All of the 65 units would be moderate for-salerent affordable units.
Pages 2-7 and 2-9, 2.4 Project Characteristics, Exhibit 2-4a – Proposed Elevations and Exhibit 2-4b – Proposed Elevations
Since preparation of the Public Review IS/MND for the project, the project applicant has incorporated revisions to architectural features of the project. As such, Exhibits 2-4a and 2-4b, Proposed Elevations, have been revised and incorporated into this Final IS/MND; refe r to Part 1, Initial Study/Mitigated Ne gative Declaration, of this document for the revised exhibits.
As discussed in Section 4.14, Population and Housing , using an estimate of 2.91 persons per dwelling unit for residential development in the City (based on Draft 2021-2029 Housing Element), the proposed project (65 moderate for-salerent affordable units) could generate approximately 190 residents.
Using an estimate of 2.91 persons per dwelling unit for residential development in the City (based on Draft 2021- 2029 Housing Element), the proposed project (65 moderate for-salerent affordable units) could generate approximately 190 residents.
Using an estimate of 2.91 persons per dwelling unit for residential development in the City (based on Draft 2021- 2029 Housing Element), the proposed project (65 moderate for-salerent affordable units) could generate approximately 190 residents.
Pages 4.18-2 through 4.18-4, 4.18 Tribal Cultural Resources Mitigation Measures:
TCR-1 Prior to the commencement of any ground disturbing activity at the project site, the project Applicant shall retain a Native American Monitor approved by the Gabrieleño Band of Mission Indians-Kizh Nation (Tribe) and is listed under the Native American Heritage Commission’s (NAHC) tribal contact list for the project area. The Tribal monitor shall only be present during the construction phases that involve ground-disturbing activities associated with project implementation. Ground disturbing activities are defined as activities that
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may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. A copy of the executed contract shall be submitted to the City of Fullerton prior to the issuance of any permit necessary to commence ground-disturbing activity. The Tribal Monitor shall complete daily monitoring logs that provide descriptions of the relevant ground disturbing activities, including construction activities, locations, soil, and any cultural materials identified. Monitor logs shall identify and describe any discove red tribal cultural resources, including but not limited to, Native American cultural and historical artifacts, remains, and places of significance. Copies of monitor logs shall be provided to the project Applicant/City of Fullerton upon written request to the Tribe. The on-site monitoring shall end when (1) written confirmation to the Tribe from a designated point of contact for the project Applicant th at all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Tribe to the project Applicant that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact tribal cultural resources. Upon discovery of any tribal cultural resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 50 feet) until the find can be assessed. All tribal cultural resources unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal Monitor. If the resources are Native American in origin, the Tribe will retain the tribal cultural resources in the form and/or manner the Tribe deems appropriate, including for educational, cultural, and/or historic purposes.
If human remains and/or associated grave goods are discovered or recognized at the project site, all ground disturbance shall immediately cease, and the County Coroner and Native American Heritage Commission shall be notified, and consultation with the individual identified by the Native American Heritage Commission to be the most likely descendant shall be conduc ted per Public Resources Code Section 5097.98, and Health and Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code Section 5097.98(d)(1) and (2). Construction activities may resume in other parts of the project site at a minimum of 200 feet away from the discovered human remains and/or burial goods, if the Tribe determines in its sole disc retion that resuming construction activities at that distance is acceptable and provides the project mana ger express consent of that determination and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]). Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered Native American human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-tribal cultural resources) shall be curated at a public, non-profit instit ution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
As the Most Likely Descendant, the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations shall either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted
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outside of working hours. The Tribe shall make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials be removed. In the event preservation in place is not possible despite good faith efforts by the project Applicant and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. Each occurrence of human remains and associated funerary objects shall be stored using opaque cloth bags. All human re mains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on-site, if possible. These items shall be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. The Tribe shall work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive no tes and sketches. All data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does not authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
The project Applicant shall retain a Native American Monitor approved by the Gabrieleño Band of Mission Indians – Kizh Nation (Tribe). The monitor shall be retained prior to the commencement of any “ground- disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity ” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree re moval, boring, grading, excavation, drilling, and trenching. This monitoring effort shall include the following:
A. A copy of the executed monitoring agreement shall be submitted to the City of Fullerton prior to the earlier of the commencement of any ground-dist urbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
B. The monitor shall complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance. Monito r logs will identify and describe any discovered tribal cultural resources, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (col lectively, tribal cultural resources), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project Applicant and City of Fullerton.
