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HomeMy WebLinkAboutSWCA_163 Serrano Heights Phase I Archaeologica September 21, 2020 Kyle Bell City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3218 RE: Phase I Archaeological Survey for the 163 Serrano Heights Subdivision Project, San Luis Obispo, San Luis Obispo County, California / SWCA No. 27640.24 Dear Mr. Bell: SWCA Environmental Consultants (SWCA) has completed an archaeological survey in support of the 163 Serrano Heights Drive Subdivision Project (project), a proposed subdivision of two existing parcels (Assessor’s Parcel Numbers [APNs] 052-061-043 and 052-061-044) in San Luis Obispo, San Luis Obispo County, California (Attachment A: Figures A-1 and A-2). This study includes a cultural resources records search, an archaeological survey of the project area, and the preparation of this technical memorandum documenting the results of the inventory and providing management recommendations. The proposed project includes the subdivision of the aforementioned parcels into four individual parcels to facilitate residential development on land in the R-1 (Low Density Residential) zone. The new parcels would range in size from 0.225 acres to 0.582 acres and be located at 163 Serrano Heights Drive, at the western edge of the city limits. Proposed development includes the construction of a 20-foot-wide access road across Proposed Parcels 1 and 2; a 12-foot-wide driveway across a portion of Proposed Parcel 2; an asphalt-concrete (AC) dike to be installed along the north side of the proposed access road beginning at Proposed Parcel 2 and terminating at a new catch basin on Proposed Parcel 1; new water, gas, and sewer lines installed under the proposed access road; new water meters to be installed on Existing Parcel 1 and Proposed Parcel 1; and two new fire hydrants. REGULATORY SETTING The current study was completed under the provisions of the California Environmental Quality Act (CEQA) (14 California Code of Regulations [CCR] Section 15064.5 and California Public Resources Code [PRC] Section 21083.2). CEQA requires a lead agency (in this case the City of San Luis Obispo [City]) to determine whether a project may have a significant effect on historical resources. Statutes of CEQA Sections 21083.2 and 21084.1, PRC Section 5024.1, and State CEQA Guidelines Section 15064.5 were used as the guidelines for the cultural resources study. PRC Section 5024.1 requires that any properties that can be expected to be directly or indirectly affected by a proposed project be evaluated for California Register of Historical Resources (CRHR) eligibility. The purpose of the CRHR is to maintain listings of the state’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from material impairment and substantial adverse change. The term “historical resources” includes a resource listed in, or determined to be eligible for listing in, the CRHR; a resource included in a local register of 163 Serrano Heights Subdivision Project Phase I Archaeological Survey 2 historical resources; and any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant (State CEQA Guidelines Section 15064.5[a]). The criteria for listing properties in the CRHR were expressly developed in accordance with previously established criteria developed for listing in the National Register of Historic Places (NRHP). According to PRC Section 5024.1(c)(1–4), a resource may be considered historically significant if it retains integrity and meets at least one of the following criteria. A property may be listed in the CRHR if the resource: (1) Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; (2) Is associated with the lives of persons important in our past; (3) Embodies the distinctive characteristics of a type, period, region or method of installation, or represents the work of an important creative individual, or possesses high artistic values; or (4) Has yielded, or may be likely to yield, information important in prehistory or history. Under CEQA, if an archaeological site is not a historical resource but meets the definition of a “unique archaeological resource” as defined in PRC Section 21083.2, then it should be treated in accordance with the provisions of that section. A unique archaeological resource is defined as: an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: (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. Resources that neither meet any of these criteria for listing on the CRHR nor qualify as a unique archaeological resource under CEQA PRC Section 21083.2 are viewed as not significant. Under CEQA, “A nonunique archaeological resource need be given no further consideration, other than the simple recording of its existence by the lead agency if it so elects” (PRC Section 21083.2[h]). Impacts that adversely alter the significance of a resource listed in or eligible for listing in the CRHR