3.1 Cultural and Tribal Cultural Resources This section describes the existing conditions related to cultural and tribal cultural resources within the area of potential effect (APE), and evaluates the potential for impacts to cultural and tribal cultural resources due to implementation of the proposed Sunroad Commercial Project (project). Information in the following section is based on the Cultural Resources Study prepared by ASM Affiliates, Inc., in 2018, which is included as Appendix B. 3.1.1 Environmental Setting The proposed study area for cultural and tribal cultural resources has been defined as an APE that considers the whole project site (4.12 acres). The project area is located in the Peninsular Ranges geomorphic province. This geomorphic province encompasses an area that extends approximately 900 miles from the Transverse Ranges and the Los Angeles Basin south to the southern tip of Baja California. The province varies in width from approximately 30 to 100 miles. In general, the province consists of rugged mountains underlain by Jurassic metavolcanic and metasedimentary rocks, and Cretaceous igneous rocks of the southern California batholith. The proposed project is located in the coastal portion of the province in San Diego County, where the metamorphic and granitic basement rocks are overlain by sedimentary materials that are Cretaceous, Tertiary, and Quaternary age. The project site is situated within the Coastal Plain of the Peninsular Ranges geomorphic province, where the metamorphic and granitic basement rocks are overlain by sedimentary materials that are Cretaceous, Tertiary, and Quaternary age. The entire APE was roughly graded during the construction of State Route 78. Based on historical aerial photographs and topographic maps, the property appears to have been developed for residential purposes in 1946. These residential structures were removed by 1997. The lot has been vacant in its current condition. It appears that the site has been used for parking and storage. 3.1.1.1 Known Cultural Resources Records Search A records search was conducted at the South Coastal Information Center, located at San Diego State University. The records search provided a review of existing cultural resources, including historic buildings, structures, and objects that were previously identified within a one-mile radius of the project site. The results of the California Historical Resources Information System (CHRIS) records search were received on August 15, 2018. CHRIS records identified 53 previous reports that address areas within a one-mile radius of the project site. Of these reports, only five reports intersect the project APE (see Table 3.1-1). CHRIS records also indicate the presence of 28 previously recorded cultural resources within a one-mile radius of the project DEIR 3.1-1 October 2019 Sunroad Commercial Project APE (see Table 3.1-2). None of these intersect the APE. In addition, 15 unique historic addresses were identified within the one-mile radius. Table 3.1-1. Summary of Previous Reports that Intersect the Project APE IC File No. NADB No. Authors Year Title Affiliation SD-03075 1123075 Carrico, Richard, 1995 Historic Property Survey Ogden Andrew Pigniolo, Brian Report for the State Route 78 Environmental Glenn, and Kathleen Corridor Enhancement and Energy Crawford Project, II-SD-78, P.M. 5.3- Services Co. 9.8, 965100, City of Vista, California SD-04110 1124110 Whitehouse, John 1990 A Cultural Resource Survey RECON of the Melrose and Hacienda Commercial Center, City of Vista, California SDI-07274 1127274 Carrico, Richard 1995 Historic Property Survey Ogden Report for the State Route 78 Environmental Corridor Enhancement and Energy Project, 11-SD-78, P.M. 5.3- Services Co. 9.8, 965100 City of Vista, California SDI-11228 1131228 Marben-Laird 1987 Historic Resource Survey, a Marben-Laird Associates Project of the City of Vista, Associates California SD-11524 1131524 Rosenberg, Seth A., 2007 A Cultural Resources Brian F. Smith Adriane Dorrler, and Evaluation for the Vista and and Associates Brian F. Smith Buena Sanitation District 2007 Sewer Master Plan Update Source: Appendix B. DEIR 3.1-2 October 2019 Sunroad Commercial Project Table 3.1-2. Summary of Cultural Resources within One-Mile of the Project APE Primary No. Trinomial No. Proximity to (P-37-) (CA-SDI-) Recorder, Year Site Attributes APE (m) 638 638 Wallace 1958, Ezell 1972, Lithic scatter, Ceramic scatter, Bedrock 1,584 Hedges 1977 milling feature, Pictographs 640 640 Wallace 1958 Lithic scatter 1,497 641 641 Wallace 1958 Lithic scatter, Habitation debris 1,343 642 642 Wallace 1958 Bedrock milling feature 1,129 643 643 Wallace 