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 Archaeological Resources Assessment describes that the Project site has been previously disturbed by grading, and fill soil was identified in soils tests to a depth of five to seven feet. The Archaeological Resources Assessment determined that based upon the previous grading disturbance of the site and the sparse number of recorded archaeological sites in the vicinity, the Project site has a very low potential to contain buried and in situ cultural resources. Thus, the Archaeological Resources Assessment determined that it is highly unlikely that any resources would be impacted by redevelopment of the site. Based on the very low potential of the site for archaeological resources, the Project would not be required to implement GPU Mitigation Measures (listed below) related to archeological monitoring. Therefore, the Project would result in no new impacts related to adverse change in the significance of an archaeological resource. c) Disturb any human remains, including those interred outside of formal cemeteries? No New Impact. The Project site does not contain a cemetery, and no known formal cemeteries are located within the immediate vicinity of the Project site. Nevertheless, should human remains be unearthed during grading and excavation activities associated with Project development, the construction contractor would be required by California law to comply with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. According to Section 7050.5(b) and (c), if human remains are discovered, the County Coroner must be contacted and if the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner is required to contact the NAHC by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, the NAHC is required to immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. According to Public Resources Code Section 5097.98(k), the NAHC is authorized to mediate disputes arising between landowners and known descendants relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native American burials. Through mandatory compliance with California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, the Project would not result in significant impacts to human remains, and impacts would be less than significant. Therefore, the Project would result in no new impact related to disturbance of human remains. Conclusion With regards to the issue area of cultural/archeological resources, the following findings can be made: 1. No peculiar impacts to the Project or its site have been identified. 2. There are no potentially significant off -site and/or cumulative impacts which were not discussed by the GPU EIR. 3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU EIR. Uniformly Applied Development Policies or Standards (DP/S) California Health and Safety Code Section 7050.5 regarding human remains GPU EIR Mitigation Measures Applicable to the Project CUL-1 Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian 48