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HomeMy WebLinkAbout!Ch 05.07 Cult 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-1 City of Chula Vista November 2013 5.7 Cultural and Paleontological Resources This section describes cultural and paleontological resources within Village 8 West and evaluates the potential for impacts to cultural and paleontological resources due to implementation of the SPA Plan and TM. As stated in Section 2.3, Purpose and Legal Authority, this EIR tiers from the 2013 GPA/GDPA SEIR (09- 01). The SEIR did not address cultural or paleontological resources, but relies on analysis in the 2005 GPU EIR (EIR 05-01) and the 1993 Program EIR for the GDP (EIR 90-01). The cultural resources discussions in this EIR are based on the project-level Cultural Resources Survey and Test for Otay Ranch Village 8 West, prepared by Gallegos and Associates in February 2009, and updated by Noah Archaeological Consulting in July 2010, provided in Appendix F1 of this EIR. The paleontological resource discussion is based on the Technical Report, Paleontological Resource Assessment, Otay Ranch–Parcel B– Village 8 West, prepared by the Department of PaleoServices, San Diego Natural History Museum (SDNHM), in September 2010, provided in Appendix F2 of this EIR. These studies update the applicable information in the previously certified EIRs. 5.7.1 Existing Conditions A. Regulatory Framework 1. Federal a. National Register of Historic Places First authorized by the Historic Sites Act of 1935, the National Register of Historic Places (National Register) was established by the National Historic Preservation Act (NHPA) of 1966, CFR Title 36, Section 60.2, as “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.” The National Register recognizes properties that are significant at the national, state and local levels. b. Native American Graves Protection and Repatriation Act Enacted in 1990, Native American Graves Protection and Repatriation Act (NAGPRA) conveys to American Indians of demonstrated lineal decent, the human remains and funerary or religious items that are held by federal agencies and federally supported museums, or that have been recovered from federal lands. It also makes the sale or purchase of American Indian remains illegal, whether or not they derive from federal or Indian lands. 2. State a. California Register of Historical Resources The California Office of Historic Preservation (OHP), as an office of the California Department of Parks and Recreation, implements the policies of the NHPA on a statewide level. The OHP also maintains the California Historic Resources Inventory. The State Historic Preservation Officer (SHPO) is an appointed official who implements historic preservation programs within the State’s jurisdictions. 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-2 City of Chula Vista November 2013 Created by Assembly Bill (AB) 2881 which was signed into law on September 27, 1992, the California Register of Historic Resources (CRHR) is defined by Section 5024.1(a) of the Public Resources Code (PRC) as “an authoritative listing and guide to be used by state and local agencies, private groups, and citizens in identifying the existing historical resources of the state and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change.” The criteria for eligibility for the California Register are based upon National Register criteria (PRC Section 5024.1(b)). Certain resources are determined by the statute to be automatically included in the California Register, including California properties formally determined eligible for, or listed in, the National Register of Historic Places (PRC Section 5024.1(d)). To be eligible for the California Register, a prehistoric or historic property must be significant at the local, state, and/or federal level under one or more of the following criteria: 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 construction, 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. A resource eligible for the California Register must meet one of the criteria of significance described above, and it must retain enough of its historic character or appearance (integrity) to be recognizable as a historical resource and to convey the reason for its significance. It is possible that a historic resource may not retain sufficient integrity to meet the criteria for listing in the National Register, but it may still be eligible for listing in the California Register. Additionally, the California Register consists of resources that are listed automatically and those that must be nominated through an application and public hearing process. The California Register automatically includes the following: 1. California properties listed on the National Register and those formally determined eligible for the National Register. 2. California Registered Historical Landmarks from No. 770 onward. 3. Those California Points of Historical Interest that have been evaluated by the OHP and have been recommended to the State Historical Commission for inclusion on the California Register. Other resources that may be nominated to the California Register include: 1. Historical resources with a significance rating of identified as eligible for listing in the National Register of Historic Places, the California Register of Historical Resources, and/or a local jurisdiction register. 2. Individual historical resources. 3. Historical resources contributing to historic districts. 4. Historical resources designated or listed as local landmarks, or designated under any local ordinance, such as an historic preservation overlay zone. 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-3 City of Chula Vista November 2013 b. California Native American Graves Protection and Repatriation Act The California NAGPRA 2001 conveys to American Indians of demonstrated lineal descent, the human remains and funerary items that are held by state agencies and museums. c. California Health and Safety Code Section 7050.5 - Human Remains Health and Safety Code Section 7050.5(b) specifies protocol when human remains are discovered. The code states: In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27492 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of death, and the recommendations concerning treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the PRC. d. PRC 5097.9-5097.991 – Native American Heritage PRC Sections 5097.9-5097.991 identifies that no public agency, and no private party using or occupying public property, or operating on public property, under a public license, permit, grant, lease, or contract made on or after July 1, 1977, shall in any manner whatsoever interfere with the free expression or exercise of Native American religion as provided in the U.S. Constitution and the California Constitution; nor shall any such agency or party cause severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine located on public prope rty, except on a clear and convincing showing that the public interest and necessity so require it. This section also details the composition and responsibilities of the Native American Heritage Commission (NAHC). The NAHC strives for the preservation and protection of Native American human remains, associated grave goods, and cultural resources. The NAHC has developed a strategic plan to assist the public, development community, 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 and create an awareness among lead agencies and developers of the importance of working with Native Americans. PRC Sections 5097.91 and 5097.98 were amended by AB 2641 in 2006. This bill authorizes the NAHC to bring an action to prevent damage to Native American burial grounds or places of worship and establishes more specific procedures to be implemented in the event that Native American remains are discovered. 