses lands for which previous field surveys and documentation demonstrated a low potential for containing significant paleontological resources subject to adverse impacts. As such, [the] project [would] not [be] anticipated to require any direct mitigation for paleontological resources. However, should fossil remains be encountered during site development, the following conditions must be met:

a. All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site.

b. The owner of the property shall be immediately notified of the fossil discovery and shall in turn immediately notify the Riverside County Geologist of the discovery.

c. The applicant shall retain a qualified paleontologist approved by the County of Riverside.

d. The paleontologist shall determine the significance of the encountered fossil remains.

e. Paleontological monitoring of earthmoving activities will continue thereafter on an as-needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried, but not otherwise disturbed, need not be monitored. The supervising paleontologist will have the authority to reduce

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monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level.

f. If fossil remains are encountered by earthmoving activities when the paleontologist is not on site, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains.

g. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum [or] repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; placed in specimen trays or vials [along] with completed specimen data cards) and catalogued. Associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers, and corresponding data, entered into appropriate museum repository catalogs and computerized databases) at the museum [or] repository by a laboratory technician. The remains will then be accessioned into the museum [or] repository fossil collection, where they will be permanently stored, maintained and, along with associated specimen and site data, made available for future study by qualified scientific investigators. The County of Riverside must be consulted on the repository [or] museum to receive the fossil material prior to [its] being curated.

E. Existing Riverside County General Plan Policies

The following policies are already part of the General Plan and are not part of the proposed project, GPA No. 960. Rather, these existing policies are considered to play a role in ensuring any potential environmental effects are avoided, reduced or minimized through their case-by-case application. The County of Riverside has existing programs in place that ensure applicable policies are imposed once a development proposal triggers a specific policy or policies. The need for specific policies is determined through subsequent CEQA analysis performed for site-specific projects. These measures are implemented, enforced and verified through their inclusion into project conditions of approval.

1. Multi-Purpose Open Space (OS) Element Policies

Policy OS 19.2: The County of Riverside shall establish a cultural resources program in consultation with Tribes and the professional cultural resources consulting community. Such a program shall, at a minimum, address each of the following: application processing requirements; information database(s); confidentiality of site locations; content and review of technical studies; professional consultant qualifications and requirements; site monitoring; examples of preservation and mitigation techniques and methods; and the descendant community consultation requirements of local, state and federal law.

Policy OS 19.3: Review proposed development for the possibility of cultural resources and for compliance with the cultural resources program.

Policy OS 19.4: To the extent feasible, designate as open space and allocate resources and/or tax credits to prioritize the protection of cultural resources preserved in place or left in an undisturbed state.

Policy OS 19.5: Exercise sensitivity and respect for human remains from both prehistoric and historic time periods and comply with all applicable laws concerning such remains.

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Policy OS 19.6: Whenever existing information indicates that a site proposed for development has high paleontological sensitivity as show on Figure OS-7 Figure OS-8, a paleontological resource impact mitigation program (PRIMP) shall be filed with the County Geologist prior to site grading. The PRIMP shall specify the steps to be taken to mitigate impacts to paleontological resources.

Policy OS 19.7: Whenever existing information indicates that a site proposed for development has low paleontological sensitivity as show on Figure OS-7 Figure OS-8, no direct mitigation is required unless a fossil is encountered during site development. Should a fossil be encountered, the County Geologist shall be notified and a paleontologist shall be retained by the project proponent. The paleontologist shall document the extent and potential significance of the paleontological resources on the site and establish appropriate mitigation measures for further site development.

F. Proposed New or Revised Riverside County General Plan Policies

The following policy modifications are proposed under GPA No. 960 to correct a reference to a state code and clarify directives for paleontological curation.

1. Land Use (LU) Element Policies

Policy LU 4.5 (Previously LU 4.4): Permit historically significant buildings to vary from building and zoning codes in order to maintain the historical character of the county; providing that the variations do not endanger human life and buildings comply with the State Historical Building Code.

2. Open Space (OS) Element Policies

Policy OS 19.8: Whenever existing information indicates that a site proposed for development has undetermined paleontological sensitivity as shown on [General Plan] Figure OS-7 Figure OS-8, a report shall be filed with the County Geologist documenting the extent and potential significance of the paleontological resources on site and identifying mitigation measures for the fossil and for impacts to significant paleontological resources prior to approval of that department.

NEW Policy OS 19.9: Whenever paleontological resources are found, the County Geologist shall direct them to a facility within Riverside County for their curation, including the Western Science Center in the City of Hemet.

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4.9.4 Thresholds of Significance for Cultural and Paleontological Resources

The project would result in a significant impact on cultural resources if it would:

A. Cause a substantial adverse change in the significance of historical resource as defined in CCR Section 15064.5.

B. Cause a substantial adverse change in the significance of an archeological resource pursuant to CCR Section 15064.5.

C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

D. Disturb any human remains, including those interred outside of formal cemeteries.

4.9.5 Effect of GPA No. 960 on the General Plan and on Cultural and Paleontological Resources

A. Proposed Changes to the General Plan

The proposed update to the General Plan (pursuant to General Plan Amendment No. 960) includes changes to land use overlays, land use designations amendments and policies that will allow for the conversion of rural, semi- rural, agricultural and vacant lands into suburban or urban uses in areas throughout Riverside County. As with the current General Plan, future development consistent with GPA No. 960 has the potential to adversely affect historic, archeological or paleontological resources, both known and previously unknown. In particular, GPA No. 960 contains policy changes that may facilitate the further development of specific areas or development at greater intensities or densities than that previously planned. These include the new Rural Village Land Use Overlays in Good Hope and Meadowbrook, as well as other new-proposed Policy Areas, such as Lakeland Village and the Northeast Business Park. Similar increases in potential for ground-disturbing development will also occur for lands in which their base General Plan land use Foundation has been changed from that of a lower intensity (such as “Rural” or “Open Space”) to one allowing higher intensities (such as “Rural Community” or “Community Development”). A variety of individual parcels are proposed for this type of change under GPA No. 960. In some cases, the proposed changes may remove a barrier to potential future development by proposing a more logical, readily-implementable land use scenarios. such as for Lakeland Village.