are considered a significant effect on the environment. Impacts to historical resources from the proposed project are thus considered significant if the project physically destroys or damages all or part of a resource, changes the character of the use of the resource or physical feature within the setting of the resource that contributes to its significance, or introduces visual, atmospheric, or audible elements that diminish the integrity of significant features of the resource. Senate Bill 18 Senate Bill (SB) 18 (California Government Code Section 65352.3) incorporates the protection of California traditional tribal cultural places into land use planning for agencies, counties, and cities. It establishes responsibilities for local governments to contact, refer plans to, and consult with California Native American tribes as part of the adoption or amendment of any general or specific plan proposed on 163 Serrano Heights Subdivision Project Phase I Archaeological Survey 3 or after March 1, 2005. SB 18 requires public notice to be sent to tribes listed on the Native American Heritage Commission (NAHC) SB 18 Tribal Consultation List within the geographical areas affected by the proposed changes. Tribes must respond to a local government notice within 90 days (unless a shorter time frame has been agreed upon by the tribe), indicating whether or not they want to consult with the local government. Consultations are for the purpose of preserving or mitigating impacts to places, features, and objects described in PRC Sections 5097.9 and 5097.993 that may be affected by the proposed adoption of or amendment to a general or specific plan. Assembly Bill 52 Assembly Bill (AB) 52 amended PRC Section 5097.94 and added PRC Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3. Consultation with Native Americans AB 52 formalizes the lead agency–tribal consultation process, requiring the lead agency to initiate consultation with California Native American groups that are traditionally and culturally affiliated with the project, including tribes that may not be federally recognized. As the lead agency, the City is required to begin consultation prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. Tribal Cultural Resources Section 4 of AB 52 adds PRC Section 21074(a) and (b), which address tribal cultural resources and cultural landscapes. Section 21074(a) defines tribal cultural resources as one of the following: (1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: (A) Included or determined to be eligible for inclusion in the California Register of Historical Resources. (B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. (2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. Section 1(a)(9) of AB 52 establishes that “a substantial adverse change to a tribal cultural resource has a significant effect on the environment.” Effects on tribal cultural resources should be considered under CEQA. Section 6 of AB 52 adds PRC Section 21080.3.2, which states that parties may propose mitigation measures “capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource.” Further, if a California Native American tribe requests consultation regarding project alternatives, mitigation measures, or significant effects to tribal cultural resources, the consultation shall include those topics (PRC Section 21080.3.2[a]). The environmental document and the mitigation monitoring and reporting program (where applicable) shall include any mitigation measures that are adopted (PRC Section 21082.3 [a]). 163 Serrano Heights Subdivision Project Phase I Archaeological Survey 4 METHODS Literature Search On September 10, 2020, SWCA requested a records search from the Central Coast Information Center (CCIC) of the California Historical Resources Information System (CHRIS), located at the University of California, Santa Barbara. Staff at the CCIC completed the CHRIS records searches of the project area and all areas within a 1/8-mile radius on September 14, 2020. The CCIC data includes the following sources of information, along with official maps and records: • National Register of Historic Places – Listed Properties • California Register of Historical Resources • California Inventory of Historical Resources • California State Historical Landmarks • California Points of Historical Interest • California Office of Historic Preservation Historic Property Directory and Determinations of Eligibility Prior Cultural Resources Studies The CCIC records search data revealed that no previously conducted cultural resources studies are located within the project area or within a 1/8-mile radius (Attachment B). Previously Recorded Cultural Resources The CCIC records search data revealed that no previously identified archaeological resources are located within the project area or within a 1/8-mile radius (Attachment B). Native American Consultation Sacred