C. On-site tribal monitoring shall conclude upon the latter of the following: 1) written confirmation to the Tribe from a designated point of contact for the project Applicant that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Tribe to the project Applicant and City of Fullerton that no futu re, planned construction activity and/or development/construction phase at the project site possesses the potential to impact tribal cultural resources.
Additionally, in the event tribal cultural resources are discovered, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less t han the surrounding 50 feet) and shall not resume until the discovered tribal cultural resource has been fully assessed by the tribal monitor and/or archaeologist.
The City of Fullerton shall consult with the Tribe and interested tribes as to the resource’s significance pursuant to criteria set forth in subdivision (c) of Public Resources Code (PRC) Section 5024.1. If the
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resource is determined to be significant and avoidance is not feasible then the qualified archaeologist shall prepare a treatment plan, anticipated to include data recovery excavation, in consultation with the Tribe and interested tribes for the review and concurrence of the State Historic Preservation Officer in compliance with 36 CFR 800.13(b) (Post Review Discoveries). The treatment plan shall include provisions for the final disposition of finds, potentially including curation at a facility meeting the Secretary of Interior’s minimum standards for curation facilities (36 CFR 79.9), such as the Natural History Museum of Los Angeles County or the Fowler Museum at the University of California, Los Angeles.
In the event of unanticipated discovery of human remains and/or associated funerary or ceremonial objects, the following shall be implemented:
A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
PART IV: MITIGATION MONITORING &
REPORTING PROGRAM
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4.0 MITIGATION MONITORING
AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures t hat environmental impacts found to be significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, Table 1, Mitigation Monitoring and Reporting Checklist , has been prepared for the Pointe Common Affordable Housing Project (project). This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable mitigation measures relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the project file.
This Mitigation Monitoring and Reporting Program (MMRP) delineates resp onsibilities for monitoring the project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation Monitoring and Reporting Checklist (Table 1). If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation.
Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps:
The City distributes reporting forms to the appropriate entities for verification of compliance.
Departments/agencies with reporting responsibilities will review the IS/MND, which provides general background information on the reasons for including specified mitigation measures.
Problems or exceptions to compliance will be addressed to the City as appropriate.
Periodic meetings may be held during project implementation to report on compliance of mitigation measures.
Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review.
The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts.
Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals.
Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution, or deletion of mitigation
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Mitigation Monitoring and Reporting Checklist
Mitigation
Number Mitigation Measure Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
BIOLOGICAL RESOURCES
BIO-1
If ground-disturbing activities or
removal of any trees, shrubs, or any
other potential nesting habitat are
scheduled within the avian nesting
season (generally from January 1
through August 31), a qualified biologist
retained by the Applicant shall conduct
a pre-construction clearance survey for
nesting birds within three days prior to
any ground disturbing activities.
The biologist conducting the clearance
survey shall document the negative
results if no active bird nests are
observed on the project site during the
clearance survey with a brief letter
report indicating that no impacts to
active bird nests would occur before
construction can proceed. If an active
avian nest is discovered during the pre-
construction clearance survey,
construction activities shall stay outside
of a 300-foot buffer around the active
nest. For raptor species, this buffer
shall be 500 feet. The biologist shall be
present to delineate the boundaries of
the buffer area and to monitor the active
Project
Applicant;
Construction
Contractor;
Qualified
Biologist
Prior to
Commencement
of Construction
Activities;
During
Construction
City of
Fullerton
Community
and Economic
Development
Department
Prior to
Commencement
of Construction
Activities;
During
Construction
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Timing
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nest to ensure that nesting behavior is
not adversely affected by the
construction activity. Results of the pre-
construction survey and any
subsequent monitoring shall be
provided to the City of Fullerton
Community and Economic
Development Departm ent, California
Department of Fish and Wildlife, and
other appropriate a
gency(ies).