As part of the project review process, cultural and paleontological information within the General Plan was updated and associated polices reviewed and revised where necessary. The existing General Plan addresses such resources primarily in the Multipurpose Open Space Element and, to a minor degree, the Land Use Elements. Specifically, GPA No. 960 includes two policy updates. The first clarifies that historically significant buildings must comply with the State Historic Building Code. The second update directs found paleontological resources to a facility within Riverside County for curation. Text of the relevant revised General Plan policies is provided in Section 4.9.2.E above. Within the Land Use Element, the open space land use designation was updated to include cultural preservation within the Open Space Conservation category. Additionally, a Historic District Overlay was added to allow for specific protections, land uses, the application of the Historic Building Code and consideration for contributing elements to a prospective historic district.

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B. Analysis of GPA No. 960 Effects on Cultural and Paleontological Resources

In all of these scenarios (changes leading to future development potential where none previously existed, as well as potential increases in density or intensity), the GPA No. 960 changes have the potential to result in increased areas of disturbance to both structures and artifacts on the site’s surface, as well as any subsurface artifacts, paleontological or geological features. Particularly in rural or previously undisturbed areas, future development that ensues could lead to the discovery of archeological, historical or paleontological resources deemed significant, including the uncovering of human remains.

At the programmatic level addressed in this EIR, a variety of regulatory measures, including compliance with and implementation of federal, state and local regulations, as well as county ordinances and Riverside County General Plan polices, would serve to ensure potential impacts to cultural resources are reduced to the point where impacts are less than significant. (See full discussion on impacts and mitigation, below.) In addition, all future implementing projects (such as parcel and tract maps, conditional use permits, etc.) would be subject to further CEQA review focusing on the specifics of the proposed project – which cannot be foreseen at this time (since no specific development proposals are included in GPA No. 960).

County of Riverside procedures for project-specific CEQA review include applying all applicable regulatory measures, such as those outlined herein, and requiring consistency with all applicable General Plan policies and existing EIR No. 441 mitigation measures (as per EIR No. 441’s Mitigation Monitoring and Reporting Program) and the internal Planning Department procedures also as presented herein. These regulatory measures, policy actions and Departmental procedures addressing project-specific significant impacts are included in a project’s conditions of approval. The County of Riverside assigns these measures as required in compliance with CEQA in its discretionary capacity as Lead Agency. The conditions of approval, which are developed and issued by the County of Riverside, form the basis of the contractual obligations to which a project is subject in order to obtain the applied-for land use entitlement from the County of Riverside and provide the legal instrument through which all measures deemed necessary for CEQA purposes are implemented.

4.9.6 Cultural and Paleontological Resources – Impacts and Mitigation

A. Would the project cause a substantial adverse change in the significance of historical resource as defined in CCR Section 15064.5?

Impact 4.9.A - Adversely Change the Significance of Historical Resources: Future development accommodated by GPA No. 960 would increase rural, suburban and urban uses in Riverside County, adversely affecting known and presently unknown historic resources. Compliance with existing laws, County Ordinance No. 578, General Plan policies and existing Mitigation Measure 4.7.1B from EIR No. 441 would be sufficient to ensure that this impact is less than significant.

1. Analysis of Impact 4.9.A

As indicated in Table 4.9-A, Riverside County has a significant number of historic structures, sites and ruins, along with other historic resources that have yet to be identified. Many of these are located in cities and therefore not under the jurisdiction of this General Plan. It is expected that future development consistent with GPA No.

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960 has the potential to result in impacts to four known, plus other presently unknown historic resources. Three of the four known sites are under preservation by a public or non-profit entity. The fourth site, Riverside Cement Co., is privately owned and could potentially be subject to future development. Future development could also result in the disturbance of vacant lands and possible conversion of existing agricultural lands to various developed uses. This development could cause the destruction or loss of a known or unknown historical resource, as defined in Section 15064.5 of the State CEQA Guidelines.

2. Regulatory Compliance for Impact 4.9.A

As detailed and explained below, compliance with existing laws, regulatory programs, General Plan policies, are sufficient to ensure that substantial adverse change in the significance of historical resources as a result of GPA No. 960 would be less than significant.

a. Compliance with Federal, State and County Regulations

Historic properties and resources are protected under a wide variety of federal, state and county regulations including Riverside County Ordinance No. 578 and the state and federal programs outlined in Section 4.9.2 (Existing Setting – Cultural and Paleontological Resources), above, that would prevent substantial adverse change in the significance of historical resources. These programs afford preservation or mitigation to historic resources in a variety of ways.