3. Local a. City of Chula Vista Chula Vista assesses and mitigates the potential impacts of private development and public facilities and infrastructure to significant cultural resources pursuant to the provisions of CEQA and CVMC Title 21. Historical resources are not limited to officially listed resources, but also include resources found to be eligible for listing at the local, state, and federal levels. Cultural resources that reflect the history of a 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-4 City of Chula Vista November 2013 community, from descendants of the earliest Native Americans to later explorers, settlers, and immigrants, are important to the community and, therefore, warrant protection by the city. Furthermore, the accessibility of important cultural resources to the public for educational, religious, cultural, scientific and other purposes should be supported and encouraged by the city. The City of Chula Vista includes protections for cultural resources in the General Plan. Both the Land Use and Transportation Element and the Environmental Element includes objectives to protect Chula Vista’s important cultural resources and support and encourage their accessibility to the public (Objective E 9) and protect important paleontological resources and support and encourage public education and awareness of such resources (Objective E 10). In addition to the General Plan and Title 21, the City of Chula Vista implements a Historic Preservation Program to inform citizens, staff and elected and appointed officials of the regulatory requirements, program options and features, surveyed and designated properties, and economic benefits and incentives related to historic preservation in Chula Vista. The program was adopted by City Resolution No. 2011-147 on July 19, 2011 and is referenced in Title 21. CVMC Section 2.49 (Ordinance 3197) establishes the Historic Preservation Commission. The Commission meets the certified local government requirements, as defined by the National Historic Preservation Act, to serve as the authority on historic preservation matters and advises the City Council and other city boards and commissions, as needed, on historic preservation matters. Creation of the commission is mandated by CVMC Title 21. The purposes of Title 21 are the following: A. Serve as the regulatory document of the Chula Vista Historic Preservation Program; B. Promote and accomplish the historic preservation goals, policies, and strategies of the Chula Vista General Plan; C. Promote the recognition, preservation, protection and use of historical resources through historical resource surveys and the designation of historical resources; D. Preserve and enhance those historical resources that give Chula Vista its identity by utilizing the Secretary of Interior Standards for Treatment of Historic Properties; E. Honor Chula Vista’s rich history and heritage by designating significant historical resources and historic preservation districts that are associated with important historical events, persons, significant architecture, and landscape elements; F. Provide strong and safe neighborhoods by encouraging harmony as to style, form, proportion, and material between historical resources and new construction that are located within designated historic preservation districts; G. Provide for a sustainable environment through the preservation and protection of resources and neighborhoods that have historical significance; H. Carry out the provisions of the National Historic Preservation Act and the Certified Local Government Program established under said act; I. Establish the use of incentives and benefits for the protection, retention and preservation of historical resources; and J. Promote the recognition, preservation, protection and use of historical resources through education and a historic preservation plan that is maintained up to date and valid. 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-5 City of Chula Vista November 2013 B. Definition of Resources CEQA-defined cultural resources include prehistoric resources and historical-period resources. Title 21 Section 21.03 governs the meaning of words used in both Title 21 and the City’s Historic Preservation Program. Prehistoric resources are physical properties resulting from human activities that predate written records and are generally identified as isolated finds or sites. Prehistoric resources can include village sites, temporary camps, lithic (stone tool) scatters, roasting pits/hearths, milling features, rock features, and burials. Historic resources consist of physical properties, structures, or built items resulting from human activities after the time of written records. In North America, the historical-period is generally considered equivalent to the time period since European contact, beginning in A.D. 1492. Historic resources can include archaeological remains and architectural structures. Paleontology is a branch of geology that studies the life forms of the past, especially prehistoric life forms, through the study of plant and animal fossils. Paleontological resources represent a limited, non- renewable, and impact-sensitive scientific and educational resource. As defined in this section, paleontological resources are the fossilized remains or traces of multi-cellular invertebrate and vertebrate animals and multi-cellular plants, including their imprints from a previous geologic period. Fossil remains such as bones, teeth, shells, and leaves are found in the geologic deposits (rock formations) where they were originally buried. Paleontological resources include not only the actual fossil remains, but also the collecting localities, and the geologic formations containing those localities. C. Existing Cultural Setting The body of current research of Native American occupation in San Diego County recognizes the existence of at least two major cultural traditions, discussed here as the Early Period/Archaic and Late Period, based upon general economic trends and material culture. Within San Diego County, the Early Period/Archaic includes the period from 10,000 to 1,300 years before present, while the Late Period is from 1,300 years before present to historic contact. The Post-Contact/Historic Period covers the time from Spanish contact to present. A detailed overview of the prehistory and history of the project vicinity is provided in Appendix F1 of the EIR. A summary of the prehistoric and historical background follows below. 