CULTURAL RESOURCES
CUL-1
In the event that any subsurface
cultural resources are encountered
during earth-moving activities, all work
within 50 feet shall halt and the project
Applicant shall retain an archaeologist
who meets the Secretary of the
Interior’s Professional Qualification
Standards for archaeology to evaluate
the findings and make appropriate
recommendations. The archaeologist
may evaluate the find in accordance
with federal, State, and local guidelines,
including those set forth in the
California Public Resources Code
Section 21083.2, to assess the
significance of the find and identify
avoidance or other measures as
appropriate. If the discovery proves to
be significant under the California
Environmental Quality Act (CEQA),
additional work such as data recover
y
Project
Applicant;
Construction
Contractor;
Qualified
Archaeologist
During Ground-
Disturbing
Activities
City of
Fullerton
Community
and Economic
Development
Department
During Ground-
Disturbing
Activities
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Responsibility
Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
excavation shall be conducted to
mitigate any significant impacts.
GEOLOGY AND SOILS
GEO-1
Prior to the issuance of grading and/or
building permits, the Project Applicant
shall ensure that all improvements
conform to existing building
requirements of the California Building
Code (CBC) in order to minimize the
potential for damage and major injury
due to seismic and geotechnical
hazards. In addition, the Project
Applicant shall ensure that the various
recommendations provided within the
Geotechnical Report related to
grading/earthwork, foundations, slabs,
and other construction/design
parameters are implemented. These
CBC and geotechnical
recommendations shall be indicated on
project plans and specifications, to the
satisfaction of the City of Fullerton
Public Works Engineering Section.
Project
Applicant;
Construction
Contractor
Prior to
Issuance of a
Grading Permit
and/or Building
Permit
City of
Fullerton
Public Works
Engineering
Section
Prior to Issuance
of a Grading
Permit and/or
Building Permit;
Review of
Project Plans
and
Specifications
GEO-2
The Project Applicant shall provide full-
time paleontological monitoring during
ground disturbance in undisturbed
geologic contexts (i.e., bedrock and
outcrops below existing asphalt and
base) which have the potential to
contain significant paleontological
resources. Ground disturbance refers
to activities that would impact
subsurface geologic deposits, such as
Project
Applicant;
Qualified
Paleontologist
Prior to
Commencement
of Construction
Activities;
During Ground-
Disturbing
Activities
City of
Fullerton
Community
and Economic
Development
Department
Prior to
Commencement
of Construction
Activities; During
Ground-
Disturbing
Activities
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Number Mitigation Measure Implementation
Responsibility
Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
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grading, excavation, and boring.
Activities taking place in current topsoil
or within previously disturbed fill
sediments (e.g., clearing, grubbing,
pavement rehabilitation) do not require
paleontological monitoring.
Prior to grading or excavation in
sedimentary rock material other than
topsoil, the Project Applicant shall
retain a Society of Vertebrate
Paleontology (SVP)-qualified
paleontologist to monitor or supervise
the monitoring of earth-moving
activities by a paleontological monitor.
If any paleontological resources are
discovered during construction or
during any ground-disturbance
activities at any depth, the
paleontological monitor, in discussion
with the qualified paleontologist, shall
notify the on-site construction
supervisor, who shall temporarily halt
work or redirect all such activities within
100 feet of the discovery.
At this time, the Pr oject Applicant shall
consult with the qualified paleontologist
to assess the significance of the find to
determine the appropriate treatment.
The assessment will follow SVP (2010)
standards for identification, evaluation,
disclosure, avoidance, recovery, and/or
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Monitoring
Responsibility
Monitoring
Timing
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Initials Date Remarks
curation, as appropriate. If any find is
determined to be significant,
appropriate avoidance measures
recommended by the qualified
paleontologist must be followed unless
avoidance is determined to be
unnecessary or infeasible. If avoidance
is unnecessary or infeasible, other
appropriate measures (e.g., data
recovery, excavation) shall be
instituted. The recommendations of the
qualified paleontologist shall be
implemented with respect to the
evaluation and recovery of fossils, after
which the on-site construction
supervisor shall be notified and work
may continue in the location of the fossil
discovery. Any fossils recovered during
mitigation shall be cleaned, identified,
catalogued, and permanently curated
with an accredited and permanent
scientific institution with a research
interest in the materials.