National Historic Preservation Act (NHPA): NHPA, in particular Section 106, serves to ensure that public property meeting federal standards for listing or eligibility are identified and given appropriate environmental review under CEQA. This applies to both typical “historic” resources, such as buildings, structures and landscapes, as well as to archeological resources, such as those that may yield “important information in history or prehistory.”

Native American Graves Protection and Repatriation Act (NAGPRA): Compliance with NAGPRA would ensure any human remains or funerary artifacts associated with a Native American descendant are handled appropriately. This includes protecting known burial sites from disturbance and carefully controlling the removal of any Native American human remains or related objects, as well as appropriate coordination between Riverside County and Tribes. Projects in Riverside County requiring federal action (e.g., issuance of a federal CWA Section 404 permit by the ACOE) also trigger these federal requirements.

In the case of General Plan Amendments and Specific Plans, adherence to California’s Traditional Tribal Cultural Places Act, Section 65352.3 of the Government Code (Senate Bill 18) would be used to ensure that historic and prehistoric cultural resources are considered prior to project approval and that mitigation measures or conditions of approval appropriate to site conditions are applied to prevent significant impacts to cultural resources. Specifically, the law requires the County of Riverside to consult with Native American groups at the earliest point in the land use planning process regarding potential means to preserve Native American places of prehistoric, archeological, cultural, spiritual and ceremonial importance.

Actions by the U.S. Army Corps of Engineers: Appendix C of Title 33 CFR Section 325 establishes procedures to be followed by the U.S. Army Corps of Engineers (ACOE) to fulfill the requirements of the NHPA, as well as other applicable historic preservation laws and Presidential directives related to historic resources potentially affected by ACOE actions (including issuance of permits pursuant to the federal Clean Water Act [CWA]). It specifies that when a project’s authorization requires a federal action (for example, issuance

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of permit pursuant to Section 404 of the CWA), the project must comply with the requirements of Section 106 of the NHPA.

Traditional Tribal Cultural Places Act (Government Code Section 65352.3): This program ensures appropriate CEQA review of all discretionary projects. To that end, a Riverside County Archeologist reviews prospective cultural (including archeological) impacts of land use projects, implements explicit review procedures (as described in more detail above) and applies standard conditions of approval as required for projects with potential for disturbing or uncovering historical or archeological resources. These conditions include requirements for site monitoring during construction, actions to take if a resource is uncovered during grading/construction and also documentation and reporting requirements to verify compliance (see Section 4.9.2 above). They also establish specific protocols to be followed should Native American remains be discovered in order to ensure compliance with state laws, for example, PRC Section 5097, as well as for the discovery of any human remains, whether modern, historic or prehistoric. Above all, adherence to the Riverside County Planning Department’s established cultural resources policies, procedures and conditions of approval would ensure historic and prehistoric cultural resources are considered prior to approval of projects subject to CEQA.

Regulation of Cultural Resources (Public Resources Code Section 5097): This program outlines the requirements for cultural resource analysis prior to the commencement of any construction project on state lands and specifies that the unauthorized disturbance or removal of resources located on public lands (including those owned by counties) and prohibits the destruction of objects of antiquity without a permit on public lands. As indicated above, the County of Riverside employs an archeologist to review prospective cultural impacts of land use projects, implement explicit review procedures and apply standard conditions of approval as required for projects with potential for disturbing or uncovering historical or archeological resources.

California Environmental Quality Act: Compliance with this state law would ensure that future land use projects accommodated by GPA No. 960 would be reviewed with consistent standards for determining historic resources and their respective significance (CCR Section 15064.5 (a)). Further, CCR Section 15064.5(b)) provides guidance to the County of Riverside in determining the “substantial adverse change” that may occur as the result of a future site specific project. Section 15064.5(c) of the State CEQA Guidelines also establishes that if “maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction” of the historical resource is conducted “in a manner consistent with” the [U.S.] Secretary of the Interior’s Standards for the Treatment of Historic Properties (Weeks and Grimmer, 1995), then the project’s impact on the historical resource “shall generally be considered mitigated to below a level of significance.”

Riverside County Ordinance No. 578 – Historic Preservation Districts: Compliance with this ordinance prevents the construction or alteration of any building or structure within an adopted Historic Preservation

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District, except in strict compliance with the plans approved in conjunction with the issuance of a Certificate of Historic Appropriateness by the Riverside County Planning Director. The ordinance also sets specific criteria to be used in determining how such certificates are to be used in order to preserve the “historical significance and related construction theme” of the Historic District. At the time of EIR No. 521’s NOP release on April 13, 2009, there were no Historic Preservation Districts in Riverside County.

b. Compliance with Existing General Plan Policies and County Procedures

The following existing policies of the Riverside County General Plan would ensure that no substantial adverse changes in the significance of a historic resource would occur as a result of GPA No. 960. Further, the following existing Riverside County procedures and conditions of approval would also ensure that no substantial adverse changes in the significance of an archeological resource would occur as a result of GPA No. 960. See Section 4.9.3.E for full text of each of the policies, procedures and conditions of approval mentioned below.

Policies OS 19.2 - 19.5: Compliance with these policies would ensure that projects are adequately reviewed for historic resources prior to approval; that appropriate mitigation measures are developed and incorporated into project design and project conditions of approval; and ensure that projects are appropriately reviewed for archeological resources and conditioned to comply with applicable state and federal regulations.

