Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02

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Community Plan Exemption Checklist City of Santa Ana Gary Avenue Business Park Project Impacts Associated with the Proposed Project a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? No New Impact. This topic was evaluated in the GPU EIR (Impact 4.1 3-6) and was determined to be less than significant with mitigation. As detailed previously in Section 5, Cultural Resources, the Project site does not meet any of the historic resource criteria and does not meet the definition of an historical resource pursuant to CEQA. Therefore, the Project would not result in impacts to historic resources that are listed or eligible for listing. As such, the Project would result in no new impacts related to historic resources that are listed or eligible for listing and have cultural value to a California Native American tribe. b) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. No New Impact. Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California tribes as part of the CEQA process and equates significant impacts on "tribal cultural resources" with significant environmental impacts (Public Resources Code [PRC] § 21084.2). AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project's potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration, or EIR for a project. AB 52 does not apply to a Notice of Exemption or Addendum. As described in the GPU EIR, eight archaeological resources have been recorded within the City, including four prehistoric sites, one multicomponent site, and three historic isolates. The City includes many locations that would have been favorable for prehistoric Native American occupation, and buried resources may remain in areas where developments such as parking lots, parks, or structures with shallow foundations have required only minimal ground disturbance. In addition, Project site soils consist of quaternary alluvium and undocumented fill materials that have the potential to include tribal cultural resources. Based on the moderate sensitivity of the site for resources, the Project would be required to implement GPU Mitigation Measure CUL-6 that requires a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the Project area to monitor all ground -disturbing construction and pre -construction activities in areas of high sensitivity, which would reduce impacts consistent with the requirements of the GPU EIR. Therefore, the Project would result in no new impacts related to tribal cultural resources. Conclusion With regards to the issue area of tribal cultural resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 95