1. Prehistoric Setting a. Archaic Period (10,000 – 1,300 years before present) The Early Period/Archaic includes the San Dieguito, La Jolla and Pauma complexes. Early migrations into San Diego County may have come from the north. Recent work on the northern Channel Islands near Santa Barbara demonstrates island occupation dating back to the terminal Pleistocene, roughly 11,600 years ago. At this time in San Diego County, the shoreline was situated two to six kilometers farther seaward than today’s coast. Therefore, any evidence for early coastal habitation similar to the northern Channel Islands may have been destroyed by sea encroachment thousands of years ago. Early migrations may also have come from Great Basin/desert groups. However, whether migration into San Diego County was coastal or from inland areas, the first occupants immediately exploited coastal and inland resources of plants, animals, shellfish, and fish. This initial occupation is referred to as the San Dieguito complex. The La Jolla and Pauma complexes, which are referred to as following the San Dieguito Complex, may simply represent seasonal or geographic variations of the older and more general San Dieguito Complex. Archaic occupation sites have been reported in coastal settings, transverse valleys, sheltered canyons, benches and knolls. In north San Diego County, non-coastal sites 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-6 City of Chula Vista November 2013 were defined as containing a predominance of grinding implements (manos and metates), a general lack of shellfish remains, a greater tool variety, and expressing an emphasis on both gathering and hunting. Early Period/Archaic sites from 10,000 to 1,300 years ago within San Diego County include coastal and inland valley habitation sites, inland hunting and milling camps, and quarry sites. Material culture assemblages during this long period are similar in many respects and represent a process of relative terrestrial economic stability and presumably slow cultural change. Although various cultural traits developed or disappeared during the long span of 10,000 to 1,300 years ago, there is a clear pattern of cultural continuity during this period. b. Late Period (1,300 years before present - A.D. 1492) This period is characterized by the Luiseño and Kumeyaay/Diegueño cultures. However, Late Period cultural patterns were shared with groups along the northern and eastern periphery of San Diego County, incorporating many elements of their neighbors’ cultures into their own cultures and making associations between archaeological deposits and a particular ethnographic culture difficult. Luiseño occupation in north San Diego County during the Late Period has been viewed as an occupation that resulted from the migration of a population from the desert to the coast. Although significant differences exist between Luiseño and Kumeyaay/Diegueño cultures, including language, the long interaction of these groups during the Late Period resulted in the exchange of many social patterns. Artifacts and cultural attributes reflecting this Late Period pattern include small projectile points, pottery, the establishment of permanent or semi-permanent seasonal habitation sites, a proliferation of bedrock milling for acorn and grass seed processing in the uplands, the presence of obsidian from the Imperial Valley source Obsidian Butte, and interment by cremation. 2. Historic Context The history of San Diego County is commonly presented in terms of Spanish, Mexican, and American political domination. Certain themes are common to all periods, such as the development of transportation, settlement, and agriculture. A summary of the three periods of San Diego County history is provided below, as well as summary of the local history of Otay Ranch. a. Spanish Period The Spanish Period represents exploration, the establishment of the San Diego Presidio and missions at San Diego (1769) and San Luis Rey (1798), and asistencias (chapels) to the San Diego Mission at Santa Ysabel (1818) and to the San Luis Rey Mission at Pala (1816). Horses, cattle, agricultural foods and weed seeds, and a new architectural style and method of building construction were also introduced. Spanish influence continued after 1821 when California became a part of Mexico. For a period under Mexican rule, the missions continued to operate as in the past, and laws governing the distribution of land were retained. b. Mexican Period The Mexican Period includes the initial retention of Spanish laws and practices until shortly before secularization of the missions in 1834, a decade after the end of Spanish rule. Although several grants of land were made prior to 1834, vast tracts of land were dispersed through land grants offered after secularization. Cattle ranching prevailed over agricultural activities, and the development of the hide and tallow trade increased during the early part of this period. The Pueblo of San Diego (present-day Old 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-7 City of Chula Vista November 2013 Town) was established and transportation routes were expanded. The Mexican Period ended in 1848 as a result of the Mexican-American War. c. American Period The American Period began when Mexico ceded California to the United States under the Treaty of Guadalupe Hidalgo. Terms of the treaty brought about the creation of the Lands Commission, in response to the Homestead Act of 1851 that was adopted as a means of validating and settling land ownership claims throughout the state. Few Mexican ranchos remained intact because of legal costs and the difficulty of producing sufficient evidence to prove title claims. Much of the land that once constituted rancho holdings became available for settlement by immigrants to California. The influx of people to California and the San Diego region resulted from several factors including the discovery of gold in the state, the conclusion of the Civil War, the availability of free land through passage of the Homestead Act, and later, the importance of San Diego County as an agricultural area supported by roads, irrigation systems, and connecting railways. The growth and decline of towns occurred in response to population fluxes and economic boom and bust cycles. d. Local History of Otay Ranch Otay Ranch was originally a Mexican-period land grant located in the southwest portion of San Diego County, which encompassed the century-long occupied Native American village of Otai. Doña Magdalena Estudillo, daughter of Captain José María Estudillo, received the original land grant from Governor José María Echendia in 1829. At the same time, Doña Magdalena’s brother, José Antonio Estudillo, received the smaller (4,436 acres) grant of Rancho Janal, which adjoined Rancho Otay. The Land Act of 1851 required all holders of property in California to prove their rights of ownership to the lands they claimed. The Estudillo’s petitions for the Otay and Janal properties lasted 10 years before the United States Land Commission finally confirmed Doña Magdalena’s and José Antonio’s claims. Both properties were known as Rancho Otay at this time. The first American owner of the property was Solon S. Sanborn, who purchased it on July 1, 1872. The ranched changed ownership several more times before John D. Spreckles bought Otay Ranch around 1900. Mr. Spreckles sold both Otay and Janal to his friend and business associate Elisha Spurr Babcock. An avid sportsman, Babcock hunted ducks, quail, rabbits, and other game in Otay. During these outings, he and his guests