Riverside County Planning Department Procedures: Compliance with the Planning Department procedures would further ensure that projects are adequately reviewed; additional information is collected where warranted; archeological resources are identified and, where significant, preserved; human remains are treated in accordance with applicable laws; and Tribal participation occurs pursuant to SB 18 guidance when applicable;

General Conditions of Approval for Cultural Resources: Project-level compliance with conditions of approval is enforceable by the County of Riverside. When the Riverside County Archeologist ascribes conditions to a land use project, these measures are implemented at the appropriate stages of the land use development process. Project applicants must satisfy the terms of their conditions of approval before they may be authorized to implement subsequent stages in their land use development process.

c. Compliance with Proposed New or Revised General Plan Policies

Revised Policy LU 4.5 of the Riverside County General Plan would contribute to ensuring that development impacts to historic resources would be less than significant. Utilization of this policy ensures that land use projects with historically significant structures have flexibility to vary from existing building and zoning codes to preserve such structures thereby facilitating preservation of historical buildings. See Section 4.9.3.F for full text of the policy.

d. Compliance with Existing Mitigation Measures from EIR No. 441

In EIR No. 441, prepared for the 2003 RCIP General Plan, it was found that General Plan policies related to historic resources would “help reduce the effects of growth and development by requiring development proposals to be evaluated for the presence of historical resources; by protecting historic buildings from demolition; and providing capital for preservation of historic buildings.” However, CEQA mitigation measures were developed to ensure that “future development within the county would not have any significant adverse impacts on historic resources.” Because one measure (4.7.1B) applies to the entire General Plan area, it remains applicable to the currently proposed GPA No. 960. This existing mitigation measure would prevent substantial adverse change in the significance of historical resources and therefore reduces impacts to such resources to less than significant.

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Existing Mitigation Measure 4.7.1B: Avoidance is the preferred treatment for cultural resources. Where feasible, project plans shall be developed to allow avoidance of cultural resources. Where avoidance of construction impacts is possible, capping of the cultural resource site and avoidance planting (e.g., planting of prickly pear cactus) shall be employed to ensure that indirect impacts from increased public availability to the site are avoided. Where avoidance is selected, cultural resource sites shall be placed within permanent conservation easements or dedicated open space.

3. Finding on Significance for Impact 4.9.A

Compliance with the above regulatory programs, General Plan policies and existing Mitigation Measure 4.7.1B from EIR No. 441, GPA No. 960 would prevent substantial adverse changes in the significance of historical resources. Additionally, the imposition of Riverside County regulations, programs and procedures discussed above would further avoid or reduce this insignificant impact.

B. Would the project cause a substantial adverse change in the significance of an archeological resource pursuant to CCR Section 15064.5?

Impact 4.9.B – Cause the Destruction of Known Archeological Resources: Future development accommodated by GPA No. 960 would increase rural, suburban and urban uses in Riverside County, may adversely affect known or presently unknown archeological resources. Compliance with existing laws, General Plan policies, Planning Department procedures, project-level conditions of approval for cultural resources, existing Mitigation Measure 4.7.1B from EIR No. 441 and new Mitigation Measure 4.9.B-N1 would be sufficient to ensure that this impact is less than significant with mitigation.

1. Analysis of Impact 4.9.B

Future development consistent with General Plan changes arising from GPA No. 960 would result in the disturbance of vacant lands and possible conversion of existing structures and agricultural lands to various developed uses. This development could cause the destruction or loss of known or unknown archeological resource, as defined in Section 15064.5 of the State CEQA Guidelines.

Significant archeological resources exist within Riverside County, based on what is known from histories of local Native American and other descendant communities, and archeological and historic surveys conducted by archeologists and historians. Given the amount of undisturbed land that remains available for development, the distinct possibility exists that subsurface archeological resources may be disturbed through grading activities. Impacts on archeological resources could result from future development authorized pursuant to General Plan, as updated by GPA No. 960, in the form of individual private development and public works projects. Because the scope of GPA No. 960 is essentially countywide, site-specific investigation of archeological resources is beyond the scope of this EIR. Instead this section focuses on developing a strategy to assess risks to archeological resources and reduce any impacts to such resources.

2. Regulatory Compliance for Impact 4.9.B

As detailed and explained below, compliance with the following laws, programs and General Plan policies would lessen adverse changes in the significance of archeological resources.

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a. Compliance with Federal and State Regulations

Compliance with the following state, federal and county regulations and programs would lessen adverse changes in the significance of an archeological resource as a result of GPA No. 960.

National Historic Preservation Act: For the reasons outlined under Impact 4.9.B, the National Historic Preservation Act, in particular Section 106, would ensure that project sites on public land or subject to federal permits are identified and assessed for archeological resources, such as those that may yield “important information in history or prehistory.”

Native American Graves Protection and Repatriation Act: Compliance with NAGPRA would ensure that any human remains or funerary artifacts associated with a Native American descendant are handled appropriately. And, in the case of General Plan Amendments and Specific Plans, adherence to California’s Traditional Tribal Cultural Places Act (Senate Bill 18) would ensure that archeological resources are considered prior to discretionary project approval and that mitigation measures appropriate to site conditions are applied to prevent significant impacts to cultural resources. Specifically, the law requires Riverside County to consult with Native American groups at the earliest point in the land use planning process regarding potential means to preserve Native American places of prehistoric, archeological, cultural, spiritual and ceremonial importance.