Lands File SWCA contacted the NAHC by email on September 10, 2020, requesting a review of the Sacred Lands File. The NAHC responded on September 14, 2020, indicating that the results of the search were positive (Attachment C); no additional information was provided regarding the positive results. SWCA assumes the City will conduct outreach with local tribes per their obligations under AB 52, as applicable for the project. FIELD METHODS SWCA Cultural Resources Lead Leroy Laurie conducted an intensive pedestrian survey of the project area on July 24, 2020, using parallel pedestrian transects spaced no more than 5 meters apart over the entire project area. The entire 1.56-acre project area was accessible and surface visibility range from poor (0–25 percent) in areas of existing development and dense vegetation to excellent (75–100 percent) in areas of cleared vegetation (Figures 1–4). All areas of exposed ground surface were examined for prehistoric artifacts (e.g., chipped stone tools and production debris, stone milling tools), historic artifacts (e.g., metal, glass, ceramics), soil discoloration that might indicate the presence of a cultural midden, linear features, soil depressions, and other features indicative of the former presence of historic structures or buildings (e.g., 163 Serrano Heights Subdivision Project Phase I Archaeological Survey 5 foundations). No archaeological resources were identified within the project area as a result of the field survey. Figure 1. View of project area, facing southeast. Figure 2. View of project area, facing west. 163 Serrano Heights Subdivision Project Phase I Archaeological Survey 6 Figure 3. Overview of the rear yard, facing west. Figure 4. Overview of the southern portion of the project area, facing southwest. 163 Serrano Heights Subdivision Project Phase I Archaeological Survey 7 DISCUSSION While the NAHC coordination indicated that the project area is in the general vicinity of archaeological resources, the CCIC records search and field survey did not identify the presence of archaeological resources within or adjacent to the project area. As defined by CEQA, no historical resources or unique archaeological resources were identified within the project area and no further archaeological study is recommended at this time. In the unlikely event that archaeological resources are exposed during project implementation, work should stop in the immediate vicinity, and an archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards 1 should be retained to evaluate the find and recommend relevant mitigation measures. In the event that human remains are discovered, State of California Health and Safety Code Section 7050.5 shall be followed. If you have any questions, please feel free to contact me directly at (805) 293-8330 or llaurie@swca.com. Sincerely, Leroy Laurie Cultural Resources Lead Attachments: A. Figures B. Records Search Results C. Native American Heritage Commission Correspondence 1 National Parks Service (NPS). 1983. Secretary of the Interior’s Standards and Guidelines. Available at: https://www.nps.gov/history/local-law/arch_stnds_0.htm. Accessed in February 2018. ATTACHMENT A Figures 163 Serrano Heights Subdivision Project Archaeological Survey Results A-1 Figure A-1. Project location and vicinity map. 163 Serrano Heights Subdivision Project Archaeological Survey Results A-2 Figure A-2. Project area map. ATTACHMENT B Records Search Results 9/14/2020 Leroy Laurie SWCA Environmental Consultants 1422 Monterey St. C200 San Luis Obispo, CA 93401 Re: 163 Serrano Heights Subdivision (SWCA No. 27640.24) The Central Coast Information Center received your record search request for the project area referenced above, located on the San Luis Obispo USGS 7.5’ quad(s). The following reflects the results of the records search for the project area and a one-eighth mile radius: As indicated on the data request form, the locations of reports and resources are provided in the following format:  custom GIS maps  shapefiles ☐ hand-drawn maps ☐ none Resources within project area: 0 N/A Resources within 1/8 mile radius: 0 N/A Reports within project area: 0 N/A Reports within 1/8 mile radius: 0 N/A Resource Database Printout (list): ☐ enclosed ☐ not requested  nothing listed Resource Database Printout (details): ☐ enclosed  not requested ☐ nothing listed Resource Digital Database Records: ☐ enclosed  not requested ☐ nothing listed Report Database Printout (list): ☐ enclosed  not requested ☐ nothing listed Report Database Printout (details): ☐ enclosed ☐ not requested  nothing listed Report Digital Database Records: ☐ enclosed  not requested ☐ nothing listed Resource Record Copies: ☐ enclosed ☐ not requested  nothing listed Report Copies: ☐ enclosed ☐ not requested  nothing listed OHP Historic Properties Directory: ☐ enclosed ☐ not requested  nothing listed Archaeological Determinations