resided in a hunting lodge built by him and Spreckles . The property changed hands several more times, and in 1936, the property was purchased by Stephen Birch Sr., a wealthy man who had made a fortune as a mining engineer in Alaska. By combining the properties, the original area of Rancho Otay, which was nearly 6,658 acres, grew to about 29,000 acres. The Birch family resided in the hunting lodges built by Babcock and Spreckles. Farming, cropping, and livestock operations continued on the Village 8 West site during this time. The land was intensively farmed, producing principally lima beans, hay, and grain. In 1939, 6,000 acres were planted with lima beans and the remaining ranch land was used to graze about 1,000 head of livestock. Lima beans were abandoned as a major crop when bindweed morning glory infested the fields. The last year of lima bean production was 1949. Later crops included barley, wheat, and oat hay. Following the death of Stephen Birch Sr. in 1940, his daughter Mary inherited the ranch and family farming business. She died in 1983, leaving a hotly contested will, which was still in litigation five years later. The ranch was ultimately sold to the Baldwin Company of Irvine in 1988 for $180,000,000. 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-8 City of Chula Vista November 2013 D. Known Cultural and Paleontological Resources Assessment of cultural resources included a cultural resources record search conducted through the California Historical Resources Information System South Coastal Information Center (CHRIS-SCIC) located at San Diego State University, research in the Gallegos and Associates research library, and a field survey of the project area parcels. Results of these investigations are described by project area parcel below. Assessment of paleontological resources is based on a review of relevant published and unpublished geologic and paleontological reports, and SDNHM paleontological locality data. 1. Cultural Records Search Sixty-seven studies have been conducted in the proximity of Village 8 West, and 173 cultural resource sites and 49 isolates are recorded within a one-mile radius of the project area. Four cultural resource sites (CA-SDI-12287, CA-SDI-14176, CA-SDI-14235, and CA-SDI-14236) and five isolates (P-37-014531, P- 37-014532, P-37-014533, P-37-015008, and P-37-015145) are located within or adjacent to Village 8 West. Two sites (CA-SDI-4789 and CA-SDI-12809) are located within the Area of Potential Effect for the off-site improvement area. The six sites and five isolates located within or adjacent to Village 8 West or the off-site improvement area are described below. CA-SDI-12287. Site CA-SDI-12287 straddles the project boundary, a portion of the site being within the parcel and a portion adjacent outside the project area. Rader and James (1991a) originally recorded the site as an artifact scatter consisting of one metate fragment, one scraper, and one flake. In 2007, the site was tested using surface collection of artifacts and excavation of nine shovel test pits. As a result of the test program, a total of five debitage and 85 grams of shell fragments were recovered. CA-SDI-14176. Site CA-SDI-14176 straddles the project boundary, with a portion located within Village 8 West. The site was recorded by BFSA (1996a) for the Otay Valley Parcel of the Otay Ranch project (Smith 1996). The site was described as a temporary camp that consists of flakes, one metate, one chopper, three scrapers, one Tizon Brown Ware pottery shard, and marine shell. This site was not previously tested to determine site significance. CA-SDI-14235. Site CA-SDI-14235 is located within Village 8 West. The site was recorded by BFSA (1996b) for the Otay Valley Parcel of the Otay Ranch project (Smith 1996). The site was described as a lithic scatter that consists of, 12 flakes, five scrapers and one hammerstone. This site was not previously tested to determine site significance. CA-SDI-14236. Site CA-SDI-14236 was recorded by BFSA (1996c) for the Otay Valley Parcel of the Otay Ranch project (Smith 1996). The site is located within Village 8 West and was previously described as a lithic scatter that consists of seven flakes, two retouched flakes, and one scraper. Disturbance at the site consists of an adjacent fence and cattle pasture. This site was not previously tested to determine site significance. P-37-014531. Isolate P-37-014531 was recorded by BFSA (1996d) for the Otay Valley Parcel of the Otay Ranch project (Smith 1996). The isolate consists of one flake. P-37-014532. Isolate P-37-014532 was recorded by BFSA (1996e) for the Otay Valley Parcel of the Otay Ranch project (Smith 1996). The isolate consists of one scraper. P-37-014533. Isolate P-37-014533 was recorded by BFSA (1996f) for the Otay Valley Parcel of the Otay Ranch project (Smith 1996). The isolate consists of one flake. 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-9 City of Chula Vista November 2013 P-37-015008. Isolate P-37-015008 was recorded by Carol Serr (1990) for the Proposed Otay-2 Pipeline project. The isolate consists of one metavolcanic flake. P-37-015145. Isolate P-37-015145 was recorded by Rader and Mitchell (1991b) for the 22,873-acre Otay Ranch project (ERCE 1991). The isolate consists of one metavolcanic core, which was collected by ERCE. CA-SDI-4789. Site CA-SDI-4789 is within the off-site improvement area. This site has been previously tested to determine site significance. The researchers concluded that the site was essentially a surface scatter and that the testing and analysis program had exhausted the site’s research potential (Schaefer et al. 1994). CA-SDI-12809. CA-SDI-12809 is in and adjacent to the off-site improvement area. This site was originally recorded by McGowan in 1971. Between 1977 and 1983, the Southwestern College Field School recorded and excavated the site. Extensive pot hunting was noted at the site after the field school was closed. The site was re-recorded and updated by Rosen (1989). The site was described as “an extensive village area, which contains San Dieguito, La Jollan, Late Prehistoric and Ethnohistoric components.” Lithics, ground stone, ceramics, shell beads, an abalone pendant, a shell fish hook, glass trade beads, bone tools, hearth features, shell and bone faunal remains, fire-affected rock, and charcoal were recorded at the site. In 1993, site CA-SDI-12809 was tested by McDonald et al. as part of the SR-125 project. As a result of the test, the site was recommended as eligible for the National Register of Historic Places (NRHP) and the CRHR. On May 25, 1995, the OHP concurred with this recommendation. Because the site has had a formal determination of eligibility to the NRHP, it is automatically included in the CRHR. In 2004, monitoring of CA-SDI-12809 was conducted for the Salt Creek Interceptor Sewer project (Hunt 2004). As a result of monitoring, five artifact deposits associated with CA-SDI-12809 were identified. The collected artifacts include lithic tools, debitage, ground stone, pottery, and shell. Hunt (2004) noted that the south side of site CA-SDI-12809 had the potential to produce cultural materials. 