Actions by the U.S. Army Corps of Engineers: Appendix C of Title 33 CFR Section 325 establishes procedures to be followed by the ACOE to fulfill the requirements of the National Historic Preservation Act (NHPA), as well as other applicable historic preservation laws and Presidential directives related to historic resources potentially affected by ACOE actions (including issuance of permits pursuant to the federal Clean Water Act [CWA]). It specifies that when a project’s authorization requires a federal action (for example, issuance of permit pursuant to Section 404 of the CWA), the project must comply with the requirements of Section 106 of the NHPA.

Traditional Tribal Cultural Places Act (Senate Bill 18): In response to Senate Bill 18 and to ensure appropriate CEQA review of land use projects not otherwise deemed categorically exempt, a Riverside County Archeologist reviews prospective cultural (historic and pre-historic) impacts of land use projects, implements explicit review procedures (described in Section 4.9.2 above) and applies conditions of approval to proposed projects with the potential for disturbing or uncovering historical or archeological resources. These conditions include requirements for site monitoring during construction, actions to take if a cultural resource is uncovered and also documentation and reporting requirements to verify compliance. They also establish the specific protocols to be followed should Native American remains be discovered, in order to ensure compliance with state laws (e.g., PRC Section 5097), as well as for the discovery of any human remains, whether modern, historic or prehistoric.

The Riverside County Archeologist serves as cultural liaison to the Tribes and their descendant groups to facilitate consultation. When consultation is conducted for a proposed project, conditions of approval may be negotiated with the Tribes. Adherence to the Riverside County Planning Department’s established cultural resources policies, procedures and conditions of approval (identified in Section 4.9.2, above) would ensure that archeological resources are considered prior to approval of all projects subject to CEQA.

California Environmental Quality Act: Compliance with this state law would ensure that future land use projects accommodated by GPA No. 960 would be reviewed for determining whether any unique archeological resources (CCR Section 21083.2(g)) would be affected. Section 21083.2 also provides guidance to Riverside County in determining “reasonable efforts to be made to permit any or all of these resources to be preserved in place or left in an undisturbed state.” Lastly, CCR Section 15126.4(b) specifies that when “data recovery through

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excavation is the only feasible mitigation,” a data recovery plan shall be prepared and adopted prior to any excavation being undertaken. The data recovery plan would be designed to ensure adequate recovery of scientifically consequential information from and about the historical resource using current industry standards in archeological methods. In Riverside County, the resultant study would be deposited with the EIC at UCR. And, as per above, any human remains uncovered would be treated in accordance with HSC Section 7050.5.

Ordinance No. 578 – Historic Preservation Districts: Compliance with this ordinance prevents the construction or alteration of any building or structure within an adopted Historic Preservation District, except in strict compliance with the plans approved in conjunction with the issuance of a Certificate of Historic Appropriateness by the Riverside County Planning Director. The ordinance also sets specific criteria to be used in determining how such certificates are to be used in order to preserve the “historical significance and related construction theme” of the historic district. At the time of EIR No. 521’s NOP release on April 13, 2009, there were no Historic Preservation Districts adopted in Riverside County.

b. Compliance with Existing General Plan Policies and County Procedures

The following existing policies of the Riverside County General Plan would lessen substantial adverse changes in the significance of an archeological resource from occurring as a result of future implementation of a project pursuant to GPA No. 960. Further, the following existing Riverside County procedures and conditions of approval would also lessen substantial adverse changes in the significance of an archeological resource. See Section 4.9.3.E for full text of each of the policies, procedures and conditions of approval mentioned below.

Policies OS 19.2, 19.3, 19.4, 19.5: Compliance with these policies would ensure that proposals are adequately reviewed for archeological resources prior to approval; that appropriate mitigation measures are developed and incorporated into project design and/or conditions of approval; and, that all applicable state and federal regulations are applied as warranted.

Riverside County Planning Department Procedures: Compliance with the Planning Department procedures outlined in Section 4.9.3.D would further ensure that projects are adequately reviewed, additional information is collected where warranted, archeological resources are identified and, where significant, preserved, that any human remains uncovered are treated in accordance with applicable laws and, lastly, that Tribal participation occurs pursuant to SB 18 guidance when applicable.

General Conditions of Approval for Cultural Resources: Future development projects approved by Riverside County include a set of conditions of approval that are enforced by the County of Riverside. When the Riverside County Archeologist places conditions of approval on a land use project, the measures are implemented (and verified by the County of Riverside) at various stages of the land use development process. Project applicants must satisfy their conditions of approval before being authorized to implement subsequent stages of the development process (for example, requirements that must be met before a subdivision map can be recorded, before a grading permit, building permit or occupancy can be issued, etc.).

c. Compliance with Existing Mitigation Measures from EIR No. 441

In EIR No. 441, prepared for the 2003 RCIP General Plan, it was found that “although Riverside County and the General Plan [contains] policies to protect and minimize the effects of prospective growth on archeological resources, the potential exists for destruction of known archeological resources to occur if mitigation is not provided to protect such resources.” (Final EIR No. 441, page 4.9-27) Mitigation Measure 4.7.1B was imposed to “ensure that future development in the county would not have any significant adverse impacts on historic

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resources.” Because 4.7.1B applies to the entire General Plan area, it remains applicable to the currently proposed GPA No. 960.

Existing Mitigation Measure 4.7.1B: (See Impact 4.9.A, above, for the full text of this measure.)

3. Additional Project-Specific Mitigation for Impact 4.9.B

Despite all of the above measures that lessen substantial adverse changes in the significance of an archeological resource impacts to archeological resources, additional project-specific mitigation measures are necessary to further avoid, reduce or minimize impacts. New Mitigation Measure 4.9.B-N1 would lessen the impact by providing for dialog with the appropriate ethnic or cultural group concerning the dispensation of cultural resources where it is infeasible for those resources to be avoided or preserved in place. Implementation of this mitigation measure will ensure that project impacts to archeological resources are mitigated to less than significant.