If no fossils have been recovered after
50 percent of excavation has been
completed, full-time monitoring may be
modified to weekly spot-check
monitoring at the discretion of the
qualified paleontologist. The qualified
paleontologist may recommend a
reduction in paleontological monitoring
based on observations of specific site
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Implementation
Timing
Monitoring
Responsibility
Monitoring
Timing
Verification of Compliance
Initials Date Remarks
conditions during initial monitoring
(e.g., if the geologic setting precludes
the occurrence of fossils). The
recommendation to reduce or
discontinue paleontological monitoring
shall be based on the professional
opinion of the qualified paleontologist
regarding the potential for fossils to be
present after a reasonable extent of the
geology and stratigraphy has been
evaluated.
A qualified professional paleontologist
is a professional with a graduate
degree in paleontology, geology, or
related field, with demonstrated
experience in the vertebrate,
invertebrate, or botanical paleontology
of California, as well as at least one
year of full-time professional
experience or equivalent specialized
training in paleontological research
(i.e., the identification of fossil deposits,
application of paleontological field and
laboratory procedures and techniques,
and curation of fossil specimens), and
at least four months of supervised field
and analytic experience in general
North American paleontology (SVP
2010).
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HAZARDS AND HAZARDOUS MATERIALS
HAZ-1
Soils Management Plan . In the event
that any underground storage tanks or
substantial soil co ntamination is
encountered during site grading, work
shall immediately cease in the area and
the Project Applicant shall notify the
City of Fullerton Fire Department and
City of Fullerton Community
Development Department, and retain a
qualified hazardous materials engineer
to assess the impacts and prepare a
response plan using risk-based
cleanup standards applicable to
residential land uses. Upon approval of
the response plan by the City of
Fullerton Fire Department or other
agency, as applicable, the engineer
shall obtain any required permits,
oversee the removal of such features,
and/or conduct the response work to
the satisfaction of the City of Fullerton
Fire Department or other agency, as
applicable, until closure status is
attained.
Project
Applicant;
Construction
Contractor;
Qualified
Hazardous
Materials
Engineer
During Ground-
Disturbing
Activities
City of
Fullerton Fire
Department;
City of
Fullerton
Community
and Economic
Development
Department
During Ground-
Disturbing
Activities
TRANSPORTATION
TRA-1
Prior to issuance of grading permits, the
Project Applicant shall prepare a Traffic
Management Plan (TMP) for approval
by the City of Fullerton Traffic Engineer.
The TMP shall include measures such
as construction signage, limitations on
timing for lane closures to avoid peak
hours, temporary striping plans, and the
need for a construction fla
gperson to
Project
Applicant;
Construction
Contractor
Prior to
Issuance of a
Grading Permit;
During
Construction
City of
Fullerton
Traffic
Engineer; City
of Fullerton
Community
and Economic
Development
Department
Prior to Issuance
of a Grading
Permit; During
Construction
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use. The TMP shall specify that one
direction of travel in each direction must
always be maintained along West
Commonwealth Avenue throughout
project construction duration.
Pedestrian sidewalks and bus stops
shall remain open and accessible, to
the greatest extent feasible, during
construction or shall be re-routed to
ensure continued connectivity while
maintaining Americans with Disabilities
Act (ADA) accessibility. The TMP shall
be incorporated into project
specifications for ve rification prior to
final plan approval.
TRIBAL CULTURAL RESOURCES
TCR-1
The project Applicant shall retain a
Native American Monitor approved by
the Gabrieleño Band of Mission Indians
– Kizh Nation (Tribe). The monitor shall
be retained prior to the commencement
of any “ground-disturbing activity” for
the subject project at all project
locations (i.e., both on-site and any off-
site locations that are included in the
project description/definition and/or
required in connection with the project,
such as public improvement work).