2. Historical Map Review Early maps of the project vicinity were reviewed for historical structures, features, and roads. No items of historical significance were identified within the Otay Ranch project area on the early maps. 3. Paleontological Resources a. Stratigraphic Rock Units According to the paleontological resource assessment (Appendix F2), the site is underlain primarily by four geologic formations: Santiago Peak Volcanics (JKsp), located in the southwestern portion of the site; the Otay Formation (To), which underlies the majority of the site; Quaternary alluvial and terrace deposits (Qoa) in the southeastern portion of the site and portions of the proposed off-site improvements; and Holocene alluvial deposits (Qya) in the southernmost region of the off-site improvement area. The on-site portion of the Santiago Peaks Volcanics formation includes only metavolcanic rocks. Due to the molten origin of volcanic rocks, there is no paleontological sensitivity in the Santiago Peak Volcanics formation on site. The location of these formations on site is shown in Figure 5.8-1. Numerous fossil localities have been discovered in the Otay Formation in the Otay Mesa area. These localities have produced well-preserved remains of a diverse assemblage of terrestrial vertebrates which includes tortoises, lizards, snakes, birds, shrews, rodents, rabbits, dogs, foxes, cat-like nimravids, 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-10 City of Chula Vista November 2013 rhinoceros, camels, mouse-deer, and oreodonts. Based on these fossil discoveries, the Otay Formation is now considered the richest source of late Oligocene terrestrial vertebrates in California. Because of its paleontological richness, the on-site portion of the Otay Formation is assigned high paleontological resource sensitivity. No fossils are known from the Quaternary alluvial and terrace deposits in the immediate project area. However, significant Pleistocene land mammal fossils have been found in similar deposits throughout coastal San Diego County. Although disturbed at the surface of the project area by agricultural activities, the deeper, undisturbed portions of Quaternary alluvial and terrace deposits are assigned as having high paleontological resource sensitivity. The Holocene alluvial deposits are too young to contain true fossil remains or traces. Based on its post- Pleistocene age, Holocene alluvial deposits are assigned as having low paleontological resource sensitivity. b. Results of Record Search Eight previously recorded fossil collecting localities are documented within one-half mile or less of the project site. These localities were discovered during paleontological monitoring of construction projects in the Otay Formation to the north and east of Village 8 West. Two of the eight localities were collected from the fluvial gritstone member of the Otay Formation during excavation for the SR-125 toll road. Fossils recovered from the eight localities mentioned above included extinct mammals, lizards and snakes, and the very rare discovery of fossilized eggshell found during grading at the Otay Ranch Village 7 project site to the north of Village 8 West. 5.7.2 Thresholds of Significance According to the CEQA Guidelines, Appendix G, impacts to cultural and paleontological resources would be significant if the project would: ■ Threshold 1: Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5. ■ Threshold 2: Cause a substantial adverse change in the significance of an archaeological resource as defined in CEQA Guidelines Section 15064.5. ■ Threshold 3: Disturb any human remains, including those interred outside of formal cemeteries. ■ Threshold 4: Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. ■ Threshold 5: Be inconsistent with General Plan cultural and paleontological policies thereby resulting in a significant physical impact. 5.7.3 Impact Analysis A. Threshold 1: Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5. CEQA Guidelines Section 15064.5 recognizes that historical resource includes: 1) a resource in the CRHR; 2) a resource included in a local register of historical resources, as defined in PRC Section 5020.1(k) or 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-11 City of Chula Vista November 2013 identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); and 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 by the lead agency, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. The cultural resource record search and historic map survey conducted for the project determined that that no historic or potential historic resources occur in the project area. The project site is currently undeveloped. An existing City of San Diego reservoir is located in approximately the middle of the project site, but it not part of the project and is not a historic resource. Therefore, there would be no impacts from the project on historic resources. B. Threshold 2: Cause a substantial adverse change in the significance of an archaeological resource as defined in CEQA Guidelines Section 15064.5. As defined in PRC Section 21083.2 a “unique” archaeological resource is 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 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. Several previously identified archaeological sites and isolates were identified within Village 8 West and off-site improvement areas: CA-SDI-12287, CA-SDI-14176, CA-SDI-14235, CA-SDI- 14236, CA-SDI-4789, CA-SDI-12809, P-37-014531, P-37-014532, P-37-014533, P-37-015008, and P-37-015145. Gallegos and Associates (2009) intensively surveyed the entire project area to relocate the previously identified resources and record any additional resources. Testing and evaluation was conducted at three previously identified sites that were able to be located: CA-SDI-12287, CA-SDI-14176, and CA-SDI-14235. A detailed methodology for the survey, testing, and evaluation is included in Appendix F1. Generally, testing at these archaeological sites consisted of collection of surface artifacts, excavation of shovel test pits, and artifact cataloging and analysis. As a result of the survey, five additional isolates were identified in the project area (OR-I-3, OR-I-4, OR-I-5, OR-I-6, and OR-I-7). Site CA-SDI-14236 and six of the previously identified isolates could not be located during the current survey. The significance of each of the previously recorded sites and new isolates is discussed below, based on previous studies and the current field survey. Detailed results and findings from the survey are included in Appendix F1. Site CA-SDI-12287 was originally recorded by Rader and James (1991a) as an artifact scatter consisting of one metate fragment, one scraper, and one flake. Cultural material recovered by Gallegos and Associates consisted of two debitage, two manos, and one unidentified stone fragment. A test program was previously conducted at CA-SDI-12287 that included collection of surface artifacts and excavation of nine shovel test pits and one test unit (Clowery-Moreno and Smith 2008). As a result of the test program, site CA-SDI-12287 was identified as not significant under CEQA criteria. Following testing, 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-12 City of Chula Vista November 2013 Gallegos and Associates also determined that this site was not a culturally significant resource given the poor site integrity, low subsurface artifact counts, absence of ecofactual materials, and site