NEW Mitigation Measure 4.9.B-N1: If avoidance and/or preservation in place of cultural resources is not feasible, the following mitigation measures shall be initiated for each impacted site:

a. Discoveries shall be discussed with the Native American tribal (or other appropriate ethnic/ cultural group representative) and the Riverside County Archeologist, and a decision shall be made with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) appropriate for the cultural resource.

b. Further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to appropriate preservation or mitigation measures.

4. Findings on Significance for Impact 4.9.B

For the reasons presented above, implementation and compliance with the above-listed existing regulations, General Plan policies, county programs and procedures and existing Mitigation Measure 4.7.1B from EIR No. 441, as well as new Mitigation Measure 4.9.B-N1, would ensure that development accommodated by GPA No. 960 would have less than significant impacts on archeological resources.

C. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

Impact 4.9.C – Cause the Destruction of Unique Paleontological Resources or Sites: Future development accommodated by GPA No. 960 would increase rural, suburban and urban uses in Riverside County and could result directly or indirectly in destruction of unique paleontological resources or sites or unique geological features. Compliance with existing laws, General Plan policies, Planning Department procedures and project-level general conditions of approval for paleontological resources would be sufficient to ensure that this impact is less than significant.

1. Analysis of Impact 4.9.C

Future development within vacant areas of unincorporated Riverside County would result in the disturbance of vacant lands, including subsurface soils or unique geological features potentially containing paleontological resources. Significant paleontological resources, including fossilized large mammal remains, are known to exist

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within Riverside County, based on past scientific studies, as well as from fossils and other resources that have already been recovered from various sites. Given the amount of undisturbed land still available for development, there remains the possibility that paleontological resources would be disturbed through grading activities. Impacts on paleontological resources would result from future development consistent with the General Plan, as updated pursuant to GPA No. 960, in the form of individual private development and public works projects.

For the purposes of this section, paleontological resources are defined as including fossilized remains of vertebrate and invertebrate organisms, fossil tracks and track ways and plant fossils. Because the scope of GPA No. 960 is essentially countywide, site-specific investigation of paleontological resources is beyond the scope of this EIR. Instead, this section focuses on developing a strategy to assess risks to paleontological resources and avoid or minimize any impacts to such resources.

At the countywide level, based on existing studies and geological data, Figure 4.9.3 shows areas within Riverside County that have the potential to contain paleontological resources. The figure indicates there are areas within Riverside County containing high or undetermined potential for paleontological resources. Changes to the General Plan resulting from GPA No. 960 could result in the future authorization of development within areas that contain high sensitivity for paleontological resources, resulting directly or indirectly in the destruction of a unique paleontological or geologic resource or site.

However, less than 19% of the land proposed for development under GPA No. 960 is considered to be in areas of high paleontological sensitivity. Approximately 76% of the land proposed for development under GPA No. 960 is considered to be in areas with low paleontological sensitivity and only 6% is considered to be of undetermined paleontological value. Future development could result in the disturbance of vacant lands and possible conversion of existing agricultural lands to various developed uses. This development could directly or indirectly cause the destruction of unique paleontological resources. Because the scope of GPA No. 960 is essentially countywide, site-specific investigation of paleontological resources is beyond the scope of this EIR. Instead this section focuses on developing a strategy to assess risks to paleontological resources and reduce any impacts to such resources.

2. Regulatory Compliance for Impact 4.9.C

As detailed and explained below, compliance with existing laws, regulatory programs, General Plan policies, Planning Department procedures, and general project-level conditions of approval are sufficient to ensure that impacts to paleontological resources or sites or unique geologic features as a result of GPA No. 960 would be less than significant.

a. Compliance with Federal, State and County Regulations

Compliance with the following state, federal and county regulations would prevent significant impacts to paleontological resources or sites or unique geologic features.

Paleontological Resources Preservation Act (PRPA): The PRPA was specifically intended to codify the generally accepted practice of limiting collection on public (federal) land of vertebrate fossils and other rare and scientifically significant fossils to qualified researchers who obtain a permit from the appropriate state or federal agency and agree to donate any materials recovered to recognized public institutions where they will remain accessible to the public and to other researchers.

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PRPA specifies that a permit is require for collecting paleontological resources from public land and also establishes conditions for the appropriate collection and curation processes such resources are subject to; in order to ensure preserve the scientific value of such materials. Federal regulations require that projects within the county needing federal action (e.g., issuance of a federal Clean Water Act Section 404 permit by the ACOE) also trigger application of these federal standards.

Actions by the U.S. Army Corps of Engineers: Appendix C of Title 33 CFR, Section 325, establishes procedures to be followed by the ACOE to fulfill the requirements of NHPA, as well as other applicable historic preservation laws and Presidential directives related to historic resources potentially affected by ACOE actions (including issuance of permits pursuant to the federal CWA). It specifies that when a project’s authorization requires a federal action (for example, issuance of permit pursuant to Section 404 of the CWA), the project must comply with the requirements of Section 106 of NHPA.