1958 Lithic scatter, Habitation debris 1,155 644 644 Wallace 1958, Serr and Lithic scatter 728 Hoffman 2009, 2011 645 645 Wallace 1959 Habitation debris 1,408 646 646 Wallace 1958 Lithic scatter, Habitation debris, Shell 544 scatter 15574 15574 James, Bark, and Cooley Foundations/structure pads 1,225 (Ogden) 1996, Gallegos 2007 15575 15575 James, Bark, and Cooley Foundations/structure pads 964 (Ogden) 1996, Gallegos 2007 25151 Marvin (LSA) 2003 Single family property, Ancillary building 1,234 25152 Marvin (LSA) 2003 Single family property 1,007 25153 Marvin (LSA) 2003 Single family property, Commercial 721 building 25154 Marvin (LSA) 2003 Single family property, Commercial 673 building 28764 Marben-Laird Associates Commercial building 1,078 1987 28766 Marben-Laird Associates Commercial building 990 1987 28770 Marben-Laird Associates Single family property 822 1987 28772 Marben-Laird Associates Theater 1,169 1987 28773 Marben-Laird Associates Community center/social hall 807 1987 28775 Marben-Laird Associates Commercial building 1,136 1987 28776 Marben-Laird Associates Railroad depot 1,177 1987 28777 Marben-Laird Associates Park 1,587 1987 28778 Marben-Laird Associates Commercial building 1,129 1987 36153 Castells (ASM) 2015 Ancillary building 1,401 DEIR 3.1-3 October 2019 Sunroad Commercial Project Table 3.1-2. Summary of Cultural Resources within One-Mile of the Project APE Primary No. Trinomial No. Proximity to (P-37-) (CA-SDI-) Recorder, Year Site Attributes APE (m) 36435 Davison, Falvey, and Diaz de Trash scatter 677 Leon (Helix) 2017 36621 Garrison and Ellis (Brian Trash scatter 559 Smith Assoc.) 2017 36622 Garrison and Ellis (Brian Single family property 528 Smith Assoc.) 2017 36623 Garrison and Ellis (Brian Single family property 489 Smith Assoc.) 2017 Source: Appendix B. Of the 28 previously recorded cultural resources within the one-mile search radius of the project APE, eight are prehistoric sites, four are historic-period sites, and 16 are historic buildings. Additionally, 15 historic addresses occur within the one-mile search radius. However, none of the previously recorded cultural historical resources intersect the project APE. 3.1.2 Regulatory Setting 3.1.2.1 Federal Native American Graves Protection and Repatriation Act The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law passed in 1990. NAGPRA provides a process for museums and federal agencies to return certain Native American cultural items—human remains, funerary objects, sacred objects, or objects of cultural patrimony—to lineal descendants and culturally affiliated Native American tribes and Native Hawaiian organizations. NAGPRA includes provisions for unclaimed and culturally unidentifiable Native American cultural items, intentional and inadvertent discovery of Native American cultural items on federal and tribal lands, and penalties for noncompliance and illegal trafficking. Federal curation regulations are also provided in Title 36, Part 79, of the Code of Federal Regulations, which apply to collections that are excavated or removed under the authority of the Archaeological Resources Protection Act (16 USC 470[aa–mm]), the Reservoir Salvage Act (16 USC 469–469[c]), or Section 110 of the National Historic Preservation Act (16 USC 470[h-2]). National Historic Preservation Act Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. The Section 106 process involves efforts to identify historic properties potentially affected by the undertaking; assess its effects; and seek ways to avoid, minimize, or mitigate any adverse effects on historic properties. DEIR 3.1-4 October 2019 Sunroad Commercial Project In order to help identify these historic properties and provide community involvement, consulting parties are identified through coordination with the appropriate State Historic Preservation Officer and/or Tribal Historic Preservation Officer. The National Historic Preservation Act established the National Register of Historic Places (NRHP) as the official federal list of cultural resources that have been nominated by state offices for their historic significance at the local, state, or national level. Listing on the NRHP assists in preservation of historic properties through the following actions: formal recognition of a property’s historic, architectural, or archaeological significance; consideration in planning for federal, federally licensed, or federally assisted projects; eligibility for federal tax benefits; consideration of historic values in the decision to issue a surface mining permit; and qualification for federal grants for historic preservation, when funds are available. 3.1.2.2 State California Assembly Bill