of Eligibility: ☐ enclosed ☐ not requested  nothing listed The following sources of information are available at http://ohp.parks.ca.gov/?page_id=28065. Some of these resources used to be available through the CHRIS but because they are now online, they can be accessed directly. The Office of Historic Preservation makes no guarantees about the availability, completeness, or accuracy of the information provided through the sources listed below. California State Lands Commission Shipwreck Database Caltrans Historic Bridge Inventory U.S. Geological Survey Historic Topographic Maps Rancho Plat Maps National Park Service National Register of Historic Places Nominations Natural Resource Conservation Service Soil Survey Maps US Bureau of Land Management General Land Office Records California Historical Landmarks Listing (by county) Five Views: An Ethnic Historic Site Survey for California (1988) Historical Soil Survey Maps Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above. The provision of California Historical Resources Information System (CHRIS) data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Requests made after initial invoicing will result in the preparation of a separate invoice. Thank you for using the CHRIS. Sincerely, Matthew V.C. LoBiondo Assistant Coordinator 163 Serrano Heights Subdivision (SWCA No. 27640.24) Customer Name: SWCA Environmental Consultants - Leroy Laurie Project Location: San Luis Obispo Negative Result Map Central Coast Information Center Departm ent of Anthropology University of California Santa Barbara, CA 93106-3210 (805) 893-2474 (805) 893-8707 FAX¤ 0 40 80 120 16020Meters Legend Project Lo cation One-eighth Mile Radius ATTACHMENT C Native American Heritage Commission Correspondence STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMISSION Page 1 of 1 September 15, 2020 Leroy Laurie SWCA Environmental Consultants Via Email to: llaurie@swca.com Re: 163 Serrano Heights (SWCA Project No. 27640.24) Project, San Luis Obispo County Dear Mr. Laurie: A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were positive. Please contact all the tribes on the attached list for more information. Other sources of cultural resources should also be contacted for information regarding known and recorded sites. Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received. If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information. If you have any questions or need additional information, please contact me at my email address: Sarah.Fonseca@nahc.ca.gov. Sincerely, Sarah Fonseca Cultural Resources Analyst Attachment CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash SECRETARY Merri Lopez-Keifer Luiseño PARLIAMENTARIAN Russell Attebery Karuk COMMISSIONER Marshall McKay Wintun COMMISSIONER William Mungary Paiute/White Mountain Apache COMMISSIONER Julie Tumamait- Stenslie Chumash COMMISSIONER [Vacant] COMMISSIONER [Vacant] EXECUTIVE SECRETARY Christina Snider Pomo NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov Barbareno/ Ventureno Band of Mission Indians Raudel Banuelos, 331 Mira Flores Camarillo, CA, 93012 Phone: (805) 427 - 0015 Chumash Barbareno/ Ventureno Band of Mission Indians Patrick Tumamait, 992 El Camino Corto Ojai, CA, 93023 Phone: (805) 216 - 1253 Chumash Barbareno/ Ventureno Band of Mission Indians Eleanor Arrellanes, P. O. Box 5687 Ventura, CA, 93005 Phone: (805) 701 - 3246 Chumash Barbareno/Ventureno Band of Mission Indians Julie Tumamait-Stenslie, Chairperson 365 North Poli Ave Ojai, CA, 93023 Phone: (805) 646 - 6214 jtumamait@hotmail.com Chumash Chumash Council of Bakersfield Julio Quair, Chairperson 729 Texas Street Bakersfield, CA, 93307 Phone: (661) 322 - 0121 chumashtribe@sbcglobal.net Chumash Coastal Band of the Chumash Nation Mariza Sullivan, Chairperson P. O. Box 4464 Santa Barbara, CA, 93140 Phone: (805) 665 - 0486 cbcntribalchair@gmail.com Chumash Northern Chumash Tribal Council Fred Collins, Spokesperson P.O. Box 6533 Los Osos, CA, 93412 Phone: (805) 801 - 0347 fcollins@northernchumash.org Chumash San Luis Obispo County Chumash Council Mark Vigil, Chief 1030 Ritchie Road Grover Beach, CA, 93433 Phone: (805) 481 - 2461 Fax: (805) 474-4729 Chumash Santa Ynez Band of Chumash Indians Kenneth Kahn, Chairperson P.O. Box 517 Santa Ynez, CA, 93460 Phone: (805) 688 - 7997 Fax: (805) 686-9578 kkahn@santaynezchumash.org Chumash yak tityu tityu yak tiłhini – Northern Chumash Tribe Mona Tucker, Chairperson 660 Camino Del Rey Arroyo Grande, CA, 93420 Phone: (805) 748 - 2121 olivas.mona@gmail.com Chumash 1 of 1 This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code. This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed 163 Serrano Heights (SWCA Project No. 27640.24) Project, San Luis Obispo County. PROJ-2020- 004924 09/15/2020 08:42 AM Native American Heritage Commission Native American Contact List San Luis Obispo County 9/15/2020