disturbance. Cultural material was recovered from site CA-SDI-14176 and CA-SDI-14235. Lithic samples suggested that these sites were used for two specific reasons: wood working and plant processing. However, sites CA-SDI-14176 and CA-SDI-14235 were determined to have poor site integrity, and produced no faunal materials and a low amount of artifacts. Disturbance at both sites consisted of agricultural activity, cattle ranching, previous grading, and fill soil dumping. Given the poor site integrity, low subsurface artifact counts, absence of ecofactual materials, and site disturbance, sites CA-SDI-14176 and CA-SDI-14235 are identified as not significant under CEQA criteria and are recommended ineligible for listing on the CRHR. Schaefer et al. (1994) previously tested site CA-SDI-4789, which is in the off-site improvement area. The researchers concluded that the testing and analysis program had exhausted the research potential of the site and identified the site as not culturally significant. The western edge of CA-SDI-12809 is within the off-site improvement area. This site is listed in the NRHP and CRHR and is considered a significant resource. An extensive testing program was carried out at this site in 1993 (McDonald et al. 1993) and two major site occupational areas were identified. However, the closest of these is located approximately 0.2 mile (1,000 feet) from Village 8 West. No subsurface deposits or artifacts were indentified inside of the project area or off-site improvement areas, or within 0.15 mile (800 feet) of the area of potential effect. Therefore, the portion of this site within Village 8 West is not significant. As long as construction activities associated with the development of the project do not extend beyond the defined area of potential effect, no significant impact could occur. The five additional isolates identified in the project area (OR-I-3, OR-I-4, OR-I-5, OR-I-6, and OR-I-7) each consisted of one metavolcanic debitage, one metavolcanic bifacial fragment, or one metavolcanic steep- edged unifacial tool. No additional features or additional artifacts were noted. None of the six previously identified isolates could be located during the current survey. According to Gallegos and Associates (2009), isolates are by nature not considered culturally significant resources. Based on these conclusions, none of the archeological resources identified on site are culturally significant as defined in CEQA Guidelines Section 15064.5. Therefore, the project would not result in impacts to known archaeological resources, as long as construction activities do not extend beyond the disturbance limits. However, given the presence of archeological resources on site, the project would have the potential to impact unknown archaeological resources during earth-disturbing construction activities. This impact would be potentially significant. C. Threshold 3: Disturb any human remains, including those interred outside of formal cemeteries. Results of the cultural resources record search and survey did not identify any human remains or records of human remains in Village 8 West. However, given the presence of archeological resources on the site, regardless of cultural significance, previously unknown human remains may be present in the project area and off-site improvement area. Ground-disturbing construction activities, grading, and trenching associated with the project would have the potential to uncover human remains. If human remains were inadvertently uncovered, projects would be required to comply with NAGPRA, PRC Section 5097.98, California NAGPRA, and Health and Safety Code Section 7050.5, described above in Section 5.7.1 under Regulatory Framework. Compliance with existing regulations would reduce impacts to a less than significant level. However, without an archaeological monitor on-site during construction 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-13 City of Chula Vista November 2013 to identify evidence of remains and ensure proper regulatory compliance, ground-disturbing construction activities associated with the SPA Plan and TM would have the potential to result in a significant impact to human remains. D. Threshold 4: Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Direct impacts to paleontological resources would have the potential to occur during earthwork activities, such as mass grading operations on site, or trenching activities associated with the proposed off-site improvements. Ground-disturbing construction would cut into the geological formations within Village 8 West that have a high potential for containing fossilized material. The majority of Village 8 West is underlain by the Otay Formation. This formation would be disturbed by grading activities, especially in the northeastern and southeastern portions of the project area, and during construction of proposed off-site improvements. Quaternary alluvial and terrace deposits, also considered fossiliferous, occur in the southeastern portion of Village 8 West. These sedimentary deposits would be disturbed by grading activities on site, and trenching in the off-site improvement area. These direct impacts would have the potential to adversely affect unique fossilized remains. Therefore, ground-disturbing construction activities associated with Village 8 West would have the potential to result in a significant impact to paleontological resources. E. Threshold 5: Be inconsistent with General Plan cultural and paleontological policies, thereby resulting in a significant physical impact. The project is compared to the applicable General Plan objectives and policies in Table 5.7-1, and applicable GDP policies in Table 5.7-2. As shown in these tables, impacts would be less than significant with respect to this threshold. Table 5.7-1 Project Consistency with Applicable General Plan Cultural and Paleontological Resource Policies Applicable Policies Evaluation of Consistency Objective E 10: Protect important paleontological resources and support and encourage public education and awareness of such resources. Policy E 10.1: Continue to assess and mitigate the potential impacts of private development and public facilities and infrastructure to paleontological resources in accordance with the CEQA. Policy E 10.2: Support and encourage public education and awareness of local paleontological resources, including the establishment of museums and educational opportunities accessible to the public. Consistent. The SPA Plan is consistent with these policies. The on-site and off-site areas have high sensitivity for paleontological resources. Therefore, with implementation of mitigation measures 5.7-5 through 5.7-8, construction activities that have the potential to disturb fossiliferous soils would be monitored by a qualified paleontologist. Any paleontological resources would be recovered and deposited in a scientific institution such and the SDNHM. Objective LUT 12: Protect Chula Vista’s important historic resources. Consistent. The SPA Plan is consistent with this objective. The cultural resource record search and historic map survey conducted for the project determined that no historic or potential historic resources occur in the project area. 