Regulation of Paleontological Resources Pursuant to California’s Public Resources Code: PRC Section 5097 specifies that the unauthorized disturbance or removal of archeological, historical or paleontological resources located on public lands (including those owned by counties, cities, etc.) is a misdemeanor. It also prohibits the knowing destruction of objects of antiquity without a permit (i.e., express permission) on public lands and provides for criminal sanctions for violators. Section 5097.5 prohibits “knowing and willful” excavation, removal, destruction, injury and defacement of any paleontological feature on public lands (lands under state, county, city, district or public authority jurisdiction, or the jurisdiction of a public corporation), except where the agency with jurisdiction has granted express permission. Section 30244 requires reasonable mitigation for impacts on paleontological resources that occur as a result of development on public lands. b. Compliance with Existing Riverside County General Plan

The following existing policies of the Riverside County General Plan would prevent significant impacts to paleontological resources or unique geologic features. See Section 4.9.3.E for full text of each policy.

Policies OS 19.7: Compliance with this policy ensures projects with low paleontological sensitivity are adequately reviewed should fossils be encountered during site development and that projects are appropriately conditioned to comply with applicable state and federal regulations.

c. Compliance with Proposed New or Revised General Plan Policies

The following proposed new policies of the Riverside County General Plan would further prevent significant impacts to paleontological resources or unique geological features. See Section 4.9.3.F for the full text of each of these policies.

Policies OS 19.6 and 19.8: Compliance with these policies ensures projects are adequately reviewed for paleontological resources prior to approval; that appropriate mitigation measures are developed and incorporated into project design and project conditions of approval; and that projects are appropriately conditioned to comply with applicable state and federal regulations.

Policy OS 19.9: By ensuring that the Riverside County Geologist directs newly found paleontological resources to a facility within Riverside County for their curation, this policy would further ensure preservation.

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3. Finding on Significance for Impact 4.9.C

With implementation of the above-listed existing regulations, General Plan policies, Riverside County Planning Department procedures and project-level general conditions of approval, GPA No. 960 would have a less than significant impact on paleontological resources or sites or unique geologic features.

D. Would the project disturb any human remains, including those interred outside of formal cemeteries?

Impact 4.9.D - Result in the Disturbance of Human Remains: Future development accommodated by GPA No. 960 would increase rural, suburban and urban uses in Riverside County, adversely affecting human remains, including those interred outside formal cemeteries. Compliance with existing laws, regulatory programs, General Plan policies, Planning Department procedures, project-level general conditions of approval for cultural resources, and existing Mitigation Measures 4.7.1A and 4.7.1B would be sufficient to ensure that this impact is less than significant.

1. Analysis of Impact 4.9.D

Future development consistent with GPA No. 960 would result in disturbance of vacant lands. This has the potential to disturb buried cultural resources and human remains, including those interred outside of formal cemeteries, in both known and previously unknown locations.

Policies in the current General Plan and Riverside County Planning Department procedures require site-specific cultural resources surveys be conducted prior to development occurring. A cultural resources survey, which includes a records search of both the archeological repository at the Eastern Information Center at UCR, as well as appropriate historical reference materials, can identify the existence of known above-surface human remains, archeological and historic resources, and also indicate the likelihood for buried cultural resources, including human remains. However, the survey cannot determine with certainty whether buried cultural resources or human remains would be found until the surface soil is disturbed, such as during grading activities. Destruction or disturbance of such surface or buried cultural resources during construction of individual private development or public works projects can occur if appropriate regulatory measures are not strictly adhered to, particularly state laws regarding the discovery of human remains.

2. Regulatory Compliance for Impact 4.9.D

As detailed and explained below, compliance with existing laws, regulatory programs, General Plan policies, Planning Department procedures, project-specific mitigation measures, project-level general conditions of approval for cultural resources and existing Mitigation Measures 4.7.1A and 4.7.1B from EIR No. 441 are sufficient to ensure that disturbances to human remains, including those outside formal cemeteries, would be less than significant.

a. Compliance with Federal, State and County Regulations

Compliance with the following state, federal and county regulations would prevent significant disturbances to human remains, including those outside formal cemeteries. The full text for the following regulations can be found in Section 4.9.3 of this EIR.

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Because most uncovered human remains and/or associated burial artifacts are of historical or prehistoric eras, they tend to be handled in a manner similar to archeological resources. In this aspect, the regulatory measures outlined for impacts to historical and archeological resources for Impacts 4.9.1 and 4.9.2, above, also apply for buried human remains. At the federal level, this includes the NHPA and, in particular, NAGPRA, which would ensure that any human remains or funerary artifacts associated with a Native American descendant, are handled appropriately. This includes protecting known burial sites from disturbance and ensuring careful control over the removal of any Native American human remains or related objects, as well as appropriate coordination between Riverside County and Tribes. Projects within Riverside County needing federal action (such as, issuance of a federal Clean Water Act Section 404 permit by the ACOE), would trigger application of these federal standards.

As human remains uncovered are most likely to be associated with prehistoric Native Americans, adherence to California’s Traditional Tribal Places Act (Senate Bill 18) would help ensure that historic and prehistoric cultural resources are considered prior to discretionary project approval and that mitigation measures appropriate to site conditions are applied to prevent significant impacts to cultural resources. Specifically, the law requires Riverside County to consult with Native American groups at the earliest point in the land use planning process for certain types of projects regarding preservation of Native American places of prehistoric, archeological, cultural, spiritual and ceremonial importance.