“Ground-disturbing activity” shall
include, but is not limited to, demolition,
pavement removal, potholing,
auguring, grubbing, tree removal,
boring, grading, excavation, drilling,
Project
Applicant;
Native American
Monitor;
Qualified
Archaeologist
Prior to
Commencement
of Ground
Disturbing
Activities;
During Ground-
Disturbing
Activities
City of
Fullerton
Community
and Economic
Development
Department
Prior to
Commencement
of Ground
Disturbing
Activities; During
Ground-
Disturbing
Activities
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shall include the following:
A. A copy of the executed
monitoring agreement shall be
submitted to the City of Fullerton
prior to the earlier of the
commencement of any ground-
disturbing activity, or the issuance of
any permit necessary to commence
a ground-disturbing activity.
B. The monitor shall complete
daily monitoring logs that will
provide descriptions of the relevant
ground-disturbing activities, the type
of construction activities performed,
locations of ground-disturbing
activities, soil types, cultural-related
materials, and any other facts,
conditions, materials, or discoveries
of significance. Monitor logs will
identify and describe any
discovered tribal cultural resources,
including but not limited to, Native
American cultural and historical
artifacts, remains, places of
significance, etc., (collectively, tribal
cultural resources), as well as any
discovered Native American
(ancestral) human remains and
burial goods. Copies of monitor logs
will be provided to the project
Applicant and City of Fullerton.
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conclude upon the latter of the
following: 1) written confirmation to
the Tribe from a designated point of
contact for the project Applicant that
all ground-disturbing activities and
phases that may involve ground-
disturbing activities on the project
site or in connection with the project
are complete; or (2) a determination
and written notification by the Tribe
to the project Applicant and City of
Fullerton that no future, planned
construction activity and/or
development/construction phase at
the project site possesses the
potential to impact tribal cultural
resources.
Additionally, in the event tribal cultural
resources are discovered, all
construction activities in the immediate
vicinity of the discovery shall cease
(i.e., not less than the surrounding 50
feet) and shall not resume until the
discovered tribal cultural resource has
been fully assessed by the tribal
monitor and/or archaeologist. The City
of Fullerton shall consult with the Tribe
and interested tribes as to the
resource’s significance pursuant to
criteria set forth in subdivision (c) of
Public Resources Code (PRC) Section
5024.1. If the resource is determined to
be si
gnificant and avoidance is not
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archaeologist shall prepare a treatment
plan, anticipated to include data
recovery excavation, in consultation
with the Tribe and interested tribes for
the review and concurrence of the State
Historic Preservation Officer in
compliance with 36 CFR 800.13(b)
(Post Review Discoveries). The
treatment plan shall include provisions
for the final disposition of finds,
potentially including curation at a facility
meeting the Secretary of Interior’s
minimum standards for curation
facilities (36 CFR 79.9), such as the
Natural History Museum of Los Angeles
County or the Fowler Museum at the
University of California, Los Angeles.
In the event of unanticipated discovery
of human remains and/or associated
funerary or ceremonial objects, the
following shall be implemented:
A. Native American human
remains are defined in PRC
5097.98 (d)(1) as an inhumation or
cremation, and in any state of
decomposition or skeletal
completeness. Funerary objects,
called associated grave goods in
Public Resources Code Section
5097.98, are also to be treated
according to this statute.
POINTE COMMON AFFORDABLE HOUSING PROJECT
Final Initial Study/Mitigated Negative Declaration
March 2023 4-14 Mitigation Monitoring and Reporting Program B. If Native American human
remains and/or grave goods are
discovered or recognized on the
project site, then Public Resource
Code 5097.9 as well as Health and
Safety Code Section 7050.5 shall
be followed.
C. Human remains and
grave/burial goods shall be treated
alike per California Public
Resources Code section
5097.98(d)(1) and (2).
D. Preservation in place (i.e.,
avoidance) is the preferred manner
of treatment for discovered human
remains and/or burial goods.
E. Any discovery of human
remains/burial goods shall be kept
confidential to prevent further
disturbance.