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-14 City of Chula Vista November 2013 Table 5.7-2 Project Consistency with Applicable GDP Cultural and Paleontological Resource Policies Applicable Policies Evaluation of Consistency Part II, Chapter 10 – Resource Protection, Conservation and Management Goal: Establishment of an open space system that will become a permanent preserve dedicated to the protection and enhancement of the biological, paleontological, cultural resources (archaeological and historical resources), flood plain, and scenic resources of Otay Ranch, the maintenance of long- term biological diversity, and the assurance of the survival and recovery of native species and habitats within the preserve, and to serve as the functional equivalent of the County of San Diego Resource Protection Ordinance. Objective: Identify sensitive and significant biological, cultural, paleontological, agricultural, and scenic resources within Otay Ranch that require protection and/or management. Policy: Recover any significant fossils unearthed during grading activities for subsequent scientific study and/or display. Policy: Prior to issuance of a grading permit within areas identified with the RMP as paleontologically sensitive (i.e., the Otay, Sweetwater, and San Diego formations), a letter shall be filed with the lead agency indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. Objective: Preserve sensitive and significant biological, cultural, paleontological, flood plain, visual, and agricultural resources. Policy: Preserve significant cultural resources. Consistent. Significant cultural and paleontological resources in the SPA Plan area are identified in the cultural resources and paleontological resources technical reports prepared for the project, included in this EIR as appendices F1 and F2. Mitigation measures 5.7-1 through 5.7-8 were identified to reduce potential impacts to these resources to a less than significant level, including avoidance of known archaeological resources, fossil recovery, and providing written confirmation to the Development Services Director (or their designee)that a qualified paleontologist has been retained to carry out an appropriate mitigation program. 5.7.4 Level of Significance Prior to Mitigation A. Historical Resources No significant impacts related to historical resources and consistency with cultural resource policies have been identified for the project. B. Archaeological Resources The project would not result in a significant impact to known archaeological resources on the site. However, construction activities associated with the project could inadvertently result in significant impacts to presently unknown archaeological resources that may be uncovered during clearing and grading. It is not anticipated that construction would extend beyond the defined area of potential effect. However, a mitigation measure is include below, consistent with the recommendations of the cultural resources report (Appendix F1), to avoid a potentially significant impact that could occur if construction activities inadvertently extended in the proximity of site CA-SDI-12809. 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-15 City of Chula Vista November 2013 C. Human Remains No known human remains have been identified at Village 8 West. However, construction activities associated with the project could inadvertently result in significant impacts to human remains that may be uncovered during clearing and grading. D. Paleontological Resources Geological formations and soil deposits underlying Village 8 West and off-site improvement areas have a high sensitivity for paleontological resources. Therefore, construction activities would have the potential to significantly impact these resources. E. Consistency with Cultural and Paleontological Resource Policies No significant impacts related to consistency with cultural and paleontological resource policies have been identified for implementation of the project. 5.7.5 Mitigation Measures A. Historical Resources No mitigation measures are required. B. Archaeological Resources 5.7-1 Protective Fencing. Prior to the issuance of any land development permits for the SPA Plan and associated off-site facilities, including clearing, grubbing, and grading, the applicant shall install protective fencing (i.e., orange snow fence or similar) along the area of potential effect in the area of CA-SDI-12809 as directed by a qualified archaeologist. A qualified archaeologist shall monitor the site throughout the construction of the off-site facilities (including clearing, grubbing, grading, and installation) to ensure that unanticipated finds are handled in an appropriate and professional manner and that required fencing remains intact and project related construction activities do not extend beyond the approved limits of work. 5.7-2 Archaeological Monitor. Prior to issuance of land development permits, including clearing or grubbing and grading permits, the applicant shall provide written confirmation and incorporate into grading plans, to the satisfaction of the Development Services Director (or their designee), that a principal investigator as listed by the Secretary of the Interior (Code of Federal Regulations Title 36, Section 61) has been retained in an oversight capacity to ensure than an archeological monitor(s) will be present during all cutting of previously undisturbed soil. If these cutting activities would occur in more than one location, multiple monitors shall be provided to monitor these areas, as determined necessary by the principal investigator. 5.7-3 Resource Discovery Procedure. During the initial grading of previously undisturbed soils within Village 8 West and the off-site improvement area, prehistoric and historic resources may be encountered. In the event that the monitor identifies a potentially significant site, the archaeological monitor shall secure the discovery site from further impacts by delineating the site with staking and flagging, and by diverting grading equipment away from the archaeological site. Following notification to the Development Services Director (or their designee), the archaeological monitor shall conduct investigations as necessary to determine if the discovery is 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-16 City of Chula Vista November 2013 significant under the criteria listed in CEQA and the environmental guidelines of the City of Chula Vista. If the discovery is determined to be not significant, grading operations may resume and the archaeological monitor shall summarize the findings in a letter report to the Development Services Director (or their designee) following the completion of mass grading activities. The letter report shall describe the results of the on-site archeological monitoring, each archaeological site observed, the scope of testing conducted, results of laboratory analysis (if applicable), and conclusions. The letter report shall be completed to the satisfaction of the Development Services Director (or their designee) prior to release of grading bonds. Any artifacts recovered during the evaluation shall be curated at a facility approved by the Development Services Director (or their designee). For those prehistoric/historic resources that are determined to be significant, the following measures shall be implemented: i. An alternate means of