Additionally, for every project subject to CEQA not otherwise categorically exempt, the County of Riverside reviews said project and implements conditions of approval (see Section 4.9.3 above). The project conditions are designed specifically to address land use projects with potential for disturbing or uncovering historical or archeological resources associated with Native American history or prehistory. These conditions include requirements for site monitoring during construction, actions for uncovering of a resource and also documentation and reporting requirements to verify compliance. Riverside County’s conditions of approval establish the specific protocols to be followed should Native American remains be discovered in order to ensure compliance with state laws, for example, PRC Section 5097, as well as for the discovery of any human remains, whether modern, historic or prehistoric. Treatment for human remains can vary from leaving them in place to coordinating a relocation effort with the approval of the “Most Likely Descendant” from either a Native American Tribe or appropriate ethnic/cultural group.

Lastly, since uncovered human remains can also be of modern origins, and hence potentially part of a crime scene, specific County of Riverside regulations require contacting the Riverside County Coroner’s Office for initial assessment of any uncovered human remains. Specifically, HSC Section 7050.5(b) states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to their treatment and disposition has been made. If the remains are determined not to be modern, subsequent treatment of the discovery is handled in coordination with the Tribe determined by the State of California to be the “Most Likely Descendant,” see Existing Mitigation Measure 4.9.1A, below for additional details.

b. Compliance with County General Plan Policies and Procedures

The following existing policies of the Riverside County General Plan would contribute to ensuring that potential impacts to human remains and any associated artifacts resulting from future development accommodated by GPA No. 960 are less than significant. See Section 4.9.3.E for the text of each policy.

Policies OS 19.2 - 19.5: These policies ensure projects are adequately reviewed for cultural resources prior to approval; that appropriate mitigation measures are developed and incorporated into project design and/or conditions of approval; sites are avoided or conserved when possible; and, all efforts involve Native American

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Tribes as dictated by SB 18 and Section 15064.5(d) of the State CEQA Guidelines. Policy OS 19.5 requires compliance with all applicable laws related to human remains.

Planning Department Procedures: Compliance with department procedures would further ensure projects are adequately reviewed; additional information is collected where warranted; archeological resources are identified and, where significant, preserved; human remains are treated in accordance with applicable laws; and Tribal participation occurs pursuant to SB 18 guidance when applicable.

General Conditions of Approval for Cultural Resources: Future development project-level compliance with conditions of approval is enforceable by the County of Riverside. When the Riverside County Archeologist ascribes conditions to a land use project, these measures are implemented at the appropriate stages of the land use development process. Project applicants must satisfy the terms of their conditions of approval before they may be authorized to implement subsequent stages in their land use development process. Specifically, a general condition concerning the finding of human remains is applied to each land use project by the Riverside County Archeologist. It requires that, if human remains are encountered, no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and their disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC shall be contacted within the period specified by law.

Subsequently, the NAHC shall identify the “Most Likely Descendant.” The Most Likely Descendant shall then make recommendations and engage in consultation with Riverside County and the property owner concerning the treatment of the remains as provided in PRC Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Riverside County Planning Director. c. Compliance with Existing Mitigation Measures from EIR No. 441

In EIR No. 441, prepared for the 2003 RCIP General Plan, Mitigation Measures 4.7.1A and 4.7.1B were imposed to reduce impacts related to human remains. These measures remain applicable to this project and would lessen impacts to human remains, including those not in formal cemeteries, by ensuring that development which encounters human remains follow HSC directives and requiring avoidance as the preferred treatment of cultural resource sites. Because existing Mitigation Measures 4.7.1A and 4.7.1B apply countywide, they remain applicable to proposed GPA No. 960 as well.

Existing Mitigation Measure 4.7.1A: If human remains are encountered during a public or private construction activity, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The Riverside County Coroner must be notified within 24 hours. If the Coroner determines that the burial is not historic, but prehistoric, the State Native American Heritage Commission (NAHC) must be contacted to determine the most likely descendant (MLD) for this area. The MLD may become involved with the disposition of the burial following scientific analysis.

Existing Mitigation Measure 4.7.1B: (See Impact 4.9.A, above, for the full text of this measure.)

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3. Finding on Significance for Impact 4.9.D

With implementation of, and compliance with, the above-listed existing laws, regulatory programs, General Plan policies, Riverside County Planning Department procedures and existing Mitigation Measures 4.7.1A and 4.7.1B from EIR No. 441, GPA No. 960 would have less than significant impacts on human remains and related artifacts, including those interred outside formal cemeteries.

4.9.7 Significance After Mitigation for Cultural and Paleontological Resources

Development and implementation activities resulting from the proposed project, General Plan Amendment No. 960, would be subject to a number of existing state and federal laws, General Plan policies, Riverside County Ordinance; Planning Department procedures, standard and tailored conditions of approval and existing Mitigation Measures 4.7.1A and 4.7.1B from EIR No. 441, as well as new Mitigation Measure 4.9.1-N1, as identified above. Collectively, these regulatory compliance and mitigation measures would reduce to below the level of significance any potential adverse changes in the significance of either archeological or historical resources, as they are defined in CCR Section 15064.5. The measures herein would also ensure that future impacts would neither directly nor indirectly destroy a unique paleontological resource or site, or unique geological feature. And, lastly, these measures would ensure that any impacts associated with the disturbance of any human remains, including those interred outside of formal cemeteries, would be less than significant. In total, these measures ensure that any significant adverse impacts to cultural resources resulting from future development accommodated by GPA No. 960 would be mitigated to below the level of significance.

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County of Riverside Environmental Impact Report No. 521 4.9-50 Public Review Draft § February 2015