achieving mitigation shall be pursued. In general, these forms of mitigation include: 1) site avoidance by preservation of the site in a natural state in open space or in open space easements, 2) site avoidance by preservation through capping the site and placing landscaping on top of the fill, 3) data recovery through implementation of an excavation and analysis program, or 4) a combination of one or more of the above measures. Procedures for implementing the alternative forms of mitigation described herein are further detailed in the Mitigation Monitoring and Reporting Program adopted as part of the 1993 Otay Ranch General Development Plan Program EIR (EIR 90-01). ii. For those sites for which avoidance and preservation is not feasible or appropriate, the applicant shall prepare a Data Recovery Plan. The plan shall, at a minimum, include the following: 1) a statement of why data recovery is appropriate as a mitigating measure, 2) a research plan that explicitly provides the research questions that can reasonably be expected to be addressed by excavation and analysis of the site, 3) a statement of the types and kinds of data that can reasonably be expected to exist at the site and how these data will be used to answer important research questions, 4) a step-by-step discussion of field and laboratory methods to be employed, and 5) provisions will be stated for curation and storage of the artifacts, notes, and photographs. In cases involving historic resources, archival research and historical documentation shall be used to augment field-testing programs. Grading operations within the affected area may resume once the site has been fully evaluated and mitigated to the satisfaction of the Development Services Director (or their designee). All significant artifacts collected during the implementation of the Data Recovery Plan shall be curated at a facility approved by the Development Services Director (or their designee). iii. Following the completion of mass grading operations, the applicant shall prepare a plan that addresses the temporary on-site presentation and interpretation of the results of the archaeological studies for the project. This could be accomplished through exhibition within a future community center, civic building and/or multi-purpose building. This exhibition will only be for temporary curation of those materials being actively used for interpretation and display, and that permanent curation of artifacts and data shall be at a regional repository when one is established. All significant artifacts collected during the implementation of the Data Recovery Plan shall be permanently curated at a facility approved by the Development Services Director (or their designee). 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-17 City of Chula Vista November 2013 C. Human Remains 5.7-4 Human Remains Disturbance Protocol. If human remains are discovered during grading or site preparation activities within Village 8 West or off-site improvement area, the archaeological monitor shall secure the discovery site from any further disturbance. State Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the San Diego County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission. The Native American Heritage Commission will then identify the person(s) thought to be the Most Likely Descendent of the deceased Native American. The Most Likely Descendent will assist the Development Services Director (or their designee) in determining what course of action shall be taken to deal with the remains. Grading operations within the affected area may resume once the site has been fully evaluated and mitigated to the satisfaction of the Development Services Director (or their designee). The Archaeological Monitor shall summarize the findings in a letter report to the Development Services Director (or their designee) following the completion of mass grading activities. D. Paleontological Resources 5.7-5 Paleontological Resource Mitigation Program. Prior to the issuance of grading permits for the SPA Plan or off-site improvement area, the applicant shall provide written confirmation to the Development Services Director (or their designee) that a qualified paleontologist has been retained to carry out an appropriate mitigation program. A qualified paleontologist is defined as an individual with a M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques. A pre-grade meeting shall be held among the paleontologist and the grading and excavation contractors. 5.7-6 Paleontological Monitor. A paleontological monitor shall be on site at all times during the original cutting of previously undisturbed sediments of the Otay Formation or Quaternary alluvial and terrace deposits to inspect cuts for contained fossils. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist. i. The monitor shall be on site on at least a quarter-time basis during the original cutting of previously undisturbed sediments of low sensitivity geologic formations (Holocene alluvial deposits) to inspect cuts for contained fossils. He or she shall periodically (every several weeks) inspect original cuts in deposits with unknown resource sensitivity (i.e., Quaternary alluvium). ii. In the event that fossils are discovered in unknown, low, or moderately sensitive formations, the per-day field monitoring time shall be increased. Conversely, if fossils are not discovered, the monitoring, at the discretion of the Planning Department, shall be reduced. A paleontological monitor is not needed during grading of rocks with no resource sensitivity (Santiago Peak Volcanics). 5.7-7 Fossil Discovery Procedure. If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short time frame. However, some fossil specimens (such as a complete whale skeleton) may require an 5.7 Cultural and Paleontological Resources Otay Ranch Village 8 West EIR CV EIR 10-03; SCH No. 2010062093 Page 5.7-18 City of Chula Vista November 2013 extended salvage time. In these instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains such as isolated mammal teeth, it may be necessary in certain instances and at the discretion of the paleontological monitor to set up a screen-washing operation on the site. 5.7-8 Fossil Recording. Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. E. Consistency with Cultural and Paleontological Resource Policies No mitigation measures are required. 5.7.6 Level of Significance After Mitigation A. Historic Resources Impacts to historic resources are less than significant without mitigation. B. Archaeological Resources With implementation of mitigation measures 5.7-1 through 5.7-3 identified above, potential impacts to archaeological resources related to the project would be reduced to below a level of significance. C. Human Remains With implementation of mitigation measure 5.7-4 identified above, potential impacts to human remains related to the project would be reduced to below a level of significance. D. Paleontological Resources With implementation of mitigation measures 5.7-5 through 5.7-8 identified above, potential impacts to paleontological resources related to the project would be reduced to below a level of significance. E. Consistency with Cultural and Paleontological Resource Policies The project is consistent with applicable policies without mitigation.